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Home My Public Portal AboutA2008-04-15CCThis Agenda contains a brie( general descnphon of each item to be considered Copies of the Stall reports or other written documentation relahny to each item of business referred to on the Agenda are on 61e ur the Office of the Crty Clerk and are available for public inspechun A person who has a question concerning any o(the agenda dems may call the Gty Manager at (310) 603-0220, ext 200 Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON APRIL 15, 2008 COUNCIL CHAMBERS ~,,,~ ~;9T`G~F LN~~i~~~91~ ItC't _I ?: al~~b /~ f ~ (/L %zlcrap~~ /~~,~C l C r-t !*e-~ !~ ~ / 11330 BULLIS ROAD, LYNWOOD, CA 50262 500PM MARIA TERESA SANTILLAN MAYOR AIDE CASTRO MAYOR PRO-TEM JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L HALEY CITY CLERK MARIA QUINONEZ OPENING CEREMONIES CALL TO ORDER ALFREDOFLORES COUNCILMEMBER RAMON RODRIGUEZ COUNCILMEMBER CITY ATTORNEY FRED GALANTE CITY TREASURER SALVADOR ALATORRE CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Aide Castro Alfredo Flores Jim Morton Ramon Rodriguez Maria T Santillan PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS/PROCLAMATIONS • GRIP Program -Tony Ostos • San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy • Victims of Crime Proclamation • Week of the Young Child Proclamation • Earth Day Proclamation • National Library Week Proclamation • City Council Member Reporting on Meetings Attended (Gov Code Section 53232 3(D)) COUNCIL RECESS TO LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA. THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING (The Ralph M Brown Act, Government Code Section 54954 2 (a) ) CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T SANTILLAN, MAYOR AIDE CASTRO, MAYOR PRO-TEM ALFREDO FLORES, COUNCILMEMBER JIM MORTON, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER PUBLIC HEARINGS ADOPTION OF THE 2007 BUILDING CODES Comments The attached Ordinance provides for adoption of the latest edition of the California Budding Standards Code (CBSC), which encompasses the Budding, Mechanical, Plumbing, Energy, and Electrical code and re-adopts several of the City amendments currently in place In addition, the Ordinance adopts the structural amendments to the building code developed by the Los Angeles Regional Uniform Code Program - International Code Council -Los Angeles Basin Chapter These structural amendments were specifcally designed to address the unique topological and geological conditions of the Los Angeles County and [he City of Lynwood Recommendation Staff recommends that the City Council conduct the Public Hearing, waive reading, and adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 11 BUILDING AND HOUSING BY AMENDING SECTION 11-1 1 (BUILDING CODE), SECTION 11-61 (ELECTRICAL CODE), SECTIOPJ 11-91 (MECHANICAL CODE), SECTION 11-101 (PLUMBING CODE), OF THE LYNWOOD MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA CODES OF REGULATIONS" EMERGENCY NUISANCE ABATEMENT - 3381 VIRGINIA STREET Comments Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsandary or unsightly conditions which affect the life, hmb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance Recommendation Staff recommends that the City Councl conduct a public hearing and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3381 VIRGINIA STREET, AND IDENTIFIED AS TAX ASSESSORS BOOK NO 6168, PAGE 008, PARCEL NO 034 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF" CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action 10 MINUTES OF PREVIOUS MEETINGS Regular Meeting -March 4, 2008 11 APPROVAL OF THE WARRANT REGISTER Comments City of Lynwood warrant register dated April 15, 2008 for FY 2007-2008 Recommendation Staff recommends that the City Council approve the warrant register 12 PARK MAINTENANCE GRANT FUNDS TRANSFER Comments Each year staff requests for a portion of the Los Angeles County Park Maintenance Grant to be transferred to Protect Number 05-5222 for the maintenance of the Lynwood City Park The funds are utilized for purchasing operating supplies, equipment rental and hiring of part-time/temporary staff to maintain Lynwood Park The protect is currently listed nt the Capital Improvement Protect budget for Fiscal Year 2007-2008 Recommendation Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO TRANSFER $40,000 IN UNAPPROPRIATED FUNDS FROM THE LOS ANGELES COUNTY PARK MAINTENANCE GRANT FUND (3541) TO PROJECT NUMBER 05- 5222 FOR FY 2007-2008" 13 ADOPTION OF PLANS, SPECIFICATIONS AND WORKING DETAILS STREET IMPROVEMENT PROJECT, HULME AVE & SHIRLEY AVE PROJECT NO 4011 67 949 AND 4011 67 991, IMPERIAL HIGHWAY PROJECT NO 4011 67 990, CARLIN AVENUE PROJECT NO 4011 67 966 Comments The plans, specifications, and working details for 1) Hulme Ave & Shirley Ave, 2) Imperial Hwy ,and 3) Carlin Ave street improvement protects have been completed and are now ready for the City Council's adoption in accordance with California Public Contract Code Section 22039 and Lynwood City Code Section 6-6 7 that requires the City Council to adopt plans, specifications, and working details for all public protects exceeding $125,000 The total street improvement construction cost estimate (Engineer's Estimate) for the subject pro)ect consisting of the above-named streets is $1,075,500 Recommendation Staff recommends that the City Council of the City of Lynwood adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, SPECIFICATIONS AND WORKING DETAILS FOR THE HULME AVE & SHIRLEY AVE STREET IMPROVEMENT PROJECT, PROJECT NO 4011 67 949 AND 4011 67 991, THE IMPERIAL HIGHWAY STREET IMPROVEMENT PROJECT, PROJECT NO 4011 67 990, AND THE CARLIN AVE STREET IMPROVEMENT PROJECT, PROJECT NO 4011 67 966. AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS ENGINEERING STAFF TO SOLICIT BIDS " 14 RUBBERIZED ASPHALT CONCRETE GRANTS Comments The California Integrated Waste Management Board is accepting applications from local agenaes for the Rubberized Asphalt Concrete Grant Program Local agenaes are regwred to adopt a resolution approving the application Recommendation Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RUBBERIZED ASPHALT GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION AND ACCEPTANCE DOCUMENTS" 15 APPROVAL OF A SECOND AMENDMENT TO A CONSULTING AGREEMENT WITH SHARPP PROPERTY MANAGEMENT Comments Staff is currently in negotiations wdh Habitat for Humanly and AOF Pacific to acgwre and rehabilitate 3254 Palm and 3250 Magnolia Due to a change of City Attorney's, staff will need additional time not previously considered fo come to an acceptable agreement with the developers In the interim the management contract will need to be extended no longer than four months It is expected that an agreement with the Developers will be reached well prior to this date and management services will not be needed for the full length of the four months Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD APPROVING A SECOND AMENDMENT TO A CONSULTING SERVICES AGREEMENT WITH SHARPP PROPERTY MANAGEMENT, FINDING THAT THE EXTENDED ENGAGEMENT OF SUCH MANAGEMENT SERVICES IS MORE ECONOMICALLY AND EFFICIENTLY EFFECTED THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED BY THE LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT". 16 APPROVAL OF AN AMENDMENT TO A CONSULTING AGREEMENT WITH DAVIS GROUP CONSULTING INC TO PROVIDE POLLING/PUBLIC OUTREACH SERVICES FOR REAFFIRMATION OF THE UTILITY USER'S TAX (UUT) Comments In Oc[ober 2006, the City of Lynwood solicited proposals and elected to enter into a consulting services agreement with Davis Group Consulting, Inc for an amount not to exceed eighty-nine thousand ($89,000) The consultant was to provide services for 1) Polling the voters to gauge their support for reaffirming the UUT, and 2) Educating the voters on the benefds of the tax or the implication of not reaffirming d Recommendation Staff respectfully recommends that the Lynwood City Council approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO 1 TO A CONSULTING SERVICES AGREEMENT WITH DAVIS GROUP CONSULTING INC TO PROVIDE POLLING/PUBLIC OUTREACH SERVICES RELATED TO THE REAFFIRMATION OF THE CITY'S UTILITY USER'S TAX (UUT) WITH THE PURPOSE OF EXTENDING THE ENGAGEMENT TO NOVEMBER 15, 2008, AND AMENDING THE NOT TO EXCEED AMOUNT FROM $59,000 TO $75,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT" 17 FY 2007-08 MID-YEAR BUDGET MODIFICATIONS Comments During the Mid-Year budget presentation on February 19, staff presented the proposed revenue and expenditure modifications Since the budget adoption, additional information became available on the City's revenues and expenditures based on the actual collection and spending through the mid-year Also, based on a forecast of service needs through the year-end and staff analysis, amendments to the FY 2007-08 budget of the City are recommended Recommendation Staff recommends that the City Council review and approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2007-08 MID-YEAR BUDGET MODIFICATIONS" 18 ASSISTANT CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT SERVICES AGREEMENT Comments The City Manager has selected a candidate for the position of Assistant City Manager/Finance Director and authorized the extension of terms of employment under an at•will employment agreement Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE ASSISTANT CITY MANAGER/FINANCE DIRECTOR " 19 REQUEST FOR ASSISTANCE - ST FRANCIS MEDICAL CENTER Comments St Francis Medical Center in collaboration with Faison and Faison Children's Dental Center and LA Care Health Plan are requesting the assistance of the City of Lynwood to co-sponsor the first-ever Special Needs Health Festival The request is for City staff support to hang a street banner, provide for tables, chairs, canopies, and for staff to provide a Kid's Corner for face painting and games All of the activities will be conducted on the St Francis Medical Center Campus, Saturday, April 26, 2008 Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING FOR THE USE OF STAFF TIME TO FACILITATE SUPPORT SERVICES FOR ST FRANCIS MEDICAL CENTER'S SPECIAL NEEDS HEALTH FESTIVAL " 20 REQUEST FOR SPECIAL PERMIT HARRIS AVENUE -STREET CLOSURE Comments A request was made by the residents of Harris Avenue to close a portion of Harris Avenue (between Josephine Street and Agnes Avenue) to conduct a speaal meeting with Mark Ridley Thomas on Saturday, April 26, 2008 from 3 00 p m to 7 00 p m Recommendation Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HARRIS AVENUE STREET CLOSURE FOR A SPECIAL MEETING ON SATURDAY, APRIL 26, 2008" 21 THE MEXICAN NATIONAL CIRCUS Comments Representatives of the Mexican National Circus have requested the approval of City Council to schedule Circus performance dates in the City of Lynwood on April 18-28, 2008 and May 15-26, 2008 Recommendation Staff recommends that the Lynwood City Council approve the arcus with the stipulation that all City of Lynwood fees be paid in accordance with the current fee schedule 22 TRAFFIC SIGNAL IMPROVEMENTS AND ADDITIONAL CONCRETE WORK AT IMPERIAL HWY AND MARTIN LUTHER KING JR BLVD Comments The County of Los Angeles Truck Impacted Intersection Protect has started at the intersection of Imperial Highway and Martin Luther King Jr Blvd The needed upgrades and improvements to the traffic signal at this intersection and additional concrete work can be done more cost effectwely by a work order through the County, as part of the existing protect Recommendation Staff recommends that the City Council of the City of Lynwood adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CHANGE IN WORK REQUEST NO 9 WITH LOS ANGELES COUNTY FOR THE TRAFFIC SIGNAL AND MISCELLANEOUS CONCRETE IMPROVEMENTS AT THE INTERSECTION OF MARTIN LUTHER KING JR BLVD AND IMPERIAL HWY, PROJECT NO 4011 67 988, AUTHORIZING THE ADDITIONAL WORK AND THE CITY MANAGER OR DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS" 23 APPOINTIPG WILLDAN AS INTERIM CITY SURVEYOR FOR PARCEL MAP NO 26625 Comments The developer has requested to expedite the subdroision plan check for Parcel Map No 26625 The developer is willing to pay the fees to have an outside consultant finish the plan check. instead of Los Angeles County The City will need to designate the consultant as Interim City Land Surveyor for Parcel Map No 26625 and authorize staff to set-up an account for the deposit of the necessary additional fees Recommendation Staff recommends that the Cdy Council adopt the following resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING WILLDAN & ASSOCIATES AS INTERIM CITY SURVEYOR FOR THE SUBDIVISION PLAN CHECK OF PARCEL MAP NO 26625 AND AUTHORIZING THAT AN ACCOUNT BE ESTABLISHED FOR A DEPOSIT FROM THE DEVELOPER TO PAY WILLDAN 8 ASSOCIATES FOR SUBDIVISION PLAN CHECK FEES OF PARCEL MAP NO 26625" NEW/OLD BUSINESS 24 ALLEY CLOSURE PROGRAM Comments This item was continued from the March 18, 2008 City Council Meeting As part of the City's Alley Closure Program, four alleys have had gates installed at the entrance points The City is now reconsidering the closure of public alleys Recommendation Staff recommends that the City Council review staffs report on the Alley Closure Program and provide staff direction on how to proceed CLOSED SESSION 25 CLOSED SESSION ITEMS A With respect to every item of business to be discussed in closed session pursuant to Section 54956 95 LIABILITY CLAIMS 1 Claimant Lorna Hawkins Agency claimed against City of Lynwood With respect to every item of business to be discussed in closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (subdivision (al of section 54956 9 ) 1 Naine of Case Nabar Enrique Martinez, et al v City of Lynwood Case No BC374258 ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON MAY 6, 2008 AT 5 00 P M IN THE COUNCIL CHAMBEP,S OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA L ' f` ~°~'~ AGENDA STAFF REPORT ~~ ~~~~: DATE: April 15, 2008 TO: Honorable Mayor and Members of C~t Council APPROVED BY: Roger L. Haley, City ManageC PREPARED BY: Jonathan Colin, Development Services Director~~( James M. Guerra, Interim Building Official SUBJECT: Adoption of the 2007 Building Codes Recommendation: Staff recommends that the City Council conduct the Public Hearing, waive reading, and adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 11 BUILDING AND HOUSING BY AMENDING SECTION 11-1.1 (BUILDING CODE), SECTION 11-6.1 (ELECTRICAL CODE), SECTION 11-g.1 (MECHANICAL CODE), SECTION 11- 101 (PLUMBING CODE), OF THE LYNWOOD MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA CODES OF REGULATIONS." Background: The attached Ordinance provides for adoption of the latest edition of the California Building Standards Code (CBSC), which encompasses the Building, Mechanical, Plumbing, Energy, and Electrical code and re-adopts several of the City amendments currently in place. In addition, the Ordinance adopts the structural amendment to the building code developed by the Los Angeles Regional Uniform Code Program -International Code Council -Los Angeles Basin Chapter. These Structural amendments were specifically designed to address the unique topological and geological conditions of Los Angeles County and the City of Lynwood. Discussion & Analysis: The California Health and Safety Code allows cites to amend the CBSC when deemed necessary and reasonable because of local climatic, geological or topographical conditions, as long as the amendments are more restrictive than the un-amended CBSC. The California Building Standards Commission is responsible for the adoption of the latest model codes every three years. After review and input by various state agencies and other interested parties, the Commission, which ultimately amends and adopts the selected model codes under the title, holds public hearings on the California Building Standards Code. Absent a local ordinance adopting and amending the CBSC, the CBSC, without City amendments, have automatically l;.<<~ become effective within the City on January 1, 2008. Thus, if the City is to reta+n local amendments deemed important to the health, safety, and welfare of its residents and v+sitors (some examples of these amendments are requirements perta+n+ng to Min+mum Class A roof covering and higher seismic design standards), +t is necessary to adopt the attached Ordinance. This Ordinance was introduced and first read at the March 4, 2008 Council meeting The new code editions numbering system compel the need to revise the current municipal code amendments to correspond to the new codes format Thus, several of the City's existing amendments were re-adopted under the new numbering system. Fiscal Impact: There is no f+scal impact from the action recommended in this report. Coordinated With: Los Angeles County Fire Department City Manager's Office City Attorney Attachments: - Ordinance - Proposed Structural Amendments to the 2007 California Building Code AN ORDINANCE OF THE CITI" COUNCIL OF THE CITY OF LI'NWOOD AIt4ENDING CHAPTER it BUILDING AND HOi_iSING Bl' Ab4ENDING SECTION l l-I.l IBL?ILDING CODE), SECTION 1l- 6 l IELEC'fRICAL C'ODEI, SEC'T1ON L I-9 l (MEl_'HAN[CAL CODE), SECTION ll-Ul.l (PLUMBING CODE1. OF THE Ll'NWOOD MLiNICIPAL CODE Bl' .4DOPTEJG BY REFERENCE THE CALIFORNIA C".ODES OF REGULAT[ONS WHEREAS, Section 1793 of the California Health and Safely Code reyuu~es the local adoption of the latest model codes, which have been adopted at the State level, and requires these regulations become effective six months after the State adoption; and WHEREAS, the State adopted these codes on July 1, ?007 and the codes became effective January 1, 200S; and WHEREAS, these State mandated codes and related materials are used by the Bwlilmg Inspectors, Code Enforcement Officers, Cdy Clerk, City Attorney, City Prosecutor, Designers. Architects, Engineers, Developers, Contractors and the ~uteral public; and WHEREAS, mcogx~rating the ?007 Edition of the California Bmlding Standards Codes will keep the City of Lynwood m compliance with State law; and WHEP.EAS, the City's building regulations remain consistent with those of the State, proviJmg minimum standards to safeguard life or lunb, health, property and public welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF L~'NN~OOD DOES HEREBI' ORDAIN AS FOLLOW'S' SECTION L Chapter L 1 Building and Housing, Section 11-I.I (Budding Code), Section l l-l.l (Adoption by Reference of the Cahfonua Bwldmg Code), Section 11.1.2 (Amendments to BuiMing Code) :md Section 11-1 3 (Violations and Penalties) of the Lynwood Municipal Code are hereby amended to mad as follows 11-L1 Adoption by Reference of the California Bwldmg Code Except as provided herein, the 2007 Edition of the State of C'ahforma Bwldiug Code (Cahforma Code of Regulations, Title 2-4, Part 2) based on the 2006 International Building Code, including Appendix Chapter 1, Adnumstrition and Appendix I, Yxtio Covers 2007 Edition, as pronndgated and published by the International Code Council, is hereby adopted by reference as thou~•h fully set forth herein, and shall conshhde and is herebv established as "the Bmldin~ Lodz of the City of L)mwood" ("Building Code" herein) A copy of the 2007 Edition of the California Budding Code has been deposited m the Office of the City Clerk and shall at all Mmes be maintained by the City Clerk for use and exmnmauon by the public.,, 11-1 2 Anrendntents to the Bmldmg Code Section 11-I ' (a) Building Oftic~al is hereby amended to read as follows: The tens Bwldmg Official m Appendix Chapter 1 Section 11.13 shall be the Budding and Safety Manager of the City of Lynwood Section I 1-l? (b) Board of Appeals ~s hereby amended to read as follows The Board of Appeals m Appendix Chapter 1 Section l L.l shall be the City Council of the City of Lymvood. Section Chapter 1 Section l 12.3 is hereby deleted. Section 11-1? Id) is hereby deleted. Section 11-I ? (el is hereby amended to read as follows: Appendix Chapter 1 Section l l_IS 6 is hereby intended by adding the following All refunds of fees that are authorrzed by the Bwldmg Official are suhlect to final approval by the City 1vlanager Section 11-I 3 (h) Adoption of Structural Amendutenls to the 2067 Cahtbmia Building Code as published by the Los Angeles Regional Umfornt Regional Code Program - Ltrernauonal Code Council -Los Angeles Basin Chapter is hereby added The 2007 California Bmldm~ Code is hereby amended by adopting the Stnictural Atnendntents as published by the Los Angeles Regional Uniform Regional Code Program - lnternahonal Code Council -Los Angeles Basin Chapter published October 'Oit7 (Exhibit l ). Section 1 l-].3 Violations :utd Penalties is hereby amended to read as follows: Any person violating any of the provisions of the Bwiding Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or pomon thereof, during which any violation of any provision of the Bwlding Code ~s comnutted, continued or pennrtted. Upon conviction, any such violation shall be pumshahle as provided for m Chapter I of this Code. SECTION ? Chapter 1 I Budding and Housing, Section 11-G.1 (Electrical Code), (Adoption by Reference of the California Electrical Code) and Section 11-6.4 IAmeudments to Electrical Code) of the Lynwood Municipal Code are hereby amended to read as follows: 11-(. 1 Adoption by Reference of the Cahfom~a Elec[neal CnJe. Except as provided herein, the 3007 Edition of the State of C ahfornia Electrical Code ICahfonu:~ Code of Regulations. Title 3d, Yart 3) based in the 2001 National Electrical Code, including any amendments and annexes thereof, as promulgated and published by the National Fire PNIeI'ti0^ Association, Inc_, is hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Electrical Code of the City of Lynwood" ("Electrical Code" herein) A copy of the 2007 Edition of the Cahfomia Electrical Code. has been deposited in the Oftice of the Cdy Clerk and shall at all limes be mauriamed by the City Clerk for use and examination by the public. 11-6.4 Violations and Penalties Any person violating any of the proviswns of the Electrical Code shalt be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of :t separate offense for each and every day, or pomon thereof, during which any violation of any provision of the Electrical Codc is conunrtted, continued or pemutted. Upon conviction, any such violation shall be punishable as provided for m Chapter 1 of this Code. SECTION 3. Chapter 11 Building and Housing, Section 1 I-9 1 (Plumbing Code), (Adoption by Reference of the Cahfonua Plumbing Code) and Section I 1-9 4 (Violations and Penalties) of the Ly~nvood Municipal Code are hereby amended to read as follows. l 1 ~t.l Adoptwn by Reference of the Catifom~a Plumbing Code. Except as provided herein, the 2007 Edition of the State of Calilomia Plumbing Code (Califonua Code oCRegulations, Title 24, Part ~) based m the 2006 Uniform Plumbing Code, including any amendments and appendices thereof, as pronuilgated and published by the L,temational Association of Plumbing and Mechanical Ofticials, ~s hereby adopted by reference as though fully set forth herein, and shall constitute and is hereby established as "the Plumbing Code of the City of Lynwood" ("Plumbing Code" herein). A copy of the 2007 Edrtio^ of the Cahfomia Plumbing Code has been deposded m the Oftice of the Crtv Clerk and shall at all times be mamtmned by the City Clerk for use and examination by the public 11-9.4 Violations and Penalties Any person violating any of the provisions of the Electrical Code shall be deemed guilty of a nusdemeanor, and each such person shall be deemed gmlty of a separate offense for each and every day, or portmn thereof, during which any violation of any provision of the Electrical Code is commuted, continued or pennrtted Lipon conviction, any such violation shall be punishable as provided for m Chapter 1 of this Cole. SECTION d Chapter ll Building and Housing, Section ll-I0.1 (Mechanical Codel (Adoption by Reference of the California Mechanical Code) and Section l l-10.a (Violations and Penalties) of the Lynwood Mmlicipal Code arc hereby amended to read as follows: 1 L 10.1 Adoption by Reference of the Califonua Mechanical Code. Except as provided herein, the _'007 Edition of the State of Cahfomia Mechanical Code IC'alifornia Code of Regulations, Title 24, Part 4) Iiasetl m the _'i10(i Uniform Mechanical Code. including any amendments and appendices thereot; as pronudgated and published by the International Association of Plumbing and Mechancal Ofliccds, is hereby adopted by reference as though fully set fin-th herein, auJ shall constitute and is hereby established as "the Mechanical Code of the City of Lynwood" ("It4echamcal Code" herein). A copy of the _'007 Edition of the Cahtbnua Itiechanieal Code has been deposited in the Office of the City Clerk and shall at sll times be m:untamed by the City Clerk for use and ex:uumahon by the public. 11.10.4 Violations and Penalties. Any person vtolatm~ any of the provisions of the Aechanical Code shall hr deemed guilty of a misdemeanor, and each such pet'son shall be deemed gmlty of a separate offense for each and every day, or portron thereof, during which any violation of any provision of the Mechanical Code ~s rnnunrtted, continued or permitted. Upon conviction, any such violation shall be punishable as provided for m Chapter I of this Code. SECTION ~. The adoption of this Ordinance shall fultill the City of Ly~nvood's obligation under Section L795S of the Health and Safety Code to adopt and apply the provisions of the Cahfomia Building Standards Code to all occupancies within the City. SECTION 6. This Ordinance shall take effect and be m force on the thirty-first (31st) flay after its adoption. SECTION 7' The City Clerk of the City of Lymvood ~s hereby du'ected to ceili ly to the passage and adoption of this Ordinance and to cause rr to he published as' required by law. First read at a regular meeting of the Cdy Council held on the day of _, _'(tUS and adopted and ordered published at a regular meeting of said Council held on the dal' of . ?IIOa. ATTEST: t~isyor Mara T Sanhllan Mana L. Quuwnez, City Clerk Roger L Haley, Cuy 1\durager City of Ly~ns'ood APPROVED .AS "CU FOR1~1. Fred Galante, Crty Attorney City of Lynwood Jonathan Cohn, hiterim Director De~~elopment Services Department l_ ~~~ S'-I :v CCEi e`LCntr4si~._ ~. 4 df~v Ft~ LOS ANGELES REGIONAL UNIFORM CODE PROGRAM PROPOSED STRUCTURAL AMENDMENTS TO THE 2007 CALIFORNIA BUILDING CODE Final Draft: October 22, 2007 PREPARED BY: ICC LA BASIN CHAPTER STRUCTURAL CODE COMMITTEE This is ~ n~orking document lender cuusideo~:diurs by Ilic lCt_' LA basin Chapter ti6'uctw ;d Code 4'uuuuifice. I! r: coal available sol I C ::opal commrnlc. Irmo m[ e-.1.-d p.ulr-.-and roc, IIOT be ~chrd upou or uuh., d (vr guy uihcr puq~n,~- rh:d~d.,.~u~~rm:~nurh~~,.~ i. ndV: .,ii P.m iJ,,..:~~,.,~.~.... ~.....,.. _li , i~ i i_+:. L., ''_!.I F:L't il'.'!._'.. ~ 'I ;-:P . 1. .' ;I ~~_ _~I-. ~,I,I it -..i :I i _:i-'1 ~'tii=FK.Cl= The City of Las Anyrle~. D.=partrn«-ni of Fuil~luni anti :gaiety, L~, Ari;p~lrs County Euderurg an~i safety Division, the Cly of Lony 6e=«ch Department of Piarumig and Guddrny, anci thr Crty of Santa Monrea Gadding aru9 Sa(ety Divrsron, ui a-,operation write major jr.rrisdwtion~~, in the region, are continuing efforts to ueate uniformity of Buridrnq l;odes and regulation in the entire Los Anyelas region. This is an exciting regulatory streamlining effort that Creates uniformity of budding, plumping, mechanical and elecUical codes in most of the jririsdu;Uons ui the reciion. ~. Reduces [he total number of local amendments to the codes from over 1000 to less than 50 (96s, reduction rn local amendments). 3. Has received support from 85 iunsdictions representing over 98`% of the population in Los Angeles County. 4 Over 58 jurisdictions have actively participated in formulation and implementation of this program. 5. Major tunsdictrons in the region have been active parircipants in the program incirr~ling~ ~, Cdy of Los Angeles, County of Los Angeles, Lony Beach, Santa Monica, Torrance, San Marano and Simi Valley. 6. With construction valuation of over $5 billion m the region, conservatively assuming that this program produces a 1 °5 construction cost savings, there will be an estimated cost savuiy of $50 million per year. STATEMENT ON USE OF DOCUMENT The pnmary purpose of the ICC LA Basin Chapter Structural Code Committee is to serve grid benefit its members. To this end, the Structural Code Conuiuttee provides a forum for the exchange, consideration, and discussion of ideas and proposals that are relevant to the construction industry and the consensus of which forms the basis for the proposed amendments contained in this document. By making available fhe recommendations in this document, the Structural Code Committee does not insure any jurisdiction using the information it contains against any liability arising from that use. The Structural Code Committee disclaims liability for any injury to persons or to property, or other damages of any nature whatsoever, whether special, indirect, consequential or compensatory, directly or indirectly resulting from the publication, use of, or reliance on this document. The Structural Code Committee makes no guaranty or warranty as to the accuracy or completeness of any information iirovided herein. Any jurisdiction using this document should rely on their own independent judgment and exercise reasonable care in any given circumstances. Each jurisdiction adopting the proposed amendments contained ui this document should make an independent, substantiating investigation of the validly of that information for them particular use. Proposed 2007 LAP.UCP Local Amendments Pa.-re :% u( G~' 200ri IBC / 2007 CBC Rnal Dr.-,Ir 10l~2lci7 ICG LA Basin CPiapter • Structural Code Conundtee i,~; ~_. ;i;.~LL ,:-C, I'-~ ~_. .~~ •R1,1 ~_~C%C.I h~_ :i=r~~7 if i~;=~.~l~-.l=~ ,... - Li`,Rili..F '.~-~)'~' I,nlrl il„~yri ;_.,=u,~piai)I. ;( L,4fa_tc-:P-:~-1i; i:_ii-!il~ty of fdzi~l:_. .. .. ~1; LARUCP :'3-0=1 VVv,iil Slructur3l Panel .... LARIJCP 23-0 Shear Wall 5heath,~i1 with Other Matenals ................ 56 LARUCP '?3-06 Conventional Constructron ........... ................ .. 59 Proposed :.1007 LARUCP Local Amendments Paip~ 4 of L2 ;'006 IBC / L007 CBC Final Draft. 10fZY/07 ICC LA Basin Chapter • Siru~aural Code Cornmiltee SF ~._.~:~I iif i 1.-. ~~~,~ ca,i 1,; the lodnivu;~! Inr_In~i:Itr.11s ~n~itiu~ul /Ins~=~ ~tgq~orl ,rr; ail„rf ilia I Fi:O;llllli~ll~ ii; ~q L`~ ~! ~ ,~'I~te~ l I1~'I eln WGUii_l I-P it ~ u_. IR :511%Ie Ben Lucy, iA t~~_~unty Ben Schmid, Consultiru~ °,tructural Engineer Ban 'i ousafi, i :rt1' of Santa f~4uruca Carl Sramek, SEAOSC Budding Code Conu»Ittae Ed Alexanians, LA County Eddie Yamamoto, CRy of Suni Valley Forest D. Nlshryoka, City of Torrance Hassan Alameiiduie, LA County James Lai, SEAOSC Selsmoloyy Committee Jameson Lee, LA City Building Department Maw Dudar, LA County Mehran Pourzanjani, SEAOSC Seismology Committee Mikhail Gershfeld, APA - Engineered Wood Association Nick Delli Quadri, LA City Building Department Philip Yrn, Long Beach Budding Department Stave Ikkanda, LA City BuilcLng Department Steve Lam, LA County Timothy Koutsouros, VCA Code Group Tom Van Dorpe, SEAOSC Light-Frame Systems Committee Truong Huynh, Lorry Beach Building Department Prnpnsed 2UU7 LARUCF Local Anren~iniants Page 6 of 62 2006 IBC / 2007 CBC Final Draft: '1U/22/07 ICO LA Basin Cliapler • •tru~.kir al C;od~ i ;vnundtee r ~r, t .a } .'I 111; ~_ _. /~~~VI~C~_~-. ~_~ I''.L _i ('1 i,.i_ 1_I ~,~fll_( h'.~\%. _!I)L !''I '. _h_. ~-:ill\''I I ~ I'~".1_ 2u07 !-i~F:UGP 16-G2. :_;r,c:iiorl lr, 1:='~ ~ r~ .i<!di:d ii_~ Clr:~pte;r iii iri iiie=U07 C.~111irrl~,;r Bwlilrrlq c=;pile fu read as foliovvs 1613.7 Suspended Ceilings. Niuwnum Jesriur arrr.I urstallatron srandarcls for su.~panded crrlings shall be detarminecl ur accoalance wdh the requirements of Chapter 2.5 of this Code aril lhrs suhseclron 1613.7.1 Scope. This part contain:; special reuuu"ements for suspenred callings aril lighting systems Prowsrons of S'ec6un 13 5.6 of ASCE 7 shall apply extent as nuxbfieil herein. 1613.7.2 General The suspended cedrngs and hghtrnq systems shall be lunrled to fi feet (1823 mm) helow the structural deck [rnless the lateral hracinq rs designed by a licensed engineer or architect. 1613.7.3 Design and installation Repuirertrents. 1613.7.3.1 Bracing at Discontinuity. Positive hracinq to the structure shall he provided at changes in the ceiling plane elevation or at disronhnuities in the cerluiq gral system. 1613.7.3.2 Support for Appendages. Cahle trays, electrical conduits and piping shall rr be independently supported and independently braced from the structure. 1613.7.3.3 Sprinkler Heads. Alt sprinkler heads (drops) extent fire-resrstance-rated floor/ceiling or roof/ceiling assemblies shall be designed to allow for free movement of the sprinkler pipes with oversize rings sleeves or adaptors through the ceiling the rn accordance with Section 13.5.6 2.2 (e) of ASCE 7. Sprinkler heads penetrabng fire-resrstance-rated floor/ceiling or roof/ceiling assemhlies shall comply with Section 712 of this Code. 1613.7.3.4 Perimeter Members. A rnrnrnruar wall angle size of at least a two inch (51 mm) horizontal leg shall be used at perimeter walls and interior full height partitions The first ceiling the shall maintain 3/4 inch (19 mm) clear from the finish wall surface. An equivalent alternative detail that will provide sufficient movement due to antirrpated lateral huilding displacement may be used in lieu of the long leg angle subject to the approval of the-Superintendent of Buildurq. 1613.7.4 Special Requirements for Means of Egress. Suspended ceding assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions. 1613.7.4.1 General. Ceiling suspension systems shall he connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 rpm) on renter along file entire length of the suspended ceilrrrg assenrhly located along the nraans of egress or at the lobby. Proposed 2007 LARUCP Local Amendments Pay ~c :i o(62 200ri IBC / 2007 CBC Final Drill 11 U;':JU7 ICC LA Bash Chapter • Structural Code Commdlee _I~ , .J:: fl I_!_ _. 1-`E~_Ji .q~'~.I_ lJ~'i _ r;6~ i-.,~-,~-;c i ~. -':,~.i (i ;'.~: ICI-') 2(tQ/ Lr;FfIf-I=` 1G-+d3. _.rcUon i1~1 r ~o~l~~l i:~ Clr_:ni~sl i6 of the _ilUi C::_Illtuinl.i L~IIII~ Ilrilj 1_:~ n ~F: h_, ! e 3C~ ~_1'=: ii ~Ir,N~'_-. 1693.8 Seisrnfc Design Provisions (or Hillside 6aildings. 1613.8.1 Purpose. The purpose of thrs sectrc,n is to establish murinxrrn regulations for the design and construction of net-v budduads and adclrUons to exrstinq burlclurgs when constructing such butldings on or into slopes s[aeper titan ona emit vartlca! in threw units horizontal 133.3°b). These regulatons establish nunirnum standards for seisnuc. fora resistance to reduce the nsh of uUury nr loss of Irfe in the c: vent of earthquakes. 1613.8.2 Scope. The provisions of this sectron shall apply to the design of the lateral-force- resisting svstem for hillside buildings at and below the base level diaphragrn. The desrctn of the lateral-force-resis6nq svstem above the base level diaphragrn shall be u~ accordance with the provisions for seismic and wind design as requirad elsewhere in this division. EXCEPTION: Non-habitable accessory buildurgs and ilecl<s not supporting or s(4)pnrted from the rnaur huilchng are exempt (rum these regulations. 1613.8.3 Definitions. For the purposes of this section centaur terms are defined as fellows: BASE LEVEL DIAPHRAGrL9 rs the floor al or closest to, the top of the highest level of the foundation. DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge. DOWNHILL DIRECTION is the descending direction of the slope approxunately perpendicular to the slope contours. FOUNDATION rs concrete or- masonry which supports a building induding footurgs stem walls, retaining walls and grade beams. FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a foundation running downhill and approximately perpendicular to [he uphill foundation. HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3°01. If only a portion of the building is supported on or into the slope, these regulations apply to the entire brrilding. PRIMARY ANCHORS are diaphragm anchors designed for- and providing a direct comiection as described in Sections 1613.8.5 and 1613.8.7.3 between the diaphragm and the uphill foundation. SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragrn to foundation connection, as described in Sections 1613.8.6 aucl 1613.8.7.4. Proposed 2007 LAP.UCP Local Amendments Page it „t G3 2006 IBC / ?007 CBC Finn! Drafl 11U~ '/i17 ICC LA Basin Chaptar • Structural C. Ada Cnmrndtea o- ~' (_~El7rc'Ili J19SC~'I df7i/ Id~t7. G ~ isum tvalit,o,.rrd and -}. Tensrun orJy braced frames- braced frames desraned ur accordanca wrth the requu~emants of Section'205.2.2 pray be used to tr~~nsfer forces from tha primary anchors' and drat?hragm struts to the fcwndatu~n provrded lateral forces do not induce flaxural stresses ur corny membar of the frame or in tha draphragrn struts. Deflertrnns of fr~nres shall account for the variation in slope of dragonal members when the fr.vrne rs not rNCtangutar. 1613.8.6. Base Slrear' Resistance-Secondary Anchors. 1613.8.6.1 General. In addition to the primary anchors required by Section 961.3.8.5 the hale shear in the downhill drrechon shall be resisted through seconda~ anchnrs in the uphill foundation connected to draphr~gm struts in the hasr, level diaphragm EXCEPTION. Secondary anchors are not required where foundations extendrrrg in the downhill direction spaced at not more than 3U feet (9144 mm) on center extend up to and are dirertly connected to the hase level c6aphragm for at least 7tl:u of the +~ diaphragm depth. 1613.8.6.2 Secondary Anchor Capacity and Spacing. Secondary anchors at the hase level diaphragm shall be designed fvr a minimum force equal to the base shear including forces tributary to the hase level diaphragm but not less than 600 pounds per Lineal foot (8.76 kN/rn). The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of four feet (1219 rnm) on center. 1613.8.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.8.8. 1613.8.7 Diaphragms Below the Base Level-Downhll! Direction. The following provisions shall apply to the lateral analysis and design of the connections for all diaphragms helow fhe hase Level diaphragm in the downhill direction. 1613.8.7.1 Diaphragm Defined. Every floor level below the base level diaphragm shall he designed as a diaphragm. 1613.8.7.2 Design Force. Each diaphragm below the base level diaphragm shall he designed for all trihutary loads at that level using a minimum seismic force factor not less than the base shear coefficient. 1613.8.7.3 Design Force Resistance-Primary Anchors. The design force described ur Section 9613.8.7.2 shall be resisted through primary anchors from diaphragm struts provided in each diaphragm to the foundation. Primary anchors shall be provided and designed in accordance with the requirements and lunitations of Section 9693.8.5. Proposed '?007 LAP,UCP Local Amendments Page 7:' ut r,? 2006 IBC 1 [007 CBC Fuial Draft 101221Or ICC to Basin Cliapt«-r • titruchrral Code Oummdt tilt _ ~ I I._i_~ (:I-'_~Il_;[, 4',i_ ~ II 'I ~' ~~'I ~_ !i :. I I it_'; 1~i ~i 11_p. ~~l -~1 r'~. ~El~tl7li' L~i,l 1-.;='t01~ llti , rlSi71~; t~!-1ri f-i ~); `. /7~ir il~~ 'i ~,l 4tr'el clnfl 1_:VnCr"E'tf_c .Jnra701.~l C/P l9'Iren 1178 :;tr811 ~/ll! ~~~Shlll metho(I lJ Irf;e!I ~~ ;. PtrrnarV iln~:hors. the load lath fir prrnt,;u}~ anchors aril driphr~tgrn stitrrs shat! be fully dr~velopecl into the diaphragm anct rnto the fxuul.~tron. The fotrndabon rntist be sh~nvn to b? adequate to resist tha corn,entr~ted loads from the pnmar y anchors 8. Secondary Anchors Tha load path for secondary anchors and draphragm struts shall be fatly developed or Cite draphragm but need not be developed beyorxl the connection to the foundation. 9 Symnretiy. Al! lateral force foundation anchorage and diaphragm strut connections shalt he symmetrical. Eccentric connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests. 10. Wood Ledgers Wood ledgers shall not be used to resist cross-grain bending or cross-grain tension. 1613.8.9 Lateral-Force-Resisting Elements Normal to the Downhill Direction. 1613.8.9.1 General. In the direction normal to the downhill direction lateral-force- ~ resisting elements shall he designed in accordance with the requirements of this section. 1613.8.9.2 Base Shear. In developing the base shear for seismic desa7n the response modification coefficient (R) shall not exceed 4.5 for bearing wall and building frame systems 1613.8.9.3 Vertical Distribution of Seismic Forces. For seisnuc (orces actmg normal to the downhill direction the distribution of seismic (orces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the ton of the lowest level of the huilding foundation. 1613.8.9.4 Drift Limitations. The story drift below the base level diaphragm shall not exceed 0.005 times the story herght. The total daft from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 rpm). Where Ure story height or the height from the base level diaphragm to the ton of the foundation varies because of a stepped footing or story offset, the height shall he measured from the average herght of the top of the foundation. The story drift shall not he reduced by the effect of horizontal diaphragm strffiress. Where code-prescrihed wind forces vovern the design of the lateral force resistin system normal to the downhill direction the drift Invitation shall be 0.0025 for the story drift and the total drift from the base level diaphragm to the ton of the foundation may exceed 3/4 inch (19 mm) when approved by the Department. In no case however shall the drift limitations for sersrnrc forces he exceeded. 1613.8.9.5 Distribution of Lateral Forces. Proposed 2007 LARUCP Local Amendments Paye 1.4 of fit 2006 IBC / 2007 CBC Final Dfatt. 10/22/07 ICC LA Easin Chapter • Structural Code Conrmdlee _I'; ~ _ ~' .~i-!_ ~, :ri..,;Jl'~. ! diP l_.~i•.Ji ri-i I iJ'_-,~-/'ri ,I \i :I_li a.:l y Ali is ~Illt;r Alr' ;ti?717 41~a1/$ Sh:=ii1 r','~IPl7(~ llill7-~ i!]~~ IGLII1lfAtlllll 81111 1'CI17,'Ori: r.'~! .~_' rel nll i~ir fUl" t'pl7i~l~r.'te ill 177a50n(' t~ ^,ilr~; ~~ - 1613.8. i0.2 Protection Against f~eca`r and Termites. All tvocu! to earth scpar,_Ibnn shall con7ph' with ilii following 1 Vl/here a footing or ilrade beam extends across a descencbng slope. 11re stem wall, grada bean). or footing shat) extend up to a nwlrnuun 18 Inches (~F57 Hunt abova the hrcihest adlacent grade. EXCEPTION At paved garage and doorway entrances to the buddrnq the stem wall need only extend to [he finished concrete slab, provided the wood fianlrng rs protected with a morsteue proof barrier: 2. Wood ledgers sunnortino a vertical load of more than 100 pounds per- lineal foot (1.46 kN/m) and located within 48 inches (1219 mnl) of adlacent grade are prohrbrted. Galvanized steel ledgers and anchor bolts, with or without wood Hailers. or treated or decay resistant sill plates supported on a concrete or masonry seat, rnay ha used 1613.8.10.3 Sill Plates. All srll plates and anchorage shall coalplV wdh the following: 1. All wood framed walls including nonbearing walls, when resting on a footing foundation, or grade beam stern wall, shat! be supported on wood sill plates heanng on a level surface 2. Power-driven fasteners shall not he used to anchor sdl plates except at interior nonbeanng walls not designed as shear walls. 1613.8.10.4 Column Base Plate Anchorage. The base of isolated wood hosts (not framed rnto a stud wale supportulq a vertical load of 4000 pounds (17.8 kN) or more and the base plate for a steel colun7n shall comply wrth the following: 1. When the Host or column rs supported on a pedestal extendina above the ton of a footing or grade beam the pedestal shall be designed and reinforced as required for concrete or masonry columns. The pedestal shall be reinforced with a mrninurm of four No. 4 bars extending to the bottom of the footing or grade beam. The top of exterior pedestals shall be sloped for positive drainage. 2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal shall be confined with two No. 4 or three No. 3 ties wdhin the ton five inches (127 mm) of the cona"ete or masonry pedestal. The base plate anchor bolts shall be ernhedded a minimum of 20 bolt diameters into the concrete or masonry pedestal. The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least two galvanzed nuts above the base plate. 1613.8.10.5 Steel Beam to Column Supports. Atl steel beam to column supports shall he positively braced of each direction. Steel Kearns shall have stiffener plates u7stalled Proposed 2007 LARUCP Loral Amendments Page 1G of G2 20x)6 IBC / 'x'007 CBC Final Gran 10/2:J07 ICC LA Basin Chapter • Structural Code Committee. tr << .i t3 t`_, Hf~:Elt .i i4J-:~-: jisi_.ilO1i 1014 I{.-il? I III I(1111'l.~l i ~~ -:dri,~~I t~, ~_ii<Ii,R=:j 1,1-~ OI 'll~~' ~~UOI t~~ Mini ~Inki BUl~~lilu~ i:ririe r„ ,r eCi A; i011~-i14'S SCCTIOfV 1614 MOOlFICATIOfJ TO ASCE 7. 1614.1 General. Tha text of ASCE 7 shall be mudifiacl az=. inclrcated in thrs Section. 1614.1.1 ASCE 7, 12.2.3.1, Exception 3. A9oi6fV ASCE ~ ~ectron 12 2.3.1 Exception :? to read as follom~s. 3 Detached one and two family dwellings up to twn stories in her4ht of fight frame construction. REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: Observed damages to one and two family dwellings of hyht frame construction after the Northridge Earthquake may have been partially attributed to vertical rrregularihes common to this type of occupancy and construction. In an effort to improve quality of construr_lion and incorporate lesson learned from studies after the Northridge Earthquake, the proposed modification to ASCE 7-05 Section 12.2.3.1 by limning the number of stories and height of the k structure to two stories will siynificantiy minimize the impact of vertical irregularities and concentration of inelastic behavior from mixed structural systems. