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HomeMy Public PortalAbout2002-10-23CC_sp1 _<. ,~,. This Agenda contains a brief general description of each ifem to be considered. Copies of the Sfaff reports or other written documentation relating to each item of business referred fo on the Agenda are on file in the Office of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager of (390) 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 SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON OCTOBER 23, 2002 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 9:00 A.M. +, ARTURO REYES MAYOR 1 2. 3. 4. FERNANDO PEDROZA MAYOR PRO-TEM PAUL H. RICHARDS, 11 COUNCILMEMBER CITY MANAGER FAUSTIN GONZALES CITY CLERK ANDREA L. HOOPER CALL TO ORDER CITY 0~ I,YNwpOu CITY CLERKI3 OFfrIC~ LOUIS BYRD COUNCILMEMBER RAMON RODRIGUEZ COUNCILMEMBER CITY ATTORNEY MICHAEL B. MONTGOMERY CITY TREASURER IRIS PYGATT OPENING CEREMONIES CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Fernando Pedroza Louis Byrd Paul H. Richards, II Ramon Rodriguez Arturo Reyes PLEDGE OF ALLEGIANCE ~~~ 2 ~ 2ooz ..,, ,.,. DATE: October 23, 2002 TO: FROM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Faustin Gonzales, City Manager BY: Joseph Y. Wang, P.E., Director of Environmental Services/City Paul Nguyen, Civil Engineering Associate SUBJECT: Amendments to Chapter 7 of The Lynwood Municipal Code Rel Abandoned Vehicles and Towing Services PURPOSE: To have the City Council adopt an urgency or regular ordinance amending Chapter 7 of the Lynwood Municipal Code relative to the removal of abandoned vehicles and City referral towing services. BACKGROUND: At the present time, Chapter 7 of the Lynwood Municipal Code (LMC) includes Section 7-22 that specifically deals with the removal of abandoned, wrecked and dismantled vehicles in the pubic or private property. This code section sets forth the authority to remove such vehicles and the hearing, findings and appeal procedure. This code section also set forth the authority to assess the service cost against the vehicle and land owners (see Attachment "A"). On the other hand, Section 7-23 of this Chapter deals with the city referral towing services. This code section sets forth criteria and qualifications required of the contractor who desires to provide the service and the procedure the City Council would follow in issuing the referral towing services permit. This procedure includes the application process and the public hearing notification and conduct. This section also establishes the permit tax rate of 5% for this service (see Attachment "B"). Recently, on June 4, 2002, the City Council adopted Ordinance 1517 and Ordinance 1518 that govern the Parking Meter Districts and the prohibition of displaying car for sale on certain city streets. The adoption of these ordinances stemmed from the need to better regulate the long turnover of parking in the Lynwood business districts on Long Beach Boulevard and around the Saint Francis Hospital. This situation was further aggravated by the problem of displaying car for sale by private parties and car dealers on city streets and the increased problem with abandoned vehicles in the City. The enforcement of these ordinances often generates the need of removal of vehicles from public streets. This accentuates the necessity of amending the corresponding municipal codes to deals more effectively with these issues. In its special meeting of October 7, 2002, the City Council directed staff to prepare a draft revised ordinance, which gives the City Council the authority to grant exclusive referral towing permit and to set a larger permit tax rate. City council also directed staff to review the option of operating a city-owned towing facility or using a contractor. Subsequently, in its meeting of October 10, 2002, the City Council directed staff to conduct an audit of the referral towing permit tax paid by a number of contractors being used by the City and the Sheriffs Department. In its meeting of October 14, 2002, the City Council directed staff to set up an agreement with a tow company to remove abandoned vehicles in public or private properties. This is to address a concern that the towing company frequently cannot recuperate the towing and storage costs because these costs may exceed the salvage value of the abandoned vehicle. r--- ... ~ A{}ENUA ITJ~ cou02248B.doc8 -rte, ANALYSIS: Staff and the City Attorney have reviewed sections of the Lynwood Municipal Code pertaining to the removal of abandoned vehicles and the city referral towing services and have identified the necessary amendments that would give the City better flexibility and control of these services. The amendments would include: 1. Designation of an exclusive towing and storage provider by resolution. 2. Setting of permit tax and penalties rates by resolution. 3. Setting amount of fees to be paid for removal of abandoned vehicles. 4. A number of other minor changes. If the City Council sees the immediate need of implementing the above amendments the City Council has the option of adopting an urgency ordinance amending Chapter 7 of the LMC and a resolution designating the city authorized towing and storage provider. Otherwise, the City Council may want to introduce anon-urgency ordinance of same for the first reading. RECOMMENDATION: To recommend that the City Council: a) Waive the reading and adopt an urgency ordinance by title: " AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE RELATING TO ABANDONED VEHICLES AND TOWING SERVICES", or b) If the City council does not find the urgency then place the ordinance for the first reading. c) Adopt a resolution by title: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING AN EXCLUSIVE TOWING AND AUTOMOBILE STORAGE PROVIDER". cou02248B.doc8 ATTACHMENT A 7-22 ABANDONED, WRECKED, DISMANTLED AND VEHICLES. 7-22.1 Definitions. As used Highway shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street. Owner of the land shall mean owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. Owner of the vehicle shall mean the last registered owner and legal owner of record. Public property does not include "highway". Vehicle shall mean a device by which any person or property maybe propelled moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Vehicles Not Subject to this Section. a. This section shall not apply to: 1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is riot visible from the street or other public or private property; or, 2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. b . Nothing in this subsection shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the State Vehicle Code and this section. 7-22.3 Findings of the City Council. In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 and subsequent sections of the State Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section. 7-22.4 Supplemental to Other Laws. This section is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, provisions of this Code and other City ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. 7-22.5 CITY MANAGER TO BE ENFORCEMENT OFFICER r'?::~Dr ~~c ~`•~""+ ~`• ~+'' '"~""" """"""'"~' '"- `'-~- "~ , ~e The provisions of this section shall be administered and enforced by the Sheriff's Department or City Department engaged in directing traffic or enforcing parking laws and abatement regulations in the Ciry under the supervision and direction of the City Manager r'::;c~Dz ~l-~~. In the enforcement of this section, the r''.::c~~„r D~~ Sheriff's Department or City employees u :a '~~~ a~~••*' may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section. 7-22.6 Authority to Remove Vehicles by Contractors Designated by City Council. .The City Council may by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of abandoned vehicles pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the said towing company for each such removal. When tti~-~.itv Cn, '~ i +...,,.+ a •~,- _ ~ , . ~~ The City Authorized Exclusive Towing Service Service Provider shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section. 7-22.7 Assessment of Administrative Costs. The City Council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, including e3~ the actual cost of removal and storage of any vehicle or parts thereof, under this section. 7-22.8 Authority to Cause Abatement, Removal of Vehicles; Notices of Intention; Hearing and Notice Required; Action Without Hearing Authorized. a. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, tie `~''''°~ "~ D '' the City Manager or its designee, or the Sheriff's Department shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle itself, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to ,license number which constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22. 