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach regwn is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification to limit mixed structural system to two stories need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2UU7 LARUCP Local Amendments Paga 18 ut G3 2u0G IBC /L007 CBC Final Drsrfl. 1r1/?'_'/07 ICC LA Basin Chapter • Structural Cod? commdb?e .- h_~-. i~_i- '~i,.:.__i f~c,-1 _~;;;,1 ~.(i ~:h'~,; (+i~it- I i j-!;I. (I ,.,;_'l ii_.I' '~~G? Lf;t f_te f' "tt~-t)6. :Jl:!al~+h I!) i~ li_, I-i I :uiri l(51 ' I :', ;u' -aLi~=d ir, i_h:y?trr ~1~= C+f Ili:; c'I)t)7 f~ ;Ilfi Allld E'~I IIIi III ~~~ (~UC1C tU i _~ril _ I~IIiUN+:>: SECTION 1614 MODIFlCAT1ON TO ASCE 7. 1694.1 General The text of ASCE 7 shall ba nux9tfred as rndicatad to this Section. 1614.1.3 ASCE 7. Section 12.8.1.1. ModtfV ASCE i Sac[ion 92.8.1.9 bV antenclirt~~ Equation 1 Z.8-5 as follows C~. = 0~ 0.0=1d S~_; I = 0.09 (Eq. "12.8-5) REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: Results from the 75°~ Draft of ATC-63, t~uantification of Building System Performance and Response Parameters, indicate that tall builduiys may fail at an unacceptably too low of a seismic level unless the minimum base shear level is increased to the value used in ASCE 7- 02. Thus it is recommended that the adoption of the minimum base shear is appropriate due to the recent research in PEER and the ATG 63 project. The conclusion suggested that the reduction of the base shear in the previous code led to a trend in which tall builduigs had r decreasing safety wdh increasing height. To minimize the potential increased fire-life safety associated with sorb a seismic failure of tall buildings, this proposed modification increases the muiinurm base shear level to be consistent with previous edition of the building codes. The propose amendment to the current ASCE 7 is very well supported by the engineering community. Both SEAOSC and other structural engineer organizations from the state level are in support of adopting the revised mininuun base shear. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Due to the large numbers of tall buildings in this region as well as the increased 5re-life safety associated with such a seismic failure, the proposed modification to have a higher minimum base shear consistent with previous edition of the building codes need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed `L007 LARUCP Local Amendm~nrs Paq.~ 20 of 62 2006 IBC 12007 CBC Final Draft 10/22/07 ICC LA Basin Chapter • Structural Code Comnuttee _'1 1 r 1 ~._. ,.~, l iJ.>1_.:_~ _ i I =. ',IUI`1 H.I_ I_li III •_I;~11'+ ~ %L.~~ i ! /. ~~i:;'\t~ ".i .~~~f~P'1 , LU ~s/ f_tif': ~eL7 'iU-'•~u. .N'Gl1i 111 1Li t~t, t(ri~ I yin<.i l(?~i ~1 .I :i <fl@ dCill@< Iii (_'I-IafltPr 'j lj of the 2(107 C:_difornia Euddu Ig ~ :n~ic~ lu read as follo~.vs SECTION 1614 MODIFICA ZION TO ASCE 7. 1614.1 General Thy text of ASCE 7 shall be modified as uttlu.ated in thrs Section 1614.1.5 ASCE 7, Section 12.8.7. MndrfV ASCE 7 Sectrnn 92 5.7 by amendnu7 Equation 92.8-9fi as follurvs. I' ~ 1 (12.8-16) REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: Importance Factor, I, seems to have been dropped from equation 12.8-16 by mistake while transcribing it from NEHRP Recommended Provisions (2003) equation 5 2-16. For buddrnys s with importance factor, I, higher than 1.0, stability coefficient should include the importance factor. The proposed modification is recommended and adopted by OSPHD and DSA-SS as reflected in Section 1614A1.8 to Chapter 16 of the 2007 California Building Code. Furthermore, the SEAOSC Steel Committee supports the proposed modification. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, Including but not limited to the recent 1994 Northridge Earthquake. Considering that certain important and critical buildings and structures must be operational in the event of an emergency, the need to incorporate this rnadification into the code will help to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed '2007 IARUCP Lncal Amendments Page ~_' ni t zoos IBr t zoa7 cec rin~,l Oran- I ulzztu~ ICC LA Basin Chapter • Slrurlural Cude Committee .. - , ..-~. I r. - .- ~... ~ .-., , I.._ CI _, CI' II ._I_I li,l N',. Iii.. fl -. I L.'.i'~_'_! FIt~FISIJ(;4~ I_I1,_.e~ l~C111Ultll:.-1~ ra-,I li llhOnti - Gila illl'.8t@I LII`i fit ll lr'I"`-,fLiJn(I [~('~~:. ~I It_(hall IZ~ ly 111:nSa populated 31ea having buildings am-,trusted aver :~uli Heal ~.I vast array of fault systems capable of pruduculq m;_rpx earthl~ual:as, Including but not limited to the recant 199} PJolthridga Earthquake. This amendment Is required to address end clarity special needs for concrete and masonry construction wdh flexible wood diaphraiim Tha proposed n~lodification to Improve dasn-ln anil cunstruchnn rnetliods fur these type of structures need to be Incorporated into the code to assure that new t,uildixts and adddions to existiut buildings are designed and conslrucaad In accordanr_.e with the scope and nbjeialves of the Inteniational Building Code. r Proposed 2007 LAP.UCP Local Amendments pa,l~ :~a ,.,t 6 2006 IBC 12007 CBC Final Draft 10/~I~/07 ICC LA Basin Chapter • Strurtursl Code Committee r . ~ 1 '-!,_ 't l!'._, `-~_ r.._.'' is ~.:_ ~_ - ,.'-.I, .I_n_ .:~ ~.. ~ i~_~,i Il„'1 i III- CG<i~= ~ it lnll--_ Il~f~ 111 ~1.'!il :_~I thl5 II1dCiV~'I.~~III U\/i_~r-dgil: IR ~ .,l..f?II_:i!IIi~_I 11111.1111IlIllt -~-`ii:;;,_ItfC111 CII^LtlICe i~ettl!a~,t ilfUfn;nCl f!UIICIIn~15 :11.11 11~~ flat tIU~aUC811}' GOlli«_i,led Illy I?Ull~~l~e GI ~;rl ;I1llC - . - - .. _ .. _ _ _ 5e11:11 ~7 tGJn to [U IJelilll`L :I11)r~lnil liJ. IJUII~IInQ ~, UI IJdrIS thelPOf, I~~ Ir~~iUn~~ iii eartil~-lUake gn,lmd rlivh~~n independently and thn=. prec.ludt Ilossihle structural and uull-stiwaural damage c:ause~l by poyIndulq belwcen bl_lildulq. or other structures Raul ell~:e: 1. IBC, 'x'000 Ser.hon 1620.3.6, Building Separations, IBC~UO:; SeC[IOII 1620.45, Eudduu. Separahrnls, 2. "Recommended Lateral Force Requirements and Commentary, -Section C10fS.2.11, Building Separations," Struchnal Engineers Association of California, Sacramento, CA, 199 Edition; 3. CBC 2002 (UBC 1997) Section 163Q9.2, Deternunation of ~~~; Section 1630 10.1, General; and Section 16332.11, Budding Separations. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The seismic separation is necessary to permit adjoining buildings, or ~ parts thereof, to respond to earthquake ground motion independently and preclude possihle structural damage due to pounding between buildings and other structures. The need to incorporate this modrfication into the code will help to assure that new buildings and additions to existing buildings are designed and ronstructed ul accordance with the scope and objectives of the International Building Code. Proposed ?007 LAP.UCP Local Amendments Pagt:~ ~g ~.f rig '006 IBC: / 12007 CBC Final Draft 1riiZ2/07 ICC LA 6asui Chaptar • Structural Code Con~ulldtae i r'. ~ '.!;~_.I_I ~I_'~- I' I ,--,I_ t .i~l-i)1-'1 t a_~~ ii_ i t: _ ~I . I 'I_.". ~~ _ r"1 ~"~Ii1~I:il~~illl~ ~_~` It t_II II /J~'IiS =illU illi_I~211-P~;)i ~ 8. ~31~(I lll': ~d5 dllil (;"i _' V191 ~h1d~llii ilc'~'ll (U h~~ ^lt ~(!Oi-,-it@il 111f0 tit (.iit.I K' f~ tS:'.I-Ifr II-ict 116'V! IJ I_Ill~.~li lll_ 81i C1 ~~.Il}I tip?il:~ 1~ r., I'Stillll 1?,_~Il~ill l~J_ C'U" Ut ~!t lllt~;~ -I1~I Llt.:[7 fl ~_IC[i?il I11 _ .Jilflld(ItJ~ 1+tpl{l Ll l~' St 111 n' :~iUt ~jl ~j!_iltle'S OY fl It Ij i['~:1"(Ydiifglcll t Proposed 2007 LAP,UCP Local Amendmanls p~q,. ~g /,( 2006 IBC / 2007 CBC Rnal Drafl' 1Q1221U7 ICC LA Easin Chafiter • Structural Gode Comnidtee 1 eel. ! ' .c"~. h•~ ~'..~_ i Liii-~_~ 1 ~ :~_`i- ( I 1(. ~' .,q _'',I ~(,'I 8r~ r~l;a5 r ....-:1 li lcl.ra f_fj 'dt ~t Il l;~ll !.r.~11;! dig' ~tl~~` ICi rli~ I~l~y ~)(~~~i~")~.ri_~ II17~~1(ICgil~Jll IIF't~ fV Ln- II1~ ~~d{-~~-tl~;"f (t3i~ Illli_~ (~1~ CuC~~~' (~. L.C;ll i~~ t~1.3( Il'-rl'V ~ii_II~I~C"i~{; ;ii 1~_I ;.u ~UI(liil l'. (~+ ~1:IS(Ifl<{ LJ l11~Clli l(I `; I~r (~PolljllCif lfl~ ~.~lll (IUC(Cli lil 9Gi ~JI ~-lll"~~ lA'Ifh (IlF' Ft Ctf]@ ~h~i r~~l~~, (:(I !~'c: Ol (fl P. ~Il Yi~l~llcl (1011~9~ G ill~l llllC-{ (-.c~16 t Pmpo_;ad 007 LARUCP Local Amendments Page 30 of 62 ZOOf IEG / 2007 CEt% Fuial Draft: 10/23/07 ICC LA Basrn Cha~iier . Struchlral Code. (;nnundtee - - _., - , .IL.1/i;.' ,: 1'rl.".L.i i'':..•'Ir ~:i-..~-t III r_i:-; i .1._I~.)i=~ ~ l)I a-.. ~11~i1 r-,I .. i_j 1 2EiU; i_hi; l~::f= i7 ~3. action iICIq .J of Ur' .>00; r_:. ,tllorni_- ~udcllrlrl Code I". ani~nd~d fn I~:.;il aES ti,llOw'S 17tt4.8 Pile foundation ana' connecting grade beams. Special insper:tirns shall b~~ performed during installation anti testing of pile foundations as requued by Table 1704.8. The approved sods report, required by Section 1802 2, and the document; prepared by the registered design professional in responsible charge shall be used to determine compliance S'Pecral inspections for connarhnq grade beams shall be in accordance rvith SecUnn 17ri4 -t REASONS FOR AMENDMENT/INTERPRETATIONlCLARIFICATION: The grade beams in the pile or caisson supported foundation system are designed to act like concrete beams and not like footings. Section 1704.4 requires concrete beams to have special inspection, but exempts the footings of buildings three stories or less in height. This amendment clanfies that the grade beams that connect piles or caissons are not exempt even though they are part of the foundation system. They are an essential part of the piles/caissons foundation system and should receive the same level of inspection. This amendment is for clarification purpose only. It does not change the intent of the code provisions. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Studies after the Northridge Earthquake revealed that great confusion exist in the field over what is required by the code in the way of special inspection beyond jrist piles and caissons. Grade and tie beams are essential components of a pile/caisson foundation system, especially for how such a system responds to earthquake loads. Special inspection is needed to ensure that construction complies with code requirements. The proposed modification need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2007 LARIJCP Lucal Anrendmenis Pagra 32 ~~( 6:' 2006 IBC / 2007 CBC Final Draft tit/~-107 ICC LA Basin Chapter • Slruclural Code Committee .'lli J. ;__~.- -'.I .~(_iF i_i=~_ r:i=lil•_+i'•i/;I_ i ii':ii-. -, r`i~i~ i_.l'll_1F r'i':~_ ' ,-'%'~.i. ii_!`..'1 i• F.. ~t V'dl~icu so de~gp~~t~,d L,y the r gi=I.=-red ~+~~sn_p~i pi~>f~s~'.iorr-;I i.: re~'fn,rG.ii_~;~ rli=u~i,:• ~,f ti,c~ ~ i;~.agri 5 When surf ob~:~~rvatmn IS sl.n,cifically reipured I~,y th9 butlrluiq offii;ial REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: In Section 1709.1 and 1709.2 of the Calrfornia Building Corte, the owner can employ any registered design professional, incluchng but not lunited to the registered design lrofessional in responsible charge for the structural design, to perform structural observation. However, only the registered design professional in responsible charge for the strrrchiral design has thorough knowledge of the building he/she designed. By requiring the registered design professional in responsible charge for the structural design to observe the actual construction, the quality will greatly be increased. FINDINGS: Local Topographical and Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area havu)g buildrngs constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. This local amendment expands the California Butldrng Corte requirements for structural observation of the construction of certain types of buildrngs by the registered design professional in responsible charge for the structural design. One of the significant problems discovered from the studies after the Northridge Earthquake was the extent of poor quality rn construction, especially for wood frame buildings. By requiring that the registered design professional in responsible charge for the structural design observe the actual construction to ensure acceptable standards of workmanship, the qualdy will he greatly increased. The proposed modification need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2007 LAP,UCF Local Amendments Fa~)c 31 ..r 62 2006 IBC / 2007 CBC Final Uia(I. 10/~~!U7 ICC LA Basin Chapter • Stnirlural Code Committee i ~ i_'':,; if,-i_I_, i-~_t.•!'~i`JE`,L_•._lilli' I:f`:'l fi'= i-:=' ,' ;F:i_ii_I'i Section 1805 4 '~ of tli~ "tlU7 -~diionua C~wlduni C•c,~ie f; nai~~b, ~Ir•Ictacl an_1 n=I,L<~cecl ~.nath ilir pllraS~ "h~~loi adi~f~t" Section 1805 4 Ci of the ~OOI Califomia Budduxl Code iS hereby deleded and replaced with the phrase "Not adopC. Section 1805.5 of the 2007 California Building Coi1e is hereby deleted u i their entirely Section 1805.5 is added to read as follows: 1805.5 Foundation walls. Concrete and masonry foundation walls shall he desiilned rn accordance with Chapter 19 a 29. REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: Wood foundations without proper protection have proven to be ineffective in supporting structures and buildings due to deterioration caused by presence of water in the soil as well as other material detrimental to wood foundations. Wood retaining walls, when they are not properly treated and protected against deterioration, have performed very poorly and have led to slope failures. Most contractors are typically accustomed to construction in dry weather in the Southern California region and are not generally familiar with the necessary precautions t and treatment of wood that makes it suitable for wet applications With the higher seismic demand placed on buildings and structures in this region, coupled with the dryer weather conditions here as oppose to the northern and eastern part of the country, it is deemed necessary to -take precautionary steps to reduce or eliminate potential problems that may result by following prescriptive design provision that does not take into consideration the surround environment. It was important that the benefit and expertise of a registered design professional be obtained to properly analysis the structure and takes these issues alto consideration. FINDINGS: Local Climatic and Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Due to local climatic and geologic conditions of Southern California, this region is especially susceptible to more active termite activity and wood attacking insects and microorganisms. The proposed modification to prohibit the use of wood for foundation support or retaining earth lateral pressure as well as limit prescriptive design provisions need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2007 LARUCP Lorca) Amendments Page 36 of 62 2006 IBC / ?007 CBC Final Graft 10/'~~'/07 ICC LA Basin Chapter • SUUCtural Gods Conunitlee _ Ii: ~~_. =~_i_~: i~.l .... . ~; :-L I •II UI~:HI t_ 'i '~= t I'1~. .'-1,:i (i ~i?I Il.-'I :~ it l~ / ;1 - - REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: Section 14.8 was introduced in ACI 3'18 X19 based on requirements vl lha Undorni Building Code and experimental research and on the basis that design of slender wall must satisfy both strength and serviceabihly regwrements. ACI 318-05 provision was found to grossly under- estirnale service load defler_.tion This update reduces the chtferances in serviceability provisions The revision will essentially replace equations (14-8) and (14 J) wrth two new equations to reflect the UBC procedure for service load out-of-pane deflection The proposed revision will be included in ACI 318-118. FINDINGS: Local Geological Conditions -The greater Los Angeles/Cony Beach region is a densely populated area having buddu~ys constructed over and near a vast array of fault systems capable of producing major earthquakes, includuig but not lirniled to the recent 1994 Northridge Earthquake. The proposed modification to ensure that the design of slender wall must satisfy both strength and serviceability requirements need to be incorporated into the t code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2007 LARU~ :P Local Aniendrnents Page :; ; of f;',' 2006 IBC / 2007 CBC Final Drag 10/'22/07 ICC LA Basin Chapter • Struchtral Code Cmm~ullce ') =.=1 r I•_ _ ~ i~. ,~_ i - ~-~i _ ~I ~:- I Tai '.~~ il_=-I'~~ ~~I-'i i. III -i~CilllOli I ~L`_. ~3111~I~(iI IICIII ~-_((ir_.:_ i-i\/F-E irC~l~il III'' Lfl-I_: ,i CII l -II -f_iiL.`•IUl-I i(q ,i 1~- I-ir ;IOII C!I C ,n~'i E.`tt' `hl. ~!! VVaII`• IL eS iHllti-,ily lit ,tits til~ IIS1' iJf \ _'-I ~,~ till-Il lly ~-tf~~Aht IV~I _ICC! i~r:=113 III fl Pin<I IiCli_lile'~t I11 tll ;i:IJlIIfC It;21~ I~c•I:'•tirill yAtelll, Silp=~ th~lr Ictllrl{H ~:ijrllr~ 111v/~' i'.flt ?tVUI)hN r~l=Ca pn flip 1-~Llllrilnrl Furthermore, thisamendrnent was incorporated ui the code IlasaJ on observations fruni Northndge earUxluake Rebar placed ui a very thin concrete topping sLb in z:onie uistances popped out of fire slab clue to insufflcrant conaete coverage The niodr6cation ensures that critical I_,ouridary and collector rebais are placeit rn sufficierdly third: slab ti, prevent buckling of such reuiforcement. FINDINGS: Local Geological Conditions -The greater Los Angeles/Cony Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed rn accordance with the scope and objectives of the International Building Code. Proposed 2007 LARUCP Local Amendments pa,_r, q0 ~,{ 62 2006 IBC. / 2007 CBC Final Draft t0/12i07 ICC LF Basin Chapter o Structural Coda Cummittae I-.~_E,.tii E :~!-UC =.k'~~f=f C~F~yiEh~?lit:i~eZl-t~~1~^.;ti~~~t,_-t_F'~,I~it-r,~~SE_tJf~: l ill ~ I n~al -IIl?IlCl illrnl C .III o T~.IIV?Id rhr-'' pf~•VlQ'i5 I I)~1 a!i~i ~1)~I~_ L%-~F(I (~;: (-r ,-II IIBIIdil lt?Ilt i'"~ I-8ii i_llla minlmUlll rUllt0l CFiIt_`nt In +;UUtIIlUOU~~ t~~'~hn~-iS. tll@I C~?1 'ii lr it r.SSln~~ tit ~` firUiJICl11 OI j)4~q" ti~.~i:~rnL+n.,6 Oi hialr: ~+r Utlt11'r-I ailffaiC@d 1<iirtlni!`; ~1t11111i7 a ~rltilillC ?V~.nt. Ilu> ;lnll;IlClfn~[')lt rttlrcts [ha rccumm~ndation~: I.ry the Structural Er~gu~Nrrs P,~ ,ociatlon of Coufherli Crdfixnia -• - tbEAOSt;) and iha Los ,~ngeles C:Ity Tnsl: Fvi~c tl-iat uwe,tigated the poor pertrnrnalic;e uliseivarl in 1994 Northridge Eartku:µiake. Fwnlnirs• Local Geolagu,al Conditions -The greater Los Angeles/Long Beach region is a densely populated area havu~y buildings constructed over and Haar a vast array of fault systems capable of produriny major earthquakes, including but not limited to the recent 1994 Northridge Eaithguake. The proposed modification that adrJresses tha problem of poor performance of plain or under-reinforced footings Bunny a seismic event need to be incorporated into the code to assure that new buildings and additions to existing buildings ara designed and constructed in accordance with the scope and objectives of the International Building Code. ~. Proposed 2007 LARUCP Local Amendment, P:[np~ a2 ~~f 6?_ 200ii IBC / 2007 CBC Final Drah~ 7012:%/07 Il.l. LA basin Chapter • Stnlckiral Cr„fie Cornmlltea _ill. f_~.. d;~._~'-! _.-. i'i :: ~1 •: '! (_ i~ '~_I!-C !'~ i.'i %;_ )~il.l., L.i ii__!.! ~_!~•'I v arerl-i f;Id V, (-' ;'Ii.fL ~lilll~l_I IL, fdl-l7 ~ ~~n _I i-i~lah~Ull, F'.-I_?I1.; ~•:i~ll~tllli, ~ r'>Ijrill ti;- q r_,4lCeflin~ all ~/ Br: n,r Jli:el Fr_iil ~'j 1\18i7e 14~11ii IP4f~irn tUlBr NUIiUN~ E~rdianq iV~_nllJrr2'. "~,I~lUl n:li of -stn_ictural EnUirn_enng I~~r i i='i. 11` ~r;-IG36 6 Urr, P., ±nd Mahiil, S.A il)I;d "Swsmic P~rtorm~;n<< y,se~ment of Coneentncally 6 aced Steel Frames " F'rv.eedings of th~~ 13th ~Norld Lonferance on Earthquake Eneirnr'errng FINDINGS: Local Geological Conddions - ThE' greater Los Angeles/Lon~1 Beach region is a densely populated area having buddulgs constructed over and near a vast array of fault systanrs capable of priiducrny nralor aarthgr_rakes, uuauding but not Invited to the recent 1991 Northridge Earthquake. Recent test studies reyarduiy rectangular and square hrare frame members need to Lie incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with lire scope and objectives of the International Budding Code. r Proposed 11007 LARUCP Local Amendn,enrs Page 44 of t~'2 2006 IBC / 2007 CBi= Final Drag: 10/'2/07 ICC LA Basin Chapter • titruclural Cude Commdtee ~. I ,.. ,~_ Y- ~-. ri._ li:".~ i~ l i-~_'; .I _'L'1.- I /t_-.I-, 9 (~-~~.h'~..J'.i-I t_I~ L~ ~: tPJfl~. 1M~IIC;~I ~=t5 it ii - I_I-~= V~ ~.L'i L:Iv r1 ,Itl:'iilr=~ Ill tll c' i•~Vft-1ilC~-)_` E.il i!i'~I1'1 f~: ~:, In'e (1 U:i IIC IIIGUf~~ ~1-11~3~1 1llu~ UIF~ <Oih' U: ;.15: 11f~. Yh31 I-tEl1~ hLIII~}II ELI`; 811!I B~ICII~I~g15 IV ??I~IIfIC) IJIIIIt IIU~~S 811 11~51'~}r~ i~ =:Ilii i i_i~ill:`LHII III nil A~i,3ili; E' U~Jl tll i~nl ~ ~I~lt- .?(Il~ O~if~CU /~:i Oi t~lr' ~Ilfi_~I ll Ll tl(ll id~ Lil.II~i:~lilC~ L_;~%C~ t Proposed 2007 LARUCF Locel Amendments Page- 413 ~ ~f G2 ,. "006 IBC / 2007 CoC Rnal Drali 1 U,~ '107 ICC LA Basul Chapter • Structural Grn1e Cemmlttee .i r.'CI~_ - ~ ~i_-~. lr.,,i- I- I -'If :, t. )L'l" ~ I- 1 '1_-.N I'I tl-.-. - i r i ,! iv, .. It ~-I Ir ~ - ~ (~ri !i ! r rl l~< _t-!iJ/ ~l.lh ._r-i~. i- ~~S-U.i, betll_.I ._. _-- I.' L- "". I__i L _.II"i~,l ~< ._ ~ r11 l._:-111iC1il ll2 Ei Ull~illl:=; f U I t.; lC! I. ,.i di: i1111Crb';!_.. 2305.3.92 Qualitt/ of fJai/s lt•1echanrc._,llf! dnv~=!n nails used m In/oorJ struchrr~i u•rnel shear walls shall meet the same dimensions ;~:~ that naowred for hams-drven nar)s, nuaudinir drainater, minunum length and minunum head cdamalar: No cainpad heat! or box Wads pernuftad in n~°w ccursfructron The allow/able desic/n vahre for clihF~er1 head nails rn existing construction may be taken at no more than the Wart-head-area ratio of that of the ::awe size hand-driven nails. REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: The amendment ronUnues the application of exis4ny LARUCP amendment LARUCP 23-7 The word "tolerances" is too broad a term It is to be replaced with "dimensions", induduig diameter, minimum length and minimum head diameter. The overdriving of nails into the structural wood panel still remains a concern when pneumatic nail guns are used for shear wall nailing. Box nails were observed to cause massive and multiple failures of the typical 3/8-inch thick plywood during the IJorthndye Earthquake. The use of clipped heart nails continues to be restncted from being used in shear wall panels where the mirnmum nail head size must be maintained in order to muiimize nails from pulling c through sheathing matenals. Clipped or mechanically driven nails used in shear wall construction were found to perfiorm much less in previous wood shear wall panel testing done at UCI. The existing test results indicated that, under cyclic loading, the shear panels were less energy absorbent and less ductile. The panels reached ultimate load capacity and Failed at substantially less lateral deflection than those using same size hand driven nails. FINDINGS: Local Geological Conditions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not linuted to the recent 1994 Northridge Earthquake. The proposed modification to require mechanically driven nails to have the same dimension as hand driven nail resulting in improve quality of construction and performance of shear wall panels need io be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed :_007 LAF.UCP Loral Amendments Page dri of G7_ 2006 IBC !L007 CBC Final Draft 10/23/07 ICC. LA Basin CPiapiar e Structural Code Comnuttee T N L .~ .~ a _~ _~ L N O7 Q U m N O m (6 0 C (~ O ~ a c6 U O ~ O -p N ~ ~a s~ .- cc •.- In M (h ~~ O O (`) c~ N N N N 9 ~ ~ F ~ I i ~ - _ ~ ( ~! , ; I l ~ i; ~ i ; I ~ I I i i ! ! I I i I T ~ I ,., .. [•] ° i G I ~I ~~I 1 1 11 II I ~~ I ~-I I I -~! ~. I • I ~I ;- I ~ f , .;.I _ <<i .~ C. ~, u Cl L = ~ V I a = !7 11 y .v 1 ' ~ -_ -_ - - -- -_ ° m E _ - - _- w i' ~ ° m _ V iv m ~ O ° °' '° J m a N CJ _ ~ , , C U _ ° ' N s ~ I ° I YI ~ I ~I I a~~l I~f ~.I ° ~I ~ I I ~ ~I Y I JI 1 ' )I °-I ° I 1 ~ < ~ . ~ . - .1 .1 C d U O 3 O " I ~ ° N C ~ d LL ] C O C Z O U N d a y N d G ISi G 1° p O G O O V O N l O N ) J J E d N' N I f I m I I I I I I I I I C! I C CI I ~ D T y l0 (O !~ 4] `Y R T N ~ Yl D aO IC/ D 1'- I 4J d W d ~ L IG = d m C A ~ N _ ? ~ _ I °I ~I TI a°I °I (GI ~'I ~,I ~I "I I I I I I ~i I I l DI 11 „ N N O C . T T ~ N IN Y ~ ~ w 1. a t o n a 1O y Q U V r/1 a Q C .. '° d N ~ N ~ N q U t N C d U y~ U S 41 d Y N d VI N IOI O ~I O QI O (OI O GI Y) NI G u]I ] NI G VaI O a0I O ~ O NI O tpI -1 Q a$I O pI a ]I G o)I a0 NI O JI U U N A V ~ N '0 d U ! (7 •t R T N CI N N N C1 C'i ('] > T (7 T T 7 YI -_ O C m d ~ O m d d d aJ V' a N aDl d bl !J I ~ I ~ I O I N I ~ I ~ I V) I a) I I T ~ (~ I a0 I ] I ~ I O I O~ I C! I N i •D I N ~ ~I CJ N N N ~ ~ ~ N ,J N CJ N N N N C1 C) O m ~ LL (7 rn ~ ~_ Z Q [7w Z V. W ~ ~' ~ N W N = Q ~ K m Z O J ~I Q Q ~ d V NI r,l NI n,l CJI •`II NI C,I CJI ~A CJI a'+1 NI C)1 CJI o)I NI NI aVl ml Z LL 1 W Z ~ ~ LL ~ Q Q ~ O ~ z a m N ~ I I ZI C ~ ~ O) MI ('II Y, IVI ` ' Q N~ OI ~ Y, NI T Z Q IU V 11 n a ~ O V r z f7 w ~ z ~ l a ~ ~ ~ `I I I ~I (` I JI I ~ W ~ ° f ~ ~ f n> LL c - C Q ~ LL W Z a z w ^ O N _ 1 C) ~ 1 1 ) l J `- ~ ~ N C) ~ 'Y ~ ~ ~ l f ~ 1 ) N C) V a ~ C, ~ { T ~ ~ O U Z cl 'r, o o° ~a o of o cl n ~ ~° w _~ u ~ 'O m G ~ij (~ - i o c - a m c - ` d n ~ w Z ~ a ° ~ 1O ~~ ~ w Q 2 m ` d i n m C9 v ~ oS a N ~ j O i,j O N ~ G m ~ l0 ~ Q N C~ ID L C O m U ~ m ~ ~ C O ~ U Q m ~ U !~ O ~ J a `n ~ U u`, 2 m ~ g~ ,_o~, J O C rl rl N .m NU R7 N ~ .Z p G aC.I U tr ._i-~i~./ I_: i~ I.!1_-_'. ! = I.~ _'. ' I;:.I_ I II II-:. ; :I~I ~iJ~_ :• 71.1•..' ~ II ~.. - i..l- j -iij- "11-II. ~,~~111~-1111: t :?1111?fl i1: I_il ;Ili"~II1~ ~:UI!~'I:.I .~ij ~'y'cji .I~-le~_j III I~' VI;7!i ~:'~,;' Ta1111=.:'c':OG a ~ IS added to ri£I~i :35 (olhrvlls~ TABLE 2306 3.'? PANEL DOUGI AS FIR-LARCH OR SOIITHFRN PINT' FOR WIND OR SEISMIC I OA BLOC!<ED DIAPHRA+3R1S MINIMUM NOMINAL Cases 1 and 2d WIDTH OF Fastener 5(~acmg Pcr Line at Boundar es FRAMING inches MINIMUM MINIMUM MEMBERS AI ADJOINING 4 2-112 FASTENER NOMINAL PANEL EDGES Fastener Snacuw Per Lme at Othe Panel PENETRATION PANEL AND Edges lmchesl PANEL COMMON IN FRAMING THICKNESS BOUNDARIES LINES OF GRADE` NAIL SIZE inches Inch inches _FASTENERS 6 ~ ~ 3 3 605 815 A75 1150 5/111 4 2 70U 915 111115 1290 4 7 875 1=?0 12P5 1395 3 _ Ii70 NAfI !755 1256 Struclurall Grades U)d common Halls 1-1/Z 3/e 4 7UU 9'70 1110 IJ41i a 3 s~5 1~2o wo5 190 3 7.Ti1 956 1050 13!i5 I5l32 4 2 855 1070 1210 1565 •1 1 1050 1430 157-5 i80U 3 525 7^_5 755 1010 15/32 a 6n6 815 875 1105 Sheathing. ~ 4 3 765 1085 1130 1195 single floor 3 2 650 and other - 8c;0 9:~5 - 72'h rq adY.$ d 10d aimmon Halls 1-1 /~ 19/:32 4 2 - 755 965 IOP,O 1370 covere m DOC PS7 4 ~ 375 19U 1:iG5 14Y,5 and PS2 3 710 935 1020 1335 23/32 4 L'25 1050 1175 1aJ5 4 3 1020 14UU 1480 1556 For SI 1 inch = 25 4 mm, I pound per fool = 14 5539 N/m a Fur framing of other speues (1 J Flnd speufic grav!ty for species of lumber m AFBPA NDS (;t}-F~sfaple~-hod-e,h..ar-oaWe-kam-labk ..e .., ti • a2 r~... p.. r per Ye(-0 2-PF g[6 nEFS(fEQar`~,,.•=~,at.ral-yrad"T°~^~'^~^~i^~i~~-s .,S-w11h ,I wl -0 3t~3FBr 9-Fi5-feFa71.3tfvrecspeews (3) For nails hod shear value from table above for natl size fur actual grade and mlJhply valua by (he (ollowlny adlustmen( farlor Specific Gravity Adlustinent FacWr = II-(0 SSG)), where SG = Sperdr. Gravity of the framing lumber Tlus aJluslment factor shall not be greater than I b Fastening along inlennwilale framing members Space fasteners maximum 12 inches nn center, except 6 inches on cwttar (or spare greater than 32 mrhes Panels cunfonnmg to PS1 or PS 2 d This fable gives shear values for Cases I and 2 as shown m Table 2306 :3 1 The values shown are applicable to Cases 3, 4, 5 and G as shown m Table 23063 1, provldiny fasteners at all continuous panels edges are spaced m accordance with the bnurnJary fastener spacing e The minimum nominal depth of framung members shall be 3 inches nonunal The nnmmum nominal width of (ram!ny membe ,nut located al boundaries or adjominy panel edge; shall be 2 Inches I Sh3ples-shalChave-a-m+nunum-cn3wn~w,illye(aJ7f_,-unhand-alssll-baans6alled-wdh-their-er.N+ws-paralleF-Hi-Bie+~tiim:wuen-oNpe kamiraymembers- 7Jr,r adonred y High load dlaphraynts shall be subject to special mspeconn in accordance wnh Seclwn 1704 5 1 h Fnr shear loads of normal or permanent IoaJ duralwn as Refined by the AFF,pA NDS, the vrdues ui ih~. I,IbL~ abocc: ..=shall be nxJhl,hed by 0 ti's or 0 5G. rae;pecllvely tr Proposed `[007 LARUCP Loral Anlendrnenls Paga 5L of t~~ 20061BC/~007 CBC Final Draft 10/22/07 ICC LA Basin Chapter • Structural Corte Committee . ri'Jr L'-l; ~I'='.-! C -.C'.'I I. -„_ _ I~ _~i\I• .. ;i ,~' .i L-j-: iNY ~ '.. .ll.. I-~I 1'ni `~I lnro.li=.1'~Imu L~cJ ~=~'~,r~:u;~l l~~,urnl iii ~l fn.:l=ii ':.~,"IJnn i roi IraoN l . all e~ Lq I •> (1) rlua I -,;rLc ~p.r•II/ fa spe r :: c.l lunlbrl ut i.Pta'A IJIi j.il~r~er i, I'. ~:-lu":- D:.-•=':~luP$cn!abl•_ dlt lVe-f. „_cdi:._!ua -I~~ 'I I:.{re,gan.,l-,-v zi,.. n:+ ii_.JN)-dn.a-IN. b .I'{-'i,dliai„-il' ~'-li,r-. i ]•: ~q,~fli-~ w.^: ~f'd..q, I - .--ni.:.aWF.~.n U~l S.I.+~:,ll r II ,I-s{rr«.o_z Cll I-VI n:IIL and Si u'm 'aloe Gann 1£I I- il ovr ful ntd '.r~. Ln a Il nl grade earl muillpl} •.du, b1 Ilse rniknvwg ad(u:amanl r3 a'r 3•perlG-Gratify Pdµraurrvl Paior=tl-(u°--I'll, uhr;n'-~_ _p~'oic Gl;+vlly of llr~: Gamurq lullllP•I Ilo•:alµr,lntcni faQnl .hall nrA L~- gl~_~Jm Ilrln D Panel ed•I-: I acted tvrlh ~'-Iru:h noun:ed nr cadcr Ihrci:er Irsnuuq Insinll I .IrzL ~-nhi Itolr?•ntlaliy or vrmrelly Space lulenca~. m~.u nom r. ctrl-n'.< ~m : enL-r aloe l,) ml.}imm~r.?ta franca lg nu~uth :_ Inr 3/R-ut-.h mtd 1114 Iro~h panr_•IS Iii Itllerl on ziu J- apace) .1 mcl e::: on center F.rt oilier umdihnns an,l I fuel Ihlcr:nes I. ~~'e ta•,I -nets nla:;unuln i? m~;hcs on cenlul ini ndcl nledla(e 5upp~?ns c 318-ugh panel II II ,Lr ea -r sldll i~;l walh a span lalun~ of 16 mebc , ull wnic•I IS Ih•> Inullnlum n,conu n~rJc~'I wh: re al pll-d dlleel lu Iraunmq s eclcnrn :adlml d Allowable shr~:u value:; ar penrrdled k. ba rnrrea. _~I In values •:hnwn for 15/J' Inds sheall ling vnlh same n_grling Inovrd~~d (a) studs are spa s'j a nnmm~m of IL m'h 35 on reuicl, crt 11!) ran Is art- rlpphad wdh Iona Flu nausron ~ r s: rinds e Ftannng al adlolnlltg p'tnrl edyES shill lie 3 inches nominal or w/ler fhrcl. rr, and hall- :hall br• sl iygered whale naL are spaced 2 mrhr,•s on ielVer f Ralnmy al adloiwny panel edgr.s shall he 3 indoor nomutal or wrJ~-r IhrcAar, and ictd; shall be Slagyn_rerJ where holly of the (ollawmg condrlrons are met (J) 10d (:S"a0 148") nails having p.--neirahan Into rranung nl moo: Ihnn i-Il2 unaws :and 1~) nails ^re spaced 31nrhis on Gomel g Values apply to all-veneer plywood Thickness. ai pond of faslenmg on panel edges governs shear values h Where panels applied or t lh Itn;s or a wall and rail spa;ing r. I?ss than f m ho; n c on either side, paro~l luutls sllall ba orkrl V, fall on dlflerenl framing members. or training shall bo 3-Inch nonunal ur Ihlcker al ad(ommg panel odyes and nark on each stile shall he staggered I In Seismic Desrgn Calegary O, E or F, where Shear design values eaGeed 35U pounds per linear Fool, all franunq ntemhers rerarvrng edgy nailing from abuUing panels shall not b? less Ihnn a single 3-tech nominal member, or two '-inch nominal members lasiened Iogulher In act o~rdnnee wdh Section _3UG I to Iranslor the design shear value bclwnen frannng members Wood slnuaural panoi lolnl and sill plate nailing shall be slaygered m all cases lee Section 21rJ5 3 I 1 for sill plate size and anchorage reyurremenk I Galvanized nails shall be lint dipped or fumbled 4: alaples-shall-tt.'we-a-rnrnrnwm-6rawn~nwjth~7JT+~-rn~h-and-shell-7».~mslalladlvllp-lheir-irEtwas}wuallel-Mahe-I.irHg ~lrmensx3n~if-dhe framrngatemt+ers Nef adnoted I Fur shear load; of non nal or pel'nt.aro~nt load duraln>n as defined by the AFY.PA tJGS, (lie values m the labl.-• above sl iall be mrdhpllyd L`i U 63 or V 58, resperhvely tr m (OSA-SS R OSHFD 1. 2 and 4J R•s/cr fo .Section 2305 ? 4 ?, whn.h rr•quue;: any wood su uchual panel ::ha3(lung ua°.Y for diaphraynls and shear calls that are part o(tha ;a::mrc-force-r•ssbng systom to be applied doeclly to (taming rnemtrers. n The maumum allowafile shear value Inr three-r+ly nlVlvood resis6ng sasmrc r~?rce5 rs 200 noun~l_ oer (out (2 92 Arvnq REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: This local amendment puts additional restrictions on the design of wood structural panel diaphragms and shear walls. The amendment continues the application of the previous 1999 and '2002 LARUCP 23-3 amendment by allowuig shear value capacities based on testing only and not calculations alone. By deleting the words that allow calculation of shear wall values, it will no longer be possible to circumvent the reductions in allowable shear capacities established in the Table- This local amendment carries forward the previous LARUCP amendment to limit the maximum shear capacity for 3-ply plywood along with requiring greater edge distance for nails in shear walls resisting high loads, thereby addressing the problem of nails pulling out of the edges of the plywood under seismic loading. This amendment reFlects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force that investigated the poor performance observed in 1994 Northridge Earthquake. Furthermore, the cities and county of the Los Angeles region leas taken extra measures to maintain the structural integrity of the framing of the shear walls when designed for high levels of seismic loads by requiring wood sheathing be applied directly over framing members, thereby prohibiting the use of the second portion of Table 2306.4.1, which provides allowable values for panels placed over gypsum sheathing This amendment is intended to prevent the undesirable performance of nails when gypsum board softens due to cyclic earthrluake displacements and the nail ultunately does not have any engagement in a solid material within the thickness of the gypsum board. Proposed `0007 LARUCP Loral Amendments Page 5a ~ rf 2(106 16C / 007 CBC Final Drat. 10l~Y/07 ICC LN Basin Chapter e Stnlctural Code. Committee . 1- ~_ _ ~i..~..1_~~..; r'i -_,i~ ,j.i~" I_ili _11:~,'! ._.r .~i'. I:~ II- ,a. -~I'I .[.UU'(' L..='il:~i i..; I-~ _~:~-~J :~B(.li(;II ..C';~I _i '+. Gi tf lC' ~i.)i~i ~' t:: lllli>I111;-i 1=~LII~lilil CJ i._. rril(= C; all~~ndt]Ci tG la:~ll a:.; IOIIOVVS' 230G4.5 Shear walls sheathed with other rftaferiats. Shear wall capacifiNs fur walls sheathed with lath, plaster or gypsum board shall be in accordance with Table 23uti.4.5. Shear walls sheathed with lath, plaster or gypsum hoard shall be constructed in accordance with Chapter ~5 and Sectiun 23Cit;.4.5.1. Walls rasisUng seismic for-xis shall be subject to the hmilahons in Serhon 12 2 1 of ASCE ~. The allowahle shear values shntvn rn Table 2306 4. fvr material ur Category 1 rs limited to 90 pound per foot (1 31 kN/m) nraterrals rn Category 2 thru 4 are Irrnited to 30 pound per foot (438 N/nU. Shear walls sheathed with lath plaster or gypsum hoard shall not be usac/ below the top level in a multi-level hudcling Shear walls sheathed wrth other materials using staples as fasteners shalt not be permitted for structures assigned to Seismic Desrgn Cafegory D, E, or F. Exception: Staples may be used (or shear walls sheathed with other materials when the allowable shear values are substantiated by cyclic testing and approved by the building official. Proposed 2007 LARIJCP Local Amendments Page SG .,f 6_' 2006 IBC / 2007 CBC Rnal Draft 10IL7/U7 ICC LA Basin Chapter • Structural Cnde Conund(ee ,. i_1.i _ _._ ~ _ ~. I_. I LI,- ._ _ I i , f :L/:' t ~ Ji '.'I 1~. %+,I .. I_' _ ~. I. ,,I ,. is-. b: 1, '.~ci~irni a. _ui. r., L:p .:: ~~I L„Il~r,i~ IL-. ... -ii ~rl iJ,,: !..rna lo'laat-f°~l.ir c,u ~I Irull._:I ...I i ..:.I iI II.'I Juil~in:.I9n. I~ Ii-dlr.. Iii:ni llr".I.r. IG-Y (iuurvi r.I n. fticw. dl -n=.. _.: n,_I..~~:~nl~~~l b, ~.uL-.alai r' I IL~• L.J 1 I ' Y a ur. L ~nnl G1 ~ i ~ i10'-[: 11 ,~nn-l I Ilnd, II I ..I eL~•v~ :,Ina I In I; I- IN II Ir 11 I VI ," °1' :.'-~~ .- Ir,I yiil-~/G -OI1~I_llo..c.':.rl u.n15. .I ,~01 1~rol,~~rtle, of ~. -,Hitt nmh., . r,= r+.'4Tfv1 i.: W C =alq as I I_J,:he:~r ,I I ..Ile br ad ..n mi: un~IU~ h.mml,lI' Ibin~~ of II Iw In.°> on ~: ~n let 1 Ida•nuunl O:.:Inu nl 51 i.«.II I~I:d SI Indtw:. ..n ~vu1wl q KII 'IL: ar 1 I 'I':C~a, rn~ I Iqo frill-nut I Iz. pron icd aI ;III ~.i q-Ir,I i~. :Ind all p in I -J~.pr: L Rril Ilnmb r d. nale5 fa-l ncr Spaang al Ilse adges lei olid uwrb i 1~'unlr,, fadrne r apm:~pq a! nllol ul2Jldla, Iranllf A mCnlLCi:. i ~rtr'.w5 ale Tyye W of `, - 1 £!al?L~s~.halla-ave~a-e nalnxm~owwa-w~Ah-.:.1=idJ+i.w:.l lvrl:.~~I~~ir., i~ulsl.J-lpalegs-alp.Ir.ll:dlkwaslall,_Jia~IkNhaIF"r~~ns-Iy rall~a.(~-lfl~. MNi~J-dlillH~sleia ~I-Ilia fralullar}me~aL+~~ N.V z~claplprl I. 'atn}aI:K-fi,l-flie-a11at.I~~w...F+if~JyF~++h+-Ina11~~~A+u;'+ei++wa«J.alp3l+all-1tiw:z ~InlliiNlHlri~IOwi~~.iMN-v(~'.".-+aeN-n+e:.SUU-T~nilsi!fe-11«-1ags- nnl adopted I Thi: con:.gu~-Unn a+all not b,r usrJ Ge6am ilia lop lets:-0nl woos.-l i~,+Leh uchon ui .a nuAb-lcvol butlA+~_ REASONS FOR AMENDMENT/INTERPRETATION/CLARIFICATION: This amendment is consistent with the previous 1999 and 2002 LARUCP 25-2 amendment adopted by the titles and county of the Los Angeles region that reduced allowable shear values Due to the high geologic activities in the Southern California area and the expected higher level of performance on buildings and structures, this local amendment continues to reduce the allowable shear values for shear walls sheathed with lath, plaster or gypsum board. The poor performance of such shear walls sheathed with other materials in the 1994 Northridge Earthquake was investigated by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force. The cdies and county of the Los Angeles region has taken extra measures to maintain the structural integrity of the framing of ry the shear walls when designed for high levels of seismic loads. In September 2007, limited cyclic testing data was provided to the structural code commdtee showing that stapled wood structural shear panels do not exhibit the same behavior as the nailed wood structural shear panels. As a matter of fact, the test results of the stapled wood structural shear panels appeared much lower in strength and drift than the nailed wood structural shear panel test results Therefore, the use of staples as fasteners for shear walls sheathed with other materials shall not be permitted without being substantiated by cyclic testing. FINDINGS: Local Geological Conddions -The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. The proposed modification need to be incorporated into the code to assure that new buildings and additions to ewsting buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. Proposed 2007 LARUCP Loral Amendn u:n is F::n_p; !;r; ..I +i2 2006 IBC / 2007 CBC Rnal Draft 1U/~"/ill ICC LA Basin Chapter. Structural Code iominlfte~~ 6t?iq,le-'v<~;II .'t .,r,b,:) ., ?,;CI-It I lht c s:!-r ~ _'I •r? ' ter„-II=~ I r'i--It"ui~-l-;licit-hr. r,~t7l~ar,-tth, ~t+Jry-fr-,~'trl:krt3:. ~-Hf-11;1> :.c;_tlCarc-;~u,a-.P,~L-h:~-it;d~~J-~t~-+w~+ulfu~-i~r-[at~rrJ,a~.~ll-IihaS-In c"1 ~,,G"i Ic;l?r=.t'-\'~/~tll-~el-lr,-=i(J~-1~.~~~'~lh,?I+-'-Ii=it,?n~=;1-1.if~d~~!.l~~NaII~i1-1F~ti-k:,~=:~=:1?I-1N[IiFJI I{-~1T:a{i{H~li:=+ll:; taranrir+t?~r~-I~eli,a~.-tll-!en,~l4 :~f parallel a;.:trrical~i+itrpti~-w;ill-4±r~rlj«j-sl~ll-I»ena-artFl-one-half t+~=~r:s-tlle--lena~rr~rir++i~d-~ablc~ir)°~-`A'mere-tkiy-srat~f~le-watt-she;ag-t~},e-I~se<f-is ~~{,~-W-and-tlils-.irliartl~inal-langtt3-of-I~r~.ting-cal?{tat-l-~e-pr+3v1<led-th;~ait~a+;+t~-of -T-yt?e-~-1A/ sltea[ttNx~-shatN~wl>~aod-k±y-r~+ktsing-t+ir-s{aa:=i+tg-ef fashut«vs-alortctth~rlntet~-i~f~act? pipe-af-sheatt>altd-il~~lnshc-s-(-}{a~mrn-)-o=e= Braced wall panel construction types shall not be mixed wither a braced wall Irne Braced wall panels raqurred bV Sectnn 2.308 92.4 may he e6nunated when all of the fo!/owrnq requirements are nret~ 1. One story detached Group U occupancies not more than 25 feet in depth or length. 2. The roof and three enclosing walls are solid sheathed with '~_-rnch nominal thickness wood structural panels with 8d cornrnon Wads placed 3/8 arches from navel edges and spaced not more than 6 inches on center alofrq all panel edges and 92 inches on center along intermediate framing members. Wall openings for doors or windows are nennitted provided a minimum 4 foot wide wood structural braced panel with minimum height to length ratio of t 2 to 1 is provided at each end of the wall line and that the wall line he sheathed for 50% of its length 2308.12.5 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.12.4 or Table 2304.9.1. Wall sheathing shall not be attached to framing rnentbers by adhesives. All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with frarning clips (18 gauge minimum) spaced at maximum 24 inches (6096 nun) on center with four 8d nails per leg (""total eight 8d Warts per clip). Braced wall panels shall be laterally braced at each ton corner and at maximum 24 inch 16096 mnr) urtervals along the ton plate of discontinuous vertical frarnurg. TABLE 2308.12.4 WALL BRACING IN SEISMIC DESIGN CATEGORIES D AND E (Minimum Length of Wall Bracing per each 25 Linear Feet of Braced Wall Linea) SHEATHING CONDITION TYPE° Sas < 0.50 0 50 ~Sns < 0.75 0.75 < Sn s < 1.00 S e, > 1.00 G-P` 10 feet 8 14 feel 8 18 feel 8 inches 25 feel 0 St O inches Inches inches ne ory 5 feel 4 uuaies 8 feel 0 Inches 9 (eel 4 Inches 12 feet 0 S W inches saa~~-r~~ ~,, ~ (e~(s (va n(r? ate str~q• {1dSf3a~ rHSNes'' r. i ~-~7 -7~-feet-£ -h3-feet 1 a-F-k~er-f ~>'~r~ °. irre(7e5'~ iraskles~ ras(7es° ti~hES' ~FN3rrt~tery•-o( h-~ C-.~ravz/~Fraraal-F+rrtslwctu±rrnel-~rnri(ec_t-c:ur+(orsr~tr+<T-:.,~,~,r• "ee{rrJra Fhrte-s(ari~{kd6D 2~O~ten~r 2-fs-rc rfe~rred ~~ Proposed 2007 LAP.UCP I_oc:al Anwndments Pa_ye 60 of 02 2006 IBC / 2007 CSC Fuial Draft: 10/2`L/07 ICC LA Basin Chapl?r a Slr~~:fulal Cole Crnnnutlr~, ~~I`! .i_,. _L.'I:.Ilfa ;.I ;'.I r.._I~I cI:-111'• i(; mil-.i IIV_I ~; UI1~1111 ~..-.: :_I~ ~~~?_:IGII I. .-C1i.! JII-,I,I"~=._i ii. ~ 1'~Jl~~ai11 _ ~`.;I'~~I U~ .d~J 11-'. I~-I '.. I); ~ ~ ~ Uv .- ra ihn Intell~ ]tl .r-.I Llluluirlr) a od~,.. o- Proposed 2007 LARU~P Local Amendments Pale R;' of 62 Zoos iec i 2007 cec Final Draft lu/:'_7/07 ICC LA Eas'm chapter o Structural Code Commitlae ~a•, ~' AGENDA STAFF REPORT Date To Approved by Prepared by' Subiect. Recommendation: April 15, 2008 Honorable Mayor and City Council M~em//jb~ers Roger L Haley, Cdy Manag~(~r~k~_'/~/~ Deborah L. Jackson, Director of Quality of Life Services """~ Emergency Nuisance Abatement - 3381 Virginia Street Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3381 VIRGINIA STREET, AND IDENTIFIED AS TAX ASSESSORS BOOK NO. 6168, PAGE 008, PARCEL NO 034 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF" Background: Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance Discussion I Analysis: The property identified in the attached resolution has become a public nuisance and all efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The property is unsecured and transients and drug users have been occupying the main house as well as the guest house in the rear of the property There is also a swimming pool on the property that is unsafe and a health hazard. This property presents conditions that create a safety hazard and threats to the adiacent properties and residents ~ _ _ 9 The specific property owners of record were sent a Notice of Violation to Abate informing them of the scheduled public hearing via the U S. Postal Service Certified Mall and the "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3-13 4 et al FISCAL IMPACT: The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a "Notice to Lien", it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified Coordinated with: City Prosecutor City Attorney's Office Finance Department AGENDA ITEM 4 15 02 PUBLIC NUISANCE 3331 VIRGINIA RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3381 VIRGINIA STREET, AND IDENTIFIED AS TAX ASSESSORS BOOK NO. 6168, PAGE 008, PARCEL NO. 034 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood, and staff, the conditions at the property have proven to be an imminent peril to life or adjacent property; and WHEREAS, it has been documented that this property has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bang this property into compliance; and WHEREAS, this Council has held a hearing and has heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. The property described as Tax Assessor's Book No. 6168- 008-034 also known as 3381 Virginia Street, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13.1 of the Lynwood Municipal Code Section 2. The particular conditions of said property which are hereby found and determined to constitute a nuisance are described as follows 1. Weeds and/or stubble and brush 2. House, Guest house and garage are unsecured 3 Pool is unsafe and a health violation. 4 Property is being occupied by transients and drug users Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to: a Obtaining and Entry and Abatement Warrant for this property, all overgrown vegetation must be disposed of, pool needs to be secured, property needs to be secured, and the property will be maintained on a regular basis. b All points of entry to the property will be boarded up and maintained Section 4. The owner of said property, Sonia Ramos, and J.P. Morgan Chase Bank is ordered and directed to take said steps and to abate said nuisance Section 5. If the property owner fails to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of Quality of Life Services is authorized and directed to post conspicuously at least one copy of this resolution on the subject property and send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll, and such other address as may be known to the Director The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this resolution Section 7. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council Section 8. Notice is hereby given that on April 15, 2008 at the hour of 5 00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work may appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act Section 9. This resolution shall take effect immediately upon its adoption PASSED, APPROVED and ADOPTED this 15"' day of April, 2008. Maria T. Santillan, Mayor ATTEST: Maria Ownonez, City Clerk Fred Galante, City Attorney Roger L Haley, City Manager Deborah L Jackson, Director Quality of Life Services Department 1:Y r. ,fit ~~ .,, :~'~ !a ~ ~ ~~, ~., , ~ ,:. ~.): ~ ~~ Citg ..0.dsetrng ('.hoQOengrr. i ~ a'~~ i ,; ~~~~~ -r 1130 BULl15 ROAD LYNWOGG, CALIFGRfJIA 90262 13101 bf_L}-~G2V NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of April 15, 2008 at the hour of 5.00 p.m or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct an URGENCY PUBLIC HEARING the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262, to determine whether the real property located at 3381 Virginia Street, Lynwood, California, more particularly described as APN: 6168-008-034, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, stagnant and unhealthy water remaining in the swimming pool, removal of graffiti throughout the interior and exterior of the property, and proper securing of the walls, windows and all access into and throughout the structure The alleged conditions constituting a public nuisance are the following Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, stagnant and unhealthy water remaining in the swimming pool, deteriorated structure, graffiti throughout the interior and exterior of the site If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration DATED this day of April 3, 2008 CITY OF LYNWOOD Roger Haley, City Manager FiA1P ~ q\; `f"k lb'~. ~!/ ~~' , ~ ('ity _itrchr;q ('I,nCPervl~^. ,~•~'~`ti'~ LtFOt~..d > »u ouws ao.~o J P u•r~wooo, cauFOarna sozsz ~:tOr EU3~0220 April 2, 2008 Sonia Ramos 3381 Vrrgrnia Avenue Lynwood, CA 90262 RE: 3381 Virginia Street, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 3381 Virginia Street, within the City of Lynwood 1. Abatement by the rehabilitation of the property. 2. Removal of trash or debris 3 Removal and proper disposal of all overgrown vegetation and discarded items situated thereon. 4 Stagnant and unhealthy water remaining in the swimming pool 5. Removal of graffiti throughout the interior and exterior of the property. 6 Proper securing of the walls, windows and all access into and throughout the structure These conditions constitute violation of Section 3-13.2 et. Seq of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days. a). All overgrown vegetation must be cut and trimmed on a regular basis. b) All miscellaneous junk, trash and debris (accumulated on or scattered about the premises) must be removed (and lawfully disposed of) c) Swimming pool must be drained, cleaned and properly secured from public access. c) Repairs must be made and property must be properly secured d) All graffiti must be removed. Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the Crty of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on April 15, 2008 at 5'00 p.m in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration Dated April 3, 2008 CITY OF LYNWOOD Deborah L Jackson, Director Quality of Life Services Department ~.. ~~, Y `a '' ~ ~pyjR ~~ 1 ~~'~ I ~ ~ I I ~~ h ~ t~M-:~_ I ~ ~ "~_, y~ ~ ~ I ~ i~x:-. 't' ~ a - al. ~ ~! it ~:;' ,fib ':r ~ _ - A `~~ >4 ,.9 ~~~ ~ ~ .` S ~ . : -' ~ ~ ~~~~ ~ i~ .. _ .. Y wl -d .e 8 ' ~a t 3381 VIRGINIA STREET q...1. ~~i _~~ - _ T ` ~ 1 v.• at \~ 1- 4 f 1 -r ~ > [. R I zJx1 r ~~9 \ ' sf W i nk~S~. e~,.r~ ~~ ~ 'x.n>. P.ff~x~ , ~ ~1~ a Yip" r S\~ L ~~'I ..: ; ~ } ~ ~ ` ~~ ~ ~ 1 3 ~ t] } ) [ [y Ifs ^t4 ~ ~ 1 .. ~ atl~l - 'y e 1 ~ h 1. Y Y I ~ &Z~. .{ E+ o ~n.. ~\ rJ 'R R M F Jjj~ ~ ~~1.+~ ~ u~ f ;a 2 :!!2. 2 y «: � y .:.\ y :.: \/y « . � (� \} / s � §� < m s f.{ . �r ©\ / / � ©?� / «: ... \� : »� y < » ;¢? 2 »zm� .. .,> «> - � :« G\ %�� « << » � 22 / © ~+ , » - - -- . � \� »� :� � w . x. _- � - - - y .,� wee � �� \ \`' ^� \�� \ }� » » « »�� x�� »»w . , « \� � � 77 : �§� }�� \ /��^ \� / ~ y ..�'�� - � aw . \ � � � � � � � \may ^ .?d� � � � � j« «< » � � /%� ? \ « © az� «� �» x . �� .� ::. « «r. . . . : � �k : :/ %.« °��m � � >�� <��d.a ��'�� §�\ � ©w w :: � � �� yww � \ :� i ��2\ /�� .«: ��# \. �� °2> ��/ ��... . . :� wwyy< a ».�= � ¥: : w < . , � /� } \�© / � � � § \ � � � \� \ ? .� � . . w� - � , »� � \�� \ \2w �\ : :� � � � ~~ L,~A~'~ AGENDA STAFF REPORT DATE April 15, 2008 TO. Honorable Mayor and Council M APPROVED BY' Roger L Haley, City Manag~ PREPARED BY Maria Quinonez, City Clerk ~,,~ SUBJECT Lynwood City Council Minutes Recommendation: Staff recommends the City Council approve following minutes Regular Meeting, March 4, 2008 Background: N/A Fiscal Impact: N/A Coordinated With. N/A a s =-~.v7 10 LYNWOOD CITY COUNCIL REGULAR MEETING MARCH 4, 2008 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5 09 p m Mayor Santdlan presiding Council Members Castro, Flores, Morton, Rodriguez, and Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre City Clerk Qumonez announced that the Agenda had been duly posted in accordance with the Brown Act Item # 6 SWEARING IN CEREMONIES 1) Councilman -Jun Morton Crty Clerk, Ournonez swore rn Mr. Jim Morton as a Council Member, thereby filling the vacancy left by Mr Tony Martinez Council Member Morton thanked the City Council for appointing him He thanked Council Members Rodriguez for his motion to appoint him to the City Council, Mayor Santillan for seconding the motion and Mayor Pro Tem Castro and Council Member Flores for voting yes on the motion. Council Member Morton enjoyed working with Mr Martinez and was sad to see him leave He thanked the residents that supported hun and spoke on his behalf. He will represent the residents of Lynwood to the best of his ability. Item # 7 PROCLAMATIONS/PRESENTATIONS National Engineers Week • Vincent Moreno - Caltrans Central Basin Municipal Water District Item # 8 COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY - 5 20 Item # 7 PROCLAMATIONS/PRESENTATIONS (Continued) • Real Men Cook Foundation - Mr. Powell encouraged the male population to go for prostrate screening at Samt Francis Medical Center on Saturday, March 15, 2008 from 10.00 to 3 00. 357 men were screened last year Hopefully, 500 men will be screened this year This will be a free event including a raffle This screening is for men over 40 which can provide early detection for prostrate cancer PUBLIC ORAL COMMUNICATIONS (Agenda Items Only) Margie Harper #20 -COMMISSIONER APPOINTMENTS -She wanted to know what appointments were made on her behalf. Sal Alatorre stated that he will enforce a new policy of submitting checks for payment He asked the City Attorney to monitor staff's requests for legal services. PUBLIC ORAL COMMUNICATIONS Frank Calderon did not agree with appointing members to the Veterans Affairs Council Clifton Keagler spoke on the recall election. He stated that there were violations regarding the gathering of signatures and the recall petitions Previously, residents called for an investigation of the matter, he wanted to know what the status was on the investigation. He requested a code injunction to prevent the destruction of the recall petitions. He stated that the appointment of Jim Morton was a violation of the Brown Act because it was not agenized Irene Garcia asked for the residents to be reimbursed that are impacted by the overflow of traffic created by the 208 street closures Regarding item 17 EMERGENCY DISINFECTION CONVERSION -CHLORINE GAS TO SODIUM HYPOCHLORITE AT VARIOUS CITY WATER FACILITIES- She stated that chlorine gas is detrimental to people who have kidney problems Item #20 -COMMISSIONER APPOINTMENTS - She suggested that the appointees should be fluent in English Regarding Direct 7 V., She asked why companies are outsourcing to other countries and states After discussion it was moved by Mayor Pro Tem Castro to reorganize the agenda by conducting Council Orals after Public Orals, seconded by Council Member Rodriguez and approved by general consent COUNCIL ORALS Aide Castro stated that regarding the appointment of Jrm Morton, the Brown Act was not violated. A mistake was made in not following Roberts Rules of Orders but a vote was taken on a 4-0 basis She stated that the appointment of Mr Jirn Morton was legitimate, which was supported by the City Attorney in written form The recall investigation was dismissed in a court of law concerning the prior council She invited the community to attend the alley cleanup on Agnes Avenue and Atlantic Avenue on March 8, 2008 at 9 30 She attended a Bond Briefing provided by Assembly Member Hector De La Torre and Senator Alan Lowenthal. The City of Lynwood has made it to the second stage of acquiring a $1 1 million dollar grant from California Rivers and Mountains Conservancy. She would like to see art on the traffic light boxes lust like the City of Bellflower, which was done by their Art in Public Places She would like staff to get involved with Gang Reduction, Investment, and Prevention (GRIP) which is run by Mr Tony Ostos in the City of Paramount, which is a very successful program. She thanked Mr. Perry Brents for moving forward with the Video Game Challenge. She encouraged the community not to be discouraging but supportive of the current Council Members. Councl Member Flores does not like to see when residents are not encouraging and trying to create division within the community. Council Member Rodriguez thanked the residents for attending the City Council Meeting. He welcomed Council Member Morton to the City Council. Mayor Santillan stated that Black History Month was celebrated at Plaza Mexico. 11 local community members were recognized. She entoyed the concert on Saturday. She attended an event at Rosa Parks She is expecting funding for Ham Park to come in soon Mayor Santillan informed Margie Harper that she was appointed to the Community Affairs Commission. Margie Harper stated that she was informed by letter that she was also appointed to the Senior Advisory Council. Mayor Santrllan explained that her nomination to the Senior Advisory Council has been changed She reiterated that Margie Harper was only appointed to one commission which was the Community Affairs Commission PUBLIC HEARINGS Item # 9 ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE TO EXXONMOBIL OIL CORPORATION It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, and carried to open the public hearng It was moved by Mayor Santillan, seconded by Council Member Flores, and carried to close the public hearing After discussion, it was moved by Mayor Pro Tem Castro, Seconded by Mayor Santillan to waive the first reading and introduce the ordinance by title only ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING A NONEXCLUSIVE FRANCHISE TO EXXONMOBIL OIL CORPORATION TO OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE CITY OF LYNWOOD, SETTING FORTH CONDITIONS ACCOMPANYING A GRANT OF NONEXCLUSIVE FRANCHISE, PROVIDING FOR AMOUNT AND METHOD OF PAYMENT BY FRANCHISEE FOR THE PRIVILEGE GRANTED, PROVIDING FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE, AND ADOPT THE ATTACHED RESOLUTION ENTITLED, THE SAME ROLL CALL AYES' COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN NONE ABSENT: NONE Item # 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MASTER FEE SCHEDULE TO REFLECT CODE ENFORCEMENT ADMINISTRATIVE CITATION FEES It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, and carried to open the public hearing It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, and carried to close the public hearing. After discussion, it was moved by Council Member Rodriguez, Seconded by Mayor Pro Tem Castro to approve the resolution. RESOLUTION NO. 2008.027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MASTER FEE SCHEDULE TO REFLECT CODE ENFORCEMENT ADMINISTRATIVE CITATION FEES ROLL CALL AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES NONE ABSTAIN: NONE ABSENT NONE Item # 11 ADOPTION OF THE 2007 BUILDING CODES It was moved by Council Member Rodriguez, seconded by Council Member Morton, and carried to open the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, and carried to close the public hearing After discussion, it was moved by Council Member Rodriguez, Seconded by Council Member Morton to waive the first reading and introduce the ordinance by title only ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 11 BUILDING AND HOUSING BY AMENDING SECTION 11-1.1 (BUILDING CODE), SECTION 11- 6.1 (ELECTRICAL CODE), SECTION 11-9 1 (MECHANICAL CODE), SECTION 11- 10 1 (PLUMBING CODE), OF THE LYNWOOD MUNICIPAL CODE BY ADOPTING BY REFERENCE THE CALIFORNIA CODES OF REGULATIONS". ROLL CALL AYES. COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES NONE ABSTAIN NONE ABSENT. NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. After discussion, it was moved by Mayor Santillan, seconded by Council Member Morton to approve the minutes, adopt the resolutions and adopt the ordinance Item #12 MINUTES OF PREVIOUS MEETINGS Regular Meeting -February 5, 2008 Item #13 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2008.028 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #14 PUBLIC WORKS YARD DRAINAGE IMPROVEMENT PROJECT, PROJECT NO 4011.67.920 RESOLUTION NO. 2008.029 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE PUBLIC WORKS YARD DRAINAGE IMPROVEMENTS PROJECT AS BEING COMPLETE; AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER. Item #15 SUBDIVISION AGREEMENT FOR OFF-SITE IMPROVEMENTS AT 3532 LOS FLORES BOULEVARD RESOLUTION NO. 2008.030 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE TERMS OF THE AGREEMENT; ENSURING COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED FOR THE DEVELOPMENT OF THE LAND AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #16 APPROVAL OF THE 2008 STREET CLOSURES SCHEDULE RESOLUTION NO. 2008.031 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE 2008 STREET CLOSURES SCHEDULE AND CREATING A PROCEDURE FOR DEALING WITH UNFORESEEN STREET CLOSURE REQUESTS" Item #17 EMERGENCY DISINFECTION CONVERSION -CHLORINE GAS TO SODIUM HYPOCHLORITE AT VARIOUS CITY WATER FACILITIES RESOLUTION NO. 2008.032 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE EMERGENCY CONVERSION FROM CHLORINE GAS TO SODIUM HYPOCHLORITE AT VARIOUS CITY WATER FACILITIES Item #18 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND RBF CONSULTING TO COMPLETE THE UPDATE OF THE LYNWOOD HOUSING ELEMENT RESOLUTION NO. 2008.033 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF LYNWOOD AND RBF CONSULTING AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT" Item #19 SECOND READING OF ORDINANCE -STREAMLINED PROCESS AND ADMINISTRATIVE APPROVAL FOR SPECIAL PERMITS FOR SMALL- SCALE OR SHORT-TERM SPECIAL EVENTS ORDINANCE NO. 1599 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SUBSECTION 4-810 TO THE LYNWOOD MUNICIPAL CODE APPROVING STREAMLINED PROCEDURES AND ADMINISTRATIVE APPROVALS FOR CERTAIN TYPES OF SPECIAL PERMITS AND EVENTS. ROLL CALL AYES COUNCIL MEMBERS CASTRO, FLORES, RODRIGUEZ, AND SANTILLAN NOES NONE ABSTAIN NONE ABSENT NONE NEW/OLD BUSINESS Item #20 COMMISSIONER APPOINTMENTS Council Member Morton made the following appointments Community Affairs/Recreation Commission -Donald Dove Women's Commission -Olga Real Planning Commission -Rita Patel Personnel Board -Reverend Robert Robertson Veteran's Affairs Council -Charles Wood Senior Advisory Council -Barbara Battle Design Review/Art in Public Places -Lucy Hernandez Youth Commission -Michael Quinonez CDBG Advisory Board - He withheld his nomination Traffic, Parking and Public Safety Commission - Pearline Calderon ROLL CALL AYES COUNCIL MEMBERS CASTRO, FLORES, RODRIGUEZ, AND SANTILLAN NOES NONE ABSTAIN NONE ABSENT. NONE CLOSED SESSION (NONE) ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, and carried to adjourn the regular Lynwood City Council meeting at T03 p m Maria Santillan, Mayor Maria Quinonez, City Clerk s J.d.: ~. cad ~~9 iy r AGENDA STAFF REPORT DATE April 15, 2008 TO Honorable Mayor & City Council Membe APPROVED BY Roger L. Haley, City Manage(-A - PREPARED BY: May Lan Tan, Interim Director of Finance ~ ~~;. tl` `~ '~`/~ Lilly Motarro, Accounting Technician SUBJECT Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for Fiscal Year 2007-2008 Attached Warrant Register dated April 15, 2008--------------- ITt•.M 1 d m W n m b N S (/1 tD O 3 1 0 m n s w A ao in m v c m x 1 w A au m W v n z S cn cn cn cn ~n cn A A A A F~ C.) n d V1 CP A CJ O CO ~ ~ A A N A W # cn A CJ ~ O w 0 0 0 0 0 0 ~O W `) W W N N ~ p ~ O 00 3 W W Oo O) O O x N N N N N IJ N O O O O O O O O O O O O O 00 O W W W O O O O O O G O O O O O O ? tP (AO O) <.a G) N O. 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O N O N O (T O N G O Vi O Ut O V ~ Q p O O (T A w p O O N cn O O O N O O O , O O O w O O O O O O O ~ O O O A U ~ y m m 0 ° ° ° °= o m o 0 0~ o m o 0 D ~ z Z ° n ~O r~0.~0 ~~ ~o _ ,D w w Z m a, r _ _ w m w m w~ ~ m~ vW m om fZi l N~ n A 0 o Z o~ r A cn ~7 U' ~ ] , _ .Z1 i u -i N N m mco A ,l ~ A W U w ~ w~]w z7 W ' w0 W (n N Q W (n W f/1 wmu,zw mw m Ol O o w A o m + 00 (7 _ O Z o o cn C O~OmO AO 7J ~ m n r s m s s p (jl (P N m A C s~ s~ IJ N s z A Q s G s s G s G A N C/J A A C7 1 a, n I•J C o 0o Z (/, o A o o A A w O n cn cnn o m(n C O m~ A~ m 0 m O '{ w m N n] O O C o ~ D (P T [T T O= ~ N~ G (n ' N O ~ ~ Z C C m () 'U W D ~ m z z cJ ~ m ~ m ~ A m O O w ~ A N m < ~ _ O ~ o ~ 0 0 0 0 ~ m z ~ m '° , _ = - i a d w N D !•] _ t0 [O N N V N ~I N N ~ O N 3 N V W S A PJ N (l~ (T N V ~1 w N O, Oi N N O O A ~ N N V J O O O Q, w O O O A A N~ C w 0 O O O O O O O O O O A (T V V O O O N N w t0 O O O O O O O O A O O tO IT A w O o < A fJ O ? ~ ti N O O OD V N O D n ~G C O O C n ~ S J ~ f r O N ~a " V w m T d m ~ rn ~ A A A ~~ ~J V m o co O O A p A N r N IJ N N O O o m o ~ o~ 0 0 0 0 0 0 O O W A O rr ('. o N W W O O T m n G cn ~ ~ m ~ m ~ N m = ~ n o n = n p ~ m Z A (~ ~ O ~ A O ,j T r ~ m m m m N N N cD N (T O T (li C iJ O N N V w W A N N O °W 0 0 W W A T m O m x A W ~~ A 0 N W 0 0 W ~~ J T D A x O c z O C z O D O z A q m A s N W 0 0 Vt O V m r O ~~ x D A m 7J D < m ~, o d A ~ ~ ~ fl JC w ~ ~ ~ ~ O a ro A w N O D y 6 O N J W ~ o < o m N ~ J Q ~ Q ~ ~ m n D G7 z Z n N T °w N (T m N A cn N O O O m ~ O m ? W m w O %n w ~ r C7 tT 1 V N O W ~l W ~~ J 0 0 0 00 0 0 0 0 _o 0 0 rn m m rJ N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ O G ~ r N W U N N A A N W A (P N W O (P O (O N J] y N -J V Q~ N A N V V O m v O u ~ ° ° ° O° O° O N a~ ~ T ° z ~ VJ ~ ~ CJ ~ n O x a m~ m N (n { O O ~m~ T ~C~C~ C W ~ ~ o o o ~D~ Z n , _ ~ A W N m m N A W .Z7 W .Z7 W O W m W Z O O ' A A rT O ()t ~J A G N m il Tl E f O m (T m N m O m 0 m O~ cn .lJ C O m O A O A O A S V N N A N Z] N ~] N C W T N N N O '~ O O D j Z~ Z N~ r -~ N O rJ A (r° O~ O N C O V V (IJ ~ O O O N W p7 N r W .Z7 O O m 0 0~ rn A rn A rn ~ rn C rn v rn m rn m~ m 7J A rn n rn Z ~ m rn rn ~ m W N U m D CJ p ~ p ~ m ~ T (,n A T O T W r A 7J A A w < W G 4J G N O (n N o Z] O nJ 0 0~ N !J A ' m N T O m r _ (D tD (O O CJ rp n O CJ m N m (T W m (T O O H O C (T N N V (O O VJ [ m m m A „ cn ~ D ~ to ~n cn < Z T C O ~ m o v A °1 o to '~ ~ D D 0 0 0 A ~ ~ Z ~ Z , „ ., , = _ m O m A _ _ N N _ W W N W W A O N N N W m N N N N O A N W o N N ~ Ut N O O W W W A O V W (O W (T W N O O C O O V V W O Oo W N N W A N ~~ W W O O O O W O W O N O W O w O O t0 [p W A N N 07 o < a n o ~ ~ N N ^ O 0 W N O D n ~ ~ O C n r 5 ~ ~ f r O N O ,~ a V m ao m tD v m ° m O A .n A N N O O w 0 0 0 W W D O D Z O x D A m A Z (~ a w Ut N A A ~J V O O cn A 0 0 J V O W W (7i N [p c0 cn 0 A O O N A W A N O O m 0 0 0 A V O O D -I Z m 0 0 0 W A N A N O O W 0 0 0 0 m O O r O m z m m W C r V V O W < m ~ O d A C J V (1 F ~ ~ n O a m A ~ ~ O a N W pl O ~ J O ~c m o < o m J w a ~ O N ~ O n m (~ O Z .T7 O r (~ w o0 00 0 J O W J N OD V j C N n O A A 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 rn rn m _ _ _ rn rn rn rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W S N N V N N N N N N N A U (P (T m w w m co mrnrnrnrn rnrn o cn cn <n (O (p W M N A A A A A A A A J V v A ("J A n ~_ ~ _ ~ O _. N N ~ N N O (n O ~~ ~~ ~ O O ° ~O O OJ O O Z O~ Z m '~ ~~ m O N~ N O N m ~ ~ f ~ ~ ~ m m m ~ ~ ' ~ z ~ z N O , N O N O A A , , ~ , , ~ U f a (>t A A A _ A~ _ , ~ A A A ~ A -I QJ W V -I .J -I W '~ (T '~ (T D O N~ O O O O n O W (T () N C1 (T C) <O T7 O '~ N O N ~ A~ N OJ A OJ P N A m A Z A O A O .A O A C A C O D O D -~ z ~ N N O~ W (T T7 O ~ Z~ Z Z W () O O ~ ~ N ~_ N ~_ N~ N O N (T O O O m N ~ (T N -~ N~ m ~ A A rn rn rn O m O N rn l ~ rn rn rn rn rn rn rn N N N N N N N p m Ul C m . rn N N N N Q N Q O Z O Z Z N Z O O V N C C 0 0 0 0 0 0 0 N~ O O OOO r O r N N N (A N D O D ~ O ~ I (T Ut N (T N (T N (/~ O r (ll N N < < z z ~ ~ m N m ~ ~ ~ ~ < m m ~ ~ ~ ~ m m m ~ o ~ ~ o o 0 0 m m = m °1 rn ~ W J V OJ -~ W Q1 N m (O O O N J V V>> (Il N A A N N N N OJ N ~ O W W O O N N N N O O ~ ~ O O (T N N N N O 0 0 O O O O (T Vt O O N N O O O O V W V V O W W 0 0 0 0 0 0 0 0 t0 f0 O O O O O x O D O J D 3 O J o < p n O ~ tD N N •+ O 0 w N O O f0 D n ~ C O C n ~ S (~ 7 1 o ~ o ~~ a v m A O m m A O A (T N U1 N N N (w0 W N A O w A N N m O_ Q7 W 2 c D Z N m C) m D N O n D ~_ O z N O W A O N A N N O O O O m S N m n C z m N N O r C O Z !n D1 0 O 0 m J A O Q) O w Q) A O A N N O O O W W W D O N D z m r m N N A W w W A (D W O) V A O m A N O O O O N O 2 m Z D Z 0 m N m r m D Z O A O S m m 0 o m V1 N A A C J J V O F (O [O ~ O J W ~ 0 a m A A ~ n cn D a c ~ Q N N pl O O N 3 O O ~c Oo W O O N A O J O W O. O N W S D A ~ o m o o .Z7 N w ~ w D A = D ~ ~ m o D z 0 I D A "O m z n w J N < N O fU n 0 J a W N W ~ N O m 001 ~ O O O O O O O O ~ O O O O O O O O O O O O O O O O (D (O N_ tT J J (O O Q) J [O A V O J N W W f0 N o N m , _ N C~ m p -~ c1 A -i -' m ~ al ~ 0 oroD om oo O o.D OC o D o O m ry N ~ m N ~ Z_ ~ ~ ~ m ~ (n ~ ~ Z ~ C1 ~ A O A ~ A ~ 01 O W W{ A A A~ m m W m m~ J N N N A N ~ o A o o Z N~ cn O ~ N N Z77 o D v A D A A J N N O A A O t0 W~ ~I A orwno0 N~ to co NZ D N(7 wA ox N o D cn C o m N N m o~ cn Z ~= o J rn=ormN pJ D rnm C m m rn D rn Z rnn D N D N () N c N r N N ~ (!t N U N D) N~ O O f1 O N O O C O N o 0 O C O C O 77 O A {O ~ O D O D m N N CJ N T N 'Q A N m O~ O N A N~ N N N N N m O T O T O N t0 C O m -1 ~ ~ r r ~ ~ 3 J O m QJ ~ O m a m OO ~ vmi ~ ~ w Z ~ = T. -~ ~ ~ ~ cn m < N ~ Cmi O D O .p. ~ o gip. 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O A ~ ~ O Q N ~ p1 O p ~ O F O ~ O (p J ~~ a u, o D .-0 D O c z O z m N a m A ~J A s c\n o o (\ o~ - N O _ - _ N j ~ J v ... ~ ( O N N N ~ V ~ O O 0 ~ (p O N N N O O O O O ~I O tD .+ N O (O -1 -+ w O V I V V ~ W (li Ut J Vl O- (~ N ~ (P N ~ W OJ (O (p ~ y (D O .. _ O O (U ~ ~( N ( 0 0 0 o u ,~ n s s co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (p tD (J N V A A A N ~ CU W OJ W N O CO m ~ ZJ O m A T ~ T A T o m o m o m N (7 o p ' m ~ T ~ m° m ' U ' ~ ° m o m ' ~ ' T ' ~ ° m o m~ m ~' T T Z~Z~ Z ~ Z ~.A .~ 7J .-, Z7~:O ~A~Z11~ A cn C7 m o C o z sOSns n VmV m-1 m -I ~ o --~ wow v' v(Ou,O wNw ~ u,O inO wN wow ~ p,0 p,0 cn O cn s (n ~~ ~ Q cO ACC ~1 ct A m m m'~ s C wZw Z W Z W Z wZw Z w Z w Z wZwZw Z w Z w Z w Z (T C ~ ] '~ A A m A O Z (P Z ~' Z ~ -a ~ N n s~ (T m Ut m srs r (T m N m srs r U m N m U m srsrs r m o ~ o ~ O s s s o Do Dro r N ~ coo Q(O p Op[o WO OA[° A(O A p~ ~ (T N (T Uwi tOD p (00 D O D O~ O O O ~ O O ~ A A ~ ~ ? v O O O O O A A ~ -i -i ~ in D O ~ D ~ ~ ~ ~ m c ~ O ~ tv ~ ~I N ~ A O er ~ ~ C O O O (n Ip O v O = O 0 0 d .p . 0 0 o ~~ ~ m w _ w o~ ! ~i ~ p A v v (o m (11 N N N Ol (T O A (.'p w w A s A W A O O O W O O cn <n A ~ bJ O] N N A w N N O O ' O O O Cn Ut O O O O O O O O O O 0 0 O O O O N v O w ' I~ O (It O O O O O O 0 0 O O O O O ~ 0 0 O O O O O w O O O O O O O o < A f) O S ~ N N ~T O O OD J N O O uJ D n ~ < O M O CI ~ S 7 't f r O N O ,.' a m m U7 N (D d1 N a N O N N O 0 0 A Uf ~1 O r_ Z n O T O D -I O z A N OJ A Ut N O O W 0 0 O O w O T T (~ m p m T O N A N J A N N w 0 0 0 O W O T T_ C'i m p m T O < W rn o w A C J W n x O ~ O O a m A ~ ~„ p a Q N ~ {U O N m F o C o m o J O Q ~ O N ~ G T _T C1 m p m T O A A A A A A A A A A A ~ A A ~~ N O O N N ~] W N W N N N N N N N ~ N -~ N O O ~ 1 W O A w W O w OJ U W O' V O A N . ~ W O A N A ~l W O ~ O ~ O O Q7 Ut ^I W W A O A J J O CP W j f0 W ~ T S N O -~ U O A -+ N A C (] N A A O N Ut A W W OJ O O N V d ~J S O ~l N O W N N CJ A _ O O O O O O O O O O O O O O O O O O O O O O O O O O N 0 0 o 0 0 0 0 0 0 0 0 0 0 0 W _ N N Cb OJ ~1 N N N t•J O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N A A N N N ~ N 4t (T (P Ut A m O ~l ~l O O O O O W W W W UJ ~J N N W W J (O 1 N N N N O T O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O ~ " O~ ~ D ~ T O ~~~ T T T T, T~ T T T~ T~ T T ~ T ~ T , T , T_ , T T T , m ~ m ~ T-. 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O OD V N O O (O D 3 n ~ C ~ O n ~ S 7 i f r O y O ,~ Q d A v m ~~ rn rn A A Ca Oo W w W N > A n t\n J N J O J O n O] J O J O J O rn o cD J A o D 0 A > D ~ O - z ~ O o z n m P A J a 0 n i n A W A N O O N O O O A N D m D z v D D A ~ IO ~ A C ~ O~ (1 ~ w s n O N O a N A rn N ' O O N O O O W O m m D O z O c n O Z (7 v O a d Q m ~ C N 7 a O N N -i w w w w w w w w w w w ~ O~ Oo w A ~ A A A A A A W W N ~ w rJ o 0 0 0 0 o co m o 0 CJ rn N W N O Oi N A O (O W O W (O W (D pJ p N O O O O O O O O O O O O O M ~ rn G• N _ ~ 0 O O O O O O O O O O O O O O # O O O O O O O O O O O G O O O O O O O O O O O O O O O O (T Ut rn N W ~ W W ~ W 4~ W _ N co m -~ 0 0 0 0 0 o G~ w J J !J O N rD N N N N N N rn N NZ7N J,] rn p ~m~.a~m-~v~m~m~v~v--m~~ ~ o o o ~ ~ o O o m o m o m p ~ o z o A o z o~ o p o z o A o~ ~ m ~D~ ' D ;' m O.,O~G~~O..O~G~,O~O~O~ O ~ , y 0 A O w 7J N :U ~ ~ N A ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ Ur (T ~ c~ Z7 ~ N{N { ° °Qrn O O OO O O ~ O -1 V A A A ~ ~ J ' ON~ J G <~ ~~ O? 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Haley, City Manage PREPARED BY. Deborah L Jackson, Director of Quality of Life Services-. Natalia Medina, 81ock Watch Coordination Spec ! ~ SUBJECT Park Maintenance Grant Funds Transfer RECOMMENDATION: Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO TRANSFER $40,000 IN UNAPPROPRIATED FUNDS FROM THE LOS ANGELES COUNTY PARK MAINTENANCE GRANT FUND (3541) TO PROJECT NUMBER 05-5222 FOR FY 2007-2008." BACKGROUND: The Safe Neighborhood Parks Proposition of 1992 and 1996, which voters approved on November 3, 1992 and November 5, 1996, respectively, provide maintenance and servicing funds to eligible agencies to offset increased maintenance costs resulting from Proposition funded protects. Parks eligible for use of this funding are Lynwood City Park and Los Amigos parks The city accrues approximately $25,000 annually to this protect account from the County. There is currently $247,205 in the Park Maintenance Grant Fund. There is an additional $332,118 eligible to be drawn down from the County to the City. Each year staff requests for a portion of the Los Angeles County Park Maintenance Grant to be transferred to Project Number 05-5222 for the maintenance of the Lynwood City Park. Funds can be utilized for purchasing operating supplies, equipment rental and hiring of part-time/temporary staff to _ maintain parks The project is currently listed m the Capital Improvement Project t r,GF!~:D/' for Fiscal Year FY 2007-2008 ? { ~'I`/' a ~. .~ ~..~_.m., DISCUSSION & ANALYSIS: Usage of the L A. County Park Marntenance Grant will assist in hiring temporary/part-time staff to maintain the park not only during the week but on weekends. The advantage of using the L.A County Park Maintenance Grant is that rt will reduce the usage of the Landscape Maintenance Fund which is currently in a deficit. An appropriation of $40,000 of un-appropriated Los Angeles County Park Marntenance Grant (Fund 3541) is requested to be transferred to the Capital Improvement Protect; Protect No. 05-5222. There is currently $247,205 in the Los Angeles County Park Marntenance Grant (Fund 3541). The following information is a breakdown of how the funds will be utilized: • $30,000 - Salaries for part-time/temporary staff • $8,000 -Operating Supplies $2,000 -Equipment Rental Staff will bring back an item rn the upcoming 2008./09 fiscal year with a detailed outline of the maintenance activities that will be funded from this account. FISCAL IMPACT: A transfer of $40,000 from (Fund 3541) Los Angeles County Park Marntenance Grant to the Capital Improvement Protect, Project No. 05-5222 is being requested. COORDINATED WITH Fuiance Department City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO TRANSFER $40,000 IN UNAPPROPRIATED FUNDS FROM THE LOS ANGELES COUNTY PARK MAINTENANCE GRANT FUND (3541) TO PROJECT NUMBER 05-5222 FOR FY 2007-2008 WHEREAS, the Landscape Maintenance Division maintains Lynwood City Park, Project No. 05-5222; and WHEREAS, the Los Angeles County Park Maintenance Grant (Fund 3541) has an un-appropriated amount of funds to maintain Lynwood City Park, and WHEREAS, the Quality of Life, Landscape Maintenance Division is requesting $40,000 to be transfered to Project No. 05-5222, and WHEREAS, the $40,000 is to be utilized for hiring of part-time/temporary staff and operating supplies. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows. Section 1. That the $40,000 be used for the maintenance of the Lynwood City Park in compliance with the terms of the Los Angeles County Park Maintenance Grant Section 2 That the City Manager or designee is authorized to make the following fund appropriations and transfers FROM TO L A. Co. Park Maintenance Grant Park Maintenance Fund Fund 3541 Project No 05-5222 $40,000 $40,000 Section 3. This resolution shall take effect immediately upon its adoption PASSED, APPROVED AND ADOPTED this 15~" day of Apnl, 2008. Maria T. Santillan, Mayor ATTEST Maria Quinonez, City Clerk Approved As To Form Fred Galante, City Attorney Roger L Haley, City Manger Approved As To Content: Deborah L Jackson, Director Quality of Life Services Department „~.~,,, ~ AGENDA STAFF REPORT ~,;~, DATE April 15, 2008 TO Honorable Mayor and Members nwood City Council APPROVED BY: Roger L Haley, City Manag ~-;j, PREPARED BY. G Daniel Oteda, P E., Director of Pu lic Works /City Engineer Paul Nguyen, P E., Capital Improvement Program Manager SUBJECT: Adoption of Plans, Specifications and Working Details Street Improvement Project • Hulme Ave.& Shirley Ave. Project No 4011.67.949 and Project No 4011.67.991 • Imperial Highway Project No 4011.67 990 • Carlin Avenue Project No. 4011.67.966 Recommendation: Staff recommends that the City Council of the City of Lynwood adopt the attached resolution entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, SPECIFICATIONS AND WORKING DETAILS FOR THE HULME AVE & SHIRLEY AVE STREET IMPROVEMENT PROJECT, PROJECT NO. 4011 67 949 AND 4011.67 991; THE IMPERIAL HIGHWAY STREET IMPROVEMENT PROJECT, PROJECT NO 4011 67.990; AND THE CARLIN AVE. STREET IMPROVEMENT PROJECT, PROJECT NO 4011.67 966, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS ENGINEERING STAFF TO SOLICIT BIDS." Background: On October 5, 2004, the City Council of the City of Lynwood awarded a contract to Norris-Repke, Inc in the amount of $48,700 for the preparation of the plans and quantity estimates for Hulme Ave. (from Woodlawn Ave to Martin Luther King, Jr. Blvd.), and Shirley Ave. (from Ernestine Ave to Beechwood Ave.) street improvement project The preparation of the plans and quantity estimates for Imperial Hwy. (from Martin Luther King, Jr Blvd to Bulhs Rd.) and Carlin Ave (from Atlantic Ave to Olanda $t~`~._r;~-,~• ~ I t r ._-~ ~W ~J street improvement project were des+gned and developed by the Department of Publ+c Works engineering staff The plans, specifications, and working details for these three sets of street improvement projects outlined above have been completed and are now ready for the C+ty Council's adoption in accordance w+th California Publ+c Contract Code Section 22039 and Lynwood City Code Section 6-6 7, which requires the C+ty Council to adopt plans, specifications, and working details for all public projects exceed+ng $125,000 The total street improvement construction cost estimate (Engineer's Est+mate) for the subject project consisting of 1) Hulme Ave , & Shirley Ave., 2) Imperial Hwy., and 3) Carlin Ave is approximately $1,075,500 Discussion and Analysis: The street design project encompasses, but is not limited to, the following asphalt concrete (A C.) pavement rehab+litation and/or reconstruction; reconstruction of curbs & gutters, sidewalks, longitudinal cross-gutters, curb ramps, driveway approaches, and alley intersections; relocation of any utilities, if necessary to avoid conflicts with other utilities, driveways, or other pre-existing permanent structures; adjustment of util+ty valve covers and manholes to grade, provide traffic striping, traffic control & loop detectors Fiscal Impact: The Hulme Ave , & Shirley Ave street improvement project is funded by California State Assembly Bill AB 2928 funds. Funds are availble in two project accounts: 4011.67 949 and 4011 67 991. The cost estimate for this phase of the project is $588,000 that includes the following: • Construction cost $ 470,400 • Construction contingencies 15%. $ 70,560 • Construction administration and inspection 10%~ $ 47.040 $ 588,000 No shortfall is anticipated in this protect, however an additional $23,000 is available in both accounts: $19,600 in 4011 67.991 and $3,400 in 4011.67.949 The Imperial Highway street improvement protect is funded by Prop C funds The cost estimate for this phase of the street improvement protect is $300,000 that includes the following • Construction cost: $ 240,000 • Construction contingencies 15% $ 36,000 • Construction administration and inspection 10%: $ 24,000 $ 300,000 No shortfall is anticipated for the Imperial Hwy. street improvement project, however, if additional funds are needed, Prop C funds are availble from Account No 4011 67.997 to mitigate any potential shortfalls The Carlin Ave street improvement protect is funded by Prop C funds through Account No 4011.67 966 The cost estimate for this phase of the street improvement protect is $187,500 that includes the following. • Construction cost $ 150,000 • Construction contingencies 15% $ 22,500 • Construction administration and inspection 10%. $ 15 000 $ 187,500 No shortfall is anticipated for the Carlin Ave. street improvement project; however, if additional funds are needed, Prop C funds are availble from Account No 4011 67 997 to mitigate any potential shortfalls. Coordinated With: City Attorney's Office, City Clerk's Office and Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, SPECIFICATIONS AND WORKING DETAILS FOR THE HULME AVE. & SHIRLEY AVE. STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.949 and 4011.67.991; THE IMPERIAL HIGHWAY STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.990; AND THE CARLIN AVE. STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.966; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS ENGINEERING STAFF TO SOLICIT BIDS WHEREAS, on October 5, 2004, the City Council of the City of Lynwood awarded a contract to Norris-Repke, Inc in the amount of $48,700 for preparation of the plans & quantity estimates for the Hulme Ave , and Shirley Ave street improvement protect, Protect No 4011.67.949 and 4011 67 991, and WHEREAS, both the Imperial Highway and Carlin Ave street rmprovernent protect, Project No's 4011 67 990 and 4011 67.966 respectively, were designed and developed by the Department of Public Works engineering staff; and WHEREAS, the plans, specifications and working details for said protect are now complete and ready for the City Council's adoption, and WHEREAS, the Hulme Ave & Shirley Ave street improvement project is financed by California State Assembly Bill AB 2928 funds, and WHEREAS, both the Imperial Highway and Carlin Ave street improvement protects are financed by Prop C funds, and WHEREAS, the estimated construction cost of the entire protect is $1,075.500; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that said protect is in accordance with the California Environmental Quality Act (CEQA) and adheres to CEQA Guidelines; and WHEREAS, the protect is ready to be adverfised for the solicitation of bids. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows Section 1 That the Hulme Ave. & Shirley Ave street improvement protect, the Imperial Highway street improvement protect, and the Carlin Ave street improvement project is in accordance with the California Environmental Quality Act (CEQA) and adheres to CEQA Guidelines Section 2. That the City Council of the City of Lynwood adopts the Plans, Specifications and Working Details for the Hulme Ave. & Shirley Ave. street improvement proiect, Project No. 4011 67 949 and 4011 67 991; the Imperial Highway street improvement project, Project No. 4011 67 990; and the Carlin Ave street improvement proiect. Proiect No 4011.67.966 Section 3. That the City Council of the City of Lynwood authorizes the solicitation of bids for said project. Section 4. This resolution shall go into effect immediately upon its adoption. Section 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15th day of April, 2008. Maria T. Santillan Mayor ATTEST. Maria Quinbnez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L Haley City Manager APPROVED AS TO CONTENT G Daniel Oieda, P.E., Director of Public Works !City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) t, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Councl of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: AYES NOES ABSENT City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) !, 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 City Clerk, City of Lynwood AGENDA STAFF REPORT ,- `t~~, DATE. Aprrl 15, 2008 TO Honorable Mayor and Members of t e nwood City Council APPROVED BY~ Roger L. Haley, City Manage ~-,;~~~ PREPARED BY G Daniel Ojeda, P E , Director o Public Works/City gr eer Elias Saikaly, P E., Public Works Engineering Manager SUBJECT Rubberized Asphalt Concrete Grants RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RUBBERIZED ASPHALT GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION AND ACCEPTANCE DOCUMENTS". BACKGROUND: The California Integrated Waste Management Board (CIWMB) provides a Rubberized Asphalt Concrete (RAC) Grant Program to local agencies to promote markets for recycled-content products derived from waste tires generated in California and to decrease the adverse envrronrnental impacts created by unlawful disposal and stockpiling of waste tires. This is a competitive grant program This grant program is funded by SB 369 (Simitian, Statutes of 2007, Ch 300) for Fiscal Year (FY) 2007/2008 which provides $3,020,583 for repeat users of RAC. There are no match fund requirements for this grant. The total grant award is based on a reimbursement rate of $5 per ton of RAC used and maximum grant award per junsdiction is $250,000 DISCUSSION & ANALYSIS: To complete the grant application, local agencies are required to adopt a resolution approving the submittal of such grant and have an approved recycling product purchasing policy The city has already adopted a recycling product purchasing policy_~ - ~,+.-Er~3sai~.._a ~ i-~ ,:~r~,n 6 I i. The grant term for all RAC Use grant is from the Notice to Proceed date from CIWMB through April 2, 2010 Dead line to submit the application has been set for May 2, 2008 Fiscal Impact: The maximum grant application amount is $250,000 Coordinated with: Finance Department and City Attorney's office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RUBBERIZED ASPHALT GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION AND ACCEPTANCE DOCUMENTS WHEREAS, Public Resources Code Section (PRC) 42800 et seq authorizes the California Integrated Waste Management Board (CIWMB) to establish a grant program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled-content waste tire products, and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by individuals, businesses, local governments and research institutions under the program, and WHEREAS, said procedures established by the CIWMB require the applicant to certify, by resolution, approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows Section 1: That the City Council approves the submittal of an application to the CIWMB for an SB 369 Rubberized Asphalt Concrete Grant Section 2. That the City Council authorizes the City Manager, or designee, as agent of the City of Lynwood to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the protect as described in the grant application Section 3: This resolution shall take effect immediately upon its adoption PASSED, APPROVED AND ADOPTED THIS 15~h day of April, 2008. ATTEST: Maria Qum6nez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Maria T Santillan Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT G. Daniel O~eda, P.E Director of Public Works /City Engineer STATE OF CALIFORNIA ) Ss COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the AYES NOES ABSENT day of _, 2008 City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ss I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No on file in my office and that said resolution was adopted on the date and by the vote therein stated Dated this day of 2008 City Clerk, City of Lynwood Date: April 1, ?U08 California httegrtted Waste management Board ATTN: RAC Use Grant Program Financial Assistance Division, 9th Floor P.O Bos -4U'_ Sacramento, CA 9312--40'_i To whom it may amcern. Enclosed, please find the Grant Application fur the Rubberized .asphalt Concrete IRA(_') which incluiles the followings. I . Grant Application CertiLcatx~n 3. Enviromnental Justice Certification 3 California Tire Rubber Certification a. Kcsolution and letter of Authorization Environmentally Preferable Purchases and Practice Pultcy (.. Application Cover sheet Certification 7. Project Dettil Description Sheet Should you have any yues[ums. please contact our i~ttice at ~ 1 ti-6U ±-0?2U Sincerely G. Daniel Cljeda Director of Public Works CipQSO ~ ~RACGrautApplicatxutLetter September 2007 California Environmental Protection Agency EeE2 California Integrated Waste Management Board (CIWMB) .... Rubberized Asphalt Concrete (RAC) Use Grant Program APPLICATION Fiscal Year (FY) 2007/03 RUBBERIZED ASPHALT CONCRETE (RAC) USE The RAC Use ~ ;rant Program i. aimed at regular Uepeat) users of rubberized asphalt concrete I RAC). A lurlsdretion can apply for multiple prolect tvrthm a gran[ cycle and can rcapph' m subsequent cycles This grant pru,~ram has a se[ per ton "reunbursement rate" tur use of RAC APPLICANT ELIGIBILITY Crties, counties and yuallh mg Indian tribes that fund public works projects located m Cahfinnia For the purposes of this rant prorant "quallh mg lndlan tribes"are detined as art Indian tribe, band, nation, or other organized group orcotnnnmm'. res+dmg within the borders of Callfitrnia, which 1s rec~+gn¢zd as eli,ible for special liro~rams and services provided by the United States to Indians hecause of their status as Indians PROJECT ELIGIBILITY • Pri+lects must use a minnnum of 1,350 tons of RAC, but mat rue unlimited anxnuits in RAC • The RAC must contain a nuninnun ot_0 pounds of crumb rubber per tun of Ito[-nux rubhcrinil asphalt • The RAC must be made li'om 100"•o recycled Cahfi~rnla waste tires • Projects must be located m Calrfomr,+. FUNDING AVAILABLE • $3,0'_0,533 is expected tie be available tw Fl"007/03. • Mawnum grant award ;rvailable perjurudlchon 1s $350,Ot1O • Total ,rant award is based on a reimbursement late of 9~5 per Ion of RAC used • Ten percent of the total fintdutg availahle well be set aside to fund prolects from eli,rbk rural entities. For the purposes of this grant pro,ram, °ellg+ble rural entih-" 1s defined as. an enht)~ within a Cahform;t count`' drat has s populaUOn of -4011,0110 ur lees (accurding to the '(100 f! ti Census) GRANT TERM As much as' ',tzars, depending upon the quarter in which the appliruiun was submitted The official start date fur each rant will be stated m a tunnal letter or "No[1ce to Proceed" (NTP) from the CIS§'MB nonfymg the gl,vitee ro begin in RAC Llse Grant project Thus. the ~~rant term fnr all RAC Use grants is 6'om the NTP date through April 3, 3010 APPLICATION DEADLINE $ SUBMITTAL Applications must be pi+stmarked by the due date listed belory or hand delivered and received Isee page ' for address) no later than 3 1111 p m gat the following dates • Friday, Januar-v I I, 211113 • Friday. March 7, 2003 • Friday, 64av 2, 2003 Fax or emailed appllcanons w111 not be accepted. Rubberized Asphalt Concrete IRAC) Use Granl Program, FY 2007/08 U.S Postal Service: Cahfin'nla Inlzgratzd \\'astz blana~•zment Board ATTN RAC. l_Ise Grant Pro,'ram Financml Assistance Dtvison, 9"' Floin' P O. Bos 40'5 Sacramznto.CA 95513-40'_5 Conunzrclal Garner or Hand-Dellvereil California F.nvironntcntal Protection Azncy Bwlilln~ California Integrated Waste Managemzut Board ATTN. RAC I_kz Brant Program n, Financial Assistance Drvlsion, 9 Flour 100/ "I" Street Sacrantznto, CA 95314 9pplicatiuns smiled ur sent hr U.S. PosKd .Sen'ic•e or n c«nrnurc/nl delit'err .cerr/ce slr«ulrl he scut hl' rr lire«It.i 1/!«t (//ION'.\' fll! Irneking fit' t/re sender anti thin proride~ «« ruldre~csed « rid doted receipt. Fnilure h7 d« s« is «t the risk of 1lre app/icon/ rind if deliverP i.c de/«I'ed ur the npplicn(/ort is lost hp the Pact O%Jic•e «r rlelir•crl' xen'icct the harden is on lire «pplicnru ro denauls(r«!e li«relP r7r«ili«g «r delirert' «f the «pp(ic«!iarr. APPLICATION INSTRUCTIONS Please complete and submit the tbllowmg required sections of the applizauun pachagz • Application lover Shzzt • Grant Apphcahon CemticaUOns I Environmental Justice Certrfication California The Kubber Certdization Resolution Rzquu~ement ISee page d oJ~rlrr.r .-Ip/'Grarruu urn/ Apprr+Jec U /~n~ rrr„r~a nrl~~nnuuonl a Gnvrri,nmentally Preferable Purchases :and Practices Yolicv (.Saa pugr -l of dm Apphiunrur and.-Ipp~~nrL.c E ja~ ur,. v~r uv/i~r»ran„rrl s ,4pplicatron Cover Sheet Czmfirmun Project Detail Description Sheet APPLICATION FORMAT • Copres One original, with we[ signature 1 blue ink preferred 1. and one cop)' • Paper: S!