1 et seq.) of the Code of the City of Lynwood. You are hereby notified to abate this t-he nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle or the part thereof is located. As owner of the land on which the vehicle or the part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a request for a public hearing, and, if such a request is not received by the City Manager 7-c~n~~r within such ten (10} day period, fhc r,,:cf cf Dole with the City Manager or its designee shall have the authority to abate and remove the vehicle or the part thereof as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or the parts thereof on the land, with your reasons for denial, and such statement sly however, be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, and may also present a sworn written statement as aforesaid in time for consideration at such hearing. Notice mailed si (date) City Manager1-~;' ~~~-Dro;-j~of the City of Lynwood NOTICE TO VEHICLE OWNER/OPERATOR OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of.record of vehicle notice should be given to both if different) As last registered and/or legal owner of record of (description of vehicle-make, model, license, etc.) you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that the vehicle or parts thereof exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22.1 et seq.) of the Code of the City of Lynwood. You are hereby notified to abate the nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice. As registered and/or legal owner of record of the vehicle or the parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the City Manager or its designee ~n~~£~F~°~~°° shall have the authority to abate and remove said vehicle or said parts thereof without a hearing. Notice mailed (date) City Manager ~''~~°~ °F D ~' f the City of Lynwood b. Upon request by the owner of the vehicle or owner of the land received by the r'"~°F °o D ~' City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located c . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers an not available to determine ownership. If such a request for hearing is not received within the ten (1 Q) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 7-22.9 Hearing Procedure; Findings. a. All hearings under this section shall be held before such the Hearing Officer, as may be designated from time to time by the City Manager, who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. b. The Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this section. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine that administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. ,~~• --~ c . If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. d . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he shall be notified in writing of the decision. 7-22.10 Appeal From Decision of Hearing Officer. a. Any interested party in a nuisance abatement proceeding held pursuant to this section may appeal the decision of the Hearing Officer by filing a written notice of appeal with such Hearing Officer in five (5) days after his decision, b. An appeal made pursuant to paragraph a. shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate. c. The Clerk shall give written notice of the time and place of the appellate hearing to the appellant and those persons to whom notice of the original hearing shall be given. d . In conducting the hearing the City Council shall not be limited by the technical rules of evidence. 7-22.11 Disposal of Vehicle or Parts. Five (5) days after adoption of the order declaring a vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if the notice is required by this section, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. 7-22.12 Notice of Removal To Be Given to Department of Motor Vehicles. Within-five (5) days after the date of the removal of a vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates of title and license plates. 7-22.13 Payment of Assessment of Costs. If the administrative costs > including the cost of removal as set pursuant to the following Subsection 7-22.14 which are charged against the owner of a parcel of land pursuant to this section are not paid within thirty {30) days of the date of the order or the final disposition of an appeal there from, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the State Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City or County Taxes. 7-22.14 Payment to the City Authorized Exclusive Tow Service Provider. The City Council shall by resolution determine the payment to the City Authorized Exclusive Tow Service Provider for the towing, storage and disposal of the abandoned, wrecked, dismantled or inoperative vehicle or parts. resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of any and all abandoned vehicles, pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the towing company for each such removal. 7-23.5 Permit Tax and Penalties. o , 0 . The City Authorized Exclusive Towing Service Provider shall pay to the City a sum provided from time to time by resolution of the City Council of that proportion of a City Authorized Exclusive Towing Service Provider's gross receipts attributed to the City's referral business. A City Authorized Exclusive Towing Service Provider who fails to remit the required sums as set by the City Council within the time required may be required to pay a penalty to be set by resolution of the City Council, in addition to the required payment 7-23.6 Accounting Records Required for Audit Purposes. City Authorized Exclusive Towing Service Providers ~~='. Y__~:i: ~*,-._. shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the ~e~ Department of Finance and Administration for audit purposes. 7-23.7 Towing Fee Rates. The maximum rates to be charged for referral towing services shall be those rates which the City Council may, from time to time, establish by resolution. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy of such resolution to all City Authorized Exclusive Towing Service Providers ~ perees h^'a'rb a th°M ' =ez=t~~ authorized under this section. 7-23.8 Tow Car Requirements. All towing equipment used by City referral towing service permit holders shall comply with the following requirements: a. Meet all ~ applicable sections of tow car requirements listed in the California Vehicle Code. b. Be adequate ~~ e~.t to handle any passenger vehicle, motorcycles and/or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow e~ trucks manufactured as such shall be used, not converted ~ other trucks. c. A Possess cable~~ winches of sufficient size and capacity to retrieve vehicles which have gone over embankments or off travelled portions of roadways into inundated areas e~' or other inaccessible locations when required. d. Tow car operators must be proficient in unlocking lid vehicles on police order e. Tow trucks shall be radio-equipped or posess similar comparable communication device with equipment approved by the pekEe- Sheriff's Department dew and operating at all times when the tow vehicle is in use or on standby. f. Any additional requirements as the Sheriff's Department may reasonably require from time to time.. 7-23.9 Obligation to Serve; Response Time. ~~ A City Authorized Exclusive Tow Service Provider is ~e required to respond to any and all calls from a member of the Sheriffs Department or designated City employees for towing services within the City and shall provide such services for any vehicle as directed by the member of the Sheriffs Department or City. Response time for referral services shall be within fifteen (15) minutes of such requests twenty four hours (24 hours) at all times including weekends and holidays. The City Council may suspend or revoke a permit issued pursuant to these provisions for repeated failure to comply with this subsection. 7-23.10 Storage Requirements. All City Authorized Exclusive Tow Service Providers shall conform to the following storage requirements= a. Storage lots areas must be properly fenced with a suitable material, six (6) feet in height; lots must be equipped so as to provide adequate lighting during the hours of darkness and shall be provided with ample facilities for locking vehicles and providing security. b. f ~ , '- °'„" °°"""°a Storage areas shall be secured to preclude the possibility of theft, possible damage or the contamination of prints, or spoliation of other evidence. c. The ~- towing service and garage will be available on a twenty-four (24) hour basis and an attendant shall be available within fifteen (15) minutes to answer requests for service at the official towing service garage. d. Whenever the term "day" is mentioned in these requirements, it is to be interpreted as a twenty-four (24) hour period from the time of impoundment, including weekends and holidays.. e. Vehicles stored for prints, photographs or special investigations shall be stored inside to be protected from dust and dirt or deterioration by the sun or other elements and shall not be removed from such storage unless and until authorized by appropriate member of the Sheriff's Department. f .All ice- Sheriff Department and City employees' tows shall be considered as ~ e impounds. All other tows shall be agreed upon between the owner of the vehicle and the contractor. 