~_ A 1 L double-skied, single spaced- printed tin 100"'o post zunsuntzr fiber, and nuniltered conszcutivzly Stapled, nut bound upper Izft-hand corner Fi,nt I' pt Timc•s Nzw Roman or comparable font QUESTION-AND-ANSWER PROCESS t?uzshuns about the R.4C Use Application tall/ bz accepted in tarrtin~ Dole, by mail [see [op of page) or email tirzgrantaarcnamb.ca er,v Respimses well be posted on the tvzbsitz at httl?!/tatvw.crtvmbca ~'ot'Trres/Grants/RAC/FV"00703r4pplylQand.4 htm (luzstruns for the RAC Llsz Application must he submitted nu laser than the following dates. • Fndav, December 28, 2007 • FrNlay, February 22, 2003 • Friday, April 13, 2003 Sundar or related questions may hz grouped together or retvordetJ fi,r clari[\' and responded ti, as tine question Rubberized Asphalt Concrete (RAC) Use Grant Program. FY 2007108 J I Alt UE I.ALIEUKNIA GRANT APPLICATION FORM CIWMB 243 (New 10107) UALIEUKNIA IN I t(,VA I tU VVA:, I t MANAr,tMtN 11JUAKU RU ASHA CONCRETE (RAC) U SE GRA P I II APPLICANT / ORGANIZATION INFORMATION �' J l APPLICANT I ORGANIZATION NAME. REQUESTED GRANT AMOUNT: TOTALS FOR ALL PROJECTS @@ City of Lynwood SUMMARIZED BELOW $ 17,000 !I Ij I (POUND AMOUNTS TO THE NEAREST WHOLEDOLLA —__ - - II BULLIS RD, L OUISE ST. TO C EDAR AVE., LYNWOOD CA j! MAILING ADDRESS 11330 BULLIS RD. PROJECT 2 LOCATION (E G, CITY /TOWN, INTERSECTION) TOTAL r CITY. LYNWOOD COUNTY:LOS ANGELES j ZIP CODE 90262 PRIMARY CONTACT NAME G DANIEL OJEDA, P E SIGNATURE AUTHORITY NAME (AS AUTHOPIZED III RESOLUTION, SEE A.PPENGI.x D FUR MORE INFORMATION) j AUTHORIZED DESIGNEE NAME. (IF APPLICABLE ,.4S AUTHORIZED III LETTER. OF AUTHORIZATION - LOA, SEE AFPE3dGi?. D FOR j j MOPE INFORMATION) TOTAL MARIA T SANTILLAN I l i I Roger L. Haley j� PROJECT 6 LOCATION (E G , CITY /TOWN, INTERSECTION) _ TITLE DIRECTOR OF PUBLIC WORKS TITLE MAYOR TITLE CITY MANAGER $ – 310N6 3 FAX NUMBER 0 03 0220 632 5913 II PHOE NUM ER 1__ rEMAIL ADDRESS LDojed @L 310 NE NUMBER. FAX NUMBER 603 -0220 EMAIL ADDRESS Msantillan.lynwood.ca 31 NUMBER FAX NUMBER 603 -0220 1764 - 4908 EMAIL ADDRESS Rhaley @Lynwoo _ ___ ICI INDICATE W HICH T OF ENTITY YOU ARE (CHECK. ONLY ONE) ❑ CITY ❑ COUNTY ❑ CITY & COUNTY LEGISLATIVE DISTRICT NUMBERS ASSEMBLY SENATE 50 district 27` district ❑ QUALIFYING INDIAN TRIBE FEDERAL TAX IDENTIFICATION NUMBER 956000741 Detailed Orolect urtorniation s hould be listed o t he Project Detail Desenphon Sheet on page 5 I! PROJECT S UMMA RY (NOTE SEE APPENDICES = APPENDIX C FOR CAL CULATION EXAMP PROJECT 1 LOCATION IF G , CITY /TOWN. INTERSECTION) ^ I TOTAL it II BULLIS RD, L OUISE ST. TO C EDAR AVE., LYNWOOD CA $3,75 PROJECT 2 LOCATION (E G, CITY /TOWN, INTERSECTION) TOTAL INMP ERIAL HWY, BULL RD TO MARTIN LUTHER KING BL, LYNWOOD, C A_ $6,750 PROJECT 3 LOCATION (E G , CITY /TOWN, INTERSECTION) TOTAL �. CARLIN AVE ATLANTIC AVE TO OLANDA ST, LYNWOOD, CA $6,500 - PROJECT 4 LOCATION (E G, CITY /TOWN, INTERSECTION) TOTAL PROJECT 5 LOCATION (E G , CITY /TOWN, INTERSECTION) TOTAL j� PROJECT 6 LOCATION (E G , CITY /TOWN, INTERSECTION) $ TOTAL -- — $ – Nut,- List nc cs ArYi' Rubberized Asphalt Concrete (RAC) Use Grant Program, FY 2007108 3 ~ ENVIRONMENTAL JUSTICE CERTIFICATION Entinzs that rzcerve Grant hmdin_' h~om CIWMB for this grant program must comply with the following prnciples of Environmental Justice Envuonmzntal Justice rs defined m Government Code Section ti504O 12(cl as " . the fair treatment of people of all races, cultures, and ntcomes with aspect [o the developntznt, adoption, unplementation. and enforcement ofenv«onntental laws, regulations, and policies" Public Resourzes Code Sechnns 71 I lOta) broadly requires all C;drfonna Eneu'onmental Protection A,ency boards, departnten[s, and offices to conduct thou' "programs, policies. and achvrtizs that substanhalh' affect human health or the environment in a manner that ensures the fair u'eahnen[ of people of all races, cultures, and income levels, including minority populations and low-income populations of the state " rCh~eck box LJ ~4PPlizan[ will zi~mpl~' with the principles of Enviromnzntal JtuLCe as dzscnbzJ uhovz - -- - CALIFORNIA TIRE RUBBER CERTIFICATION Check box Applicant certrfizs that all enunb rubber used m the aforementioned pr~~)ect will be denved from California one hundred percem I IOU°o) Califimtia waltz lire. ------_ --- ------__--- RESOLUTION REQUIREMENT Submrt a current approved Resolution for R.4C or lire grants swth vnur application and cheek one box • If applicable, also submit a Letter of Authonzation 1 LOA) fi+r st,nahtre designer_ _ _ _ _ _ Check one box ~ See.4pp~'a,/ir D %or ur%nrnnninr, a,ui eca«tp(es _ __-- __ ^ ~ ~ - ,4 current approved Resolution, valid far cafe year-+s enclosed in the applrrrtton -- _ - ~ i x A current approved Resolution, valid up-to-five years, rs enclosed) in the application i bV'e azknowledrz that om~ approved Resolution must bz rezerv'zd b~~ the C[WMB no later than li ^ 3l) days +ttzr the applrcation deadline date, nr that the application will not he considered hx I award __ _ ENVIRONMENTALLYPREFERABLE PURCHASES AND PRACTICES POLICY_ - ~ Acknowledge thatyum oraanizauon has an Environmentally Przterable Purchases and PracI1Q~ Policy by checking 'i ~ the box. Failure to subnut an acknowledgement wdl delay consideration of the application for a ~•rant award ~I Check box i See Appenri,.c E>o, eaar»pk anrf Non%ieurr~ n Fa',n ~ i Yes, our or;aniuttion has an Environmentally Preferable Purchases and Practi~cs Policy I j ~ Date adopted ''00> _ ~- No, our or,anrzation does not have an Environmentalh~ Preferable Purchases and Prau+ce. Pnhcy N'e acknowledge [hat our orvaniza[ion must adopt one and notify the C I\\'A7B of such adoption by no ^ later than 30 days after the application deadline date, or that the application will not be considered for ~, award INIPORTANT! See Appendix E for notification form. ~APPLICATION,GERTIFICATION - Certification: l declare, under penalty of perjury, under the laws of the State of California, that all information i submitted for CIWMB's consideration for award of grant funds is true and accurate to the best of my knowledge. ` -I - - - .SignarureArrthariry'Arrldori~edDesignee Dale (us unllmri_ed i« Resolution ar Letter of~.4«Ihurization - LO.iI_ _ ___ J - -- _____-___ __________-._ _..~ I- -- ' ' e i f f ublic \ti'ork Dir r t G. Daniel O eda Trn~, nr Pri» 7 ,'V.nur _ ec o o i Tit(t' I. ov RUBBERIZED ASHAPLT CONCRETE (RAC) USE GRANT PROGRAM Rubberized Asphalt Concrete IRAC) Use Grant Program. FY 2007/08 PROJECT DETAIL DESCRIPTION SHEET All plOJCCts should b li sted in the proj suns narn section on pMg i of the applicahi n PROJEC INFORMATION LOCATION (E G , CITY /TOWN, INTERSECTION) B U LL I_S RD L C A_____ fllI�IT C� � LIIVII I J �� v , , vv ,r I.LL, v. • . v.... .. .. ..... � r Ly R d. to Ced Ave. S CONSTRUCTION STARTING AND COMPLETION DATES JU 20 0_9 T O , � OCT ______ -_" _ 2009 TYPE OF RAC J� ASPHALT- P.UBBER ❑DRY PROCESS ❑ TERMINAL BLEND ❑ OTHER (TYPE _. AMOUNT OF CRUMB RUBBER PER TON OF RAC (I E. WT OF RUBBER IN BINDER X PERCENT BINDER IN HOT MIX) 18-25 9 LENGTH OF PAVING WIDTH OF PAVING DEPTH /THICKNESS OF PAVING 14 FT 4 4 F - _ -- - -- _ -- - - _ -- -_?.._ L� PRO JECT 1 CALC (Note See Ap penclic es -.41 wndix C' jor calculatio eramplrl - -_TT "� I _AMO OF RAC U S_ ED IN PR (IN TONS) � X REIMBUR R ATE ($ - I _TOTA 1 750 X $5.00 $3,750 PROJECT 2 INFORMATION - LOCATION (E G , CITY /TOWN, INTERSECTION) s ii IMP ERIAL HIGHWAY _ LIMITS (E G , POSTMILE, OR POINT A TO POINT B) - BULLIS RD TO MARTIN LU THER KIN J BL `. CONSTRUCTION STARTING AND COMPLETION DATES F EBRUARY 2009 TO MAY 2009 TYPE OF RAC R 9T ASPHALT- RUBBER ❑ DRY PROCESS ❑ TERMINAL BLEND ❑ OTHER (TYPE) , AMOUNT OF CRUMB RUBBER. PER TON OF RAC (I E, WT OF RUBBER IN BINDER X PERCENT BINDER. IN HOT MIX) 18 - 25 LENGTH OF PAVING WIDTH OF PAVING DEPTH /THICKNESS OF PAVING 1 650 — . �0 __ - - - = - 2 - = -- - - - - - -- - - - P ROJECT 2 CALCULATION (N(?te: See.4 ppendrees - .d pperrdn C J or calcalanon ecam ale) AMOUNT OF RAC USED IN PROJECT (IN TONS) X L REIMBU RATE ($5.W/TgNL� _ ! -_ - -_ TOTAL -_I 1350 X $5.00 s = $6,750 i PROJECT INFORMATION ', - • - __ _ LOCATION (E G , CITY /TOWN, INTERSECTION) CARLIN AVE LIMITS (E G , POSTMILE, OR POINT A TO POINT 6) 1 AVE TO OLANDA ST. _A TLANTIC CONSTRUCTION STARTING AND COMPLETION DATES C NOVEMBER 2008 TO FEBRUARY 2 009 TYPE OF RAC ASPHALT- RUBBER ❑ DRY PROCESS ❑ TERMINAL BLEND ❑ OTHER (TYPE) AMOUNT OF CRUMB RUBBER PER TON OF RAC (I E, WT OF RUBBER IN BINDER, X PERCENT BINDER. IN HOT MIX,) 18-25% LENGTH OF PAVING WIDTH OF PAVING DEPTH /THICKNESS OF PAVING � 1350 t9 _ -- PR OJECT 3 CA (Note See.a ppendre's - Ap pendix C %or calculation ecauu AMOUNT OF RAC USED IN PROJECT (IN TONS) X REIMBURSEMENT RATE ($5.001TON) _ TOTAL 1300 X $5.00 = $6,500 PROJECT 4 INFORMATION. .. - - - Rubberized Asphalt Concrete (RAC) Use Grant Program, FY 2007/08 5 r LOCATION (E G., CITY/TOWN, INTERSECTION)" LIMITS (E G , POSTMILE, OR POINT A TO POINT B) ! CONSTPUCTION STARTING AND COMPLETION DATES i - - ----- -------- ----------------- TYPE OF RAC ^ASPHALT-RUBBER ^ DRl' PROCESS ^ TERMINAL 6LEND ^ OTHER (TYPE) _ __ -_ ~_-___ AMOUNT OF CRUM6 P.UBBEP. PER TON OF RAC (I E , WT OF P.UBBER IN BINDEP. X PEP.CENT 61NDEP. IN HOT MIX) ~_--. ---_-___-- I T i DEPTH/THICKNESS OF PAVING LENGTH OF PAVING i WIDTH OF PAVING ___ _ _ __ . L--_ __- --___ __-_-_---- PROJECT4CALCULATION !Note Scc.-0~pandrecs-.apperr,lrrCf~rcul~tdonnrrerantp(e) _ AMOUNT OF RAC USED IN PROJECT pN roNS)T X ~ REIMBURSEMENT RATE ($5.OOhoN) ~_ ~ TOTAL _ I 1....~~m.s.,.mn.~ gp-PROJECTSINFORMATION .~® m~s_~a _ _-___ _ _ 3 LOCATION (E G ,CITY/TOWN, INTERSECTION) ~~ S (E G , POSTMILE, OR POINT A TO POINT B) ) CONSTRUCTION STARTING AND COMPLETION DATES TYPE OF RAC ^ ASPHALT-RUBBER ^ DRY PP.OCESS ^ TERMINAL BLEND ^ OTHER (TYPE) AMOUNT OF CRUMB RUBBEP, PER TON OF RAC (I E , tM GF RUBEER IN BINDER X PERCENT 61NDER IN HOT MIX) LENGTH OF PAVING -~-WIDTH OF PAVING DEPTH/THICK.NESS OF PAVING _ _ I ___ ___ __ _ _ PROJECT 5 CALCULATION (]Vale ,Sec .a~panrirces -.-lppamlrr C jc~r colculnuon eaamplel _-- __-_- - __-- AMOUNT OF RAC USED IN PROJECT pN roNS) X _~ REIMBURSEMENT RATE ($S.OOIroN) T= ~ - _TOTAL - X $5.00 ~ $ PROJECT6INFORMATION ~ - ~ ~ ~ ~ - _ LOCATION (E G , CITYITOWN, INTERSECTION) LIMITS (E G , POSTMILE, OP, POINT A TO POINT B). CONSTRUCTION STARTING AND COMPLETION DATES TYPE OF RAC ^ ASPHALT-RUBBER ^ DP.Y PP.OCESS ^ TERMINAL BLEND ^ OTHER (TYPE) AMOUNT OF CRUMB RUBBER PEP, TON OF RAC (I E , WT OF RUBEER IN BINDER X PEP.CENT BINDEP. IN HOT MIX) LENGTH OF PAVING WIDTH OF PAVING DEPTH/THICKNESS OF PAVING PROJECT 6 CALCULATION (Nora See Appan~fices -A perrdrr !.' fnr nrlculanon e.Tam~ __ AMOUNT OF RAC USED IN PROJECT (IN TONS) X REIMBURSEMENT RATE ($5.00/roN ~ TOTAL _ .~.._~_~.,~~.-- --- I X _-sas„ $5.00 ~ _~~.$~Fm~ -- ~ ~ Nora Lral mina pro~.-cls on udJurnna! sJnallsl r1 ue<<~ror~ Rubbenzed Asphalt Concrete (RAC) Use Granl Program, FY 20WN8 APPLICATION CHECKLIST The application chrckltst is prnvtded ibr your comrniencr anil to arrest and ensure your application is atmplrte Grant Application Form (CIWMB 243) L'J ' Appropriate bugs are conytleted on the Grant \ppltcation Form (CI W'hiB_-43 ) Signed, pnntrd name. title, and datril by Signattur Authority iAuthor¢ed Drstgnrr ' j (as authorized m your Resolution or Lrttrr of Author¢ation) I ~. Lest location and ami,unt requested tin' earh prolrct in [he Pro_)rc[ Summary section i ~~ Project Detatl Description Itst tin page 5 ~i Environmental Justice Certification '~ ~, Box a rhrckrd i California Tire Rubber Certification 'I ©~ Bos is checked Prolrcts Irsred mach the Resolution Requirement lhrck one of the following ^ ~, A copy of a rotten[ apprin'ed Resolution, valid for tine }'ear, shall be submrttrd wrth each apphcrttion I ~ ', A ropy of a current approved Resolution, valid for up-to-frvr years, shall he submitted with rash appltcatton ~ ^ ', Acknowlyd,~e a cutlrnt approved Resolution one well hr sent nn later than 30 days after the application deadline dale, or that the application will not he consrdered for award ', ~ If apphcaMr, also submit a Lrttrr of Authuriuuion (LOA) for Authorized Designer ~~ ii i Check appropriate hnx(esl ~~ ' 'Note See .9ppnntr, ~:~ -- dppemla D 1~~r R.~o6tlt~m and Lcuer ol.-0dllorv-amm tLi+.J1 ml~,rnwm+n rend euvn/~(ec Environmentally Preferable Purchases and Practices Policy ~~ r,~ L~I i /~PPropnatr box is chrrkrd i i^ Acknowledge [hat vuur or_'anization has an Environmrnhtlh' Preferable F'urchasrs and Fh'actirrs Policv or that I I one well br sent no later than 3p clays after the application deadlmr date, or that the appltcahou well not br '~i ;considered fir award ~~ I [']~ If apphrablr, also submit :m F.nvironmrntally Preferable Purchases and Pranc~es Police nirtrfiration form ', ~,No4 Se. .Jp/,t(tdt o-.a/,/~en.L.cEJ<-n~E+n'u~orrm.rrlallr Prelere(~lcl'<u.-h~~s>c,md(nrelr~rs Nolen e~.rruph ,rminonlit~rtron I-.--~-_-------'_._____._____.-._______-__.__ ___-___-.-.._. _-_._--____. __- - _-__--_- Project Detail Description Sheet Contpletr prolrct minrntahou for eadt s[r, ,which utcludes, location, Itmits. constnrrtion start and -- ---~~ ~ ~ completion dates, q pr of RAI, amount of crumb rubber per ton of R4t_, length, wraith-depth of paving, ~i amount of R:~C used m prulrrt. and total amcmnt requested Application Submittal ^ 'Copies One original, wnh wet signature (blur mk prrterrcJl, and tine cope ^ ', Paper. R':; X l I. double-sided, sm,le spared, pnntrd on l00°'o post consumer fiber. and numbered ~I consecutively !i ^ 'Stapled, not bound upper IeR-hand corner i ^ ~ Font I? pt Tinter New Roman or crimp:treble font I ^ ,4ddresseJ to [hr apprnpna[e matlm, address of Ihr CIW'~1B ~ - --- Rubberized Asphalt Concrete iRACI Use Granl Program, FY 2007/08 September 2007 California Environmental Protection Agency California Integrated Waste Management Board (CIWMB) _.... Rubberized Asphalt Concrete (RAC) Use Grant Program APPENDICES Fiscal Year (FY) 2007/08 The appendix accompanies the application, which contains grant program information, processes, examples, and definitions. Peg~• Appendix A - Grant Program Ocer~'iew and Guidelines .........................................................................2 Appendix B - Grant Application Re~'iew,.4ward Process and .4dministration ....................................3 Appendix C - Calculation fm' Rcyuest Grant Amoant Information and Example ................................5 Appendix 1) - Resolution and Letter of Authorization tLOA) Information and Examples .................. ti Appendix E - Em~ironmentalh Preferable Purchases and PraMices Policy F,xample and Notification ..................................................................................................................4 F.ubb-ii~~~_l Asphalt ~_oncietc (FIA~'~ nse Grant Prodiam, F'i n(1~i0s: ; Appendix A GRANT PROGRAM OVERVIEW AND GUIDELINES BACKGROUND The California Integrated Waste Management Board [C1WMB1 reczn'zs an annual appropnahon from the Calrtorma Tire Recyclin:; Management Fund (Tire Funi11 to adnnnisrer dte Tire Recycling ,4ct t.Actl (Senate Bill 937, Vurch, Stahrres of 19911, Chapter 351 and relates) le~islstion. Public Resources Code I PRC1 Section -1_'37'_ allows for the awardm, of grants to public enuttes for fwtdmg of public works projects that use rubberized asphalt concrete 1 RAC) The RAC l_ISe Grant Proenun is armed a[ re~,ular Ircpzat) users of RAL' A IurisdicUan can apple ftx nndnple projects +vrthm a ~~ran[ cyzle and can rr-apply in subsequent c~ cles The., kraut program has a sr[ per ton '1'eunbursement rate" tin use of RAC APPLICANT ELIGIBILITY Eligible applicants mdude crttes, zounties, and yualih'ing fndtan u'ibes [hat fund public works pmlects located m California For the purposes of this ,rant program, yualif\ ink Indmn tnhzs are detined a5 an Indian tnhe, band, nation, or other organized group or connnunrty, rzsidmk within [he borders of Caltfornia, which is recognized as eligible for special pmgranu and sen~ices provided by the United States to Indians because of their status as Indians PROJECT ELIGIBILITY Eligible prglects must use a minimum of I?50 rons of RAC and may use unlinnted amounts i~f RAC'. Eligrblz R.4C must contain a nnnunum of _0 pounds of crumb rubber per ton of hot-nux, dznved from I00"i, Calil~~rncr waste tines Projects location must he located wrthin C'ahfonua INELIGIBLE PROJECTS Projects that use crumb rubber derived from non-California waste tires. Pro3ects located outside of California • Yrojec[s that do not meet the eligibility rzquu~enrenls • Prv_lezts that have completed placemendconstruchon of the RAC befure the CIWMB considers the application for award GRANT FUNDING AVAILABLE The RAC Use Grant Program anticipates that ~3A'_O,SS3 will bz available fir FY '_'007/03. subject to funding availability Ten percent 110°.'0) of the allocation +vill be set aside to fund pr+~lects from eligible rural znuncs. For [he purposes of this grant priigram, an eligible rw'al enut` is detined ;ts, an entity within a C:drfnrnui ci~unh that has a population of~F00,000 or less (according to thz'_'000 U S Census) Nfaxinnmt available fundmk per 3unsdiction is $'_'50,000. GRANT TERM The anticipated terns of the Aran[ is approximately hvo yean~ndmk on Apnl ', '1110 The actual grant term begins with recztpt of the Notice to Proceed letter from the CIWMB and gRant expenses ntay not be incurced instil the kranree receives that Notice [o Proceed letter Granters have approximately hvo ~~ears to complete their pro3ect and all costs must be mcun~ed and goods and/or services received during the grant term ELIGIBLE COSTS Eliktble costs well be derernnned by the total RAC tonnakz for all proposed prc~jects multiplied by the reunbursement rare of five dollars per Nn ($~ OOhon1. The maximum saran[ award rs $_'50,000 leyual tip 50,1100 of RACI These costs mast be incurred during the term of [he kraut, i z receipt of the Nonce to Proceed front CI WitiB throukh ,4pnl ', 20111 INELIGIBLE COSTS Costs incurred prior to the receipt of the Notice to Proceed or after Apnl 3, 2010. Rubberized Asphalt Concrate (RAC) Use Grant Program, F's ?007/OE Appendix B GRANT APPLICATION REVIEW, AWARD PROCESS, AND ADMINISTRATION APPLICATION REVIEW ,4ftzr [he close irf the appliattiim penoil, staff will pzrfornt mrtial data entry and a annpkteness review fire each application Program staffwill conduc[art zh,ibilrty review to vznfv [hat the applicant mzets tlu eli,ibilrty vul prniect rzquu'entznts. To diffzrentially rank the proposed applications, thz CI WMB will apply thz pnnnty catzgorizs szyucntially on each project ro derermme the highzst ranking applications Ir.z., catz,on~ hvo will be uszd to diffzrenUatz tted prolzcts aftzr applyutg category onz, category three will be used to diffzrzntiate Ued projects after apph~utg catzgones one and hvo) Category 1 - Amount of RAC used Applications that proposz to use thz greatzst amount of RAC will rzceive hi;hest rank 1 r c ,applications wall be ranked from thosz using hrghzst tonnage of R.4C down to 1,20 tons of RAC I Category, 2 -Amount ofa'umb rubber pzr ton of RAC used. Apphcahons that prop..rsz to usz the greatzst amount of crumb rubber per ton of RAC will recehz higher rank laftzr applying Catz,i~ry L first tiebrrtkzrl This amount well be derennmrd by the amount ofcnunb rubber in the asphalt hinder, mul[iphed by dte amount of hinder used m the RAC or by the pzrczntagz of crumb rubber added pzr ton of RAC Idry process ooh-1 All applications must mezt the minimum crumb rubhzr content requirematt of 211 pounds of ruhhzr per tiro of R;1C Category 3 - Pn~lzct ConsU'uction Date/Readinzss status of pro~ecgs) lafter apply mg C;rtegonzs I and ?, second tizbreaker) Thrs category well be applizd to the RAC prgjzcts as follows Proposed date irf RAC pri~~ect consVUChon (Commencemznt dates closest to application deadline reserve highest rankmgl [f no constnrction datz is given, then the rankm well bz dztermmzd as follows I conlrac[ for the pro~zc[ has t?zen a.+'arded [o contrazlor 1 highzstl 2 conn'aM for the pn~lect has bzen put out to bid 3 amtract for dte pro)zct is in the planning/dzs,n phase I lowzstl All applicants well hz niriitied of staffs reconunendaUOns by mail or email Appro.~unatcly four trzrks after the Board meztmg in whrch [hz application rs considered, applicants selzcted fire ~~rant funding well recent m>tru~lions to mitiare the Grant Agrezment process Thz requirements for properly administerin, this grant will be fully set forth in the Terms and Conditions anJ the Procedures and Requirements of the Grant Agrzemznt CI WD7B reserves the nght to not award any ;rant funds under this program. GRANT AWARD PROCESS Staff will dzvelop funding rzconunendations for the Board's coroideranon during ita quarterh~ (\4arket Development and Sustamahihh Committee meetin; and Board mezhn~ls) in 21105 ([entativzl The C'I W'MB will award grants on a pnonh~ ranking basis. The CIWh9B reserves the n~ht to fund mdrvidual phases of szlzcted proposals, and may thereforz fund an amount less than requested. Should this occur, staff well incorporate additional conditions or changes m the final Grutt ,4greement. CI\4'MB reserves the crept to not award any grant funds under thu program GRANT AGREEMENT Following the Board's approval of grant awards, the successful applicants will be mailed a Grant Agreement Package which includes the Grant Agreement Form (C1WMB 110) and the Exhibits (Terms and Conditions; Procedures and P.ubberized Asphalt Concrete (P.AC) Use Giant Program, FY :'007%0° 10 Requirements; and Signage.) The Authorized Signatory will be required to sign the Grant Agreement Form (CIWMB 110) and return it to the CIWMB within ninety (90) days from the date of mailing by the CIWMB or the grant award will be null and void Grantees are required to pay all outstanding debts due the CIWMB within 90 days from the Board's award date or the grant award will be null and void. As stated in the grant agreement, an applicant must • Certih that any contractors hired for the project are relnil~le C;rantees must cinupletz the Reliable CbntractorDedarahonlCIWD161ti8t.ht[p/h~~+-wciwmhca ociGranislFoims,C'IWti1Bltt3dnc • Provide an acknowledgement of the project GRANT ADMINISTRATION AND REPORTS The requirements for properly administering the grant will be fully set forth in the Terms and Conditions and Procedures and Requirements as mentioned above Grantees are required to submit annual progress reports and a final report. The final report will provide an evaluation of the RAC pro)ect, the amount of RAC used, amount of crumb rubber used, cost, and any other information requested by the Grant Manager The Final Report and Final Payment Request are due by April 2, 2010. Grantees who fail to subiTiit !lie Final Report and Final Payment Request, with all required supporting documentation, by April 2, 2010, may forfeit reimbursement of otherwise eligible costs and/or cause the Final Payment Request to be re)ected CIWMB PAYMENTS FOR GRANT EXPENDITURES Grant funds are paid on a reimbursement bases for costs incurred as specified in the Grant Agreement. All payment requests must include itemizations with documentation of claimed expenses (e.g ,receipts, invoices, weigh tickets, proof of payment, etc) The authorized signature authority or designee (if applicable) must sign the payment request Ten percent (10%) of the requested reimbursement amount from each payment request will be retained until completion of the grantee's obligations under the Grant Agreement At the end of tl~e grant term or upon completion of the grant pro)ect, the ten percent (10%) withhold will be reimbursed after the CIWMB Grant Manager receives and approves the Final Payment Request and Final Report AUDIT REQUIREMENTS All grantees are required to comply with the following provisions: AudiVReeot'ds Access The ,rantee agrees that the C[ WMB, the Bureau of State Audits, or then' designated representatrve(s1chall have the right to review and to copv any records and supportut,~ documentation prrminmg to the performance of this Agreement The grantee agrees to maintain such records for possible audit tam a minnnum of three years after tinal payment or the end of the grant rein. whichever is later, unless a longer period of records re[enLOn is stipulated, or until coniplcUOn of any action :uul resolution of all issues ~~ bleb may arise a_s a result of any IitigaLOn, dispute or audit, whichever is later The grantee agrees to allow the designated representatrve(slaecess tip such records during normal business hours and to allow intrrviesas of anv empl;~~ ccs who mi,ht reasimably have information related to each records Further, the grantee a_rees tip include a similar right of the Smte to audit records and interview staff m any conh'act or subcontract related to pertunnance ~f this Agreement Should CI WMB seek reunbursement of costs paid to a ;rantee as a result of an audit findm:~, dte grantee hereby Rubberized Asphalt Concrete (P.AC) Use Grant Program, F's 2067;08 11 waives am•iurudictumal dzfenses and expressly waives trihal sovereign mununiiv as a defense [o any action m am• court of the State of California tar the rzcovc•q .rt each limds Rubberized Asphalt Concrete (PAC) Use Grant Program, Fi' ~007;~08 lam' Appendix C C-ILCULATIOrti' FOR REQ(!ESTED GR.4NTAA/OLrNT /IVFORAf.9TION.-1;V'D E,l:~1A/PLE l!sz the example calculauim helow to help dz[ermine the requested amount i~f grout[ funds; [he final «rant reunburszment will he dzternnnzd by the achtal total RAC tonnage used for all projects nudupfred ny the reimbursement rate of five dollars per ton ($5 UO/ton), not to exceed grant funds awarded Tahla 1 Prrnert Calculation Example AMOUNT OF RAC USED IN PROJECT x REIMBURSEMENT RATE _ - TOTAL (IN TONS) ~ ($6.OO/TON) The maxnnum an applicant can receive is two hundred fifty thousand dollars '};_'>0,0110 Irquivalent [o wage of 50,000 Ions of fLAI 1 P.ubberized Asphalt Concrete (P.AC) Use Grant Program, Fl 2007/08 1~ RESOLUTION EXAMPLE FOR ALL TIRE GRANTS - 5 YEAR This example is provided for guidance purposes only, which can be modified to cover a time period of less than five years and/or to address a specific grant program or programs. Consult your attorney. ~i'HEREAS, Public Resources Ci~ile Secnnns d'_S00 et seq estshlisheil the waste [ire program ti)r the Stare of California and assigns responsibility for rt, implementahou to the Cahfixnia Integrated Waste Management Board 1 CI W MB 1. and WHEREAS, CI\Vh1B is ;tuthorized to a~+ard grants uniler the waste tare pri~c:ram as rdenttfied m its Fn•e-}"ear Pl~rr+ l;m dre Ii"u+re Tire• Re~~t•c/urk ;1 /~rn~r,+;cnrtvrr F'n{~~'anr. aril WHEREAS, procedures esttblished by the State ofCalii~?rnia and the CI WMB requu~e each ~unsdiction/applicant to cc'~Ttfy by resolution the approval of the lunsdiction/applicant's goreming body for submittal ota grant application bet2a'e submission of said apphcanon to the C[ Wh1B, and ~i'HEREAS, rf a.varded a Brant. (Name of.hrrisdiction/Applicant) ~a ill enter into a Brant •4greement wrth the CIW'~4B for unplementatron ofa tree-related grant NOW, THEREFORE, BE LT RESOLVED that the 1Title of Governing Bodt 1 authorizes the submittal of an application to the CI~'MB for any or all available CI\'vT9B [ire-related grants tin' [he pernd of (Indicate Time Period - un to five dears from date of adoption). BE IT FURTHER RESOLVED that the tTitle of Official) of the 1 Name of Jurisdiction) orhis/her designee is heri•by authorized and empowered to ezc•cute m the name of [he (Name of Jurisdiction 1 all necessary grant related documents, including but not limited to, applications. contracts. agreements, amendments and payment requests. for the purposes of secunng grant funds to implement and carry out the purpose, specified in the grant application) s 1 The ti~regomg resolution yeas passed by the (Title of Governing Bode 1 this dar of , ?t)1.17. Effective '_U07 ATTEST Signed: Date P.ubberized Asphalt Concrete (P.AC) Use Grant Program, F'x' ?007/03 15 ~_~1 c.(ty ~'IAeehng (_'•baQPenges I1Q ~.'~ ~~I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 15101 603-0220 Date' March '_fi. ?00~ California Integrated Waste Management Board Rubherized Asphalt Concrete I ae Grants Financial Assistance Division. 9°i Floor Grants Adnunistrahon F'.O. Bos 1(1'> Sacramatti,, C'A 4itil_-~0_'3 To Whom I[ Mav Concern Etulosed IS an application kx $ 17,000 for the Rubbenzed Asphalt Concrete Use Grants Ry subm rthng this apphca[ion. I am making a cinnnnunent to complete the proposed protect as described m the enclosed applrc aUOn I certih' [hat [his document and all attachments +vere prepared under my direction. and hereby cemh' under [he penalty of pequn, under the la+vs of the Slate of California. that the mfonnation submitted Is true and accurate to the best of niy kno+vleilge and belief I hate aulhonq' to execute a bindm,~ agrcenient on behalf of Citv of Lvn+vuod In addrtum to myself, 1 authorize the follo+vine individual to sign pa~~mem requests and other oftlcial correspondence relating bJ this pngecr C. Daniel 03eJa, P F Duector of F'ubhc l~'orks Cih' of 1.vmeood I 1 ;30 Bullr., rd. Lymvood. CA UI_I?(i _' 310-60;-0"0 fxt 2S7 S nn erc• I+'. ~1 I xtdian Mawr Cih' of Lynwood Appendix E ENN%RONA/E,M1'T,-ILL }" PREFER.~1 BLE PURCHASES' A,NU PR:4CT/C'ES POL/C'I' F_a:~f A1PLE.-I ND NOTIFIG-I TION The following language is presented for example purpose only ENVIRONMENTALLY PREFERABLE PURCHASES The (entity/lurtsdtctionl provides that all departments shall, whenever possible, use recycled products and recycled materials to meet thin' needs This policy is enacted to demonstrate compliance with the Waste M;tnagemertt Reituctiat Act and tb+ter market development for recycled pri~ducts Sze Appendices -- Appendi~ P for detinrtions PURCHASE POLICIES A. All [znuty/lurisdtction) departments .hall use recycled products whenever pruticaMz Special emphasis shall be placed on the purchase of products manufactured with post- consumer recycled mstenals. B. All (entrhdpmsdichonl depamnen[smay, at dtzrr ophim and wrth purchasing concurrence, reymre procurement of designated recycled products or recycled products above the levels reyurrzd by this policy l' The (entity/lurisdretion) shall require its contractors and consultants to use and specdf recycled products in lultillin, contrachtal obligations whenever prxticable D. The lennty/lunsdictionl shall promote the use of recycled products, publicizing its procurement pohcv whenever practicable PURCHASE RESPONSIBILITIES OF RECYCLED PRODUCTS AND MATERIALS COORDINATOR The titles shall coordinate the implementation of thrs policy Hz She will establish a lot of iecyclcd products that shall be purchased by all (enht~:/jurisdrehonl departments whenever practicable ;tnJ will develop the ntultanism tax maintenance, additions, and deletions' to the list of trcvcleil products avadable for procurement Maintenance of the list will uuludz addition of new products containing recycled material as they beaane available and make available to departments specifications on the new proiluc[s along with a list of siggested uses The title will also work with all departments to establish minimum recycled content standards for designated recycled products to maxunize recycled product avstlabilrt>~, recycled content and competition The title will also be respimsible tin- annual policy review ENVIRONMENTALLY PREFERABLE PRACTICES IThe entity/junsdichonl will act to make resource atnservation an integral part of rts waste reduction and recychn, pro,rams The practice ofdiscanim, materials used m the lenhtyµu isilruon) facihues is wasteful of natural t'esources, energy, and money PRACTICE POLICIES I The (entity/jurcdtctronl wdl integrate the concept of resource conservation, mcludin; waste reduction and recyclur~, ut[o rts environmental pro,rams 3 The tentrty/jurisdiction 1 will decrease the amount of waste of consumable materials by al reduction of the consumption of rnnsumable materials wherever possible; bl full util¢atron of all materials priorto disposal; and cl minim¢auon of the use of non-biodegradable products wherever pt,.rble i. The (entity'/jurisdiction) will cooperate whit, and parricyrttc tit, recycling efforts being made by the city and county As systems for the recovering of waltz and recd-clutg are developed within the (entity/)urisdictronl. thee' will participate by appropnateh~ separating and allntt-mg recovery of recyclable waltz products 4 The Izntihvjunsdtction) will purehssz, where tinancially viable, recycled pmdttc[s. The (entity/IurtsdiMion) will also encourage suppliers, both private and public, ro make recyclable products and unbleached paper products available for purchase. 5 Representatives ofthe lenhty/lunsdicnon) will acts-eh~ sdvucate, where appropriate, fur resource conservation practices to be adopted at the local, re,ional, soil national levels P.ubberized Asphalt Concrete (P.AC) Use Grant Program, FY" 20071 0 17 ENVIRONMENTALLY PREFERRED PURCHASES AND PRACTICES POLICY NOTIFICATION Suhnut [his ttotitica[ion to C9W'h1B [hat your or~,atttzation has adopted an Envuonntintalh' Preferable Purchases and Practices Policy. Yiwr or~an¢atiim must adopt one and notrfy [he CINT4B of wch adopUOn by no later than .0 days of the application deadline date or that application will not br convderrd for ;sward APPLICANT /ORGANIZATION INFORMATION GRANT PROGRAM NAME Rubberized Asphalt Concrete Use (RAC Use) APPLICANT /ORGANIZATION NAME Cih' of Lynwood P (MARY CONTACT NAME. ~ (:. Daniel Ojeda __ -_ TELEPHONE NUMBEP. 310-603-11220 TITLE: ~ Directoof Public ~1'orkc ___--_ _ ~i FAX NUMBEP, it 310-G32-5913 ---- t i --- `EMAIL ADDRESS ;~ LDojedaia~ll'mvood.ca.us - -- -- _- -- - h _ box _ _ _-- __' l es, our organization has an Environmentalh• Preferable Purcha±es and Practices Policy ~, ~~ ~ Date adopted '_'005 _ ~ ~ -- __- r Certification: I declare, under penalty of pery'ury, under the laws of the State of California, that al~ award of grant funds is true and accurate to II information submitted for CIWMBs consideration.for , t the besfof my knowledge. I i I ICI F I X , I Signature Authority/Authorized Designee Date ~ 'i (as authorized in Resolution or Letter olAulhonzahon-LOA) .I G, Daniel Ojeda Director of Public Works ,i Submit no[dication to California Integrated Waste Mana~emen[ Board Rubberized Asphalt Concrete Use Grant Program Financ~al Assistance Division, 9°i Floor P.11. Boe d(1_5 Sacramento, CA 95812-025 (91(1 3~1-5062 -phone IMPORTANT! Your or~an¢ation must receive an email con fumaLOn from CIWMB than thu noutication was received P.ubber>_sed Asphalt Concrete (P.AC) Use Grant Frogram, Fi' ~l)07jU; 1° ,,~ AGENDA STAFF REPORT ~. ~~~ .. .~~;,~ . DATE April 15, 2008 TO Honorable Mayor and Members of the ty Councrl APPROVED BY Roger L Haley, City Mana r PREPARED BY Lorry Hempe, Assistant City Manager`~j~ H. Ernre Nrshii, Housing Manager SUBJECT APPROVAL OF A SECOND AMENDMENT TO A CONSULTING AGREEMENT WITH SHARPP PROPERTY MANAGEMENT Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD APPROVING A SECOND AMENDMENT TO A CONSULTING SERVICES AGREEMENT WITH SHARPP PROPERTY MANAGEMENT; FINDING THAT THE EXTENDED ENGAGEMENT OF SUCH MANAGEMENT SERVICES IS MORE ECONOMICALLY AND EFFICIENTLY EFFECTED THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED BY THE LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT." Background: The City of Lynwood purchased two triplexes located at 3254 Palm and 3250 Magnolia utilizing a cornbinatron of HOME funds and 20% Housing set aside funds. By purchasing these properties the Agency avoided the loss of over a million dollars of HOME funds. As there is insufficient staff to manage the triplexes, on or about August 2007, an informal Request for Proposals ("RFP") was conducted to find a qualified management company to manage the properties Staff contacted Braebant Management, Camacho Realty, Ricardo Castillo, Westlake Realty Group, Capital Realty Advisors, and Ompiveros Construction (to name a few). After negotiation, Sharpp Property Management was the lowest responsible bidder and the contract was awarded to Sharpp Property Management in August 2007 for an amount not to exceed $12,000. Staff negotiated a 20% reduction in the Sharpp Property Management fee from $3,600 a month to $3,000 a month (Only one other company, Ompiveros Construction and Management, responded in writing to the bid. Omprveros Construction bid $4,200 a month) On January 2, 2008, the City approved an extension for two months Due to a change in Agency Counsel, additional negotiations regarding the ultimate lease-sale of the property, renegotiated price based upon recommendations, and negotiated terms related to exterior :t%'a'.DA ~:~t improvements to the site, staff will need some additional tune to work on the details and make this project excel. Discussion & Analysis: Pursuant to 6-3 13 (a) (2) and (3) of the City's purchasing ordinance permits the City to enter into an extension of the existing contract Under Section 2 "When the supplies, equipment, services or contract could be obtained from only one (1) source and if the Council find, by Resolution adopted by not less than four-fifths (4/5) of its members, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure. In the present situation, it does not make financial sense to conduct a formal RFP to find other companies to replace Sharpp Property Management for up to four months Most property management companies contacted did not want to set up a management and maintenance system for a few low income tenants for a short period of tune In addition, Sharpp Property Management has received positive feedback from the tenants as it relates to their responsiveness in managing the property. The duties Sharpp Property is performing include • General maintenance of units, not including rnator plumbing or electrical work • Monthly rental collection • Oversight of contractors secured for the client • Weekly property clean-up including mowing lawns, maintaining landscaping (trees, bushes, etc ), sweeping driveways and other hard surfaces • Removal of graffiti within 24 hours • 24-Hour Availability in the event of an emergency • Clean up and preparation of vacated units for rental • Advertising of vacant units • Screening of new tenants including employment verification and reference check of other landlords • Regular checks to maintain tenant occupancy • Monthly accounting of rent receipts and property management expenses • Weekly report to the owner or designated representative • Repairs up to $300 per individual repair Any repairs conducted by an independent contractor to Consultant shall be screened, contracted with, and supervised by Sharpp Property Management. Within this year Sharpp Property Management has found qualified low cost contractors to install new and safe wall heaters in an expeditious manner, corrected significant electrical issues, eliminated pest and vermin issues with licensed contractors, identified code enforcement issues, and acquired quotes for mator tree work all as part of Sharpp's contract If approved, Staff will be utilizing account 9752 70 801 67423 to pay for these services Fiscal Impact: The Fiscal Impact may be $12,000 It is expected that contract negotiations will be completed and only $6,000 of management services will be regwred Coordinated With: Finance Department Agency Counsel RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO 2 TO A CONSULTING SERVICES AGREEMENT WITH SHARPP PROPERTY MANAGEMENT; FINDING THAT THE EXTENDED ENGAGEMENT OF SUCH MANAGEMENT SERVICES IS MORE ECONOMICALLY AND EFFICIENTLY EFFECTED THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED BY THE LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT WHEREAS, the City of Lynwood has, after engaging in an informal Request for Proposal procedure, entered into a Consulting Services Agreement ("Agreement") with Sharpp Property Management to manage 3254 Palm and 3250 Magnolia, and the agreement is set to expire in March 2008, and WHEREAS, the City is still in need of management services for 3254 Palm and 3250 Magnolia until July 3, 2008; and WHEREAS, previous potential bidders refused to bid on said management contract due to its short term nature (at that time not to exceed five months); WHEREAS, the Crty of Lynwood is currently evaluating two proposals to acquire, rehabilitate, manage/sell the above named properties to two Community Housing Development Organizations, and WHEREAS, the current tenants located at 3254 Palm and 3250 Magnolia have expressed satisfaction with the management services provided by Sharpp Property Management, and WHEREAS, it would be inefficient and impractical to attempt to engage a management company to manage the two properties for a maximum of four months, and WHEREAS, there is insufficient staff to manage, maintain, and take tenant calls 24 hours a day for the above noted properties, and WHEREAS, the combined amount of the previous Agreement and Amendments exceed the $15,000, thus triggering Council review and approval, and WHEREAS, pursuant to the Municipal Code the City may utilize an alternate procedure to authorize the procurement of services so long as 4/5°i vote is received in favor of said alternate procedure. NOW THEREFORE, the City of Lynwood does hereby find, order, and resolve as follows: Section 1: That the City approves the selection of Sharpp Property Management to manage 3254 Palm Avenue triplex and 3250 Magnolia Avenue trrplex Section 2: That the Mayor shall have the authority to execute Amendment Number Two to the contract with Sharpp Property Management for an amount not to exceed $12,000. Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 15th day of April 2008 ATTEST. MARIA QUINONEZ CITY CLERK APPROVED AS TO FORM FRED GALANTE CITY ATTORNEY MARIA T SANTILLAN, MAYOR ROGER L HALEY CITY MANAGER LORRY HEMPE ASSISTANT CITY MANAGER AMENDMENT NO. 2 TO CONSULTING SERVICES AGREEMENT This Amendment No. 2 ("Amendment") to Consulting Services Agreement ("Agreement") is made as of April 15, 2008 by and between the City of Lynwood, a municipal corporation ("City") and Sharpp Property Management ("Consultant") City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide management services to City as set forth in the attached Exhibit A, and WHEREAS, City and Consultant have previously entered into a Consulting Services Agreement, which is set to expire in March 3, 2008; and WHEREAS, Consultant has provided management services under an Agreement which will expire if not extended by the Council, and the Council desires the Agreement to continue in full force and effect no later than July 3, 2008, and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows 1. Consultant's Services. A Scope of Services The nature and scope of the specific services to be performed by Consultant are Property Management for 3254 Palim Avenue and 3250 Magnolia Avenue in the City of Lynwood as more particularly described in Exhibit A B Time of Performance. Consultant shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A 2. Term of Agreement. By reason of this Amendment the Agreement shall be extended to July 3, 2008 or upon thirty days written notice to Sharpp Property Management (the "Termination Date"), unless sooner terminated pursuant to the provisions of the Agreement 3. Compensation Amrndinrm Plo ] m ~_nmulong tiervii rz d:;rccmenl wnh shn~~~ c.npcny Mnin,emznl A City agrees to compensate Consultant for services under this Amendment in compliance with the schedule set forth in Exhibit A Payment will be made only after submission of proper monthly invoices in the form and manner specified by City and shall be prorated for each partial month Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service B Total payment to Consultant pursuant to this Amendment shall not exceed Twelve Thousand Dollars ($12,000), which shall be payable in monthly installments of Three Thousand Dollars ($3,000) C Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices, (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses, and (iii) receipts doaimenting such expenses 4. General Terms and Conditions The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Amendment. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Amendment, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control 5. Addresses City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn Mr Roger L Haley Consultant Sharpp Property Management 5530 Airdrome St. Los Angeles, CA 90019 Attn Rodney Sharpp 6. Exhibits. All exhibits referred to in this Amendment are listed here and are incorporated and made part of this Agreement by this reference Exhibit A -Scope of Services and Time of Performance (one (1) page) Exhibit B -General Terms and Conditions (seven (7) pages) IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates written below. dmendmcnl Tl,~ _' bu'on.ulling Smi.c; Aerccmcm wnh Sharpp Propcrlr Many^_cmcnl i CITY OF LYNWOOD By. Roger L Haley, City Manager Date CONSULTANT By Rodney Sharpp, Sharpp Property Management Date ATTEST By Mana Quinonez, City Clerk APPROVED AS TO FORM By. Fred Galante, City Attorney Amcndmem !Jn_ U~ Qmsul~mg Scnires A@retnanl w,lh Sh;upp Fr~~prnv ~Lina~cnirm i SHARPP PROPERTY MANAGEMENT 5530 AIRDROME STREET LOS ANGELES, CALIFORNIA 90019 (323)394-8897 A proposal to provide property management services I have completed an exterior review of the properties at 3254 Palm Avenue and 3250 Magnolia Avenue, Lynwood, California I know that complete property management is required at both of these locations and we are prepared to provide a full range of services Property Management Services The following are the property management services to be provided and are included in the monthly contract fee • Monthly rent collection and deposit • General maintenance of units, not including mayor plumbing or electrical work, motor repair services for plumbing, electrical or other work is available but not included within this contract • Oversight of contractors secured for the client • Weekly property clean-up including mowing lawns, maintaining landscaping (trees, bushes, etc ), sweeping driveways and other hard surfaces • Removal of graffiti within 24 hours • 24-Hour Availability in the event of an emergency • Clean up and preparation of vacated units for rental • Advertising of vacant units • Screening of new tenants including employment verification and reference check of other landlords • Regular checks to maintain tenant occupancy • Monthly accounting of rent receipts and property management expenses • Weakly report to the owner or designated representative It is here noted that repairs that exceed $300 in total cost per individual repair are not included within the scope of this proposal All such repairs shall he completed by an independent contractor that is screened, contracted wdh, and supervised by Sharpp Property Management It is our company policy to hire local contractors wherever possible To this end, licensed, insured and bonded independent contractors will be used for services as deemed appropriate and cost effective Such services, if less than $300 per service shall be paid by Sharpp Property Management from its monthly management fee The fee for the services as described above is $3,000 00 per month Other services as requested will be billed on a time and materials basis We also have the ability to provide mafor contracting services for substantial rehabihtahon or new construction rf requrred Sharpp Property Management has provided services for a number of satisfied customers for the last five years We are fully insured and our workers are bonded References are available upon request Respectfully submitted, Rodney Sharpp Exhibd A to 2i0 Amendment wdh Sharpp Property Management EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City B Consultant agrees to pay all regwred taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto C Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1 2. Standard of Performance. A Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his/her designee B. The Housing Manager shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder 3. Indemnification. (lmsulun~ Suvn,~. Agrtrmeni Fchihn N A Consultant is skilled rn the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and dunes. B City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, scats, damages, tudgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subtect by reason of or arising out of any intury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement Notwithstanding the foregoing, the provisions of this subsection shall not apply to Clauns occurring as a result of the City's sole negligence or willful acts or omissions C Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City 4. Insurance. A Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below. (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent Defense Consullin_.`.cn'ices ARrerncem E~hibn B costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (u) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent Limits shall be no less than 1,000,000 per accident, combined single limit If consultant owns no vehicles, this regwrement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection If Consultant or Consultants employees will use personal autos in any way on this pro)ect, Consultant shall provide evidence of personal auto liability coverage for each such person. (ui) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses ; (iv) (intentionally omitted) B City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. C All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than A VII D All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262 Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage E Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance oroulluw ~rna..c.. ,~,_rei mcn~ [~hihn R 1 maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it G Consultant agrees that if it does not keep the aforesaid rnsurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary rnsurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City City shall grant such authorization if disclosure is regwred by law All City data shall be returned to City upon the termination of this Agreement Consultant's covenant under this section shall survive the termination of this Agreement 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant rn the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the sub)ect of a copyright application by Consultant 7. Conflict of Interest. A Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement B Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant Consultant's covenant under this section shall survive the termination of this Agreement 8. Termination for Cause. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Consultant The effective date of termination shall be upon the date specified in the Con.ulnrrt ~crv'icr~ A~rrrna-N E~hihn R _ ~ notice of termination Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be Irmited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving wrrtten notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance wrth written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel regwred to perform the services under this Agreement All of the services regwred under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perforrm such services Consultant reserves the right to determine the assrgnment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information subrmitted to the City Manager shall be returned to Consultant after review and shall not be retained by City 11. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreerment, and will comply with all rules and regulations of City relating thereto Such nondiscrimination shall include but not be limited to the following employrment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts Consulung 1rniec. A@nemrni E~hibn Ci 1 for standard commercial supplies or raw materials 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior wntten consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the fast anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered City shall meet with Consultant prior to preparing the written report If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement The Consultant shall at all times comply with such laws, ordinances, codes and regulations The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder 16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or pretudice any right or remedy available to City with regard to such breach or default 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business Consulmtk??nie<~, Agreement 6.hibn (i h hours, or (b) on the third business day following deposit in the United States mall, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City This Agreement supersedes all prior oral or written negotiations, representations or agreements This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk 23. Authority The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. l\~i r:ullin@ Sae'ii et. A^R rmrill F~.luh,l H ~`'°~~ a~ DATE: April 15, 2008 TO: Honorable Mayor and City Cou e ers FROM: Roger L Haley, City Manag ---- i ~, / . PREPARED BY: May L Tan, Interun Drrector of Finance (~_~~.~ ~ ~ t~" ~ .~,,c""` Christy Valencia, Deputy Drrector of Finance SUBJECT: Approval of an Arnendrnent to a Consulting Agreement with Davis Group Consulting Inc to Provide Polling/Public Outreach Services for Reaffirmation of the Utility User's Tax (UUT) Recommendation: Staff respectfully recommends that the Lynwood City Council approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO. 1 TO A CONSULTING SERVICES AGREEMENT WITH DAVIS GROUP CONSULTING INC. TO PROVIDE POLLING/PUBLIC OUTREACH SERVICES RELATED TO THE REAFFIRMATION OF THE CITY'S UTILITY USER'S TAX (UUT) WITH THE PURPOSE OF EXTENDING THE ENGAGEMENT TO NOVEMBER 15, 2008, AND AMENDING THE NOT TO EXCEED AMOUNT FROM $89,000 TO $75,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT". Background: On October 2006 the City of Lynwood solicited proposals and elected to enter into a consulting services agreement with Davis Group Consulting, Inc for an amount not to exceed eighty-nine thousand ($89,000). The consultant was to provide services for. 1) Polling the voters to gauge their support for reaffirming the UUT; and 2) Educating the voters on the benefits of the tax or the implication of not reaffirming it. The public outreach and education approach includes the following components Public Opinion Research Design, conduct and analyze a public research telephone survey to gauge voter sentiment. Strategic Planning Workshop ~ Review survey results with City staff and Crty Council. AG(° ~ni~A ~ Formulate ballot timing and language ~ ITEM Refine the message points for communication with City of Lynwo~ d voters. Toll-Free Information Phone Line Establish atoll-free information hot Ime. / Davrs Group will monitor calls. / Residents can get answers to issue specific questrons. / Residents can request a "Complete Information Package". Direct Mail Brochures / Davis Group will design, produce and mail five separate targeted direct marl brochures. ~ Each mail piece will be sent to approxunately 10,000 households. One-On-One Stakeholder Meetings/Briefings ~ Davis Group will assist in identifying key stakeholders rn the community. / Davis Group will assist rn arranging and conducting briefings of these opinion leaders on the facts of the UUT issue. Complete Information Packages ~ A booklet with all relevant background information will be produced. / The booklet will include arguments for and against, rebuttals and impartial analysis and most frequently asked questions. / The booklet will be available with requests from phone calls, direct mail, web site inquiry or contact with City representatives. Educational Information -Newspaper Advertisements. / Davis Group will design and work with City staff to place newspaper advertisements that outline the issue and encourage readers to obtain more information. PowerPoint Presentation / A PowerPoint presentation with a narrative script will be developed for City representatives to use in the community. Media Relations / Press releases will be developed and released to appropriate newspapers at strategic periods throughout the program. / The Davrs Group will assist staff and other Crty representatives with message delivery Discussion and Analysis: The contract's original term of agreement was based on pursuing the reaffirmation of the utility user's tax at the November 2007 election. However, the original plan did not materialize. In order to include it in the November 2008 election, the consultant has to start working with the City, prepare the timeline and develop the approach noted above, in polling and educating the voters relative to the affirmation of the utility user's tax. The consultant had several meetings with City staff in the past, as well as with City Council. To date, the Consultant has not charged the City for the previous meetings. At the most recent meeting with the consultant and City staff in March 2008, in consideration of the City's Budget situation, the consultant agreed to lower the contract's not to exceed amount from $89,000 to $75,000 Davis Group, Inc. has extensive experience in developing, managing and implementing public information campaigns related to local ballot measures for Southern California cities. At the February 2008 Election, the City of Huntington Park was successful in having its Telecommunications Utility User's Tax (UUT) reaffirmed. Davis Group, Inc. assisted the City of Huntington Park in managing its public information campaign. In 2005, the firm successfully implemented a program for the Huntington Park that gained approval of a property tax assessment for street lighting. Davis Group, Inc. also successfully managed City of Huntington Park's public information campaigns that resulted in their Utility User's Tax (UUT) being reaffirmed in 2003 and their Transient Occupancy Tax (TOT) in 2006. Fiscal Impact: The amount of the contract will be amended from $89,000 to $75,000, which is $14,000 less than the original contract amount. The original contract was appropriated in the Contingency Set-Aside Fund (#1051) and this funding is still available. Coordinated With: City Manager's Office City Attorney's Office Attachments: (1) Resolution (2) Contract RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH DAVIS GROUP CONSULTING INC. TO PROVIDE POLLING/PUBLIC OUTREACH SERVICES RELATED TO THE REAFFIRMATION OF THE CITY'S UTILITY USER'S TAX (UUT) WITH THE PURPOSE OF EXTENDING THE ENGAGEMENT TO NOVEMBER 15, 2008, AND REDUCING THE NOT TO EXCEED AMOUNT FROM $89,000 TO $75,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT WHEREAS, City of Lynwood has entered into a Consulting Services Agreement ("Agreement") with Davis Group Consulting Inc. for Polling/Public Outreach Services related to reaffirmation of the city's Utility User's Tax (UUT), and WHEREAS, proposals were received from Davis Group, Godbe Research/TMG, Tramutola, Moore Lacofano Goltsman, Inc (MIG) and NBS, in response to the request for proposal issued by the City. The proposals were reviewed by City staff; and WHEREAS, Davis Group was selected due to the firm's extensive polling/public outreach experience in governmental area, a history of successful UUT reaffirmation measures in other cities, collective experience of the team to be assigned to the project, and competitive fees; and WHEREAS, the contract has expired and needs to be amended for the firm to complete the scope of work. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, order, and resolve as follows Section 1. That the polling/public outreach services contract awarded to the Davis Group Inc, be extended to November 15, 2008, and the amount be reduced from the not to exceed amount of $89,000 to $75,000. Section 2. That the Mayor is authorized to execute Amendment Number One to the contract with Davis Group, Inc. Section 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of 2008. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Roger L. Haley City Manager AMENDMENT NO. I TO CONtiULTING SERVICES A('.REEItTENT This Amendment No. 1 1"Amendment"Ito Consulting Services Agreemm~t t"Agreentenf'I is made as of APrtl l5, 2005 by and between the City of Lynwood. a nunnegxil cotPor:uum t "Cuy" 1 and Davis Group C'onsultinR Inc ("Consultant"1 Cuy and Consultant are sometunes hereutafrer utdtvidually referred to as a "Party ~ and collectively referred to as the ..Parties... RECITALS ib'I-IEREAS, Ctty desire, to utilize thz services of Consultant as an tnrizpendent contractor to provide consulun~ services to Cny as set forth m the proposal submitted by consultant and the attached Exhibit A, and iL'HEREAS, Crty and Consultant have previously entered uuo a Consulting Services AgreentenL which expired m October 2007: and WI IEREAS, Consultant represents that i[ rs fully duahfied to perform such amsulting sen ices by virtue of rts expenence and the training, education and expertise of its principals and employees- NOy4', THEREFORE. m consideration of performance by the patties of the covenants and conditions herein contained, the parties hereto a~~ree as follows: 1. Consultant's Services. A Scope of Servtces. The nature and scope of the specific services to be petfornted by Consultant m'e as descrdnd m the proposal subnntted by consultant and Exhibit A of this agreement. B. Torte of Perfonnani•e Consultant shall complete the speeific servtres acarrdmg to the schedule of perforutancc which is also set forth m Exhibit A. 2. Perm of Agreement. By reason of this .4tueudntent, the Agreement shall be extended to November 15, 2005 (the "Temunation Date"I, unless sooner terminated pursuant to the provisions of tlus Agreement. 3. Compensation. A. City agrees to crnnpensare Consultant for services under this Agreement m compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specilieJ by Crty. Each invoice shall include a breakdown of all monthly services petfornted to_ether with the hours spout on each service. B. Total payntenl to Consultant pursuant to this Agreement shall not exceed sevcnt~' Gv~ Gm~:ulong Srnaen Agrccmcni thousand 175,!1001. ++~hich shall be payable in the manner stated in Exhibrt A, Schedule of Fces. C. If at the request ofthe City, Consultant is required [o incur out of pocket expenses Unduding but not linutcd to. out-of-tow~t tra+cl and lod~ingl ++hich are above and beyond the ordinar} expenses associated ++ilh pcrh?rmmue of tors .agreement, Consultant shall be entitled to reimbursement of sui•h expenses. Consultanf shall only be reimbursed for (hose expenses +vhich' 1 i 1 appear on Cimsultant's monthh~ invoices: (ii 1 are accompanied by a copy of the Ciq''s written authorization tin' Consuhan[ to incur such expenses; and liiil receipts di~cumenting such expenses d. General Terms and Conditions The General l erms and Conditions set forth in Exhibit B are incorporated as part of thrs Aa~reement. In the event oY any inconsistency between the General Tcmrs and Conditions anil vrv other ex6ihit to this Agreement, the General Terms and Conditions shall control unless it is clear li'om the context that both parties intend the provisions of the other exltibrtlsl to control 5. .4ddresses. Cih' Cih' of Lynwood 11330 Bullis Road Lynwood. CA 90_'6_' Attn: Mr. Roger L Haley, City Manager Consultant Davis Group (i6? l E.rst Pacific Coast Hi~hwa~ Suite 1411 Lung Beach, l'alifonu;r 90503 Attn: Rick Davu 6. F,xhibits. All exhibits referred to in this Agreement are listed here Anil arc incurporateil and made part of this Agreement by this reference. Exhibit A -Scope of Services and Time crf Perliumance 1 two 1_' 1 paged Exhibit [~ -General Terms and Conditions (seven 171 pa~~esl /,!/ SIGNATURES ON FOLLOWING F'AGE Cuisultinc tiervieis A~rcemenl IN WITNESS WHEREOF, the parties Have executed this Agreement as of the dates N~ntten below. CIT1' CITY OF Ll'NWOOD Bv: Maria Santillan, Mawr CONtiULTANT Davis Group Consulting Inc. B~ Rick Davis ATTEST. B_v: Maria Quinonez, City Clcrk APPROVED AS TC1 FORni: By: Fred Galante, City Attorney Date Date C~~mWlinp lavii z. ~\~rzzmau E\H[BIT A SCOPE OF SERVICES AND TIME OF PERFORMANCE SERV'IC'ES The consultant will provide Polling/Public Outreach Services for the Cih of Lynwood. The services will include: I) Pollink residents within the City of on the issue of the I_ttility User's Tax, and ?) Educating the residents on the implications oY reaffirming or not reaffirming the Utility T bee's Tax. THE SERVICE COVERS PHASES: The public education program will consist of the following elements: • Public Opinion Research Davis Group will help design, conduct and analyze a public opinion research telephone survey to gauge voter sentiment about a ballot measure (the °Measure") to be presented to the voters concerning the Utility User's Tax. • Strategic Planning ~y'orkshop Review poll with City staff and Council members as appropriate. This session will assist in the City's decisions on ballot timing, ballot language, and specitic elements of the pri~pi~sal Titis session w-ill assist consultants in retiring the message points frn' a~mnttuuca[ion with the City of Lvmvood residents. • Atoll-free information phone line A toll-tree inti~rmation phone line will be established and its number will be printed on all collateral material. Residents can call to request additional information and get ansvers to issue-specific questions. Davis Group will monitor calls drily and proviile a "Complete lnfixmation Package" to the callers and/or forwarJ their issue-specitic questions to the appropriate Cily staff person for follow-up. • Direct mail infm•mation brochures Davis Group will design, produce and mail five separate targeted direct mail pieces. The ilirect mail will consist of 11" x 17" folded brochures and S.S' x 1 1" jumbo postcards which will be professionally designed and printed in two or tiuu- color based on preference ti'an the City. Each mail piece will be sent to up to 10 (lU0 households. (.-1n ample amount of each of the brochures roil! be delirrred hr t/re Ci/P fire general haarlout and dislributiorr, rend for incHrsion ire the infirrnrntiou pncknges.) • One-on-one Stakeholder meetings/brietings Consulnnf; Sen rr. Agmcm<nt Edubu ?. Davis Croup will assts[ in identifying key stakeholder, m the atmnumity and atruwutg and conducting brtefin~s of these opinion leaders nn the facts of the UUT issue. Complete information packages A booklet consisting of all official background utfomtauon for the assessment will be developed. This mfomtation package wdl contain the :u'guments for and again,[, rebuttals to, unpartial an:dyses, most Ireyuently asked questions, the City's ea~nonuc/service reduction mfonnation tf the UUT is elunmated and other relative inlormation re,ardutg the ballot measure. These packages are made available to anyone seeking additional utformauon ou the measures (via infnnuation phone line. reply card from du'cct mail. web srte inquu'y or through contact +vrth City representatives 1. Educational information newspaper advertisements Davis Group will design and work with Cny staff to place newspaper' advertisements that outline the issue and eucottnt~e readers to ohuun more mfomtation on the ballot measure by directing Them to the information phone lute, or Crty's web site. The cost for newspaper advertisements will be determined and is not a part of die Davis Group program budge[. Educational information posted on the City's +veb site The City's +a-eb site address will be printed on all collateral matenal and mfomtation on the ballot measure will be dest,ned and posted on the City's web srte. Those interested m recervmg additional mfonnation can request tt via a designated e-mail address. E-mails requesting addrttonal mfomtation are to he forwarded to Davis Group and Davis Group will provide a "Complete 6tforntafion Fackage" to the person requesting mforntatinn Issue-specific questions are to be forwarded to the appropriate Coy staff person for follow-up PowerPoint presentation A PowerPoutt presentation with a narrative scrgx will be developed for Ctty representatives [o use m the community The presentation will discuss the ballot measure in detail We reconmtend City representatives make presentations to conununity service clubs, the Chamber of Crnttnterce, senior crtizen groups, homeowner associations and load trade and business ,tvups. The Davis Group will engage m "training sessions" Crty representatives tin the preunCrtn+n. • Media relations Press releases will be developed and released to the appmpnate newspapers a[ strategic periods throughout the prograut. The Davis Group will assist staff and other Coy representatives with message delivery TOT.a /_ FEES Total Cost not to exceed ~i75,00(1 under [his contract Payment will be invoiced monthly +vuh a schedule b:ued on deliverables related to the election date as follows Con;Wun~ Srn'ices Afl~eemrm F~hihtl A Pay ment ticheJule Consulting Firs Polling Direct Mail Data Acquisition and processing Mist Expenses Total $_'.it10 I Ipon tin:drzing contract $2.500 l Ipon final survey questionnaire $5.000 Upon Completion of Strategic Plaiming session $5,000 911 days prior to election $5,1100 60 ilaYS prior ki election SS 1)00 30 days prior to election $13,000 Upon approval prior to fielding $( X50 Upon City approval of mailer 1 $6.950 Upon Citti approval of mailer "' $6.950 Upim City approval ut mailer 3 $6,950 i_ipon Cih apprirval of nuiiler q $6,95[1 ~ lp0^ C Ity 5ppr0v'al Ot nlallel' S $1,750 15 nays prior to fielding suivey $1.500 Invoiced with ri~nsulting Errs as incurred $75,000 Consulting sen¢es Agrcrmcni P~hibil .4 7 C\HI61T B GCNERAL TCRD9S AND CONDITIONS 1. Stain. as Independent Contractor. A. lbnsult;mt is, Ind shall at all times remain as' to Ciq-, a wholly independent contractor. Consultant shall have no power to incur auy debt, oblisation, or liability on behalf of Crty or otherwise act on behalf of City .LS vi agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any ns3ruter, represent that it or auy of its agents or employees are in any manner agents or employees of Cih B. Consultant agrees to pay all required taxes on ~unounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all t,+xes, assessments. penalties. and interest asserted against City by reason of the independent contractor relationship created by this Agreement hi the event that City is audited by any Federal or State aency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relalionship behveai City and Consultant, then Consultant agrees to reimburse City for all costs, indudmg accounting and attorey s fees. arising out of such audit and any appeals relating thereto. C. Consultant shall hilly comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees kr milenmih~ and hold City harmless from any tailure of Consultant to comply with applicable worker's compensation laws City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any anwunt due to Crty from Consultant as a result of Cbnsult:ml's iailurc to promptly pay to City any reimbursement or indemnification arising under this Section 1 Standard of Performance. A. Consultant shall perti~nn all work to [he lughcst pri~lessic-final standards and in a mariner reasonably sitisfscrory to the City Manager or his/her Designee. The C ih Mxna~,er or his/her Designee may from time to hme :LSSin additional rn' diflerent tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or dit7erent tasks or sen~rces shall be performed by Consultant other than those speeitied in Cxhibit A, or those so assigned in writing to Consultant by the City Manager or his/her designee. B. The City Manager or his designee, until bother notice to Consultant, adminrs[er this Agreement and provide for inmtediate supernsion of Consultant with respect to the services to he provided hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perfrrrm the services and duties agreed to be performed under this Agreement, :utD City is relying upon the skill :Ind Ci~n~aJhna ticrvicr. A•,recmrni 6chihn n laiowleilge of Consultant to prrfonn saiii sets ides and duties. B. City and it; respective cleated :tnd appointed boards, officials, officers, agents. employees and volunteers [individually and a~lleativeh. "[ndenutitrrs"1 shall have no liability to Consultant or any i,thrr person for, and Consultant shall indemnify, defend, protect and hold harmless lndenutitees from and against, any and all Itabilitirs, claims, actions. causes of actii,n, proceedings, suits. ilamages..ludgments, liens. Irvtes, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements ta~lleativtly "Claims"). which Indrnurittts may suffer or incur i,r to which lndemnitees may become su~jrat by reason of or artsin,~ out of any injury 10 or death of any prrsonl sl. damage to property, loss of use of property, economic loss or other loss occur ing as a result of or allegedly caused by the Consultant's perfi~rmanar of or failure to perform any srn~iars wider this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subconU~attors. subaonsultants or rmplovrrs, committed in prrfornung any of the services under this .4greenrent Notwithstanding the fore~~oin,~, the provisions of this subsection shall not apply to Claims occurring as' a result of the Citv's soli nrgltgenae or willttd acts or onussions C'. Consultant agrees ro obtain executed indemnity agreements with provisions identical to those set forth in this Section trim each and every subcontractor, subamsultant nr any other person or entity involved by, tor. with or on behalf of Consultant in the prrlonu;wac of this Agreement. In the event Consultant fails to obtain such rndemnity ublig:dions fi~om others as required in this Section. Consultant agrees to be fully responsible cacording to the terms of this Seahon. Failure ~,t the City to monitor conyiliwut with these rrquirenrents imposts no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to inilemnily coil defend [ndenmi[ers as sat forth harem shall survive the termination of this Agreement and is in addition to any rights which City msy have under the law. This indenuty is effective without reftrrnce to the existence or applicahihty of any msurancr covrragrs which miry have been required unilrr this Agreement or any addrttonal insured endorsrmrnts which may extend to City. 4. Insurance. A. Without limiting Consultant's indrmnilication of Indrnutiters pursuant to Station 3 of this Agreement, Consultant shall obtain and provide anJ maintain at its own expense during the term of this Agreement the types and amounts of wsuranar as described below: (il Conuurraial General Liability [nsuranee using [nsuranet Services Ullice Conunereial Grnrrnl fi:abih[y firm CG UO O1 or the exact equivalent. Defense costs must be paid in addition to limits. Thera shall be no cross Itability txtlusion for claims or suits by one insured agamst another Limits shall be no less than $L000,ti00 per oteurrrner for all covtrrd losses and no less than 'F2.000.tt00 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I IAtty Autol or the exact rquivalrnt. Limits shall he no less than l,ppf11i0U per accident, aotmbintd single limit_ If consultant owns no vehicles, this l onsulun~ Sereices A~reemenl I Jubu B requircmeut map' he satisfied by a non-owned auto endonemen[ to the general liability policy descnbed in the preceding sutisecuon If Consultant or Consultant's employees will use personal :tutor in anti' way iui this prgject, Consultant ,hall provide evidence of personal auto Irabiliq~ coverage for each such person. )iii) N'itrkers' Compcns:utim insurance on a state appruveil policy form provndin statutory benefits as required by law with employer's liability limits no less than $ L000,000 per accident for all covered losses.: (iv) Professional Lability or En~ors and Omissions [resonance as:tppropriatc to the profession, wiittcn on s policy form coverage specifically designed to protect against acts. errors or omissions of the consultant and "Covered Professiimal tiervices" as designated in the policy must specifically +ncluile work pertbrnreil under this Agreement The policy lino[ shall be not Irss than $1.000 100 per claim anil in the aggregate. The policy must "pay nn behalf of the insured and must include a provision establishing the insurer's duq- to defend. The policy retroactive date. shall be on or before the el tecUVe date of this Agreement. B. City, its otiicers, officials. employees and volunteers shall be named as additional insureds un the policy) iesl as to conunercial general Inability and auhimotivc liability. C All insurance procured pursuant to these requiremenls shall be written by insurers that are admitted can~iers m the state of Calit~~mis with a Best's ratin; of no less than A.VIt. D All insurance policies shall provide that the insurance coverage shall rent be non- renewcd. canceleJ, reduced, or otherwise moditieil [except tlu~ough the addition oY sdditional insureds to the policy) by the insurance can~ier without the insurance can~ier giving C ity thirty 1301 daps' prior wrnttcn Wooer therei+l. Any such thirty 13tt1 flay notice shall be submitted to CITY via certified mail, return reeeipt requested. addressed to "Risk ~4vtager.'" C ily of Lynwood. 1 1330 Bullis Road, Lynwood, California, 90?6_'. Consultant agrees that it will not cancel. reduce or ~rthenvnse modnly said insurance coverage E. Consult:uu shall subnut to Cnty (i) insw~anee certiticstes indicating compliance with the minimum worker's compensation insurance requiremenls above, and (ii) insurance policy endorsements indicating compliance wrth all other minimum insurance requiremenls above, not less that one t l 1 d;ty pru?r h+ beginning of performance under this Agreement Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement" F. The Consultant's insurance shall be pnmarv as respects the City, its otiicets, officials, employees and volunteers Any insurance or self-insurance maintained by the City, its officers. officials, employees and volunteers shall be excess of the Consultant's insurance and shall nut contribute with it. G. C'onsulcull agrees that if it does not keep the aforesaid insurance m full force and effect. and such insurance is available at a reasonable cost Citv may take out the necess:u'v Consulting Sen¢rs Agrt rmem Erh~bu G' i insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation i,f Consultant and the cost of such insurance may hr deducted, at the option of City, from payments due Consultant. $. Confidentiality, . Consultant in the course o1 its Julies may have access to confidential data ofCity, private individuals. or employees of the City Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for perfurntance of ibis Agreement are deemed confidential anil shall nut he JtscloseJ by Consultant without written authorization by City. City shall grant such authorizahim if disclosure is required by law. All City data sh;dl hr rettumeil [o City upiut the [ennuiation of this Agreement. Consultant's covenant under this section shall survnr the tenninatton of tlus Agreement. 6. Ownership of Work Prroduct. All reports, docwments or other written material developed by Consultant in the perfimnanee of this Agreement shall be and remain the property of City without resu'iction ia' lunitatiim upon its use or dissemination by City. Such material shall not tic the subject of a copyright application by Consultant. Cbnlliet of Interest. .4. Consultant covenants that it presently has no interest and shall not acquire am interest, director iu' indirect, which niav hr affected by the sen ices ti, he perfornteil by Consultant under this Agreement, or which would autflict m any manner with the pertbnnance of its services hereunder Consultant tiirther covenaints that, in performance ,f [his Agreement, no person havine any such interest shall be employed by it Furthermore, Consultant shall avoid the appearance ofhaving zmy interest which would conFllM in any manner with the performance of its services pursuant ro this Agreement. B. l'onsultant covenants not to give or receive any compensation, monetary or otherwise, to or ti'om the ultimate vcndorls) of services to City as a result of the perfomtance of this Agreement or the servrces that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under This section shall survive the termination of this Agreement. 8. Termination for Cause. Should Consultant tail to perform any of the obligations required aFConsultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt t?om City of a written notice of such default or should Consultant violate anv r,f the remts and conditions of the Agreement Crty may tenuinate tlus Agreentcnt with cause upon thirty (301 days' written nouce to Consultant. The effective date of terminanon shall fie upon the date specrlied m the notice of termination. Consultant agree, that in the evrnt of such termination, Ciq~'s obligation to pay Consultant shall be limited to payment only for those services satislacNiily rendered prior to the effective date of termnation. Immediately upon receiving written notice of termination, C onsultant shall discontinue performing sen~ices, preserve the product of the services, :uid tom over to Cih- the product of the services in accordance wr[h written instruction of City. 9. Personnel Consultant represents that it has, or will secure at Its own expense, all f~~nsulling tizrvrr: ;lgrcemall E~hil+tl n personnel requiredt [o pzrtbrnt the services under this Agreement. All of the szrvices required under this Agrezment will be performed by l"onsultant or under its supervision. and all pzrsorutel engaged in thz work shall be qualified to perform such services. lbnsultant reserves the right to detemtine [he :+ssignntent of its owm employees to [he pzrfn'mvtce of Consultant's sail ices under this Agrrentent, but City reserves the right. for good cause, to require Consultant to exclude any employee Front performina~ servizes on City s premises. 10. Financial Conditimr. Prior to entering into this Agreement, Consultant has s'ubnutted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to per6nm the sen ices required by this Agreenten[. Within thirty (30) days of the Lest annrversan of the cfleztive date of this Agreement, and each year thereafter tlu'oughout the tens of this Agrezment, Consultant shall submit such linancial information as ntay be appropriate to establish to the satisfaction of the City Manager that Consultant is in at Izi>_a as sound a financial position as was Yhz case prior to entering into tlus Agrecntent. Financial information submitted to dte Cih' ~9anager shall be retumcd to Consultant after rzview and shall not be retained by l rty. 11. Non-Discrimination and Equal Employment Oppa4unih'• A. Consultant shall not discriminate as trt race. color, creed, religion, sez, marit:+l status. national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. in dtz pertmnance of its sen ices and duties pursuant to this Agrzentznt, and will comply with all odes and regulations of City relating thereto. Such noniliscriminationsball include but not he lunrted to the following: employment, upgrading, demotion, transfers, recn+itntent or recnriuuent advertising', layoff or tenuination; rates of pay or other Ibnms of compensation; and selection for training, inzludmg apprenticeship. B Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state eithzr that rt is an equal opportunity employer or that all qualified applirutts will receive consideratiim for zntployntent without regard to race. color, arced, religion, sex, ntarifal status. national origin, ancesUti~, age, physic+I or mental handicap. medical condition, or sexual onentation. C Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard conuuzreial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Ag'zentent nor the pertunnance of any of Consultant's obligations hzreundzr, without the prior written consznt of Cny, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Prrformancr E~'aluation. For ;+ny Agreentznt in effect tier tw-zlve months or longer, a ttiTitten armual administrative performance evaluation shall be required within ninety (9U) days of the firs[ annrversarv oY the ellec[ivz date of [his Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as Con;ulling Scn~i.c~ Agreement Fzlubrt n the basis for review. and rosy comments or contplautts received by City during the rzvie~+ period. either orslly or in writing, shall he considered. Crty shall meet with Consultant prior to prparing the written repots ll~any noncompliance with the Agreement is Pound, Cih~ may direct Consultant n, con'ect the Inadequacies or, in the alternative, may [znninate this Agrzentent as provided herein. 1-1. Compliance with Laws. Consultant shall keep itself intimned of Stare, Federal and Local laws. ordmanczs, codes and regulations which in any msmter affect tlwse employed by it or in any way aliect the pertitnu:ntcz of nts szt~ ize pursuant to this .4grzemen[. The Consultant shall a[ all times comply with such laws, ordinances codes and regulations. Thz Crt1', rts o87cers and employees shall ni,t hr liable a[ law' or in equity occasioned by lailurz i,f Consultant ti, comply with this Section 15. Licenses At all Untzs dtUing the terns of this Agreement. Consultant shall have in full force and zftect all licenses 1 uuluding a City business license) required of it by law for pertunuanez of the szn•ices hereunder. 16. Non-V1'aiver of Terms, Rights and Remedies. Waiver by zither party of any one or more of the zonditions of perfonn:mce under this Agreement shall not be a waiver oY any other condition i,f perfomtani•e under this .4~~t'zement In nn event shall the making by City of:ury paytnznt to Consultant constitute or be construed as a w:tivzr by City of any breath of awzuant, or any default whni•h ntay then e.eist on the part of Consultant, and the making of any such payment by City shall m no toay impair or przjudice :uty right or remedy available to City with regard to such breads or detault. 17. Attm•ney's Fees. In the event that either party to this Agreement shall contntencz any legal or equitable action or proceeding to enforce or inrerl?ret the provisions of this Agreement, the prevailing party in suds action or proceeding shall bz entil}ed to recover its costs of suit, including reasonable attorney's fens and costs, including costs of expert wititesscs and cintsultants. 18. Notices. Anv notices. bills, mvolczs, or reports required by this Agreement shall bz deemed received on tat the day of delivery if dclivereil by hand during Consultant's regular business hixus or by ftesimile before or during Consultant's regular business hours: or Iii) on the [bird business day tblhnving deposit in ttte United States mail, postage prepaid, to the addresses heretofore set ti~rth in the Agreement, or to such other addresses as the parties may, Gom time to [inst. deslgnare in writing pursuant to the provisions of this section. 19. Governing Lays. This Agreement shall be interpreted, amstntzd and znfimed in accordance with the laws of the State of California. 20. Counterparts. Tlus .4grzentznt may he executed in any number of countznpar[s, eazh of which shall be deemed to be the original, and all of which together shall constitute one and the Sallie II15lrntllenl. 21. Severability. Tf any provision or any part of any provision of this Agreement is found i_i nnillmg Srniie> Agreement Erhib it LS to be invalid or unenforceable, the balance of this Agreement shall remaut in full force and effect. 22. Entire Agreement. This Agreement, and ant' other documents uuorporateii herein by specific reference, represents the entire and integrated agreement behveen Consultant and Crty. This .~lgreemm~t supersedes all prior oral or written negotiations, representations in' agreements. This Agreement may not be ameniled, nor any provision or breach hereof waived, except in a tamitina signed by the Psrties which expressly refers to this Agreement. ~nendments on behalf of the City will only he valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons e.eecuting this Agreenunl on behslY of Consultant warrants and represents that he/she has the authorih~ to execute this Agreement on behalf of the Consultant and bars the authority to bind Consultant to the performance of its obligations hereunder. Consulting (zrv rr< gerermeni F~hihil n °~ ~° AGENDA STAFF REPORT ~~ :~ DATE: April 15, 2008 TO: Honorable Mayor and City Council M ers FROM: Roger L. Haley, City Manag - 11,,.. ,; - -. ~ ' ~' PREPARED BY: May Tan, Interim Finance Director `, i ` ' 1 Patricia Tarin, Financial Analyst SUBJECT: FY 2007-08 Midyear Budget Modifications Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2007-08 MID-YEAR BUDGET MODIFICATIONS." Background: During the Mid-Year budget presentation on February 19, staff presented the proposed revenue and expenditure modifications Since the budget adoption, additional information became available on the City's revenues and expenditures based on the actual collection and spending through the mid-year. Also, based on a forecast of service needs through the year-end and staff analysis, amendments to the FY 2007-08 budget of the City are recommended. The Mid-Year budget amendments are intended to increase staff's efficiency and improve the level of service to our community. Discussion and Analysis: Staff performed an analysis of the City's revenue sources and expenditure line items. Based on the analysis of the actual mid year results of revenue collection and spending as well as the projection of needs, amendments to the City's budget are proposed. Summary of budget amendments Proposed revenue changes to the FY 2007-OS budgets: By Fund General Fund (1011) $(81,902) State COPS Program Fund (2501) 40,701 Impact Fees Fund (2751) 66,000 ACE~,I+?DA Justice Assistance Grant Fund (3801) 30,135 ;; =:fVt Total $54,934 Proposed expenditure changes to the FY 2007-08 budgets: By Fund General Fund (1011) $111,500 State COPS Program Fund (2501) 40,701 Justice Assistance Grant Fund (3801) 30,135 Total $182,336 By Deoartment City Manager $(39,164) City Attorney 157,000 City Clerk 61,500 City Treasurer 3,000 Total $182,336 The General Fund is the primary fund that is impacted by the above proposed budget modifications. The total net impact is $193,402 reduction in the estimated fund balance at year end. Fiscal Impact: The net impact on the General Fund Fiscal Budget is a $193,402 reduction in the fund balance There is a revenue reduction of $81,902 and expenditure increase of $111,500. Please see attachment A. Coordinated With: All Departments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2007-08 MID-YEAR BUDGET MODIFICATIONS WHEREAS, the City Council of the City of Lynwood (the "City Council") adopted the City Manager's Fiscal Year 2007-2008 Budget for the City of Lynwood on September 18, 2007, and WHEREAS, during the mid-year presentation on February 19, proposed budget modifications were presented; and WHEREAS, the net fiscal impact of Budget Modification is $127,402 which includes the net revenue increase of $54,934 and net expenditure increase of $182,336; and WHEREAS, fiscal year 2007-08 budget modifications include additional City Attorney expenditures of $157,000, Travel and Meeting expenditure for the City Treasurer of $3,000, and Election cost for City Clerk Office of $61,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The City of Lynwood budget for FY 2007-08 Budget Modifications are hereby adopted as presented in the City Manager's FY 2007-08 Mid-year Budget Presentation. Section 2. The City Manager or his designee is authorized to make the following budget adtustments to the revenue and expenditure line items of FY 2007-08 as follows: Revenue changes to the FY 2007-08 budget. By Fund: General Fund (1011) State COPS Program Fund (2501) Impact Fees Fund (2751) Justice Assistance Grant Fund (3801) Total Expenditure changes to the FY 2007-08 budget: By Fund. General Fund (1011) State COPS Program Fund (2501) Justice Assistance Grant Fund (3801) Total $(81,902) 40,701 66,000 30,135 $54,934 $111,500 40,701 30,135 $182,336 By Department City Manager $(39,164) City Attorney 157,000 City Clerk 61,500 City Treasurer 3,000 Total $182,336 Section 3. This Resolution shall go into effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of April, 2008. Maria T. Santillan, Mayor City of Lynwood ATTEST: Maria Quinonez City Clerk City of Lynwood Roger L. Haley, City Manager City of Lynwood APPROVED AS TO FORM: City Attorney City of Lynwood STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood City Council, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of 2008, and passed by the following vote AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk Attachment A .Fund .REVENUES _' No Addl(Reduce) :Description':_ „_ DEPARTMENT FUND AMOUNT JUSTIFICATION Revenue will not be realized largely due to Dev Services 1011 (388,000) reduced building permits 1011 306,098 Property Tax increase based on HdL Analysis (81,902) General Fund Subtotal City Manager 2501 40,701 40,701 Dev. Services 2751 66,000 66,000 City Manager 3801 30,135 30,135 Actual Grant amount $140,701 -Estimated during budget Cops Program Subtotal Rev Increase -- New protects already processed/approved are subject to these fees Impact Fees Subtotal Actual Grant amount $80,135 -Estimated during budget Justice Assistance Grant Subtotal ,~ _ „ _ _., 54 934 --ySotal Revenue budgeienhancements _,_. Fund EXPENDITURES,. No ~ _ ,'Addl(Reduce), ,Descnptiori.:_~ ,-,__ _ ,_. DEPARTMENT FUND AMOUNT JUSTIFICATION City Manager 1011 (110,000] Adjusted as per final fee estunate. City Attorney 1011 157,000 To Cover current and future legal cost To Cover all Election expenses including City Clerk 1011 61,500 recall and Nov Election Request Funds for New Comer Treasurer City Treasurer 1011 3,000 Conferences 111,500 General Fund Subtotal Actual Grant amount $140,701 -Estimated City Manager 2501 40,701 during budget 40,701 Cops Program Subtotal Actual Grant amount $80,135 -Estimated City Manager 3801 30,135 during budget 30,135 Justice Assistance Grant Subtotal _ . _ _. 