7-23.11 Insurance Requirements. City Authorized Exclusive Tow Service Provider ' shall comply with the following insurance requirements: a. Each City Authorized Exclusive Tow Service Provider shall furnish the City a policy or certificate of liability insurance in which the City is named insured or is a named as an additional insured with the contractor. The insurance hereunder is primary and shall be noncontributory to any other insurance available. The policy shall insure the City, its officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the permit. F°°~ +~ R ..L_„ ___ _ _ _ ., „b - The coverage amounts shall be set by City Council resolution from time to time. Notices of limits and changes on coverage shall be furnished to each contractor in writing, which shall comply within thirty (30) days and thereafter maintain the revised policies unless until subsequently amended. 1-a~ ~~~~o~l3ilit -~-t i, a a +~ ip-~ ~ (~~.-,n y n nnn nm a ii ~ , r„CT~"r--Tj 07'"'1"I01TC[ITPOT' GIIL.-rn , -e r~ ~ 1 ~ ~ .a 1 7 1 r t ,~ ~ ~ vi ~ via~xvyir, l1+1 D,.,.„,,,.+ .-m--~-~-~-.racy E~am~g~-1i~hin~ _` t , ~' - cr ic ~E1'tl-vn ,-~.., b. The City shall be notified by certified mail not less than thirty (30) days before expiration or cancellation of policies in effect 7-23.12 Records; Availability; Provisions. D° ~:a-c,.l too.-~~ City Authorized Exclusive Tow Service Providers and/or storage garage operators shall maintain records of all impounded and stored vehicles ordered by the Sheriffs Department and designated City employees at their places of business. Such records shall be available to the representatives of the Sheriff's Department t° ~°'~°° ~~~°°r~ and *'~° ~icc;~;e, r '~~~ City Manager or his authorized representatives only. -riYCSC s Records must be retained for a~-lest not less than two (2) years. The records to be maintained :shall be designated by the City Manager. ' - ~ t, a ~ ~ ^ Y ~ Y Y Y J `~• ~ f?E~1111c~~nt~irtan~thr ~n, ' t + ... I.IJL 01~110.2LCi'~ 7-23.13 Scene of Accident. ~-If a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the Sheriffs Department, the tow truck operators shall cooperate with t~l~elaw enforcement officers in removing hazards and illegally parked vehicles. ^~~'*'~° ~*r°°*. 7-23.14 Record Log Required To Be Kept by Tow Service. The referral tow service and storage garage operators shall keep a 24-months continuous record log showing the time and date that they receive each and every call from the Sheriffs Department or City employee. 7-23.15 Vehicle Release. No work or contract shall be entered into between ~e a referral tow service and the storage garage operator and the vehicle owner or his agent until the vehicle has been released by the Sheriffs Department or designated City employee. 7-23.16 Rights of Vehicle Owner. The right of any vehicle owner involved in a traffic collision to call for a towing ~-service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the services of the C: ;~'~ :°~ r:~l ioo.~~~ City's Authorized Exclusive Tow Service Providers and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle. 7-23.17 Tow Service Responsible for Vehicle. The tow service and storage garage operator, upon signing CHP Form No. 180, or such successor form, Report of Impounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound. 7-23.18 City Manager to Approve Display of Signs by Tow Service. Except as otherwise provided, a tow service and storage garage operator shall not display any signs or advertising materials which indicate *'~~*~ an official towing service or police garage of the City without having received the prior written permission of the City Manager. 7-23.19 Inspection of Facilities. The City reserves the right to inspect the facilities, equipment, and premises of the p~ ~~~ City Authorized Exclusive Tow Service Providers at any time during the life of this permit in order to ensure that all terms and conditions of this Code are being satisfactorily met and complied with. 7-23.20 Power to Revoke or Suspend Permits. Permits provided for in this section may be granted, denied, revoked, suspended or cancelled whenever in the exercise of reasonable and sound discretion, the City Council determines that the provisions of this section have not been complied with or that the pt~e- City Authorized Exclusive Towing Service Provider is not a fit or proper company per-serf to operate a City referral towing service. 7-23.21 Violation Unlawful. It shall be unlawful for any person to violate any of the subsections or provisions of this section and shall subject the violator to such civil penalties as may be appropriate. ORDINANCE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNCIPAL CODE RELATING TO ABANDONED VEHICLES AND TOWING SERVICES WHEREAS, the City of Lynwood has recently adopted specific procedures for the abatement and removal of abandoned vehicles; and WHEREAS, the City of Lynwood has a need to modify a procedure for referral towing services; and WHEREAS, the problem of abandoned vehicles within the City of Lynwood has increased recently through the frequency of the situation; and WHEREAS, Vehicle Code section 21100 provides that cities may by ordinance or resolution license and regulate the operation of tow truck services where the principal place of business is within the City of Lynwood; and WHEREAS, the City Council has found, upon information and documentation provided by staff that stricter provisions with regard to the abandonment of vehicles and towing services is in the best interests of the City of Lynwood. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOW: Section 1: That Section 7-22.5 be amended to read as follows: 7-22.5 CITY MANAGER TO BE ENFORCEMENT OFFICER. The provisions of this section shall be administered and enforced by the Sheriff's Department or City Department engaged in directing traffic or enforcing parking laws and abatement regulations in the City under the supervision and direction of the City Manager. In the enforcement of this section, the Sheriff's Department or City employees may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section. Section 2: That Section 7-22.6 be amended to read as follows: 7-22.6 Authority to Remove Vehicles by Contractors Designated by City Council. The City Council may by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of abandoned vehicles pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the said towing company for each such removal. The City Authorized Exclusive Towing Service Provider shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section. Section 3: That Section 7-22.7 be amended to read as follows: 7-22.7 Assessment of Administrative Costs. The City Council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, including the actual cost of removal and storage of any vehicle or parts thereof under this section. Section 4: That Section 7-22.8 be amended to read as follows: 7-22.8 Authority to Cause Abatement, Removal of Vehicles; Notices of Intention; Hearing and Notice Required; Action Without Hearing Authorized. a. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager or its designee, or the Sheriff's Department shall. have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle itself, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to ,license number which constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22. 1 et seq.) of the Code of the City of Lynwood. You are hereby notified to abate this nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice, and, upon your failure to do so, the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle or the part thereof is located. As owner of the land on which the vehicle or the part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a request for a public hearing with the City Manager's Office. If such a request is not received by the City Manager within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove the vehicle or the part thereof as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or the parts thereof on the land, with your reasons for denial, and such statement however, be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, and may also present a sworn written statement as aforesaid in time for consideration at such hearing. Notice mailed s~ (date) City Manager of the City of Lynwood City Manager of the City of Lynwood NOTICE TO VEHICLE OWNER/OPERATOR OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATNE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle notice should be given to both if different) As last registered and/or legal owner of record of (description of vehicle-make, model, license, etc.} you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that the vehicle or parts thereof exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22.1 et seq.) of the Code of the City of Lynwood. r You are hereby notified to abate the nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice. As registered and/or legal owner of record of the vehicle or the parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove said vehicle or said parts thereof without a hearing. Notice mailed s/ (date) City Manager of the City of Lynwood b. Upon request by the owner of the vehicle or owner of the land received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located c . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers an not available to determine ownership. If such a request for hearing is not received within the ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Section 5: That Section 7-22.9 be amended to read as follows: 7-22.9 Hearing Procedure; Findings. a. All hearings under this section shall be held before such the Hearing Officer, as may be designated from time to time by the City Manager, who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. b. The Hearing Officer may impose such conditions and take such other action, as he deems appropriate under the circumstances to carry out the purpose of this section. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine that administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. c . If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. d . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he shall be notified in writing of the decision. Section 6: That existing Section 7-22.13 be deleted and new language be added to read as follows: 7-22.13 Payment of Assessment of Costs. If the administrative costs including the cost of removal as set pursuant to the following Subsection 7-22.14 which are charged against the owner of a parcel of land pursuant to this section are not paid within thirty (30) days of the date of the order or the final disposition of an appeal there from, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the State Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City or County Taxes. Section 7: That a new Section 7-22.14 be added, to read as follows: 7-22.1 4 Payment to the City Authorized Exclusive Tow Service Provider. The City Council shall by resolution determine the payment to the City Authorized Exclusive Tow Service Provider for the towing, storage and disposal of the abandoned, wrecked, dismantled or inoperative vehicle or parts. Section 8: That Section 7-23 shall be deleted in its entirety and the following new language be adopted to read as follows: 7-23 CITY REFERRAL TOWING SERVICES. 7-23.1 "City Authorized Exclusive Tow Service Provider" Defined. City Authorized Exclusive Tow Service Provider shall mean the tow service provider designated by the City Council by resolution as the primary and only tow provider to receive City referrals. "City Referral" Defined. City Referral shall mean those instances when any member of the Sheriff's Department or any designated City employee orders or requests towing service from City Authorized Exclusive Tow Service Provider whether such service involves city vehicles or private vehicles determined to be relocated by members of the Sheriffs Department or designated City employees pursuant to provisions of law. The term City referral towing business shall mean that portion of City Authorized Exclusive Tow Service Provider's business or revenue attributable from City referrals. 7-23.2 City Authorization Required. As an alternative, the City Council may by resolution authorize more than one tow truck service to receive City referrals, provided that the principal place of business of each tow truck service is within the City of Lynwood. 7-23.4 Abandoned Vehicles. The City Council shall by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of any and all abandoned vehicles, pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the towing company for each such removal. 7-23.5 Permit Tax and Penalties. The City Authorized Exclusive Towing Service Provider shall pay to the City a sum provided from time to time by resolution of the City Council of that proportion of a City Authorized Exclusive Towing Service Provider's gross receipts attributed to the City's referral business. A City Authorized Exclusive Towing Service Provider who fails to remit the required sums as set by the City Council within the time required may be required to pay a penalty to be set by resolution of the City Council, in addition to the required payment 7-23.6 Accounting Records Required for Audit Purposes. City Authorized Exclusive Towing Service Providers shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the Department of Finance and Administration for audit purposes. 7-23.7 Towing Fee Rates. The maximum rates to be charged for referral towing services shall be those rates, which the City Council may, from time to time, establish by resolution. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy of such resolution to all City Authorized Exclusive Towing Service Providers authorized under this section. 7-23.8 Tow Car Requirements. All towing equipment used by City referral towing service permit holders shall comply with the following requirements: a. Meet all applicable sections of tow car requirements listed in the California Vehicle Code. b. Be adequate to handle any passenger vehicle, motorcycles and/or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow trucks manufactured as such shall be used, not converted other trucks. ~. Possess cable-winches of sufficient size and capacity to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inundated areas or other inaccessible locations when required. d. Tow car operators must be proficient in unlocking vehicles on police order e. Tow trucks shall be radio-equipped or posses similar comparable communication device with equipment approved by the Sheriff's Department and operating at all times when the tow vehicle is in use or on standby. f. Any additional requirements as the Sheriff's Department may reasonably required from time to time. 7-23.9 Obligation to Serve; Response Time. A City Authorized Exclusive Tow Service Provider is required to respond to any and all calls from a member of the Sheriff's Department or designated City employees for towing services within the City and shall provide such services for any vehicle as directed by the member of the Sheriffs Department or City. Response time for referral services shall be within fifteen (15) minutes of such requests twenty-four hours (24 hours) at all times including weekends and holidays. The City Council may suspend or revoke a permit issued pursuant to these provisions for repeated failure to comply with this subsection. 7-23.10 Storage Requirements. All City Authorized Exclusive Tow Service Providers shall conform to the following storage requirements. a. Storage lots areas must be properly fenced with a suitable material, six (6) feet in height; lots must be equipped so as to provide adequate lighting during the hours of darkness and shall be provided with ample facilities for locking vehicles and providing security. b. Storage areas shall be secured to preclude the possibility of theft, possible damage or the contamination of prints, or spoliation of other evidence. c. The towing service and garage will be available on a twenty-four (24) hour basis and an attendant shall be available within fifteen (15) minutes to answer requests for service at the official towing service garage. d• Whenever the term "day" is mentioned in these requirements, it is to be interpreted as a twenty-four (24) hour period from the time of impoundment, including weekends and holidays. e. Vehicles stored for prints, photographs or special investigations shall be stored inside to be protected from dust and dirt or deterioration by the sun or other elements and shall not be removed from such storage unless and until authorized by appropriate member of the Sheriff's Department. f . All Sheriff Department and City employees' tows shall be considered as impounds. All other tows shall be agreed upon between the owner of the vehicle and the contractor. 7-23.11 Insurance Requirements. City Authorized Exclusive Tow Service Providers shall comply with the following insurance requirements: a. Each City Authorized Exclusive Tow Service Provider shall furnish the City a policy or certificate of liability insurance in which the City is named insured or is a named additional insured with the contractor. The insurance hereunder is primary and shall be noncontributory to any other insurance available. The policy shall insure the City, its officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the permit. The coverage amounts shall be set by City Council resolution from time to time. Notices of limits and changes on coverage shall be furnished to each contractor in writing, which shall comply within thirty (30) days and thereafter maintain the revised policies unless until subsequently amended. b. The City shall be notified by certified mail not less than thirty (30) days before expiration or cancellation of policies in effect 7-23.12 Records; Availability; Provisions. City Authorized Exclusive Tow Service Providers and/or storage garage operators shall maintain records of all impounded and stored vehicles ordered by the Sheriffs Department and designated City employees at their places of business. Such records shall be available to the representatives of the Sheriff's Department and City Manager or his authorized representatives only. Records must be retained for not less than two (2) years. The records to be maintained shall be designated by the City Manager. 7-23.13 Scene of Accident. If a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the Sheriff's Department, the tow truck operators shall cooperate with law enforcement officers in removing hazards and illegally parked vehicles. 7-23.14 Record Log Required To Be Kept by Tow Service. The referral tow service and storage garage operators shall keep a 24-month continuous record log showing the time and date that they receive each and every call from the Sheriff's Department or City employee. 