182 336 ~Total Expenditure Budget Enhancements- ''~ AGENDA STAFF REPORT ~~, DATE: April 15, 2008 TO: Honorable Mayor & Members of the Cit ouncil APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Alfredo J Lopez III, Director of Human Resources SUBJECT. ASSISTANT CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT SERVICES AGREEMENT Recommendation: Staff recommends the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE ASSISTANT CITY MANAGER/FINANCE DIRECTOR " Background: The City Manager has selected a candidate for the position of Assistant City Manager/Finance Director and authorized the extension of terms of employment under an at-will employment agreement. The City Manager's decision comes after a Statewide executive search, which included official job postings at various professional, industry-related, diversity and local listings. The process also included an oral interview examination and background check. Discussion 8~ Analysis: During the last quarter, the Human Resources Department has processed up to 21 interested applicant packages for this position. The City Manager's Office was instrumental in screening down and hosting formal interviews with highly qualified top tier candidates. Three top tier candidates were recently scheduled to interview. Following a thorough oral interview, and conditional background check to the satisfaction of the City Manager, the position was offered to and accepted by Mr. Robert S. Torrez currently employed with the City of Burbank, CA The appointment is significant in that the position is instrumental to the FY 08/09 budget preparation process. _-- r. r a r ~TM .: f'+i a r Fiscal Impact: The appointment of the Assistant City Manager/Finance Director fills a current budgeted vacancy Monies for this purpose are budgeted in the FY 07/08 budget Coordinated with: City Manager's Office City Attorney's Office Finance & Administration RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE ASSISTANT CITY MANAGERIFINANCE DIRECTOR WHEREAS, the City of Lynwood is a General Law City under California law and is governed by and elected City Council, and WHEREAS, the management of the day-to-day business of the City is the responsibility of the City Manager, and WHEREAS, under the general direction of the City Manager, the Assistant City Manager/Finance Director will be in charge of the administration of the financial affairs of the City and be Department Head to Finance & Administration, and WHEREAS, the City Manager has directed the Human Resources Department to conduct a Statewide executive search to retain the services of a Assistant City Manager/F~nance Director, and WHEREAS, the City Manager has selected a candidate for the position of Assistant City Manager/Finance Director and authorized the extension of terms of employment to the Assistant City Manager/Finance Director under an "at-will' employment agreement, a copy of which is attached hereto as Exhibit"A' NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS Section 1 The Mayor is authorized to execute the attached at-will ASSISTANT CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT on behalf of the City, subtect to the City Attorneys approval of the form Section 2. The Assistant City Manager/Finance Director is authorized and directed to commence performance of the duties of the position upon the effective date of the agreement Section 3. That this Resolution is to be given effect upon its adoption by the City Council of the City of Lynwood and execution of the same by the appropriate parties. PASSED, APPROVED and ADOPTED this 15`h day of April, 2008 ATTEST: Maria Quinonez, CITY CLERK APPROVED AS TO FORM Fred Galante CITY ATTORNEY Maria T. Santillan, MAYOR APPROVED AS TO CONTENT: Roger L. Haley CITY MANAGER ALFREDO LOPEZ, DIRECTOR OF HUMAN RESOURCES STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 2008. AYES NOES ABSENT: ABSTAIN: MARIO QUINONEZ, CITY CLERK THE CITI" OF Ll'N~b'OOD ASSISTANT CITY' MANACER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT This at-will ASSISTANT C[Tti' MANAGER.%F[NANCE DIRECTOR EMPLOYMENT AGREEMENT ("Agreement"1 is effective the 6'~ day of Mav _'003. by and between the CITI" OF Ll"NWOOD, a general law city and municipal uxporation 1"C'itv'1 and ROBERT S. TORREZ, an individual ("Assistant Crty Manager"). The agreement is contingent upon the completion of a background investigation to the satisfaction of the City Manager. RECITALS WHEREAS, the City Council of the City 1"Council") desires to employ Robert S. Torrez to serve in the at-will position of Assistant Crty Manager for the Cdy, whrch positron rs prescribed by state law and the C'ity's Mumcrpal Code, AND as at-will Fuumce Drrector of the City and other agencies of the Crty (herein collectively referred to as "Assistant Crty Manager"); WHEREAS, assistant City Manager desires to pertimn and assume responsibility for the provisions of professiimal servrces to the City and related agencies; WHEREAS, the parties wish to establish the ternrs and conditions of Assrshutt Crty Manager's servrces to the Crty, whrch will include those duties of the City's Finance Drrector, through this AgKeemenC NOW, THF_REFORE, in consideration of the mutual crn'enants contained herein, the City and Assrstant Crty Manager hereby a}Tee as follows: AGREE<\7ENT lA EMPLOYMENT S DUTIES 1.1 Duties. C'it1' herehy employs Assistant City Manager as Assistant City Manager tier the City to perfi~mi the functions and duties of the at-will Assrstant City Manager, as are customarily pertiirnied by a person in such position, as specified m any position description tier the .Assistant Crty Manager or Finance Du~ector and in the C"rty's Municipal Code (including but not limited to those duties listed at Section 2--J. ± of the Lynwood Munrcgial Codel. and in the Government Code of the State of Cahfi~rnra lincluding but not lunited to those duties listed at Sections}0302 through 40305 and Sections 53x91 through >339_' ? of the Goverrunent Code), and to perform such other legally perniissrble and proper duties and functions as the Council shall, from tune-to-time, direct or assign, including, but not hmiteil to, the duties of Finance Drrector of the City, unless said duties are reassigned by the Council. I."_' Work Schedule. It is recognized that the Assistant Crty Manager rs expected to engage iu the hours of work that are necessary to fulfill the obhgahims of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the Ctty. Thz Assistant City Manager acknowledges that proper perfomnance of thz duties of the .Assistant City Manager will regmre the Assistant City Manager to generally observe normal business hours and will also often regwre the performance of necessary services outsidz of normal business hours. Assistant Cny Manager acknowledges that C"ny Hall is opzn R~tonday thri~ugh Thursday from 7a10 am to (i:00 pm and is closed on Friday and the standard wi>rk week includes ten (10) hours a day, Monday tluough Thursday. Hou'evzr, the City uuznds that reasonable ume off be permitted the Assistant City Manger, such as is customary for exempt employees so hntg as tbe time off does not interfere with normal business. I. ~ Direction. 1112 City shall retain full direction and control of the matuter, means and methods by ~yhich Assistant Crh~ Ntanager performs the services fi)r which he or she is employed hereunder and of the place or places at which such serviczs shall be rendzred. l.~i Enn?loyrnent Status. Assistant City R-Tanager shall sewe at thz will and pleasure of the Council and understands he is an "at-will" employze sewing at the pleasure of Council and subjzct to sununary disnussal without any' right of notice or hewing, including any so-called Skelly heating City may tennurtte the employment of Assistant City Manager at any tune, with or without cause, as' szt forth in Section ?.? below. The Parties aclatowledge that while Assistant Crty Manager is afforded the benefits as detailed at Section 6.0 and those benefits provided other Crty management m accordance with the "Comprehensive Memorandum of Understanding fur Submission to the Lynwood City Council Regarding Lynwood Management Bargaining Group" as may he amended and attached hereto as Exhibit "A" thereinafter "MOU"), ,4ssrstant City Manager is not an employee reprzsented by any bargaining unit and nothing m this Agrezntent or the City's policies or procedures, either uow or in the tirture, are intended to change the at-will nature of thz relaUOnshy,. Asststant City R4wtager shall not be suhtect to the C'tty's Personnel Rules and Re~,ndations. The word "temi' with respect to the "at-will" relationship shall mean during the time Asststant City R4anagzr is employed with the City. I.ti Crtv Docmnents. .All data, s'tudrzs, reports and other documents preparzd by Asststant City Rlanager while performing his duties during the teen of this Agreement shall be hu-rushzd to and become [he property of the City, without restriction a' lrmitatuut on their use. All nieas, mznun'anda, spei•rtications, plans, procedures, drawings, descriptions, computer procu'am data, input record data, wrdten infomrahon, and other materials eilher created by or provided to Assistant City Manager in cotmecuon with the pertonnance of this Agreement shall be held confidzntial by Assistant City Manager to the extent pennttted by applicable law. Such marenals shall not, without the prior written consent of the Comtcrl, be used by Assistant City Manager fur any purposes other than the performance of his duties. Nor shall such materials he disclosed to any person or entity not ttuutected with the performance of sewrces undzr this A~*reement, except as required by law. Lfi FLSA Exempt Status. Assistant City Manager agrees that his positron is that of an exempt employez for the pwposes of the Fatr Labor Standards Act. 2.U COMPENSATION .4ND REII\IBURSEMENT "?.l Compensation. For the sewues rendered pursuant to this Agreement, Assistant City Manager shall be compensated One Hundred Sixty-Tiro Thousand and OQ~IUO Page 2 of 9 Dollars ($162,000.00) annually ("Salary"), whtch shall be paid on a pro-rated oasts bt-weekly at the same tune as other employees of City are patd. Such Salary shall be ad)usted for pa}Toll taxes, workers' rnmpensation and other payroll-related liability costs. '? Annual Salary Revtew. City and Assistant Ctty Manager agree to conduct an animal salary review concun'ently with the atmual perfomtance zvaluation set forth in Section i.it. The Assistant Crty Manager shall receive any Cost of Living Allowances (COLA's) with the Management Benefit Plan. However, merit increases will be hooted to the sole discretion of the Crty Manager. ?.: Effechrating Salan~ Adiushnent. Crty and Assistant CttY Manager agree that any ad)usunent m the Salary paid to Asststant City Manager shall be at the discretion of the City Manager. 3.0 TERM ;.I Commencement cC Effective Date. Assistant City Manager shall commence tits sernces hereunder at 7:00 a.m. Pacific daylight savutgs time on May 6, 300S, which shall also be deemed the effective date of this Agreement. ;? Termination by City or Assistant Crty Manager. The Crty Mmtager may ternunate this Agreement at any tone with or wtthout cause. wtthout notice to Asststant City Manager. Additionally, Assistant Cny Manager may temtinate this Agreement at any time with or without cause, provided he provides City Manager with at least sixty 160) days advance wntten notice prior to the effective date of termination, unless a shover penod is acceptable to the Ctty Manager. Assistant Ctty Manager expressly aa'ees that he shall not be entitled to anY severance pay as the result of the tetntinauon of this Agreement inniateil by the Assistant City Manager, but shall be entitled to the severance provided in Section d.l below if initiated by City Manager, except in the case of ternunation for cause under Section 33 below ;.3 Termination for Cause. Notwithstanding anyrthing herein to the contrary, the Crty may ternwtate Assistant City Manager's employment hereunder for cause for any one of the follotaing reasons: Assistant Ctty Manager's loss of legal capacity; personal dishonesty by Asststant City Manager m perfomung his or her duties hereunder; acts of fraud or misrepresentation or any act of malfeasance or moral turpitude; conflicts of interest or breach of fiduciary duty; Bross negligence or incompetence m perfornting his or her duties hereunder; willful breach by Asststant City Manager of any provision of this Agreement; Assistant Ctty Manager's utsubordtnation or willful fadure to follow C'tty policies, procedures, toles or regulations; Assistant City Manager 's willful and serious nttsconduct; actions by Assistant City Manager that are senously deuimen[al to the reputatwn of the Cny; ix Asststant City Manager's conviction of a criminal offensz. The Crty may also terminate Assistant Crty Manager's employment under this .Agreement for matenal perfomtance deficiencies, other than those listed above, upon written notice to Assistant City Manager, specifying the nature of the perfbnnance deticiencies, and upon Assistant City Manager's failure to unpmve saril deficiencies within thirty (30) days thereafter. Upon terntrnation of Assistant CdY Manager's employment with the City, the Crty shall be under no further obligation to Assistant City Manager, except to pay all accrated but wtpaid base salary to the date of termination thereof. Page 3 of 4 ;.~} Tetmiinahon without Cause. The City may terminate .Assistant City Manager's entployrnent hereunder at any tune without cause; provided, however, that Crty shall, upon the effective date of such temtinahon, pay to Assistant City Ntanager severance as provided for at Section ~}.it belota, and COBRA benetits or worker's compensation as required by law, if applicable 35 Cooperation. After notice of [emanation, Assistant Crty Manager shall cooperate with the City, as requested by the Ctty, to effect a transition of Assistant Crty Manager's responsibilities and to ensure that the City is aware of all matters being handled by Assistant City (\4anager. -4.0 SEVERANCE -{.l Severance Pav. Except as provided m Section 3. ;, should City elect to terminate the services of Assistant Crty Manager hereunder, City shall, upon the effective date of such tenninahon, pay Assistant City Manager the amount equal to the sum of five (it months of hu Salary (as detined in Section ?.I above. yet calculated on a monthly basis), excluding the value of anv other benetits, as and for severance pay. d? Sole Rights. The severance rights provided m this Section -}? shall constitute the sole and only entitlement of Assistant City Manager in the event of the terntination, other than for cause, and Assistant City Manager expressly waives any and all other rights except as provided herein. Any and all severance rights are conditioned upon execution of standard "Ageement of Separation, Severance and General Release" attached hereto as Exhibit ,.B „ S.U PERFORMANC'E E~'ALLIATIONS. 5.1 Pu ose. T}te performance review and evaluation process set Huth herein is intended to provide review and feedback to Assistant City Manager so as to facrhtate a more effective management of City. Nothing herein shall be deemed to alter or change the employanent status of Assistant City Manager (as set forth m Section L? abovel, nor shall this Section ~.U be construed as reyurring "cause" to terminate [his A~eement, or the serrorces of Assistant City Manager thereunder. 5? Six Month Evaluation The City Manager may review and evaluate the performance of Assistant City Manager within six (6) months after the conunencement of this Agt'eement. The City Ntanager may consider Assistant City' Manager's pertbtntauce in lig}tt of Approved Goals. Such review and evaluation shall be cimducted in acwrdance with the purpose noted in Section ~.1 above. 5.3 rlrtnual Evaluation. The City Manager may review and evaluate the performance of Assistant Crty Manager azmually and within thirty (30) days after each atmrversarv date. In addition, Assistant City Manager shall submit for City Manager's consideration at those times established by the City Manager, but at least armually, Assistant Cdy Manager's proposed performance goals and obJectives and incorporate the City Manager's suggestions in the same mamter as Section 5' above. Such review and evaluation shall be Page 4 of 9 conducted concurrently with an aimual salary review, and m accordance with the purpose noted in Section 5.1 above. 6.11 BENEFITS 6.1 Automobile Allowance. City shall provide Assrstant City Manager with a mondily vehicle allowance of Ftve Hundred Dollars 1$500.001 in full compensation for the usage of Assistant City Manager's personal vehicle fir City-related business, which vehicle allowance shall be paid to Assrstant City Manager through payroll, with applicable taxes and other payriill-liability costs deducted. Assistant City Manager wtders[ands that any apphcable taxes are his responsibility to pay and not covered bY' the City. fi? Electronic Nledia .Allowance. City shall provie Assrstant Crty Manager with a monthly allowance for electronic media of One Hundred Twenty-Five Dollars ($I'_5.i)0) in full compensation for the cost associated with the purchase and use of electronic media to be used for Cnv-related busutess, which allowance shall be paid to Assrstant City Manager tlu'ough payroll, with apphcable taxes and other payroll-liability costs deducted. Assistant City Manager understands that any applicable taxes are Ins responsibility tii pay and Hilt covered by the City. U.3 Bilmf:ual Pav In accordance with "Comprehensive Memorandum of Understanding fur Submission to the Lynwood City Council Regarding Lynwood Mana~~ement Bargaining Group" as may be amended and attached hereto as Exhibit ",A" (hereinafter "MOL!"1. Assrstant City Manager shall he paid bilingual pay of One Hundred Twenty Five Dollars 01?51 per month upon passing a verbal bilingual exam to the satisfactwn of the Human Resources Department. r;.-l [\ledical Dental, Vision and Lrfe lnsm'ance. City shall priivrde to Assistant City Manager the same g*i'oup medical, dental, vision, sad life insurance plans and/or programs as are offered to the C'ity's Management in accordance with the MOU. The C'ity's contribution toward any PERS health insurance plan shall be at the family premium rate for kaiser coverage. In addition, The Cdy will pay the full cost of dental plan premiums and vision plan premiums for Assistant City Manager and his eligible dependents. Assistant City Nlansger shall be reimbursed for co-payment costs in accordance with the Management Benefit Plan, and City shall provide and pay for a life insurance policy in the amount of Fifty Thousand Dollars 050,000). b.5 PERS. ht accordance with the MOU, City shall pav Assistant City Manager's share of all required contributions to the California Public Employee's Rehrentent System ("PERS") not to exceed eigJtt percent (S°•'ol of Assistant City Manager's salary. The City will also afti~rd Assistant City Manager the retirement benefit commonly refereed to as " 3"o at 60." City shall pay Assistant City Manager's share of all required contributions to PERS, as provided to other City Management employees of the City m accordance with the MOU. h.6 Vacation Personal and Sick Leave. Upon the effective date of this .Agreement, Assistant City Manager shall be provided a recruitment credit of Forty 1-10) hours of vacation leave. [n accordance with the MOLT, and subject to vacation, personal and sick leave accruals as outlined in the Management Benefit Plan, leave aceiuals are currently as follows: Page 5 of 9 Vacation credit at the rate of Eighty (Sir) hours per year; Srck leave at a rate of Ninety-Six (961 hours per year; Personal leave at a rate of Twenty 130) hours per year. Adddionally, and m alib unent with Management Benetit Plan sell back provisions, Vacation leave maybe converted into cash, up to One Hundred Sixty (160) hours in one year. 6 i Holydays. In accordance with the MOU, Assrstant Crty Manager shall be entitled to Nine (9) days of pard holiday time and a total of Five (~) Floating holidays per year. 6.S Executme Leave. In accordance with the MOU, Assrstant City Manager shall accrue executive leave at the rate of Ninety (90) hours per year. Executrve leave shall not he tamed over from year-to-year. 6.9 Additional Benefits. Unless otherwise speeitied to the contrary in this Agreement, Assistant City Manager shall be entitled to such additional benetits or cost of Irving increases, if any, as are afti~rded other Crty Management employees pursuant to the MOU attached hereto as Exhrbrt ".A." 7.0 PROFESSIONAL DEVELOPMENT 7.1 Membership. City encourages Assistant Crty Manager's continued professional development and membership and shall provide payment of appropnate related costs fir such activities, as approved by the City N'lanager. 7 3 Out-of-Town Meetrm~s &Senunars. City agn~ees to reimburse Assistant City Manager the actual cost for registration, travel, lodging, and meals and other reasonable expenses incurred by Assrstant City Manager while attending ovenught out-of-town meetings or seminars related to his employment with City in accordance with the City's policies for expense reimbursement. To Be eligible to receive reunbursement for meals ;md lodging for out-ot=town meetings or seminars, Assrstant City Manager must have Budgeted funds available for same. 7. ~ Local Meetut~s &Senunars. City agrees to reunburse Assrstant City btanager the actual cirst of registration, meats and other expenses necessarily incurred while in attendance at local meetings or seminars related to lus employment with City m accordance with the C'ity's policies for expense reunbursement. 7.4 Incidental Ex senses. City agrees to reunburse Assistant City Ivtanager the actual cost of those incidental expenses necessarily incurred by Assistant City Manager while engaged m the business of City upon the presentation of an appropriate receipt therefor m acwrdance with the City's policies fur expense reimbursement. 7.5 Apuroval by City Mangier. To be eligible to receive reimbursement for the memberships, travel and other expenses incun~ed pursuant to this Section 7 U. Assrstant City' Manager shall obtain advance approval of Crty Manager. Page 6 of 9 8.0 BONDS AND INDEMNIFICATION 3.1 hxienuutication. City shall defend, hold harniless and indemnify Assistant City Manager against any tort, professional lrabrlity, claun or demand, or other legal action ansrng out of an alleged aet irr omission occumng in the pertcmnance of Assrstant City Manager's serl'es under [his Agreement. This section shall not apply to any' intentional tort or enure committed by Assistant City Manager, to any action outside the course and scope of the services provided by Assistant City Manager under this Agreement, or any other intentional or malicious conduct or gross negligence of Assistant City ~4anager. 3 ' Bonils. Pursuant to Lynwood Municipal Code, Section ?-4?, Assistant City Manager as the Director of Finance shall execute and deliver to the City Clerk a bond with the penal sum of whrch shall be Ten Thousand Dollar ($1011001. The premiums for such bond shall be a lawful charge against the general fund of the City and he deln~ered to the City Clerk pnor to the Commencement ~C Effective Date provided at Section 3.1. 9.11 GENER4L PROVISIONS 9 1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agn~eement, either oral or in wnhug, behveen the parties with respect to Assistant Crty Manager's employment by Crty and cimtams all of the covenants and agreements between the parties wrth respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party', whrch are not embodied herein, and that no other agn~eement, statement or promises not contained m the Agreement shall be valid or binding upon either party 9 _' Notices. Any notice required or pernutted by tlus Agreement shall be in venting and shall be personally ser'ed or shall be sufiicrently grven when served upon the other party as sent by United States Postal Sen~rce, postage prepaid and addressed as follows: To City: City Manager City of Lvmvood I l"?30 Bulhs Road Lynwood, Calitbmia 90363 To Assistant Crty Manager: Robert S. Torrez 4136 Heather Road Long Beach, G4 90303 Notices shall he deemed grven a5 of the date of personal servwe or upon the date of deposit in the course of reansmrssuei with the United States Postal Ser'rce. 9.? Conflicts Prohibited Dunng the terns of this Agreement, Assrstant City Manager shall not engage m any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of .Assistant Crty Manager's duties «nder [his Agreement Assistant City Nfanager shall comply wrth all requirements of law, including but not lunited to, Sections 37100 e[ seu.. Section 1090 and Section 1 12~ of the Govenunent Code, and all other similar statutory and administrative rules. R Pa~,e 7 of 9 9 -1 Other Emuloyment. The parties ackrtuwledge that Asststant City Manager will conduct, partisgiate in or othenvrse be in engaged in independent consulting projects, not to exceed 10 lwurs for one workday) per week. In no event should any services, employrnent or husmess pursmts be conducted m vrolatron of this Agreement. r~.> Effect Ut Waiver. The f;rrlure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other patty shall not be deemed a waiver of that terns, covenant, or condition, nor shall any watver or relmyurslunent of any right or power at any one time or times be deemed a watver Ur relinyuislunent of that right or power for all or any other times 9 (i Partial [nvaluiitY. If any provision ut thts Agreement is held by a court of competent junsdrehon to be invalid, void irr unenforceable, the remaining provisions shall nevertheless continue m full force without being impaired or invalidated in any way. 9.7 Governing Law Thts Aln'eement shall be governed by and construed in accordance with the la.vs of the State of California, which are m full force and effect as of the date of execution. 9.~ Independent Le~~al Advise. City and Assistant City Manager represent and wan'ant to each other that each has reserved legal advise ti'an independent and separate legal counsel with respect to the legal effect of this Agreement and, City and Assistant City Manager further represent and warrant that each has carefiilly reviewed this entire Agreement and that each and every teen therein rs understood and that the terms of this Agteement are contractual and not a mere recital Thrs Agreement shall not be construed against the party or its representatives ~aho drafted rt or who dratted anv portion thereot: Page K of9 IN WITNESS ~~~HEREOF, the City of Lynwood has caused this Agreement to he signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Assistant City Manager has signed and executed this Agreement, all in Uiplicate. CITI" OF L1"NWOOD Mann T. Sanhllan, Flavor ATTEST: Maria Quinonez, C'dy Clerk APPROVED AS TO FORM Fred Galante, City Attorney Roger L. Haley, City Manager .ASSISTANT CITti' 1\-IANAGER Robert S Torrez Page 9 of 9 EXHIBIT A COMPREHENSIVE p9El\IORANDUhI OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING LY'N~i'OOD MANAGEMENT BARGAINING GROUP JULY 1, 2007 TO JUNE 30, 2008 [See attached] Exhibit A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING LYNWOOD MANAGEMENT BARGAINING GROUP July 1, 2007 to June 30, 2008 TABLE OF CONTENTS ARTICLE I IMPLEMENTATION ... ....... .... ... 1 ARTICLE I4 EMPLOYEE RECOGNITION .................. 2 ARTICLE III CITY RIGHTS .............. ........ .. 3 ARTICLE IV STEP INCREASES ..... ........ ... ........... 4 ARTICLE V SALARIES/WAGES .... ...................... ... 5 ARTICLE VI EXECUTIVE LEAVE ... .... .. ................. .. 6 ARTICLE VII BILINGUAL PAY .................................. . 7 ARTICLE VIII TOOL ALLOWANCE .. ..................... 8 ARTICLE IX UNIFORM/CLOTHING ALLOWANCE .... 9 ARTICLE X MILEAGE REIMBURSEMENT .... .......... 10 ARTICLE XI EDUCATION INCENTIVE PAY ................ 11-12 ARTICLE XII LONGEVITY PROGRAM ........................... 13 ARTICLE XIII EMPLOYEES' INSURANCE COVERAGE .... 14-15 ARTICLE XIV SICK LEAVE POLICY ...... .... ......... 16-17 ARTICLE XV HOLIDAYS .............................................. ... 18-19 ARTICLE XVI ACTING SUPERVISORY COMP ... ............. 20 ARTICLE XVII RETIREMENT POLICY ........................ . 21 ARTICLE XVIII LEAVE BENEFIT ACCRUAL RATES ...... 22 ARTICLE XIX NON-DISCRIMINATION ......................... . 23 ARTICLE XX ANNUAL VACATION LEAVE ............ 24-25 ARTICLE XXI MILITARY LEAVE ... .. ... ... ......... ....... 26 ARTICLE XXII FAMILY CARE AND MEDICAL LEAVE POLICY .. ......... ...... .. .... .. ........27-33 ARTICLE XXIII HOURS OF WORK ........ .................... .... 34 ARTICLE XXIV ATTENDANCE ........ ................ . ....... 35 ARTICLE XXV GRIEVANCEIDISCIPLINARY APPEAL PROCEDURE ...... ........... ... .......36-38 ARTICLE XXVI BEREAVEMENT LEAVE .............. .. . . ...... 39 ARTICLE XXVII EMERGENCY LEAVE ........ ......... .... 40 ARTICLE XXVIII JURY DUTY .......................... ............ ...... 41 ARTICLE XXIX SERVICE DISABILITY ................ ...... ...... 42 ARTICLE XXX NO STRIKE .... ........ .. ............. . .. 43 ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE .. . ... 44 ARTICLE XXXII SAVINGS CLAUSE . ................................. ...... 45 ARTICLE XXXIII AUTHORIZED AGENTS ... ............. ... ...... 46 ARTICLE XXXIV GENDER REFERENCES .................... ... 47 ARTICLE XXXV LAYOFF .............................. ............ ...... 48-49 ARTICLE XXXVf LEAVES OF ABSENCE ........................ ..... 50 ARTICLE XXXVII FULL UNDERSTANDING MODIFICATIONS WAIVER ............. . 51 i ARTICLE XXXVIII RENEGOTIATION .......... ...................... ..... 52 ARTICLE XXXIX TERM ........................................ ........ . .. 53 ~~ ARTICLE I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in the Memorandum of Understanding ("MOU") have been discussed and jointly proposed by and between the City of Lynwood ("City"), by and through the City's Municpal Employee Relations Officer, and representatives of the Lynwood Employees Management Group (hereinafter "Group") and shall apply to all employees of the City working in the classifications as set forth herein. The terms and conditions of employment that are set in this MOU have been discussed in good faith between City and Group, and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the items and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and/or policy statement, all terms and conditions of this MOU so incorporated, shall become effective as provided without any further action by either party. ARTICLE 11 EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Employee Management Group as the recognized representative for all management positions to the fullest extent allowable under California law applying to public employees and as further defined in Resolution No. 82-53, adopted by the Lynwood City Council on Aprif 6, 1982. The Group is therefore the recognized bargaining agent. It is understood and agreed that the positions of Assistant City Manager, Assistant to the City Manager, Deputy Director of Finance, Personnel Analyst Il, are determined and recognized as confidential positions and are not included in this bargaining unit. ARTICLE III CITY RIGHTS A. It is understood and agreed that the City retains all if its powers and authority to direct, manage and control to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to. determine its organization; direct the work of its employees, determine the times of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goats and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify or close facilities, establish budget procedures and determine budgetary allocations, determine the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the right to hue, classify, assign, evaluate, transfer, promote, terminate and discipline employees. B. In case of emergency, the City retains its right to amend, modify or rescind provisions of this MOU. Such amendment, modification or rescission all remain in force only for the period of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the City Council. ARTICLE IV STEP INCREASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of meat after intervals of one (1) year. Section 1. Any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the successful completion of the probationary period. Increases to Step C, D and E within any pay range shall be based on satisfactory fob performance by the individual and shall be reviewed at least at the following time intervals: Step C -One (1) year aker the Step B increase Step D -One (1) year after the Step C increase Step E -One (1) year aker the Step D increase Section 2. Employees hired or promoted to any step above Step A shall receroe the next step at the successful completion of the probationary period. Other increases within the range shall be followed in the method described in Section 1 Section 3. New employees, as well as current employees accepting another position within the bargaining unit, shall be appointed at the first step of the salary range to which their class is assigned, except that when the education and previous training or expenence of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation. Upon recommendation of the department head, the City Manager may authorize and appointment to this position at any higher step. The department head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this article do not apply to those hued or employed on an hourly basis ARTICLE V SALARIESNIIAGES Section 1. Effective the first payroll period commencing on or aker July 1, 2007 all employees covered 6y this bargaining unit shall receive a 4% across the board increase to base salary as a cost of living increase. Section 2. Mandatory Direct Deposit -All Management Group employees shall be on electronic direct payroll deposit within two (2) payroll periods of approval of the 2007- 2008 MOU. ARTICLE VI EXECUTIVE LEAVE It is agreed that management employees who are assigned to regularly attend City Council, Commission or Board meetings shall be granted ninety (90) hours Executive Leave annually. All other management staff shall receive seventy (70) hours annually. Executive leave may be taken at anytime after the first of the calendar year with the approval of the Department Head and/or City Manager. Executive Leave may not be accrued beyond the present calendar year. Unused Executive Leave at the end of a calendar year (December 31) or upon leaving employment will be lost. Any over use of Executive Leave shall be repaid in full to the City upon termination of City employment. A Personnel Status Report form will be required for approval of the ninety (90) hours leave ARTICLE VII BILINGUAL PAY The City Manager may grant compensation to fulltime employees who have passed their initial probationary period for using bilingual skills in the course of work, provided that such employees use bilingual skills at least 20% of their working time for either written or oral commurncation. Employees required to use bilingual skills in the course of their work may request bilingual pay by submitting wntten tust~cation approved by the Department Head to the City Manager. Those employees approved by the City Manager for bilingual pay shall be required to pass a language proficiency examination. Bilingual pay shall be one hundred twenty-five ($125 00) dollars per month paid on a biweekly basis effective the first full pay period after the first of the month following the submission of a Personnel Status Report form with proper approval. ARTICLE VIII TOOL ALLOWANCE The Equipment Repair Supervisor shall receive an allowance For furnishing and using his own tools. The allowance is payable annually in June through payroll. The amount of payment will be calculated at the rate of $40.00 per each full month of employment during the previous 12-month period. If the employee leaves City service prior to the June payment date, the amount of tool allowance payment will be as accrued with appropriate documentation initiated by the department prior to termination of City employment. ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE The City will furnish Public Works and Park Department management employees, whose duties require wearing uniforms, three (3) uniform changes per week plus one (1) additional laundered shirt per week. Effective the first payday in December of 2004, position titles identified below that are required to wear OSHA safety boots/shoes shall receive $75 as a uniform allowance annually. • Budding Maintenance Supervisor • Park Supenntendent • Street Maintenance Supervisor • Eqwpment Repair Supervisor • Building and Safety Manager • Electrical Maintenance Supervisor The allowance is taxable and will be included within the employee's paycheck ARTICLE X MILEAGE REIMBURSEMENT With the approval of the Department Head and the City Manager, the City will reimburse management employees required to use their personal vehicles for the purpose of conducting City business at the rate contained in the Internal Revenue Service code book. The employees must document the date, destination and beginning and ending odometer reading from his vehicle in supporting the request. Said information must be logged on Mileage Claim Form when requesting payment. Employees receiving monthly automobile allowances are not eligible for mileage reimbursement. 10 ARTICLE XI EDUCATION INCENTIVE PAY To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of education pay, over and above established pay schedules, is hereby established. Section 1. Effective the first full pay penod following ratification, education incentive pay is allowable for completed courses of approved subjects at accredited schools, and is fixed at $1.00 per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C" or better. A quarter unit is the equivalent of a semester unit and is compensated at $1.00 per month far each semester unit Maximum pay is fixed at $150 per month. All courses of study must have prior approval by the Department Head and the Clty Manager in order to receive education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other schools providing college credits as may be approved by the City Manager Suitable written certification from the school or granting agency showing satisfactory completion of each course or program shall be submitted to the Personnel Office for personnel records. Education pay shall commence the first full pay period in the month following the submission of written certification The City will contribute 100% of the cost of tuition fees for such courses, up to $750 per semesier or quarter course while the employee is accruing the $150 per month maximum education incentive pay. The maximum City contribution to the cost of tuition and books is $1,500 annually. Tuition Reimbursement Program guidelines are available through the Personnel Division. The provisions of this section do not apply to employees undertaking an approved course during a regular workday or assigned shift. 11 Section 2. Certain positions within the Group do not regwre degrees of higher education. , The City may pay employees one hundred frfty dollars ($150.00) per month who have graduated and received a bachelor of arts or bachelor of science degree from an accredited college or university or the City will pay employees two hundred dollars ($200.00) per month who obtain a master's degree from an accredited college or university Compensation under Section 2 only applies to those employees whose positions do not require a bachelor's or master's degree as set forth in the City's official job description(s). In order to quality for compensation under Section 2, employees must submit a request for compensation, submit proof of the degree obtained, and receive approval by the City Manager. 12 ARTICLE XII LONGEVITY PROGRAM Section 1. Effective 7-1-88 longevity pay will be as follows 1% of base salary at the end of seven (7) years of service, an additionall% of base salary at the end of twelve (12) years of service; and an additionall% of base salary at the end of seventeen (17) years of service, and an additional $300 annually paid on a biweekly payroll basis after completion of twenty-five (25) years of service. Section 2. Effective 1-1-89 longevity pay will be as follows: The same as above with deleting $300 annually paid for twenty-five (25) years of service and inserting two percent (2%) of base salary at twenty-two (22) years of service. The additional percent(s) to base salary shall be paid on normally assigned position and not temporary or special assignments. 13 ARTICLE XIII EMPLOYEE'S INSURANCE COVERAGE Effective the first full pay period of the month following ratification of the MOU the City shall establish the family premwm rate for Kaiser coverage as the level of the City's contribution Toward any PERS health insurance plan selected by fulltime employees The contribution wilt be applied to the premium for the employee. If the employee elects dependent coverage, the City will apply the difference, if any, between the premium for the employee only and the Kaiser family premwm rate towards dependent coverage The employee must pay the remaining premium for dependent coverage through payroll deduction. Effective March 2005, the City will reimburse employees up to a maximum of $120.00 for health plan co-payments incurred in the previous calendar year with proper documentation. In the event an employee incurs co-payment costs that exceed the agreed reimbursable amount of one hundred twenty dollars ($120.00) in a given year, the employee may carryover the non-reimbursable amounts for subsequent payment up to 3 years with proper documentation The City will pay the full cost of dental plan premiums for employees and their eligible dependents for the duration of this MOU In March of each year of the MOU, the City will reimburse the employee for dental plan deductibles incurred in the previous calendar year. Effective November I, 1999 the City shall enhance the current dental benefits to include a retirement benefit for employees who retire from active City service with at least five years tenure with the City. Verification of PERS retirement application will be required. Effective July 1, 2002, the City shall pay a life insurance premium for all fulltime management employees in the amount of $50,000 with the full cost of the premium paid by the City inclusive of a retirement benefit as outlined in paragraph two. Effective November 1, 1999, the City shall implement a Vision Plan and pay the full cost of premiums for fulltime management employees and their dependents inclusive of a retirement benefit clause as outlined in paragraph two Effective March 2005, the City will reimburse employees up to a maximum of $30 per eligible dependenUemployee for vision plan co-payments incurred to the previous calendar year with proper documentation. !n the event an employee incurs co- payment costs that exceed the agreed reimbursable amount of thirty dollars ($30.00) per eligible dependenUemployee in a given year, the employee may carryover fhe non-reimbursable amounts for subsequent payment up to 3 years with proper documentation. The City shall provide a flexible benefits plan in accordance with Internal Revenue Code Section 125. 