7-23.15 Vehicle Release. No work or contract shall be entered into between a referral tow service and the storage garage operator and the vehicle owner or his agent until the vehicle has been released by the Sheriff's Department or designated City employee. 7-23.16 Rights of Vehicle Owner. The right of any vehicle owner involved in a traffic collision to call for a towing service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the services of the City's Authorized Exclusive Tow Service Providers and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle. 7-23.17 Tow Service Responsible for Vehicle. The tow service and storage garage operator, upon signing CHP Form No. 180, or such successor form, Report of Impounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound. 7-23.18 City Manager to Approve Display of Signs by Tow Service. Except as otherwise provided, a tow service and storage garage operator shall not display any signs or advertising materials which indicate an offtcial towing service or police garage of the City without having received the prior written permission of the City Manager. 7-23.19 Inspection of Facilities. The City reserves the right to inspect the facilities, equipment, and premises of the City Authorized Exclusive Tow Service Providers at any time during the life of this permit in order to ensure that all terms and conditions of this Code are being satisfactorily met and complied with. 7-23.20 Power to Revoke or Suspend Permits. Permits provided for in this section may be granted, denied, revoked, suspended or cancelled whenever in the exercise of reasonable and sound discretion, the City Council determines that the provisions of this section have not been complied with or that the City Authorized Exclusive Towing Service Provider is not a fit or proper company to operate a City referral towing service. 7-23.21 Violation Unlawful. It shall be unlawful for any person to violate any of the subsections or provisions of this section and shall subject the violator to such civil penalties as maybe appropriate. Section 9: The necessity of immediate action for the preservation of the public peace, health and safety constitutes the urgency to adopt this ordinance to take effect immediately. Section 10: The City Clerk of the City of Lynwood is hereby directed to certify the passage and adoption of this ordinance and cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2002 and adopted and ordered published at a regular meeting of said Council held on the day of , 2002. ATTEST: ARTURO REYES, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: MICHAEL B. MONTGOMERY City Attorney, City of Lynwood ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNCIPAL CODE RELATING TO ABANDONED VEHICLES AND TOWING SERVICES WHEREAS, the City of Lynwood has recently adopted specific procedures for the abatement and removal of abandoned vehicles; and WHEREAS, the City of Lynwood has a need to modify a procedure for referral towing services; and WHEREAS, the problem of abandoned vehicles within the City of Lynwood has increased recently through the frequency of the situation; and WHEREAS, Vehicle Code section 21100 provides that cities may by ordinance or resolution license and regulate the operation of tow truck services where the principal place of business is within the City of Lynwood; and WHEREAS, the City Council has found, upon information and documentation provided by staff that stricter provisions with regard to the abandonment of vehicles and towing services is in the best interests of the City of Lynwood. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOW: Section 1: That Section 7-22.5 be amended to read as follows: 7-22.5 CITY MANAGER TO BE ENFORCEMENT OFFICER. The provisions of this section shall be administered and enforced by the Sheriff's Department or City Department engaged in directing traffic or enforcing parking laws and abatement regulations in the City under the supervision and direction of the City Manager. In the enforcement of this section, the Sheriffs Department or City employees may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section. Section 2: That Section 7-22.6 be amended to read as follows: 7-22.6 Authority to Remove Vehicles by Contractors Designated by City Council. The City Council may by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of abandoned vehicles pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the said towing company for each such removal. The City Authorized Exclusive Towing Service Provider shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section. Section 3: That Section 7-22.7 be amended to read as follows: 7-22.7 Assessment of Administrative Costs. The City Council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, including the actual cost of removal and storage of any vehicle or parts thereof, under this section. Section 4: That Section 7-22.8 be amended to read as follows: 7-22.8 Authority to Cause Abatement, Removal of Vehicles; Notices of Intention; Hearing and Notice Required; Action Without Hearing Authorized. a. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager or its designee, or the Sheriff's Department shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. A ten (10) day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle itself, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the land) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof registered to ,license number , which constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22. 1 et seq.) of the Code of the City of Lynwood. You are hereby notified to abate this nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice, and, upon your failure to do so, the same will be .abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which the vehicle or the part thereof is located. As owner of the land on which the vehicle or the part thereof is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, file a request for a public hearing with the City Manager's Office. If such a request is not received by the City Manager within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove the vehicle or the part thereof as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or the parts thereof on the land, with your reasons for denial, and such statement however, be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, and may also present a sworn written statement as aforesaid in time for consideration at such hearing. Notice mailed s/ (date) City Manager of the City of Lynwood City Manager of the City of Lynwood NOTICE TO VEHICLE OWNER/OPERATOR OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle notice should be given to both if different) As last registered and/or legal owner of record of (description of vehicle-make, model, license, etc.) you are hereby notified that the undersigned pursuant to (section of municipal code) has determined that the vehicle or parts thereof exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Section 7-22 of Chapter 7 (subsection 7-22.1 et seq.) of the Code of the City of Lynwood. ---,, You are hereby notified to abate the nuisance by the removal of the vehicle or the parts thereof within ten (10) days from the date of mailing of this notice. As registered and/or legal owner of record of the vehicle or the parts thereof, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and, if such a request is not received by the hearing officer within such ten (10) day period, the City Manager or its designee shall have the authority to abate and remove said vehicle or said parts thereof without a hearing. Notice mailed s/ (date) City Manager of the City of Lynwood b. Upon request by the owner of the vehicle or owner of the land received by the City Manager within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located c . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, the statement shall be construed as a request for a hearing which does.not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers an not available to determine ownership. If such a request for hearing is not received within the ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Section 5: That Section 7-22.9 be amended to read as follows: 7-22.9 Hearing Procedure; Findings. a. All hearings under this section shall be held before such the Hearing Officer, as may be designated from time to time by the City Manager, who shall hear all facts and testimony he deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. b. The Hearing Officer may impose such conditions and take such other action, as he deems appropriate under the circumstances to carry out the purpose of this section. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine that administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. c . If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. d . If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Hearing Officer but does not appear, he shall be notified in writing of the decision. Section 6: That existing Section 7-22.13 be deleted and new language be added to read as follows: 7-22.13 Payment of Assessment of Costs. If the administrative costs including the cost of removal as set pursuant to the following Subsection 7-22.14 which are charged against the owner of a parcel of land pursuant to this section are not paid within thirty (30) days of the date of the order or the final disposition of an appeal there from, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the State Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City or County Taxes. Section 7: That a new Section 7-22.14 be .added, to read as follows: 7-22.1 4 Payment to the City Authorized Exclusive Tow Service Provider. The City Council shall by resolution determine the payment to the City Authorized Exclusive Tow Service Provider for the towing, storage and disposal of the abandoned, wrecked, dismantled or inoperative vehicle or parts. Section 8: That Section 7-23 shall be deleted in its entirety and the following new language be adopted to read as follows: 7-23 CITY REFERRAL TOWING SERVICES. 7-23.1 "City Authorized Exclusive Tow Service Provider" Defined. City Authorized Exclusive Tow Service Provider shall mean the tow service provider designated by the City Council by resolution as the primary and only tow provider to receive City referrals. "City Referral" Defined. City Referral shall mean those instances when any member of the Sheriff's Department or any designated City employee orders or requests towing service from City Authorized Exclusive Tow Service Provider whether such service involves city vehicles or private vehicles determined to be relocated by members of the Sheriffs Department or designated City employees pursuant to provisions of law. The term City referral towing business shall mean that portion of City Authorized Exclusive Tow Service Provider's business or revenue attributable from City referrals. 7-23.2 City Authorization Required. As an alternative, the City Council may by resolution authorize more than one tow truck service to receive City referrals, provided that the principal place of business of each tow truck service is within the City of Lynwood. 7-23.4 Abandoned Vehicles. The City Council shall by resolution designate a City Authorized Exclusive Towing Service Provider as the appropriate service to remove, store, and dispose of any and all abandoned vehicles, pursuant to law, and the City Council may by resolution prescribe the fees to be paid to the towing company for each such removal. 7-23.5 Permit Tax and Penalties. The City Authorized Exclusive Towing Service Provider shall pay to the City a sum provided from time to time by resolution of the City Council of that proportion of a City Authorized Exclusive Towing Service Provider's gross receipts attributed to the City's referral business. A City Authorized Exclusive Towing Service Provider who fails to remit the required sums as set by the City Council within the time required may be required to pay a penalty to be set by resolution of the City Council, in addition to the required payment 7-23.6 Accounting Records Required for Audit Purposes. City Authorized Exclusive Towing Service Providers shall maintain separate accounting records of all charges for impounded and stored vehicles. Such records shall be available to representatives of the Department of Finance and Administration for audit purposes. 7-23.7 Towing Fee Rates. The maximum rates to be charged for referral towing services shall be those rates, which the City Council may, from time to time, establish by resolution. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy of such resolution to all City Authorized Exclusive Towing Service Providers authorized under this section. 7-23.8 Tow Car Requirements. All towing equipment used by City referral towing service permit holders shall comply with the following requirements: a. Meet all applicable sections of tow car requirements listed in the California Vehicle Code. b. Be adequate to handle any passenger vehicle, motorcycles and/or large and small trucks, trailers, tractors and other similar heavy equipment. Standard tow trucks manufactured as such shall be used, not converted other trucks. c. Possess cable-winches of sufficient size and capacity to retrieve vehicles which have gone over embankments or off traveled portions of roadways into inundated areas or other inaccessible locations when required. d. Tow car operators must be proficient in unlocking vehicles on police order e. Tow trucks shall be radio-equipped or posses similar comparable communication device with equipment approved by the Sheriff's Department and operating at all times when the tow vehicle is in use or on standby. f. Any additional requirements as the Sheriff's Department may reasonably required from time to time. 7-23.9 Obligation to Serve; Response Time. A City Authorized Exclusive Tow Service Provider is required to respond to any and all calls from a member of the Sheriff s Department or designated City employees for towing services within the City and shall provide such services for any vehicle as directed by the member of the Sheriffs Department or City. Response time for referral services shall be within fifteen (15) minutes of such requests twenty-four hours (24 hours) at all times including weekends and holidays. The City Council may suspend or revoke a permit issued pursuant to these provisions for repeated failure to comply with this subsection. 7-23.10 Storage Requirements. All City Authorized Exclusive Tow Service Providers shall conform to the following storage requirements. a. Storage lots areas must be properly fenced with a suitable material, six (6) feet in height; lots must be equipped so as to provide adequate lighting during the hours of darkness and shall be provided with ample facilities for locking vehicles and providing security. b. Storage areas shall be secured to preclude the possibility of theft, possible damage or the contamination of prints, or spoliation of other evidence. c. The towing service and garage will be available on a twenty-four (24) hour basis and an attendant shall be available within fifteen (15) minutes to answer requests for service at the official towing service garage. d. Whenever the term "day" is mentioned in these requirements, it is to be interpreted as a twenty-four (24) hour period from the time of impoundment, including weekends and holidays. e. Vehicles stored for prints, photographs or special investigations shall be stored inside to be protected from dust and dirt or deterioration by the sun or other elements and shall not be removed from such storage unless and until authorized by appropriate member of the Sheriff's Department. f . All Sheriff Department and City employees' tows shall be considered as impounds. All other tows shall be agreed upon between the owner of the vehicle and the contractor. 7-23.11 Insurance Requirements. City Authorized Exclusive Tow Service Providers shall comply with the following insurance requirements: a. Each City Authorized Exclusive Tow Service Provider shall furnish the City a policy or certificate of liability insurance in which the City is named insured or is a named additional insured with the contractor. The insurance hereunder is primary and shall be noncontributory to any other insurance available. The policy shall insure the City, its officers and employees while acting within the scope of their duties against all claims arising out of or in connection with the permit. The coverage amounts shall be set by City Council resolution from time to time. Notices of limits and changes on coverage shall be furnished to each contractor in writing, which shall comply within thirty (30) days and thereafter maintain the revised policies unless until subsequently amended. b. The City shall be notified by certified mail not less than thirty (30) days before expiration or cancellation of policies in effect 7-23.12 Records; Availability; Provisions. City Authorized Exclusive Tow Service Providers and/or storage garage operators shall maintain records of all impounded and stored vehicles ordered by the Sheriffs Department and designated City employees at their places of business. Such records shall be available to the representatives of the Sheriff's Department and City Manager or his authorized representatives only. Records must be retained for not less than two (2) years. The records to be maintained shall be designated by the City Manager. 7-23.13 Scene of Accident. If a tow truck has been dispatched to the scene of an accident or to a vehicle which has been impounded by the Sheriff's Department, the tow truck operators shall cooperate with law enforcement officers in removing hazards and illegally parked vehicles. 7-23.14 Record Log Required To Be Kept by Tow Service. The referral tow service and storage garage operators shall keep a 24-month continuous record log showing the time and date that they receive each and every call from the Sheriff's Department or City employee. 7-23.15 Vehicle Release. No work or contract shall be entered into between a referral tow service and the storage garage operator and the vehicle owner or his agent until the vehicle has been released by the Sheriff's Department or designated City employee. 