14 The City shall implement an Employee Assistance Program (EAP) with the full insurance premium incurred by the City. Effective January 1, 1999, the City shall implement the State Disability Insurance Program with the full cost of such plan to be paid by the City. 15 ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the Clty Manager or his/her designee at the rate of one work day for each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay period. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no event will sick leave with pay be granted in excess of that which is accrued. In order to receive compensation while absent on sick leave, the employee shall notify his Immediate supervisor prior to, or within two (2) hours after the time set for beginning duty, unless notification is physically impractical A physician's certificate or personal statement will be submitted for absences of 3 days or more The Clty may require a physician's certificate and release to return to work whenever there is reasonable cause to believe that there has been an abuse of sick leave or when there is reasonable doubt as to the employee's ability to perform hIS duties satisfactorily and safely. The City maintains the right to discipline any employee for excessive absenteeism. Effective January 1, 2000 the City shall implement AB 109, Labor Code Section 233 as required by law An employee shall be allowed to use in any calendar year sick leave accrued and available In an amount not less than what would be accrued in six (6) months of employment to attend to the illness of a child, parent or spouse of the employee. For purposes of this section, six (6) months sick leave accrual will be based on 13 pay periods. All conditions and restrictions placed by the City upon the use by an employee of sick leave shall also apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, or a registered domestic partner. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945 2 of the Government Code or under the federal Family and Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave. There shall be a sick leave pay off program. This program uses a sick leave limit of ninety-six (96) work days and the frozen amount, if applicable, which consists of sick leave hours earned in excess of 96 work days prior to July 1, 1974, and retained and frozen as of that date. The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of pay off. The pay off program has three elements retirement, resignation or termination and annual compensation. 16 For purpose of the pay off program retirements are limited solely to regular service (non-disability) retirements. Upon regular service (non-disability) retirement employees shall receive 50% compensation for unused sick leave hours up to the maximum of the ninety-six (96) workdays. 50% compensation shall also be received for the sick leave hours frozen as of June 30, 1974 For purpose of the pay off program resignations and terminations shall exclude terminations for cause and retirements. Upon resignation or termination as specified herein and only after ten (10) years of continuous City service, employees shall be compensated for one-quarter (114) of their unused sick leave hours up to the maximum of ninety-six (96) work days. 25% compensation shall also be received for the sick leave hours frozen as of June 30, 1974 The annual compensation element of the sick leave pay off program is provided as follows: 50% of the sick leave earned beyond 96 work days or the frozen amount shall be annually compensated to the employee at the end of each calendar year The remaining 50% of such excess sick leave remains on the books but shall be used for actual sick leave purposes only and shall not entitle the employee to any additional compensation. Sick leave accrued beyond the 96 workday's maximum or frozen amount shall be used prior to the earlier earned sick leave. 17 ARTICLE XV HOLIDAYS Section 1 The City and Group agree to incorporate into this MOU the elimination of specified holidays and have floating holidays replace them The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day, and Veteran's Day. a) The total number of floating holidays is five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors and must be approved by the employee's supervisor. b) Subject to (c) below, no Floating holidays will be available until the successful completion of the original probationary penod. At that time such employees will be credited with a pro rata portion of the aforesaid five (5) floating holidays based upon the time remaining in the initial calendar year of employment, but in no case less than one day. c) No floating holiday may be carried over to another calendar year d) The availability of five (5) floating holidays on January 1 of each year (in the case of permanent employee) and of a pro rata portion thereof upon successful completion of the probationary period (in the case of new employees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to successfully complete employment for the said calendar year, the number of Floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available; the City shall make an appropriate reduction in its payment of final compensation to such employee. e) Effective January 1, 7992, the accrual for five (5) floating holidays for fulltime employees shall be 50 hours per annum based on a 4/10 work schedule f) In the event the City returns to an 8-hourly day workweek the accrual rate will reflect such change. is Section 2. Employees covered under this Memorandum shall be allowed the following paid holidays: New Year's Day, January 1; Martin Luther King Jr., third Monday in January; Cesar Chavez Day, March 31; Cinco de Mayo, May 5; Memorial Day, last Monday in May; Independence Day, July 4, Labor Day, first Monday in September, Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. As the city is currently operated on a flexible work schedule, those holidays which fall on a Friday in any given year will not be observed by 4/10 employees. Those employees working a 5<iay/8 hour (5/8) workweek will be paid for those holidays falling on a Friday. This provision is made with the understanding that the accrual rates for floating and personal leave time (Article XVII) will be adjusted annually for 5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work schedules on an equal basis. In the event the City returns to a 5/8 work schedule for all fulltime employees, those holidays falling on a Saturday will be observed on Friday. The City Manager may determine and approve as warranted the carryover of up to two (2) floating holidays into the following year for fulltime employees. Said approved holidays shall be taken no later than June 30 of the carryover year. All requests must be submitted to the City manager no later than November 1 to be considered. Section 3. Personal Leave Day may be taken on any day of the employee's choosing subject to operational and scheduling factors and must be approved by the employee's supervisor. The Personal Leave Day must be taken within the calendar year or it is lost. Employees who terminate without using their Personal Leave Day for that calendar year shall receive payment for this day Effective 1-1-03 the Personal Leave time available will be 20 hours for employees working the 4110 schedule and 16 hours for employees working the 5!8 schedule. 19 ARTICLE XVI ACTING SUPERVISORY COMPENSATION At such time as a supervisory position becomes temporarily vacant for reasons of sick leave, leave of absence or injury on duty status, a civil service employee may be assigned the supervisory duties and designated as "acting". Further, at such time as a supervisory position becomes vacant, i.e., without an incumbent, a civil service employee who has less than the minimum training or experience requirements for temporary appointment may be assigned the duties and designated as "acting" upon determination by the Department Head (or City Manager, if appropriate) that said employee is best qualified to perform all or a substantial portion of the duties of the supervisory position The selection of the employee for "acting" status shall be within the sole discretion of the Department Head. Employees acting in a supervisory position shall not be entitled to any additional compensation for doing so unless they work eight (8) or more days in that assignment at which time they shall be entitled to acting compensation retroactive to the first day of that assignment. Such compensation shall continue until such time as the incumbent returns or, as in the case of the vacant position, the position is filled or the designated employee meets the temporary appointment requirements. Acting compensation is at the step rate in the supervisory position range which exceeds but is closest to the employee's current rate of pay in the permanent position or $250 per month, whichever is less. . ii ARTICLE XVII RETIREMENT POLICY The City will provide employees in the Group a pension through the Public Employees Retirement system ("PERS") using the "3% @ 60" formula. The City will pay the employee's contribution of 8% to PERS. Retirement compensation shall be computed on the employee's one (1) years highest earnings Each employee, eligible for service retirement, may have his/her City paid PERS contribution reported as compensation for all or any part of the twelve month period prior to his/her service retirement date upon written request to the Director of Finance Accordingly, PERS contribution will be deducted from employee's higher based salary. This provision will remain in effect unless otherwise prohibited by PERS law. The City amended its contract with PERS to provide for parity on medical premiums for retirees from the bargaining unit and current employees (1993). The City amended its contract with PERS to provide credit for unused sick leave (1992) The City amended its contract with PERS to increase the 1959 Survivor Benefit from Level 3 to Level 4 J1 ARTICLE XVIII LEAVE BENEFIT ACCRUAL RATES The following shall represent leave benefit accrual rates for full-time classified employees: VACATION 80 hours/year (80/26) = 3 08 hours/pay period VACATION 120 hours/year (120/26) = 4 62 hours/pay period VACATION 160 hours/year (160!26) = 6.15 hours/pay period SICK LEAVE 96 hours/year (96/26) = 3 69 hours/pay period FLOATING HOLIDAYS 50 hours/year (50/26) = 1 923 hours/pay period (5/8 work schedu le; see below) PERSONAL LEAVE 10 hours/year Credited January 1 annually (4/10) 8 ~~ (5/8) Effective 1-1-03: 4/10 Floating Holiday 50 hours Personal Leave 20 hours 518 Floating Holiday 40 hours Personal Leave 16 hours ~~ ARTICLE XIX NON-DISCRIMINATION It is agreed that neither the City nor the Group shall discriminate against any employee because of race, national origin, age, sex, sexual orientation, or Group membership or activity. It is further agreed that neither the City nor Group shall discriminate against any employee because of religion, marital status, political affiliation or a qualified physical or mental disability. 23 ARTICLE XX ANNUAL VACATION LEAVE The Purpose of annual vacation leave is to enable each eligible employee annually to return to work mentally refreshed. All employees in the classified service shall be entitled to annual vacation leave with pay. Employees not eligible for vacation leave with pay are: 1) Employees still serving their original probationary period in the services of the City; however, vacation credits for the time shall be granted to each such employee who later received a permanent appointment. 2) Employees who work on an intermittent or seasonal basis and all hourly employees. All eligible employees in the first through seventh year of continuous service shall earn vacation credit at the rate of 14 calendar days (10 workdays) per year. Beginning with the eighth year and through the fourteenth year of continuous service employees shall earn vacation credit at the rate of 21 calendar days (15 workdays) per year. Beginning with the fifteenth year of continuous service and thereafter employees shall earn vacation credit at the rate of 28 calendar days (20 workdays) per year. Each eligible employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for his full annual vacation leave. After six months of continuous service, he may be permitted to take vacation leave not to exceed seven calendar days. In no event, however, will paid vacation be granted in excess of earned vacation credits. Vacation leave must be approved in advance by the Department Head or City Manager. The times during a calendar year at which an employee may take his vacation shall be determined by the Department Head with due regard to the wishes of the employees and particular regard for the needs of the service. Subject to the provisions of the next paragraph, any employee eligible for vacation credit may, not later than the first day of October of any calendar year, make a request of his Department Head and the City Manager jointly, for permission to defer taking the vacation time to which he is entitled during the year the request is made and filed to the following calendar year The deferral, if granted, may not exceed one week of vacation time. The Department Head and the City Manager, acting jointly, or in their absence, or in case of their inability to act for any reason, the Acting Head of said ?q employee's department, or the next in authority and the Administrative Assistant acting jointly, shall, within five days aker filing of the request, give the employee written notice of their decision to either grant or deny the deferral request. If the deferral request is granted, the employee shall be entitled to said one week's vacation during the calendar year immediately following the calendar year the employee's request was filed, in addition to any vacation time to which said employee is entitled during said calendar year to which the one week has been deferred. Under no circumstances, however, may any employee accrue more than twenty-eight (28) calendar days (20 working days) of vacation leave in one calendar year. Employees eligible for vacation leave must take a minimum of one week of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the Department Head or the City Manager In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave prior to the effective date of termination. Effective July 1, 2007 the Group may be paid for up to 160 hours per annum for compensable time Sick time is excluded from this provision. Payment shall be made m the following manner a. Payment will be made annually at the employee's current hourly rate of pay. b Payment will not exceed one hundred sixty (160) hours per calendar year. c. Payment request shall be submitted to the City Manager or his/her designee no later the 151 Thursday in November in order to be considered for payment. A form is available in the Human Resources Division d. Such annual payment shall be included in the check for the first pay period ending in December provided the funds are available. 25 ARTICLE XXI MILITARY LEAVE Military leave shall be granted in accordance with the provisions of federal and state law. 25 ARTICLE XXII FAMILY CARE AND MEDICAL LEAVE POLICY STATEMENT OF POLICY In addition to other leaves available under the MOU and/or other City provided leaves of absences, employees may also be eligible for leave under federal and state law. The City will provide family and medical care leave for eligible employees as regwred by state and federal law, including leaves under the Federal Family Leave Act ("FMLA"}, the State of California Family Rights Act ("CFRA"), and Paid Family Care Leave ("PFCL"). An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance leave concurrent with leave taken under the FMLA and the CFRA. II. DEFINITIONS In implementing this policy, the following definitions will apply. A. "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Parent" means the biological, foster, or adoptive parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents- in-law. C. "Chtld" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child, a legal ward, a son or daughter of a domestic partner, or a son or daughter who stands in loco parentis to that child. D. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. E. "Domestic Partner" means a partner as defined in Section 297 of the California Family Code. 27 F. "Family Member" means a child, parent, spouse, or domestic partner as defined in this policy. G. "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves. 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e ,inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider as defined under federal and/or state law. H. "Health Care Provider" is defined pursuant to the FMLA and CFRA 111_ REASONS FOR LEAVE Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee or the employee's domestic partner; 2. The placement of a child with an employee in connection with the adoption or foster care of a child by the employee or domestic partner; 3. Leave to care for a child of the employee, spouse or domestic partner who has a serious health condition; or 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position, 5. Leave to care for a parent, spouse, or domestic partner who has a serious health condition. IV. EMPLOYEES ELIGIBLE FOR LEAVE (Not applicable to PFCL) An employee is eligible for leave if the employee. 1. Has been employed for at least 12 months; and 2. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. 28 V. AMOUNT OF LEAVE Eligible employees are entitled to a total of 12 workweeks of leave during any 12- month penod. A female employee has a reasonable leave of absence of up to four months whenever she becomes disabled as a result of pregnancy, childbirth, or related medical conditions. Four months is the maximum allowed for pregnancy-related disability leave A female employee who is physically and mentally capable of returning to work before the expiration of four months is not entitled to a full four month leave of absence. Notwithstanding any leaves available under this policy, once an employee exhausts all federal and state leaves, and any accrued paid leaves, the employee may apply for an unpaid administrative leave of absence pursuant to Article XXXVI for successive periods of up to thirty (30) days each up to a maximum of one hundred and eighty (180) consecutive days The City has the discretion to either grant or deny any request for an unpaid administrative leave. Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. A. Minimum Duration of Leave If leave is requested for the both, adoption or foster care placement of a child of the employee or domestic partner, leave must be concluded within one year of the birth or placement of the child In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a serous health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed by the City In any case ~n which domestic partners or spouses are both employed by the City and both are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. 2a VI. EMPLOYEE BENEFITS WHILE ON LEAVE Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the iob. Employees may make the appropriate contributions for continued coverage by payroll deductions or direct payments made to these plans. Depending on the particular plan the City will inform employees whether the premwms should be paid to the carrier or to the City. An employee's coverage on a particular plan may be dropped if he/she is more than 30 days late in making a premium payment. However, employees will receroe a notice at least 15 days before coverage is to cease, advising that coverage will be dropped if the employee's premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premwms for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.). VII. SUBSTITUTION OF PAID ACCRUED LEAVES While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurcently use paid accrued leaves after requesting FMLA, CFRA leave and Paid Family Leave, and may also require an employee to use Family and Medical Care Leave concurrently wish anon-FMLA/CFRA leave which is FMLA/CFRA-qualifying. A. Employer's Right to Require An Employee to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation andlor administrative leave, that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled and may use sick leave concurrently with leave under this policy if: The leave is for the employee's own serious health condition; or 30 2. The leave is needed to care for a parent, domestic partner, spouse or child with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. As for compensatory time, an employee may use compensatory time concurrently with leave under this policy. As a condition of an employee's initial receipt of family temporary disability insurance benefits during any 12 month period in which an employee is eligible for these benefits, the City may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. If the City requires the employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to any applicable waiting period for receipt of family temporary disability insurance benefits. VIII. MEDICAL CERTIFICATION Employees who request leave for their own serious health condition or to care for a child, parent, domestic partner or a spouse who has a serious health condition must provide written certification from the health care provider of the individual regwring care if requested by the City. If the leave is requested because of the employee's own senous health condition, the certification must include a statement that the employee is unable to pertorm the essential functions of his/her position. A. Time to Provide a Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested cer5fication to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request) unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, it an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLAICFIZ4 leave until the required certification is provided. 31 C. Recertification If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may regwre the opinion of a third provider jointly approved by the City and the employee, but paid for by the City The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, or for pregnancy-disability leave, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. IX. EMPLOYEE NOTICE OF LEAVE Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required fo give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew abouf the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. All notices required under this Policy must be submitted to the Employee's Department Head. X. REINSTATEMENT UPON RETURN FROM LEAVE A. Right to Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed dunng the FMLA/CFRA/Paid Family Leave period. 32 If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. IE the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return l3. Employee's Obligation to Periodically Report on His/Her Condition Employees may be requued to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Fitness for Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her lob, the employee must obtain and present afitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. 33 ARTICLE XXIII HOURS OF WORK All classified City employees shall work five (5) eight (8) hours shifts per week, Monday through Friday, except as designated by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. Resolution 76-86 provided that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week- Effective immediately upon adoption of the Resolution approving this MOU, all employees covered by this agreement shall be eligible to work a compressed work week (4/10 or 9/80) or Flexible work schedule as mutually agreed between the employee and Department Manager and approved by the City Manager or his designee. 34 ARTICLE XXIV ATTENDANCE Employees shall be in attendance at then work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report io work, he must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work must be approved for paid leave status, unless his accumulated paid leave time has been exhausted, or on approved leave of absence in accordance with Article XXXVI Failure on the part of an employee, absent without leave to return to duty within 24 hours after notice to return, shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addressee only, return receipt requested, or by courier or telegram It is the responsibility of the employee to notify the supervisor and the Human Resources Division of any change of address or telephone number 35 ARTICLE XXV GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Group or an employee or employees covered by this Agreement solely relating to alleged violations of written terms of this MOU. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step 3 and contain a succinct written statement of the basis of appeal within five (5) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present For purposes of this procedure "working days" refers to Monday through Thursday, 7:00 AM to 6: 00 PM and excludes weekends and holidays. A grievance by a Department Head shall be submitted in accordance with Step 3. Step 1: An employee's grievance must be orally discussed with the first line supervisor immediately in charge of the aggrieved employee within ten (10) working days after the event giving rise to the grievance, or ten (10) working days after the date that he should have been reasonably expected to have had knowledge of the grievance The supervisor will give his answer to the employee by the end of the tenth (10th) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Stea 2: If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and/or detailing the specific provisions of this Agreement alleged to have been violated, signed and dated by 36 the employee and presented to the Department Head or, in his absence, his designee within ten (10) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law as discriminatory A meeting with the employee, designated representative (if any) and Department Head, or in his absence, his designee, may be arranged at a mutually agreeable location and time to review and discuss the grievance. If scheduled, such meeting will take place within ten (10) working days from the date the grievance is received by the Department Head, or, in his absence his designee. The Department Head, or, in his absence his designee, will give a written reply by the end of the fifth (5th) work day following the date of the meeting, and the giving of such reply will terminate Step 2. Ste° 3: If the grievance is not settled at step 2, the employee may move the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working days after receipt of the reply in step 2, or within ten (10) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within (10) working days after receipt of such request. The City Manager, or in his absence his designee, shall provide the employee with a written disposition of the grievance within ten (10) ten working days after the meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. Step 4 The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by submitting a written request to the Personnel Department within ten (10) working days from the date of the answer in Step 3 The Personnel Board may grant an informal hearing and the Board's role in such marier is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding If any employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing. Upon conclusion of any investigation or hearing, the Personnel Board shall, within ten (10) working days, notify Personnel in writing of its finding and recommendations. A copy of such finding shall be transmitted to the affected employee. All costs of representation resulting from the process shall be borne by the party incurring them. 37 No employee shall use City time, staff or materials in the pursuit of a grievance or in response to a proposed or effected disaplinary action, unless he or she has obtained prior specific authorization to do so. A grievance or other appeal which is not brought fonrrard within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits as set forth above may be extended by a mutual agreement between the parties, but neither party shall be required to do so. Probationary and hourly employees are excluded from the provisions of this article. 3£ ARTICLE XXVI BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the Department Head or City Manager may grant a four (4) day bereavement leave with pay "Immediate family" is defined as mother, father or grandparents of employee or mate; mate; brother, sister, children or grandchildren of employees 35 ARTICLE XXVII EMERGENCY LEAVE In the event of an emergency, the City Manager may grant the use of a maximum of two days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) hospitalization or illness in immediate family'; 2) death in family not covered by bereavement leave; and 3) other events which preclude the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Department denies an employee's request for emergency leave, the employee may request in wntmg that the City Manager review the request. The City Manager's decision shall be final. `Not covered under Labor Code Section 233 /Article XIV, Sick Leave Policy 40 ARTICLE XXVIII JURY DUTY The City shall compensate afull-time employee who has been called for jury duty Compensation shall be at the Employee's regular hourly rate pay. The employee shall remit to the City the amount paid by the courts minus any mileage reimbursement. Service on a grand fury is specifically excluded from this article. 41 ARTICLE XXIX SERVICE DISABILITY Under the provisions of the Workers Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, rendering them unable to perform their duties. The City of Lynwood provides full salary continuance for ninety (90) calendar days to an employee who is disabled by injury or illness arising out of and in the course of his dunes. Time off work due to an on-the-job injury is not deductible from accumulated sick leave for the period pnor to nmery (90) calendar days Thereafter, compensation shall be only as provided in the Worker's Compensation and Safety Act Temporary and hourly employees are excluded from the provisions of this article relating to salary continuance. 92 ARTICLE XXX NO STRIKE A. Prohibited Conduct Section 1. The Group, its officers, agents, representative and/or members agree that during the term of this MOU they will not cause or condone any stake, walkout, slowdown, sick out, or any other job action by withholding or refusing to perform services Section 2. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject to termination by the City. Section 3 In addition to any other lawful remedies or disaplinary action available to the City if the Group fads, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of the rights, privileges, accorded to the Group under the Employee Relations Resolution in this MOU including, but not limited to, right of access, check-off, the use of the City bulletin boards and facilities. B. Group Responsibility Section 1 In the event that the Group, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1, above, the Group shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful and they must immediately cease engaging in conduct prohibited in A and return to work. Section 2 If the Group performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above. 93 ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE For purposes of administering the term and provisions of the various ordinances, resolution, rules and regulations which may be adopted by the City pursuant to this MOU, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and condRions of employment prior to Myers-Milias-Brown Act in 1968, will remain unchanged and unaltered except where expressly changed or altered in this MOU. It is agreed that Management employees retain all benefits previously accrued as miscellaneous employees. 99 ARTICLE XXXII SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this MOU shall provide that if any provision of this MOU or of such resolution of any kind is at any time or in any way held to be contrary to any law by any Court of proper jurisdiction, the remainder of this MOU and the remainder of such resolution shall not be affected thereby and shall remain in full force and effect. 95 ARTICLE XXXIII AUTHORIZED AGENTS For the purpose of administering the provisions of this MOU. A. The City's principal authorized agent shall be the City Manager or his duly authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262; telephone. 310-603-0220), except where a particular Management representative is specificaly designed in connection with the performance of a speck function or obligation set forth herein. B. The Lynwood Employee's Management Groups principal authorized agent shall be the Group's President or his duly authorized representative (address 11330 Bullis Road, Lynwood, CA 90262; telephone 310-603-0220) 4E ARTICLE XXXIV GENDER REFERENCES As used in this MOU, all references to gender, such as references to "he", "him', and "his" and references to "they", "them" and "theirs", shall apply equally to both sexes. 97 ARTICLE XXXV LAYOFF The City may separate any employee or class of positions without prejudice, because of the financial or economic condition of the City, reduction of work or the necessity for the position or employment no longer exists. The City shall give such employee not less than thirty (30) days advance notice of separation and the reason therefore However, no permanent full-time employee shall be separated while emergency, seasonal, probationary, part-time or temporary employees are employed mto the same positions according to the needs of the service as determined by the City. The conditions of layoff shall be as follows: 1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional opportunities will be conducted prior to layoffs proceeding. 2. ORDER OF SEPARATION. The principal criterion used in determining the order of separation and bumping rights shall be seniority based on the total years of continuous full-time service and any prior part-time service as calculated on a pro-rata basis with the City provided the employee presently possesses the skill, ability and qualifications to perform the job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job class with the least total City service shall be laid off first Whenever seniority is equal, the following criteria shall be applied in the indicated order: a. Ranking on eligibility list; b. Performance Evaluations; c. Drawing of lots 3. BUMPING RIGHTS. Any full-time employee who has been given notice of lay off may displace another employee in the same job class with less seniority in the same job class, or bump to another class in which they formerly held a permanent appointment and there is an employee with less seniority. It is understood that an employee seeking to bump into a lower class shall first occupy any vacant position before displacing an existing employee After the City has notified the affected employee of the layoff and the position available to the employee, if any, to bump, he/she must notify the Personnel Officer of his/her intent to exercise the bumping rights within ten (10) calendar days of the position in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority shall be displaced by the person who is laid off. 98 The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her and shall in the same manner be eligible to bump to a position within City in which he/she formally held a permanent position. 4 APPOINTMENT OF LAID-OFF EMPLOYEES TO LOWER CLASS. Any employee in a represented job class who is scheduled to be laid off due to lack of work, lack or funds of elimination of position, may, not later than ten (10) calendar days after notice of layoff, request to displace ("bump") an employee in a lower tob class within the tob series provided the laid off employee has greater overall City service seniority than the employee m the lower job class and is qualified by education and/or experience for such a position If there is more than one employee who rs qualified for such appointment(s) the "bump" shall be based on seniority with the employee with the highest seniority offered the position first, then the next highest, etc. The City Manager shall approve the appointment of an employee who is to be laid off to a lower class which the employee is qualifed without requiring an examination within the job series. An employee who has not previously served in the lower class may be required to successfully complete the probationary period for the class. If the employee(s) have the same seniority, then the procedure for breaking ties set forth in this article shall apply. The employee displaced as a result of being "bumped" shall be considered as laid off for the same reasons as the person originally displaced and the same displacement rights shall be afforded 5. SALARY PLACEMENT. An employee(s) who accept an appointment to a lower job class as a result of a layoff and/or a displacement ("bump") shall be placed at the step of the salary range which most closely corresponds to, but in no case exceeds, the salary step of the previously held position. 45 ARTICLE XXXVI LEAVE OF ABSENCE A permanent classified employee may be granted an unpaid leave of absence of up to thirty (30) days for medical, personal and other reasons. Extensions on other leave requests may also be granted for successive penods of up to thirty (30) days each up to a maximum of one hundred-eighty consecutive days unless otherwise approved by the City Council Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increase, seniority or other purposes. Available compensatory time off and vacation leave shall be used prior to the commencement of a leave of absence The City Manager may approve up to 30 days unpaid leave for personal leave requests. All other requests for leaves of absence must be submitted in writing and be approved by the City Council. Military leave shall be granted as mandated by Federal and State law (See Article XXI). Pregnancy leave shall be governed by the Family Care and Medical Leave Policy (See Article XXII). Upon expiration of an approved unpaid leave of absence the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration of such leave shall be cause for discharge. 50 ARTICLE XXXVII FULL UNDERSTANDING MODIFICATIONS WAIVER A. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to negotiate with respect to any other matters within the scope of negotiations during the term of this MOU. C. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if requred, approved and implemented by the City Council D. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Si ARTICLE XXXVIII RENEGOTIATION The parties shall use their best efforts to submit new proposals for a successor MOU by April 1, 2008 and shall begin negotiations by May 1, 2008. 52 ARTICLE XXXIX TERM This agreement is to cover said employees for the period from July 1, 2007 through June 30, 2008. 53 It witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding on Labor Relations Officer of Lynwood Management the City of Lynw od/A Bargaining Group Municipal Corpo f BY ~~ BY /GJ iC e Dated this _ day of Dated this ~ day of -c~ 2007 2007 Director of Fi a A ministration Lynwood Management of the ity L d Bargaining Group y r~/,errs BY BY ~~~ Dated thi ~Z-day of Dated this~3Tday of 2007 -,'S'~'~/2°ixm~..P , 2007 City Manager of the Lynwood Management City of Lynwood Bargaining Group BY BY Dated this ~~rYay of Dated this/? day of ~, 2007 Sip ~.~., 2007 SC-GyG~O/'y 59 EXHIBIT B AGREEMENT OF SEPARATION, SEVERANCE AND GENERAL RELEASE [See attached] Exh~bu B AGREEI\4ENT OF SEPARATION SEVERANCE AND GENERAL. RELEASE 1. PARTIES This .Ati~eement of Separation, Severance and General Release (hereinafter referred to as the "AGREEMENT") is entered tnto by and between the Crty of Lynwood (hereinafter refen'ed to as "THE CITY"), a general law aty and municipal corporation, :mil (hereinafter refetTed to as "ENIPLOY'EE"). 2. RECITALS ?.1. EMPLOY"EE +vas hired by THE CITY' as an at will effective serving at the pleasure of the Crty Council of THE CITY pursuant to a wntten auttract, a copy of which is attached hereto as Exhibit "A" ("THE CONTRACT"1 EMPLOYEE is cmTently Years old. 2?. THE C[TY' and EMPLOYEE desire that EMPLOYEE resign and enter uito a severance agreement whereby EMPLOYEE receives severance compens;ttion m exchange for executing a general release and +varver of any and all claims that EMPLOYEE may have against THE C[TY, including but nut hnutai to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to muhrally conclude any and all employment relationships behveen THE C'I"f Y" and EMPLOYEE by means of EMPLOYEE'S voluntary separation as i,f _, ++rth this .AGREEMENT setting tbrth the full and complete terms and conditions concluding EMPLOY'EE'S employment relationship +vrth the C'ITY' and any obligattons related thereto, including any provided under THE CONTACT. ?.3 (n accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOY'EE'S post employment ngh[s, including but not limited to, EMPLOYEE'S rights under the Consolidated Onmibus Budget Reconciliation Act of 193? 1"COBRA"), the Employee Retirement hicome Security Act of L)7~J ("ERISA"), and the Health htsurance Portability and Accountability Act of 1996 ("HIPAA"). 3. CONSIDERATION 3.l EMPLOY'EE shall receive pa}Tent to hun at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage wmpensahon/benetits owed to EMPLOYEE upon separation of employment as required bylaw or THE CONTRACT or any other agreement with THE CITY. Page I or9 EMPLOY'EE'S Initials 3?. Lt exchange fin- the waivers and tale:tses set titrth herein, THE C[Tl' shall also cause to be paid to EN1PL0~'EE an aildrtional compensatory pa)mtent by means of severance, settlement and rele:t~e m the from of a lump sum amount of and _ cents ($ .00) in the form of a check made payable to EMPLOI"EE to be mailed to EMPLUI"EE at EMPLOI'EE's home address via cer-trtied mail return receipt requested ++rthin thirty 1301 business days atier the EFFECTIVE DATE (as defined belo++') of this AGREEh1ENT. ±.± ht exchange fir the severvue pa)'rnent provided for hcreut, EMPLOI'EE, and on behalf of EMPLOYEE'S spouse, heirs, representatives, successors, and avrgrts, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors. assigts, officials, employees, representatives, agents, insurers, attorneys, and all persons and endues acting by, through, under, or in concert +arth any of [bent, and each of them (hereinafter referred to as "THE C'ITl" PARTIES"), from any and all clauns, charges, complaints, contracts, understandings, liabilities, obligations, promises, benetits, agreements, ciut[roversies, costs, leases, debts, expenses, damages, actions causes of action, suits, rights, and demands of any nature whatsoever, krwwn or unkrurwn, suspected or unsuspected, +vhrch E~4PLOl'EE now has or may acyuire in the tirture, or which ENIPLOI'EE ever had, relating to err ansing out of any act, omission, oceun'enci, condition, went, transaction, or thing which +vaS done, omitted to be done, occurred or was m effect at anytime from the begtmting of time up to and including _, (hereinafter refined to collectively as "CLAIMS"), without regard to whether such CLAIMS ansc under the federal, state, or local constitutions, statirtes, nrles or regulations, or the cormnon law EMPLOV'EE expressly acknowledges that the C"L.a.IMS forever barred by this AGREEAQENT specifically include, but are nut limttid to, clmms based upon any alleged breach of THE CONT2aCT or any other agreement of emplo)anent, any demand for wages, overtime or benetits, any claims of vrolation of the provrsrous of ERISA, COBILA or H1PAA, any alleged breach of any dub' arising out of contract or tort, any alleged wrongful terntination in vrolation of public policy. any alleged breach of any express or mtplied contract for continued employment, arty alleged employment discnminauon or unlawful disenminatory act, or a,ty clam[ or cause of action utcluding, but not linuted to, any and all clarms whether ansing under any federal, state or local law prohibiting breach of employment wntract, wrongful temtinauon, or employment discnnunahon based upon age, race. color, six, religion, handicap or disability, national origin or any other protected category or charactenstic, and any and all rights or cl:rims ansing under the Calitbrnia Labor Code or hulustrial Welfare Conmussron Wage Orders, the Federal Farr Labor Standards Act, the Califonua Fau' Employment and Housing Act, California Govenunent Code §§l3, 900 et seq., the Americans With Disabilities Act, Title V[I of the Civil Rights ,4ct of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human nghts, civil rights, or employment discnmmahon or employee rights statute, mle, or regulation. F'a~.z ~ ~,l o EMPLOYEE'S Initials 4. Specific .4cknowledoment of ~'faiver of Claims under ADEA and OR'BPA The Age Discnnunation m Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it dlegal for an employer to discharge any' individual or otherwise dtsctinunatc with respect to [he nature and ptivtleges of an mdivtdual's employnnent on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," ''9 U.S.C. t (?