7-23.16 Rights of Vehicle Owner. The right of any vehicle owner involved in a traffic collision to call for a towing service of his own choosing shall not be infringed upon so long as the removal of his vehicle is made without undue delay. In those cases where the owner of a damaged vehicle chooses to use the services of the City's Authorized Exclusive Tow Service Providers and storage garage, such services and charges related thereto shall be the responsibility of the contractor and owner of the vehicle. 7-23.17 Tow Service Responsible for Vehicle. The tow service and storage garage operator, upon signing CHP Form No. 180, or such successor form, Report of Impounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound. 7-23.18 City Manager to Approve Display of Signs by Tow Service. Except as otherwise provided, a tow service and storage garage operator shall not display any signs or advertising materials which indicate an official towing service or police garage of the City without having received the prior written permission of the City Manager. 7-23.19 Inspection of Facilities. The City reserves the right to inspect the facilities, equipment, and premises of the City Authorized Exclusive Tow Service Providers at any time during the life of this permit in order to ensure that all terms and conditions of this Code are being satisfactorily met and complied with. 7-23.20 Power to Revoke or Suspend Permits. Permits provided for in this section may be granted, denied, revoked, suspended or cancelled whenever in the exercise of reasonable and sound discretion, the City Council determines that the provisions of this section have not been complied with or that the City Authorized Exclusive Towing Service Provider is not a fit or proper company to operate a City referral towing service. ~-•. 7-23.21 Violation Unlawful. It shall be unlawful for any person to violate any of the subsections or provisions of this section and shall subject the violator to such civil penalties as may be appropriate. Section 9: The City Clerk of the City of Lynwood is hereby directed to certify the passage and adoption of this ordinance and cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2002 and adopted and ordered published at a regular meeting of said Council held on the day of , 2002. ATTEST: ARTURO REYES, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: MICHAEL B. MONTGOMERY City Attorney, City of Lynwood ~.... STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF LYNWOOD ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the foregoing ordinance was duly and regularly adopted, passed and approved by the City Council of the City of Lynwood, California, at a regular meeting of said City Council held at the regular meeting place thereof on the day of 2002 by the following vote: AYES NOES ABSENT EXCUSED Dated this day of 2002 Andrea L. Hooper, City Clerk Approved As To Form: City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING AN EXCLUSIVE TOWING AND AUTOMOBILE STORAGE PROVIDER WHEREAS, The City of Lynwood has recently adopted specific procedures for the control and removal of vehicle, parking violations; and WHEREAS, The City of Lynwood has also recently adopted specific procedures for the control and removal of illegal on-street vehicle sales; and WHEREAS, The City of Lynwood has adopted specific procedures for the abatement and removal of abandoned vehicles, and has adopted a procedure for referral towing services; and WHEREAS, The problem of abandoned vehicles within the City of Lynwood has increased through the frequency of this new activity; and WHEREAS, Vehicle Code Section 21100 provides that cities may by ordinance or resolution license and regulate the operation of tow truck services where the principal place of business is within the City of Lynwood. The City Council has found upon information and documentation provided by staff that stricter provision with regard to the abandonment of vehicles and towing services is in the best interests of the City of Lynwood; and WHEREAS, It appears that three licensed towing and storage service operations have their principal place of business. within the City of Lynwood; and WHEREAS, It appears that two of the three towing and storage services companies have contracted with other municipalities to provide ongoing principal towing and storage services outside of the City of Lynwood; and WHEREAS, It appears that a towing service and storage operator's obligations outside of the City of Lynwood could impact upon its ability to provide fast and adequate response services; and WHEREAS, It appears that the remaining towing and storage service is not contractua{ly obligated to provide principal towing services outside of the City of Lynwood; and WHEREAS, Based upon an analysis of current needs in the community and the ability to provide required services to alleviate such needs, staff has recommended that Raul's Towing Service be designated to be the exclusive towing and storage services provider; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1: Pursuant to Section 7-23.1 of the Lynwood City Code as amended, Raul's Towing Service, 11116 Wright Road, Lynwood, City License No. 004113 is hereby designated as the Authorized Exclusive Tow Service provider to the City of Lynwood, pursuant to the authority provided in the Vehicle Code § 21100; Section 2: This Designation is subject to the designee agreeing to contract exclusively with the City of Lynwood as to Municipalities, and thereby provide a priority as to its overall towing operations, and complying with Lynwood Municipal Code § 7-23.5 through 7-23.19 at all times; Section 3: Raul's Towing Service is further designated as the City of Lynwood's exclusive provider of abandoned vehicle storage services, as contemplated by Lynwood Municipal Code § 7-23.4 and 7-22.6; Section 4: This Resolution shall not go into effect unless and until the City Council adopts proposed revisions to Chapter 7 of the Lynwood Municipal Code providing for Exclusive Towing and Storage providers, and upon such revision becoming effective, this Resolution shall then take effect immediately. PASSED APPROVED and ADOPTED this 2002. day of October, ARTURO REYES, MAYOR City of Lynwood ATTEST: APPROVED AS TO CONTENT: Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: Faustin Gonzales City Manger Michael B. Montgomery 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 said City at a special meeting thereof held in the City Hall of said City on the day 2002 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 , 2002 City Clerk, City of Lynwood "~ .-., DATE: October 23, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Faustin Gonzales, City Manager ,~ BY: Joseph Y. Wang, Director of Public Works/ City Engineer Jose A. Molina, Assistant Director of Public Works/ Utility Services SUBJECT: Emergency replacement of one traffic signal, one street light pole, and it electrical equipment that were damaged by auto accident. PURPOSE: To inform the City Council on an auto accident that caused damage to the traffic signal and street lighting at the northwest corner of Atlantic Ave. and Beechwood Ave.. BACKGROUND: On October 8, 2002, at approximately 11:00 A.M., an auto accident took place at the intersection of Atlantic Ave. and Beechwood Ave.. An automobile hit and demolished one 64-D concrete street light pole, one street light fixture, one type-1 traffic signal pole, one traffic signal head, and one pedestrian head at the northwest corner of the intersection. ANALYSIS: To re-establish the street light and traffic signal service, the two poles will be replaced by one new type-15 pole which will have incorporated one street light fixture, one traffic signal head, and one pedestrian head. The new pole will be installed on a new foundation and with new extended conduit /electrical wires, and one new pull box. Also, the existing damaged sidewalk around the poles will be removed and replaced with concrete sidewalk. The total cost for this job will be $8,150. Lack of a signal at this location causes an emergent situation; therefore, it has been necessary for staff to issue the required work order prior to obtaining Council approval for this work which exceeds the City Managers $5,000 authorization limit. RECOMMENDATION: That the City Council receive and file this information, and rectify the purchase order being necessary to remove an emergent condition. Cou02245 r"'~-----__ ..'