(i, et. sey., Pub L 101-~t33, 104 Stat. 973 (1990)) further aufmtents the ADEA and prohibits the w:uver of any right or claim under the .ADEA, unless the +vaiver is I:nowing and voluntary. By entering u+to this .AGREEMENT, EMPLOI"EE acktuiwledges that he know-ingly and voluntanly, hir~ust compensation in addition to any2hmg of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBP.A. EMPLOYEE further ackno++'ledges that he has been advised and understands, pursuant tii the provisions of the ADEA and OWBPA, that (a) This waivedrelease is written m a manner understood by EMPLOYEE, (b) EMPLOYEE is aware of, and/or has been advtsed of, his nghts under the ADEA and OWBPA, and of the legal significance of tits waiver of any possible claims he currently may have under the .ADEA, OWBPA and/ut'similar age discrimination laws, (c1 EMPLOYEE is entitled to a reasonable time of at least h+'enty-one (21 ) days within +ahich to review and consider (tits AGREEMENT and the waiver and release of any rights he may ha+'e under the ADEA, the OWBP.A and similar age discrimination laws, but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the hventy-one (31) days; (d) The waivers and releases set ti~rth m this AGREEMENT shall not apply to any rights or claims that may arse under the ADEA and; or OWBPA after [he EFFECTIVE DATE of this AGREEMENT; (el EMPLOYEE has been advtsed by this venting that he should consult with an attorney for to executing this AGREEMENT, (t) EMPLOYEE has diswssed this wan'er and release with, and been advised wdh respect thereto by, tits counsel of choice, and that he does not need any additional time within +vhich to review and wnsider this AGREEMENT; (g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the .AGREEt~4ENT; (h) Notice of revocation +vithtn the seven (7) day revocation penod must be provided, m writing, to THE C[TY pursuant to Parafnaph 39 herein, and must state, "I hereby revoke my acceptance itf our Agreement of Sevet<vtce and General Release;" and Page 3 of ~ EMPLOti'EE's Initials (i) This AGREEMENT shall not tie effective until all patties have slated the AGREEI\-LENT and ten (10) days have passed since EMPLOY'EE'S cxecuuon 1"EFFECTIVE DATE"). $, [INhT'OWN CLAIMS In relation to the release provisions of Paragraphs 3 and 4 above. EMPLOYEE understands that Calitona Ctvd Code section 1 ~4'_' reads as tbllows: "Gener•tl Release--Clmms Extmt;uished" "A general rele2tse does not extend to claims which the creditor does not I:nitw or suspect to exist in tits favor at the time of executing the release, which if kixnvn by hun must have materially affected tits settlement with the debtor." EMPLOYEE hereby waives the protection of California Civil Code section 1 ia3. 6. WAIVER OF ADDITIONAL CLAIMS EMPLOY"EE hereby waives any provisxms of state or federal late that might reyuue a niin'c detailed spectficatu>n of the claims being released pursuant to the provisions of Paragraphs 3, 4, and above. 7. REPRESENTATIONS AND YY'ARRANTIES Each of the parties to this AGREEMENT represents :md w:urants to, and agrees wdh, each other party as YollowS. 7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attonteys concerning the advisability ofentering ur[o and executing taus AGREEMENT or have been given the opportunity to obtain such advtce The parties acknowledge that they have been represented by counsel of their own choice in the negotrani~n of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opporhmity to do so and that they are filly aware of the contents of this AGREEMENT and of its legal effect Page ~t of U EMPLOYEE'S hunals 7.~'. No Fraud in Inducement: No party (nor any officer, agent, employee. representative, or attorney of or for any party) has made anv statement or representaUOn or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither parts' relies upon any statement, representation, onuss+on or pnxnrse of any other party m executing this .AGREEMENT, or in making the settlement provided tur herein, except as expressly stated m thrs AGREEMENT. 7.3. Independent [nvestiPation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and th+s AGREEMENT and all the matters pertainutg thereto, as rt deems necessary. 7.-I. Mistake Warved: ht entering into this AGREEMENT, each party assumes fire risk of any misreprrsentatton, concealment or nustake If any party should subsequently' discover that any fact relied upon by it m entering into thrs AGREEMENT w:~. untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was inconect, such party shall not he entitled to any rehef in comiection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final vul bmdutg between the parties, regardless of any claims of nmsrepresentation, pnunise made without the intent to perform, concealment of fact, mistake of fact i+r law, or any other circumstance whatsoever. 7.~. Later Disawerv: The parties are aware that they ma_y hereafter discover claims or facts in addihim to or different from those they now latow or believe to he tn+e with respect to the matters related hereut. Nevertheless, it is the intention of the parties that EMPLOI'EE filly, finally .ind ti~rever settle and release all such matters, and all clauns relative thereto, which do now exist, may exist or have previously existed against THE C'ITl" or THE CITY PARTIES. In fi+rtherance of such intention, the releases given here shall be, and remaut, m effect as full and complete releases of all such matters, noh+'ithstandmg the discovery or existence of anY' additional or different claims or facts relative thereto. 7.6. htdenmitication. EMPLOI'EE agees to indenwify and hold harmless THE CITY or THE CITY PART[ES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOY"EE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, rf any, as a result of his receipt of the consideration referred ro in Paragraph 3 of this AGREEMENT. [n addition, ENIPLOl'EE a~ees fiilly to indemnify and hold the CITY PARTIES hammless for payment of tax obligations as may be requu'ed by any federal, state or local [axing authority, at any timers a result of the payment of the consideration set finch in Para~'aph 3 of taus AGREEMENT. Pale ~ nY 9 EA4PL04'EE's lmuals 7.7. Future Cooperation S: Consultation fees: EMPLOI"EE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREE~9ENT. EMPLOIEE shall prov+de THE CITI' w+th consultation services (including deposition or tnal testimony) m any litigation involving THE CITI' which is reasonabh related to acts in' occurrences transpinng during his employment. Saui services shall be provided as needed by THE C'[TY at a rate of $ l OO.l1U per hour. 7.5. Retum of Cnntidential [nfomtation and Property: Pnor to the separation date, EMPLOI"EE shall submit a written inventory o£ and return to the Crty Clerk, all City keys, eyuipntent, computer ulentiticauon cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOIEE dining the course of his entploytnent with THE CITI'. 7A No Pending Claims and/or Actions: EMPLOl"EE represents that he has not tiled any complaints or charges against THE CITY or THE CITY PARTIES with any locate state or federal agency or court; that he will nut do so at arty time hereafter for any claun arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency irr court assumes junsdiction of any such complaint or charge against THE CITY or THE CITI' PARTIES on behalf of EMPLOYEE, whenever or where ever tiled, he will request such agency or court to withdraw from the matter forthwith. 7.10. Ownership of Claims: EMPLOI"EE represents and warrants as a material temt of this AGREEMENT that EMPLOYEE has not heretofore assigtted, transferred, released or granted, or pur}xnKed to assign, transfer, release or rD'atu, uty of the CLAIMS disposed of by this .AGREEMENT. ht executing this AGREEMENT, EMPLOYEE htrther warrants and represents that none of the CL.4INIS released by EMPLOYEE thereunder will in the future be assigned. conveyed, or transferred m any fashion to any other person and/or entity. 7.1 1 Enforcement Fees and Costs: Should any legal action be required to enti~rce the temts of this AGREEMENT, the prevailing party shall be attitlcd to reasonable attoi-iteys' fens and costs m addition to any other relief to which that party maybe entitled. 7. l "_' Authonty: Each party represents to the other that it has the nght to enter utto tlus AGREEMENT, and that it is not violating the terms or avulitions of any' other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The I><~u-ties represent that they wdl obtain all necessary approvals to execute this AGREEMENT. It is htrther represented and ag'eed that the indivicluals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, binii the party on whose behalf this AGREEMENT has been sigted. 8. MISCELLANEOUS 3. L No Adnussion: Nothing contained herein shall be construed as an admissum by THE CITY of any liability of any kutd. THE CITY denies any liability in e~iinection Page n ofv EMPLOI'EE's Initials with an_v claim and intends hereby solely to avoid potential claims and/or Imgatton and buy its peace. $? Governing Law: This AGREEMENT has been executed and delivered wdhin the State of Cahfornta, and the rights and obhgatwns of the parnes shall he construed and enforced m accordance with, and governed by, the laws of the State of Calrfomra. $3. Full IntetTation: Tlus AGREEMENT rs the entire agreement between the partres with respect to the subiect matter hereof and supersedes all prior and eonternporaneous oral and written akTeements and discussions. Thts AGREEMENT may be amended only by a further agneement in writing, sigmed by the partres hereto. 3.4. Continum¢ Benefit This AGREEMENT rs binding upon and shall inure N the benefit of the parties hereto, them respective agents, spouses, employees, representatives, offietals, attorneys, assi~rs, heirs, and suxessors m interest. $. i. Joint Draftms:: Each party agrees that it has woperated in the drafting and preparation of thts AGREEMENT. Hence, m any construction to be made of this AGREEMENT, the partres agree that same shall not be construed against any party. $.6. Severabthty: In the event that any term, covenant, condition, provision or agreetent contained m this .AGREEMENT is held to be invalid or void by any court of competent turisdiction, the invalidity of any such term, covenant, condition, provision or :+a'eement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect. 5.7. Titles: The titles uicluded in this AGREEMENT are for reference only and are not part of its terms, nor do they m any way nuidrty the terms of thts AGREEMENT $.3. Counterparts: Tlus AGREEMENT may be executed in counterparts, and when each party has sibnied and delivered at least one such counterpart, each a~untetpart shall be deemed an original, and, when taken together with other srgied counterparts, shall constittrtc uric AGREEMENT, which shall be binding upon and effeMrve as to all partres. $9. Nonce: Any and all notices given to any party under flits AGREEMENT shall be given as provided in this paragrraph. All notrces given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion. and addressed to the parties as set forth below. Notices shall he deemed, for all purposes, to have been given on the date of personal sen•rce or three (i) consecutive calendar days tollowutg deposit of the same in the United States mail. As to Eb4PLOYEE: At EMPLOYEE'S home address on file wtth THE CITti'. Pagr 7 of y EMPLOYEE'S initials As to THE CITY: Fred Galante, Esy., Alesh~re & Wvnder, LLF' 1SSS1 Von t~arman Avenue Suite -FOfi Irvine, CA 9261 ~ With a cope to: City of Lynwood Attn: City Manager 11330 Bullis Road Ly~rwood, C.4 90'6 IN WITNESS ~i'HEREOF, THE C'ITl' has caused this AGREEMENT to be s~gmed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOI"EE has signed and executed this Agreement, and the attorneys for THE CITti" and EMPLOI"EE, if any, hs~e approveit as to form as of the dates written below. DATED: EMPLOl"EE By: THE C[Tl" DATED: E3y Mawr ATTEST: City Clerk Fade Y of u EMPLOl'EE's Initials APPRO~"ED AS TO FORD7: ALESHIRE & b1~'NDER, LLP Bv: Fred Galante, City .~ttomev [ENIPLO~'EE's L.AW FIRM] B v: [Counsel] PU°2 U otc) EMPLOI'EE's Inirials ~,-~-, ,~~~,; AGENDA STAFF REPORT ~., Date April 15, 2008 To' Honorable Mayor & City Council Mern Approved By Roger L Haley, Crty Manag J ,f~ Prepared By Perry Brents, Director, Recreation & Community Svcs Subtect Request for Assistance - St Francis Medical Center Recommendation: Staff recommends that the City Council adopt the attached resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING FOR THE USE OF STAFF TIME TO FACILITATE SUPPORT SERVICES FOR ST. FRANCIS MEDICAL CENTER'S SPECIAL NEEDS HEALTH FESTIVAL." Background: St Francis Medical Center in collaboration with Faison and Faison Children's Dental Center and LA Care Health Plan are requesting the assistance of the City of Lynwood to co-sponsor the first-ever Special Needs Health Festival The request is for City staff support to hang a street banner, provide for tables, chairs, canopies, and for staff to provide a Kid's Corner for face painting and games All of the activities will be conducted on the St Francis Medical Center Campus, Saturday, April 26, 2008. Discussion and Analysis: The City's participation in this event would be as a co-sponsor, providing the hanging of a street banner, a city information booth, the use of tables, chairs, canopies, and approximately 4-6 hours of staff time to provide a Kid's Corner for face painting and games. Special needs for this event, means those children and adults identified or diagnosed with being challenged by a physical or mental disability. The purpose of this event is to focus attention on those families and children that have special needs; identifying resources for their dental, medical, vision and insurance related services Fiscal Impact: The estimated costs for providing support services to St. Francis including staff time, permits, hanging of a street banner, and to provide a Kid's Corner is approximately is approximately $550 Coordinated With: Public Works Finance Department r iTi.kA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING THE USE OF STAFF TIME TO FACILITATE SUPPORT SERVICES FOR ST. FRANCIS MEDICAL CENTER'S SPECIAL NEEDS HEALTH FESTIVAL WHEREAS, a request for assistance was made by St Francis Medical Center to have the City of Lynwood co-sponsor the first-ever Special Needs Health Festival; and WHEREAS, the City Council of the City of Lynwood recognizes that the purpose of this event is to focus attention on those families and children that have special needs and has approved the sponsorship request by St. Francis Medical Center to hang a street banner and to provide staff support services to the Special Needs Health Festival, and WHEREAS, the St. Francis Medical Center Special Needs Health Festival is not identified in the City's adopted budget for fiscal year 2007/08; and WHEREAS, support services from the city includes staff time to hang a street banner, tables, chairs, and canopies and staff to conduct a Kid's Corner for face painting and games. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The City of Lynwood will provide support services to the St. Francis Medical Center Special Needs Health Festival and participate as a co-sponsor. Section 2 Any cost associated with the City of Lynwood's participation in said event is approved as in-kind services only, no monetary expenditures will be granted. Section 3 This Resolution is to begin effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 15th day of April 2008. ATTEST: MARIA T. SANTILLAN, MAYOR APPROVED AS TO CONTENT: MARIA QUINONEZ, CITY CLERK ROGER L. HALEY, CITY MANAGER PERRY BRENTS, DIRECTOR RECREATION & COMMUNITY SVCS APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 15"' day of April 2008, and passed by the following votes: AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } Maria Quinonez, City Clerk I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15"' day of April 2008 Maria Quinonez, City Clerk 1 ~T. ~tt_~.1vCiS ~~~q 1~~E[3dt ~Y ~.~F^,~EP-it ~~~~ll our tni<._;,, ~t i.; ;it: March 31, 2008 Honorable Mayor & City Council 11330 Bullis Road Lynwood, CA 90262 Dear Honorable Mayor and City Council, ~ ,~, ~... On behalf of St. Francis Medical Center and Dr. Alphonso and Jari Faison, I would like to invite the City of Lynwood to collaborate with us in the up- coming health fair event that will be specifically for Children with Special Needs. This is the first time such an event is being coordinate for children in our community with special needs, the event will take place on Saturday, April 26, 2008, at St Francis Medical Center campus If the City approvals to collaborate with us for this event I would like to request if the City could support this event with tables, chairs, and canopies this would help us with cost of renting the requested items Also, if the City could assist us in hanging a street banner that will advertise our event to the residents of Lynwood and also waiver of any fees that may be attached to this request If you have any questions or concerns please, feel free to contact me at your convenience at 310 - 900.7338. Sincerely, L n r Gilda Acosta-Gonzalez Director Healthy Communities Initiatives _~~_ ~~}, '~<+#"'`F AGEN®~- STAFF REPOFZT Date: April 15, 2008 To: Honorable Mayor and Members of the City Council Approved By: Roger L. Haley, City Manager(~~~~~ l/ Prepared by: Deborah Jackson, Director of Quality of Life Service's-` -~; Natalia Medina, Block Watch Coordination Spec. , Subject: Request for Special Permit: Harris Avenue -Street Closure Recommendation: Staff respectfully recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HARRIS AVENUE STREET CLOSURE FOR A SPECIAL MEETING ON SATURDAY, APRIL 26, 2008." Background: A request was made by the residents of Harris Avenue to close a portion of Harris Avenue (between Josephine Street and Agnes Avenue) to conduct a special meeting with Mark Ridley Thomas on Saturday, April 26, 2008 from 3:00 pm to 7:00 pm. Discussion & Analysis: The applicant is requesting a street closure and fee waiver for any cost associated with the street closure being requested. A special request has also been made for a setup for 150 people to include tables, chairs, canopies, linen, sound system and staff support. As a practice, the City Council has waived the fee for street closures such as this. 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 be blocked. .-,;_. J.~~._lDt t! i`ivt ~o • Public Works -The area included in the street closure must be fully cleaned of all debris by the applicant. OPTIONS FOR COUNCIL CONSIDERATION: 1. Approve the street closure for this meeting with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. 2. Approve the street closure for this meeting with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. 3. Approve the street closure with a waiver of fees and prowde items and/or services requested by the group that can be reasonably acquired by staff. 4. Deny this request. Fiscal Impact: The special permit fee for a street closure is $254. The City will not realize this revenue if the fee is waived. Staff time will also have to be considered for the set up & removal of tables, chairs etc. if approved by City Council. Coordinated with: LA County Sheriff's Department, LA County Fire Department, Public Works Department, Recreation & Community Services Department, Finance Department and City Attorney's Office. Attachments: Application for Special Permit RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HARRIS AVENUE STREET CLOSURE FOR A SPECIAL MEETING ON SATURDAY, APRIL 26, 2008 WHEREAS, a request was made by the residents of Harris Avenue to close a portion of Harris Avenue (between Josephine Street and Agnes Avenue); and WHEREAS, the purpose of the closure is to promote neighborhood cohesiveness and Senator Mark Ridley Thomas will be present; and WHEREAS, the residents of Harris Avenue are requesting the street closure for Saturday, April 26, 2008 from 3:00 p.m. to 7:00 p.m. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the City Council approve the street closure for this meeting with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure subject to all conditions being met. Section 2. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 15T" day of April, 2008. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk Roger L. Haley, City Manager Approved As To Form. Fred Galante, City Attorney Approved As To Content: Deborah L. Jackson, Director Quality of Life Services Department . _ f. Lyle I'~ ~! i. , . I~ •I~ ;.1 ~~I CITI'OF LYNWOOD ~~ I - Q ~PPLIC TION FOR SPECIAL PERMIT 11330 Buws ROAD J LYFJWOOD C . SJ~oJ r 31 G-o0?-0230 ••F _._ - APPLICANT INFORMATION : ,~~ CDLC NAME/I '~'f~~(`_; '1~~1"LJ PHiIPJE <>?/O 'CL~`/`:JC!I E>ti . : .4DDRE. / ~ `7 ~ DIT'1 ss ;'% ~l'`~ ~~1~/, ~l,'r° J / `f/~~f~~~~r'. SIP ~:~ OCOUP4TION tl /~/~ -~ ~ ~ C E , tJUMBEP. OF PEP,SONS EFdPLOYED SBE ISrare Edam or EQOal~oal~cn reumoen EVENT INFORMATION ~ r' II. I ~ II ri:' I~ T'iPE OF PEF.Pd1T P.EOUESTED `Jr~ ~'C~~'~~~Lt :j~%~j%°F II~~J~-~ `~ _~~-I , ,, , DA.TE(SI OF EVEPJT~-;~~; --[!I ~ ll r ~~I~ r~ IL Lil APR - 2 2W8 ~~ J /y 7~ HOUF.S OF OPERATIOFJ 7~ - / f _ _:. ., __,_ _]__J __ _ _ _i~c _ Y ADDP.E SS OF PROPOSED EVEFJT LOC.4TIOFJ SPECIFIC .~.F.E%. DESIGNATED FGF. EVEFJT ~~~~~ I,/~~. / / 7 . ~f•~1frJ[:/w/JC ~'.~C~~~ i IS STF.EE7 CLOSURE BEINr, F.EOUESTED ~('I E~j NO (CIRCLE OFJE1 QF 'i ES. 6RIEFL'i E1iP~HIFJ REASQFJ FOP. EVENT AP1B-E6+7`.~URE I `rff i%r~/?.~ij,(. ;?-I f' IF INDOOP.S .4PPF.OXIF~IATE TOTAL GP.OUND FLOOR. AP.EA OF STF.UCTURE HAVE YOU PAADE HN APPLICATIOFJ FOP. THIS TYPE OF PERMIT BEFORE? :YES ? NO IF iE5 !^JHEP.E A.NO WHEPJ ~ 7' ~~ ~' ~ ~~ r - IS THIS .v FOR-PROFIT (CIR.CLE OFJEJ IF THIS IS A tJON-PP,OFIT E`/EIJT OP, r. CERTAVJ POP.TION OF THE PROCEEDS BENEFIT A NON"PF.OFIT AGENCY OP. OP.GAPll~4TIOtJ PLEASE Pp.O'•/IDE THE FOLLOWING tJ.4ME OF ORGP.tJI ,4TIOtJ BEIFIG BEIJEFIT ED STATE NON-PROFIT tJUtdBEP. ADDRESS OF OR.GAFJ I,'_ATION PHONE IS A WAIVER OF FEES BEING REQUESTED i~'i ES~' FJO IF 1'ES. EXPL.4IFJ ~~ A NEGOTIATED PERCEFJTAGE GF THE PROCEEDS IS P,EOUESTED TO BE DOFJATED TO THE Clri I HEREBY CERTIFI' THAT ALL : TATEMEFJTS MADE ItJ THIS APPLICATION A.RE TRUE AND COA9PLETE .4tJG THAT ANY Fd ISSTATEMEfJTS OF ~F,TEP,IAL FEjCTS WILL CAUSE F ` ~ FOP.FEITUP.E OF FE-ES AFJD DENIAL OF PERMIY, /~j`~,.~~' r J ~ ~ ~~ w . '~ , ~ ~~~>S'IGNrCTUP, OF A. PLICAFJT DATE .,{ I C_t''~E'~°I f'_~~ ~' F'L `\ I I I Ilt-[~ `~' ~ h.11~11`~ ~ll~i~ Y~J~ SIGFJATURE OF hPPLICANT DHTE 'L L ~.L ~".' { / ~ ~, hCCEPTHNCE nF THI5 hPPLICATIGN FOP. FEVIENJ FJOES NOT IFAPLY APPROVAL THIS FEP.I'd IT P.EOUIP.ES GIT! COUNCIL AVPROVAL YJU WILL BE NOTIFIED hr CORGINGL~ L ;, r' `;:i~ I II I ~;! LlFli~_ -'I `'=lr_.ill Fh' r_' ~- jj`=i~''C• ,~ ~a~~ ~ ! ,t~ EI ~ r~ilC- ~,,, ~, .~~,~~;~~ AGENDA STAFF REPORT Date. April 15, 2008 To: Honorable Mayor and Members City Council Approved by: Roger L Haley, City Managgf-~~~~~=C/ ,:, Prepared by: Perry Brents, Director of Recreation & Community Services j =~ Subject: The Mexican National Circus Recommendation: Staff recommends that the Lynwood City Council approve the circus with the stipulation that all City of Lynwood fees be paid in accordance with the current fee schedule. Background: Representatives of the Mexican National Circus have requested the approval of City Council to schedule Circus performance dates in the City of Lynwood on April 18-28 and May 15-26, 2008. Discussion & Analysis: The Mexican National Circus is requesting to hold a circus on two separate occasions using two properties within the jurisdiction of the City of Lynwood. The Mexican National Circus is a one ring circus that consists of jugglers, wire-walkers, trapeze artists, acrobats and clowns. No exotic animals. There would be one show each day from 7:30 p m. - 9:30 p.m. with two shows on Saturday and Sunday between the hours of 5:30pm-9:30pm. This type of circus used to be an annual occurrence held at the Lynwood Century Plaza Shopping Center, Ham Park and/or Lynwood City Park. The circus proprietors have asked for a waiver of fees The Mexican National Circus would like to use the following properties on the dates shown below: April 18-28 -Macias Development - 2900 Fernwood Ave ,Lynwood, CA 90262 May 15-26 -Compton Fashion Center - 2100 N. Long Beach Blvd., Lynwood, CA. 90262 Fiscal Impact: Permit fees $9,464.73 Coordinated with. City Manager's Office City Attorney's Office Finance Department Public Works/Ground Maintenance LA County Shenff's Department ` ~; ~y-~,~ LA County Fire Department ! ;l:..~s.;i ATTACHMENT: Application for Special Permit ~~ clr, of u•rawooo APPLICATION FOR SPECIAL PERMIT 11330 BULLIS POAD LYNWOOD CA 9026? 310-503-0220 APPLICANT INFORMATION: rJUMBER OF PEP,SONS EMPLO'fED a. a-- SBE ~-$ VJ ~~, 7 `` (Slat= Baam ul Eaualrabon Numoerl OCCUPATION C. I fGU.S YC Pf`P.SPYI I"Q ~i y'P NAME TQy~i[g Jag,.,~5 QDL~~yo(so 4x99 PHONE l7pa.~63rJ -']Q~$ P.DDP.ESS yb~q MHN"T~CCIJ+~Cr Ln QITY' {.35YygS -1P Bq fog EVENT INFORMATION Tl'PE OF PERMIT REQUESTED ~Qm~_$4pUa~ oPVYni f' DATEIS) OF EVENT /} pr, ~ I $~' - .~pr;~ a$* HOUF.S OF OPERATION M - J= 7: 30- 9; 'gyp SG+. S~~ 6 -qql a~~ ADDP,ESS OF PROPOSED EVENT LOCATION o~"I OJ7 /-ey',lc~r,~~/ fJ`r~- SPECIFIC AREA DESIGNATED FOR EVEtJT~~~ /O"f" nn P/`pPcr 'f"'l IS STREET CLOSURE BEING REQUESTED Y'ES lu (CIRCLE ONE( (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE ) w co h, J-I `~ r, N V o W ~ ~f IF INDOORS, APPROY.IMATE TOTAL GROUND FLOOR AREA OF STRUCTURE ~^'a' ~~ ~' (~ {-' HAVE _I OU iviADE AN AFPLICATIO": F'~.°. r"!B TYF'_ nF PEP.MIT BEFORE YES NO IF YES. WHEP.E AND WHEN L.Ag (~~aQS ~ 1-"/~/~GJIz.(, a.Op ~J D IS THIS OR~PROFIT R NON-PP.OFIT EVEIJT~ ICIP.CLE OhJEI IF THIS IS A NON-PP,OFIT EVENT OR A CERTAIrJ POF,TION OF THE PROCEEDS BENEFIT A IJOJJ-PROFIT AGEfJCV OR ORGAML'_ATION, PLEASE PP,OVIDE THE FOLLOWUJG NAME OF OP.GANI:ATION BEING BENEFITED STATE NON-PP.OFIT NUMBER ADDRESS OF ORGArJI'ATION ~~P IS A WAIVER OF FEES BEIPJG REQUESTED ~ YES (rte / IF YES EXPLAIrJ 7~~ A rJEGOTIATED PERCENTAGE OF 7HE PROCEEDS IS REQUESTED TO BE OGNATED TO THE CITY' I HEREBY CERTIFY THAT ALL : TATEMENTS MADE IN TH APP ATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MAT IA CTS WILL CAUSE .4 FORFEITURE OF FEES AND DENIAL OF PERMIT „ , AGOEPTAHDE OF THIS APPLICATION FOP. REVIEW DDES HOT Ih1PLY APPROVAL THIS PERMIT REDUIRES DITY COUIJCIL APPROVAL YOU WILL BE NOTIFIEp AOCOFDrtJGLY CITY OF LYNWOOD APPLICATION FOR SPECIAL PERMIT t'1330 BULLIS ROAD LYNWGOD CA 9626? 21 G-603-0220 APPLICANT INFORMATION: NAME ~Q$StC~ KQWIOS CDLk IYvl~vga4y PHnNE(70d)G~35-7oRS ADDP.ESS Hbag Ma„-1:1..r„P~L~, CITI f-oSVP~gs ~'-IP Js91o7 OCC UPFTION CIfGKS fe~(~ypyr-tG'tf/2 t NUMBEP. OF PERSONS EMPLOI'ED ova-- SBE ~~~~j~j 1~ IState eoam of Enual.aonn NumLep EVENT INFORMATION TYPE OF PERMIT REQUESTED }PyrrPp~y.H S(~[.ra I pCfm~f DATE(Sl OF EVENT M4y 15'~ ^ ,tG f`' HOURS OF OPERATION J>)-Y 7.3D -4; 30 sgt +$wn ~iO'~10 ADDRESS OF PP.OPOSED EVENT LOCATION .;~ I OO .V~ Loney ~t~ B/ Cc• !r,_ SPECIFIC AREA DESIGNATED FOR EVENT tiQ}' ~J~,{ Cj~jn ~yfLij~ (p,.~ ~~,-P,. ~%-.-J L ^^ r 7 `- ISSTREET CIOSUP,E BEING REQUESTED YES NO (CIRCLE OIJE1 0 (IF vES, BP.IEFLY EXPLAIN P.EASON FOR EVENT AND CLOSURE I IF INDOORS. APPROY.IMATE TOTAL GROUIJD FLOOR. AREA OF STRUCTURE "IvI+~ IaOx I,;ft7 -Pt HAVE 1'OI I MADE .4N APPLICATION FOR TRIG TVPF nc of RnmT FFFnoc~ ~ ~~ IF YES, WHERE AND WHEN ~-~5 V~~ ~ y ^,(p~ ~. p0 IS THIS FOR-PROFIT RNON-PROFIT EVEtJT~ (CIRCLE ONEj IF THIS IS ANON-PROFIT EVENT OR A CERTAIPJ PORTION OF THE PROCEEDS BENEFIT A A tJON-PP.OFIT AGENCY OP. OP.GANI7_ATION. PLEASE PRO`JIDE THE FOLLOWIPJG o tJAME OF ORGANI?ATIOtJ BEING BENEFITED W N STATE NON-PROFIT NUMBEP. N ADDRESS OF ORGANIZATION PHOtJE o - 4 a IS A WAIVER OF FEES BEING REQUESTED ~Y'ES ((P~O'J Q IF 1'ES, EXPLAIN ~x A NEGOTIATED PERCENTAGE OF THE PP,GCEEDS IS REQUESTED TO BE DOfJATED TO THE CIT'i I HEREBY CERTIFY THAT ALL : TATEMENTS MADE IN THI APP ATION ARE TRUE AND COMPLETE AND THAT AtJY' MISSTATEMEtJTS OF MAT fP. TS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PEP,PAIT ' j 3~as TURE OF APPLICANT DATE SIGNATUP.E OF APPLICANT DATE ACCEPTANCE OF THIS APPLICATION FOR P.E VIEW DOES NOT VAPLY APPROVAL THIS PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY ~. ~ ~ +i~ ,,:.1 DATE April 15, 2008 TO: Honorable Mayor and Members of he iwood Cdy Council APPROVED BY: Roger L. Haley, City Manager C~Y> PREPARED BY: G. Daniel Oleda, P.E , Director of Pu rc Works /City Engineer Josef Kekula, Civil Engineering Associate SUBJECT: Traffic Signal Improvements and Additional Concrete Work At Imperial Hwy and Martin Luther King Jr. Blvd. Recommendation: Staff recommends that the City Council of the Crty of Lynwood adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CHANGE IN WORK REQUEST NO. 9 WITH LOS ANGELES COUNTY FOR THE TRAFFIC SIGNAL AND MISCELLANEOUS CONCRETE IMPROVEMENTS AT THE INTERSECTION OF MARTIN LUTHER KING JR BLVD AND IMPERIAL HWY, PROJECT NO. 4011.67 988, AUTHORIZING THE ADDITIONAL WORK AND THE CITY MANAGER OR DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS." Background: In late 2006, the City established a priority list of 12 signalized intersections that are in need of traffic signal improvements and upgrades. Some of the improvements include new conductors, conduit, indicators, hardware, control cabinets, pedestrian head, traffic signal head and software. As such, the City approved Project No. 4011.67 988 to start addressing these signalized intersection improvements; including the intersection of Imperial Hwy and Martin Luther King Jr. Blvd. The Los Angeles County Truck Impacted Intersection Protect started April 7, 2008, as such the City requested a price quote through the County to do the needed traffic signal improvements at the intersection concurrently with this protect. The cost estimate for this work is $45,330. Also some additional concrete work is recommended to improve drainage and pedestrian safety at Imperial Hwy and Martin Luther Kiny Jr. Blvd. The additional concrete work consists of additional sidewalk, curb and gutter and concrete pavement. The cost estimate for this part of the additional work is $11,400. ~z Discussiorro and ar2alysis: By utilizing the existing County Truck Impacted Intersection Protect conU~act to upgrade the traffic signal and do the recommended additional concrete improvements, the improvements can be done more cost effectively and expeddiously and the City may realize a savings upwards of $20.000 Adchtionally the need to cut a newly improved street at a later date will be avoided. Fiscal Impact: Proposition C funds for the traffic signal upgrades and unprovements are available in protect account 401 1.67.988 The cost estimate for- this phase of the protect is $45,330. No shortfall is anticipated in this protect, however additional funds are available ui the protect account. Proposition C funds for the addition concrete work are available in Project account number 4011.67.997. The cost estimate for these unprovements is $11,400 No shortfall is anticipated in Protect account 4011.67.997. Coordinated With: City Attorney's Office, City Clerk's Office and Finance Department RESOLUTIQN No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CHANGE IN WORK REQUEST NO. 9 WITH LOS ANGELES COUNTY FOR THE TRAFFIC SIGNAL AND MISCELLANEOUS CONCRETE IMPROVEMENTS AT THE INTERSECTION OF MARTIN LUTHER KING JR BLVD AND IMPERIAL HWY, PROJECT NO. 4011.67.988, AUTHORIZING THE ADDITIONAL WORK AND THE CITY MANAGER OR DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS WHEREAS, the City entered into a Cooperative Ayreernent with the Gateway Cities Council of Governments for the Truck Impacted Intersection Prolect, and WHEREAS, in Lynwood the intersection of MLK Blvd and Imperial Hwy was selected for improvements as part of the Truck Impacted Intersection Project; and WHEREAS, the traffic signal at the intersection of Imperial Hwy and Martin Luther Kiny Jr. Blvd needs upgrades and is third on the traffic signal improvement priority list, and WHEREAS, the cost estimate for the traffic signal improvements is $45,330 and Proposition C funds for the traffic signal upgrades and improvements are available an project account no. 4011.67.988; and WHEREAS, additional concrete improvements are recommended to improve drainage and public safety in the intersection area; and WHEREAS, the cost estimate for concrete improvements is $11,400 and Propositron C funds for the additional concrete work are available in project account no. 4011.67.997, and WHEREAS, the traffic signal upgrades and the recommended concrete rmprovements can be completed more cost effectively and expeditiously through the current County Truck Impacted Intersection Project. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the City Councrl of the Crty of Lynwood approve the Change in Work Request No. 9 and authorizes the use of Proposition C funds from account no 4011.67.988 to fund the traffic signal rmprovements at the rntersection of Imperial Hwy and Martin Luther King Jr. Blvd. Section 2. That the City Council of the City of Lynwood approve the additional concrete improvements and authorizes the use of Proposition C funds from account no 4011.67 997 to fund the additional concrete work at Imperial Hwy and Martin Luther King Jr. Blvd Section 3 Thai the City Council of the City of Lynwood authorizes the City Manager or Designee to sign the necessary documents to proceed with the traffic signal improvements at Imperial Hwy. and Martin Luther King Jr. Blvd. Section 4. This resolution shall yo rnto effect unmediately upon ds adoption. Section 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15th day of April, 2008. Maria T. Santdlan Mayor ATTEST Maria Quuionez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ofeda, P.E., Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, Cdy Clerk of the Cdy of Lynwood, do hereby certfy that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of saki City on the day of ,and passed by the following vote: AYES. NOES ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and 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 City Clerk, City of Lynwood r~'t=' . ~a l ~, e. t :~~~.#~,,~ r, L~.. ~t nwrnn :i' DATE: April 15, 2008 TO: Honorable Mayor & Crty Counctl Me APPROVED BY: Roger L Haley. Crty Manag r ;~ .% PREPARED BY: G Daniel Oleda, P.E., Director of P is Works/City nyineer Josef Kekula, Crod Enguieenny Associate SUBJECT: Appointing Willdan As Interim City Surveyor for Parcel Map No. 26625 Recommendation: Staff recommends that the City Council adopt the following resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING WILLDAN & ASSOCIATES AS INTERIM CITY SURVEYOR FOR THE SUBDIVISION PLAN CHECK OF PARCEL MAP NO. 26625 AND AUTHORIZING THAT AN ACCOUNT BE ESTABLISHED FOR A DEPOSIT FROM THE DEVELOPER TO PAY WILLDAN & ASSOCIATES FOR SUBDIVISION PLAN CHECK FEES OF PARCEL MAP NO. 26625" Background: On May 11, 2004, the Lynwood Planning Commission approved Planning Commission Resolution No. 3006 approving Tentative Parcel Map No. 26625. Since that time the City Planning Commission has granted three extensions for this Parcel Map. This subdivision map is highly complex and requires a focused effort for checking It has increased from a few sheets to 32 sheets and may reach 40 plus sheets by the time it is ready for final approval As such, the developer is having difficulties with the technical survey aspect of the subdivision plan check Currently, the Parcel Map is still not quite ready for the compliance check or final check of easements by the City In order to finalize the Parcel Map and to avoid another time extension request, the developer has asked for the City's assistance in expediting the technical portion of the plan check process. They have proposed that an outside consultant finish the technical subdivision plan check instead of the Los Angeles County Surveyor's office. In addition, because of the growing complexity and number of easements involved, staff___ informed the developer that City engineering staff would need several weeks oAGrei'•if: complete its component of the final subdivision plan check. To expedite this proce~s iTEPva 23 the developer has agreed to pay a consultant for this poiiion of ilia subdivision plan check As Wdlclan & Associates has an exisUny contract with the Crty to do budduig plan check, they were asked to do the fuial easement check and final subdivision map review Discussion & Analysis: The County of Los Angeles is the City's designated Land Surveyor. As such, they are currently doing the technical subdivision plan check for this Parcel Map. Staff has contacted the County Surveyor's staff to discuss the developer's proposal. The County concurred that perhaps for this particular Parcel Map rt is in everyone's best interest to designate an outside frrm to plan check and Bryn the Parcel Map as the City's Land Surveyor The developer has agreed to pay the consultant's fee to do the technical portion of the subdrvision plan check for the Parcel Map. Willdan provided staff an estimate of $20,000 for this portion of the plan check. As such, to expedite the plan check and finalize this map, the City will designate Willdan & Associates as the Interim City Land Surveyor for this Parcel Map. In order to proceed with plan checking the developer would be required to submit a deposit, to the City, in the amount of $20,000. The City would then pay Willdan directly for this work. Fiscal Impact: Since the developer will be required to pay the entire plan checking tees, there is no fiscal impact to the City. Coordinated With: City Manager, Finance, City Clerk's office and City Attorney's office RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING WILLDAN & ASSOCIATES AS INTERIM CITY SURVEYOR FOR THE SUBDIVISION PLAN CHECK OF PARCEL MAP NO. 26625 AND AUTHORIZING THAT AN ACCOUNT BE ESTABLISHED FOR A DEPOSIT FROM THE DEVELOPER TO PAY WILLDAN & ASSOCIATES FOR SUBDIVISION PLAN CHECK FEES OF PARCEL MAP NO. 26625. WHEREAS, the developer of Parcel Map No. 26625 has requested to expedite the subdivision plan check; and WHEREAS, Parcel Map No. 26625 has been granted three extensions; and WHEREAS, the City has an existing contract wrth Willdan & Associates to do plan checking on behalf of the Cdy, and WHEREAS, the developer is willing to pay Willdan & Associate's subdivision plan check fee of $20,000; and WHEREAS, the City may appoint Willdan & Associates as the Crty's interim Land Surveyor for Parcel Map 26625. NOW, THEREFORE, the City Council does hereby resolve, order, and determine as follows: Section 1. That the City Council of the City of Lynwood designates Willdan & Assocrates as the Interim Crty Land Surveyor for Parcel Map No 26625 Section 2. The City Council of the City of Lynwood authorizes the Director of Finance to set-up an account for the developers deposil of $20,000 and authorizes staff to pay Willdan & Associates from thrs account. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 15`h day of April 2008. Maria T Santillan Mayor ATI~EST: Maria Owrionez Crty Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley Cdy Manager APPROVED AS TO CONTENT G. Daniel O~eda, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS AfVGELES ) I, the undersigned, Crty Clerk of the City of Lynwood, do hereby certrfy that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held rn the City Hall of said City on the day of Aprit 15, 2008 and passed by the following vote. AYES: NOES. ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and 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 thrs day of Cdy Clerk, City of Lynwood ~ ~ r~'t r ~.: , r~ ~e~ ~~~ a,. r~a.~~~r .~- DATE: April 15, 2008 TO. The Honorable Mayor and Members f City Council APPROVED BY. Royer L. Haley, City Manage ~-r;~ , PREPARED BY. G. Daniel Oteda, P.E., Director of Public Works/City Engin er Josef Kekula, Civil Engineering Associate SUBJECT: Alley Closure Program Recommendation: Staff recommends that the City Council review staff's report on the Alley Closure Program and provide direction on how to proceed Background: This item is continued from the March 18, 2008, City Council meeting at whrch trine staff was drrected to return with a revised item that considered the Crty of Los Angeles's recent alley closure program as an option. This has been done as well as the program currently being used by the County of Stanislaus (located in Northern California), at the suggestion of our City Attorney. The City received a petitron in May of 2002, from the residents adtacent to the alley between Thorson Avenue and Harris Avenue from Josephine Street to the first alley north of Agnes Avenue; requesting that this alley be considered as a model for an Alley Closure Protect which would close off access to the alley by installing gates at the alley entrances. Their reasons for requesting the closure were vandalism, graffiti and trash. Previously in the past 15 to 20 years, in an effort to reduce graffrtr, illegal dumping and alley maintenance; the City had vacated several alleys Subsequently, to address the petition, at the City Council meeting of September 3, 2002 staff was directed to prepare a report with cost estimates for an Alley Closure Pilot Project. At the City Council meeting of September 17, 2002, staff presented Crty Council the report with cost estimates and alternatives for the Alley Closure Protect. After reviewing the alternatives, staff was directed to install wrought iron gates at the entrances of the alley between Thorson Avenue and Harris Avenue from Josephrne Street to the first alley north of Agnes Avenue The alley was not vacated as part of the pilot project The City then received a second petition in October of 2003, from other resrdents '. +; T,ftx requesting to close the alley located between Third Avenue and Fourth Avenue; w i and the alley south of Josephine Street and north of Agnes Avenue Bandar concerns were cited by the residents At the City Council meeting of November 4, 2003, staff presented a report to Council; staff was then duected to install wrought uon gates at the entrances to these alleys. After the second alley closure, there were concerns regarding emergency vehicle access, alley maintenance, emergency access to utddies located in the alley and the legality of closing a public alley. In 2004, the City Attorney was directed to research the legality of closing public alleys On July 6, 2004, the City Attorney's Office responded to the City's question on the legality of tl~e Alley Closure Program The Crty Attorney's Office concluded that the City can not close a public alley if such closwe would deny access to some members of the public while permitting access to other members of the public. Discussion & Analysis: As such, the City's Alley Closure Program is not in compliance with the California Vehicle Code Section 21102.1. Since the inception of the program the gates to these alleys have remained opened and closed at various times. To address the question of alley closures the City Council is being presented with four options. 1. Direct staff to remove the gates and maintain the alleys as public right-of- way 2 Direct staff to start an alley vacation project and vacate these alleys. If this option is chosen the alleys would revert back to the adfacent property owners, who at their discretion may then close the alleys. However, the City must consider the question of legal ingress and egress as some properties may have alley access to their garages. If this option is selected all of the affected property owners adfacent to the alleys must agree to the proposed alley vacation. They must also agree to grant each other an easement over their portion of the alley so as to gain access to their garages. The property owners will also be responsible for the maintenance of the alleys and will be expected to pay any property taxes. However, the City would still maintain utility easements through these alleys as required. 3. Direct staff to consider the alley closure program being used in Stanislaus County which under Vehicle Code Section 21102.1 authorizes the City Council, by ordinance or resolution, to adopt rules and regulations restricting vehicular or pedestrian traffic through any alley by means of gates or other barriers if necessary for the protection of the public peace, safety, health or welfare. Restricting traffic in alleys is expected to reduce or eliminate illegal activity that occurs in alleys, and will improve the health, safety and welfare of the community. As required by statute, the City will post signs at each entrance to the alley giving notice of the restriction, and 1,rovichng information about how those who need to use the alley can olitairr a key to the gate The author¢uig statute also requu~es the City to coordinate the closure wdh emergency and municipal services and with uUhty companies that mauitaui facilities in the alley. Staff wdl work with all utdiUes to ensure that they are provided access for maintenance of utilities. A lock box will he installed to ensure that agencies will have access to the alleys for emergency anti municipal services. The statute further requires that freight deliveries not be prohibited from access to the alleys. Residents who expect to receive deliveries via the alley will be required to open the gate for freight deliveries and to lock the gate once delivery is complete Finally, the statute regrrres that closing the alleys cannot restrict access of certain members of the public while permitting others unrestricted access to the alley Staff will provide a key to the gate lock to any individual who requests one. These actions ensure that the proposed restriction of traffic in the alleys complies with applicable law. 4. Direct staff to start an alley closure program similar to the one recently done by the City of Los Angeles. This program involves the issuance of a permit (revocable at City discretion) to all of the home owners fronting on any certain alley and to which all of the homeowners will affix their signatures agreeing to all of the conditions of issuance. More specifically. the City will issue the permit for closure of an alley and install gates (one at each entrance) limiting the access in exchange for maintaining the alley pavement as well as clean of trash and debris to an acceptable City standard based on periodic inspections. Fiscal Impact: Funds are not currently budgeted for the installation of the gates ($300 00 each) in option 3 or option 4. Coordinated with: City Attorney's Office, City Manager's Office, City Clerk's Office and Finance Department