~. ~"_` MEMORANDUM DATE: October 23, 2002 TO: THE HONORABLE MAYOR AND MEMBERS OF THE LYNWOOD CITY COUNCIL FROM: Faustin Gonzales, City Manager BY: Autra C. Adams, Program Development Coordinator SUBJECT: Brownfields Demonstration Assessment Pilot Program -Human Health Risk Assessment PURPOSE: To have the Mayor & Members of the Lynwood City Council adopt the attached resolution, authorizing the Mayor to execute an agreement with Ninyo & Moore to conduct a Human Health Risk Assessment for the Lynwood Springs Site as part of the Brownfields Demonstration Assessment Pilot Program. BACKGROUND: In June 1999, the United States Environmental Protection Agency (EPA) selected the City of Lynwood as a recipient of the Brownfields Demonstration Assessment Pilot Program Grant in the amount of $200,000. The primary purpose of the grant is for the City of Lynwood to be able to characterize and assess environmental conditions at selected sites and to put into place a plan for the city or a potential developer to carry out any necessary cleanup activities for the properties with the most immediate potential for redevelopment. The sites that were selected by the city and approved by the EPA for participation in the pilot program are the Marketplace, the Alameda Triangle, Lynwood Springs, the corner of Norton Lane and Drury Avenue and the vacant parcel on State and Esther Streets. The sites were selected based upon their suspected environmental contamination and blighted conditions. On December 19t", 2000 the Lynwood City Council approved a resolution selecting Winefield & Associates and Ninyo & Moore as the two environmental consulting firms to complete Phase I Environmental Assessment Studies on the selected sites. Based on the results from those studies, staff selected the vacant parcel on State and Esther Streets and the Lynwood Springs site for further environmental studies. Staff recently received approval from the EPA Project Officer extending the performance period of the grant from October 31, 2002 to October 31, 2003. ANALYSIS: The next major task associated with the approved work plan of this grant for the Lynwood Springs Site is to conduct a Human Health Risk Assessment. The purpose of the Human Health Risk Assessment is to determine if particular chemicals pose a significant risk to human health and under what circumstances. The scope of work for this project includes evaluation of current site data and determining if more data needs to be collected (if this step is necessary, the data will be collected as part of the Phase II that is ongoing at this site), assessing potential exposures and toxicity of chemicals, characterization of potential risks of chemicals to human health and report preparation. In the event that potential risks are identified, remediation options will be developed that address the identified risks. Staff received proposals from five environmental consulting firms for this project ranging from $24,000 to $45,000. After reviewing the proposals and conducting interviews, the two firms that staff felt most qualified to perform the project were Ninyo & Moore and Hart Crowser. The final price that was negotiated with Ninyo & Moore was $27,300 compared to $32,500 for Hart Crowser. r-- ~ AGENllA IT~a:c.~ 1 Ninyo & Moore is being recommended for this project based upon their qualifications and for economic efficiency. The approximate cost for this project will be $28,000, which also includes the additional allocation of time for consultant presence at community meetings once risks/remediation options are identified. The City of Lynwood will be fully reimbursed by the EPA for these expenses, as they are grant-approved expenditures. In addition to the resources that will be allocated to the Human Health Risk Assessment, approximately an additional $40,000 that is remaining in the grant will be used to partially fund the Phase II and other Environmental activities approved for Lynwood Springs by the Lynwood Redevelopment Agency at the October 15, 2002 meeting. RECOMMENDATION: Staff respectfully requests that the Mayor & Members of the Lynwood City Council adopt the attached resolution, authorizing the Mayor to execute an agreement with Ninyo and Moore to conduct a Human Health Risk Assessment for the Lynwood Springs Site as part of the Brownfields Demonstration Assessment Pilot Program. ATTACHMENT ,-~. RESOLUTION NO. ~. A RESOLUTION OF THE LYNWOOD CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NINYO AND MOORE TO CONDUCT A HUMAN HEALTH RISK ASSESSMENT AT THE LYNWOOD SPRINGS SITE AS PART OF THE BROWNFIELDS DEMONSTRATION ASSESSMENT PILOT PROGRAM WHEREAS, The City of Lynwood received the Environmental Protection Agency (EPA) Brownfields Demonstration Assessment Pilot Program Grant in the amount of $200,000; and WHEREAS, The primary purpose of the grant is to be able to characterize and assess environmental conditions at selected sites and to put into place a plan for the city or a potential developer to carry out any necessary cleanup activities; and WHEREAS, The next major task associated with the approved work plan of this grant for the Lynwood Springs Site is to conduct a Human Health Risk Assessment; and WHEREAS, Ninyo & Moore is being selected as the consultant to complete this project based upon desired qualifications and economic efficiency; and WHEREAS, The approximate cost for the study is $28,000 and the EPA will fully reimburse the City of Lynwood for these grant-approved expenditures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Manager or his designee is authorized to carry out any necessary transactions as so ordered by this resolution. Section 2. That the City Council authorize the Mayor to execute an agreement with Ninyo and Moore to conduct a Human Health Risk Assessment at the Lynwood Springs Site. Section 3. That the City Council authorize the City Manager to obligate the necessary funding to complete this study by the end of the grant term to prevent compromising funds. Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 23~d day of October, 2002. ARTURO REYES, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: MICHAEL MONTGOMERY, CITY ATTORNEY APPROVED AS TO CONTENT: FAUSTIN GONZALES, CITY MANAGER 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 special meeting held on the 23rd day of October, 2002. AYES: NOES: ABSENT: ABSTAIN: ANDREA L. HOOPER, CITY CLERK STATE OF CALIFORNIA } SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 23rd day of October, 2002. ANDREA L. HOOPER, CITY CLERK Geotechnical and Environmental Sciences Consultants October 3, 2002 Proposal P-11628 Mr. Louis Morales Director of Community Development City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attention: Ms. Antra Adams RE: City of Lynwood Redevelopment Agency Proposal for Preparation of Human Health Risk Assessment Dear Mr. Morales: Ninyo & Moore and SOMA Corporation are pleased to submit this proposal to prepare a human health risk and related environmental services for the Lynwood Springs project. The risk assessment will address various chemical compounds of potential concern for the 4.5-acre property bounded on the north by the Glenn Anderson Freeway and on the west by Long Beach Boulevard. Contaminants at the site include petroleum hydrocarbons, inorganics, and chlorinated volatile organic compounds. We understand the City of Lynwood and the City of Lynwood Redevelopment Agency (the LRA) are requesting completion of the following to complement the supplementary Phase II site investigation currently anticipated: • A baseline human health risk assessment according to U.S. EPA and California DTSC protocols, including: • Consulting on data collection (data already collected and data proposed to be collected), • Evaluating the site data, • Assessing potential exposure, • Assessing toxicity of chemicals of potential concern at the site, • Characterizing potential risk, • Documenting the human health risk assessment, and • Consulting regarding risk-based remedial options 475 Goddard ~ Suite Z00 ~ Irvine, California 9261 ~ ~ Phone (949) 753-7070 ~ Fax (949J 753-7071 Phoenix M Irvine ~ San Diego ~~ Los Angeles ~ Oakland ~ Las Vegas ~ Salt Lake City ~ Ontario City of Lynwood Human Health Risk Assessment October 3, 2002 posal No. 11628 We understand the LRA has plans to independently complete the following tasks, so they are not part of the current proposal: • Developing a site conceptual model that. includes a groundwater fate/transport analysis using the soil and groundwater test results to estimate time to achieve contaminant clean-up levels that have been negotiated with the LARWQCB for site closure; • Identifying potential sensitive receptors; • Preparing a remedial feasibility study and remedial action plan that use the above data to develop acost-effective remediation strategy for the site for LARWQCB approval; • Preparing a cost estimate for comprehensive site remediation to closure; and • Providing technical support for negotiations regarding U-Haul's potential contribution to the subsurface contamination. The LRA's primary goal is to develop risk-based cleanup concentrations for the chemicals of potential concern to clean up the site. 1. BACKGROUND OF NINYO & MOORS AND SOMA CORPORATION Ninyo & Moore has completed Brownfields environmental services on other sites for the LRA since the First Quarter 2001 and has other Brownfields and .risk assessment. experience. This experience includes a number of health risk assessments for the Los Angeles Unified School District and the Santa Ana Unified School District. Ninyo & Moore is a leading environmental and geotechnical engineering and consulting firm that has been providing innovative solutions to environmental challenges since 1986. The project manager assigned to the Lynwood Springs project, Mr. Len Allen, has over 35 years of environmental and geotechnical experience for sites ranging from service stations to petroleum bulk storage facilities to Superfimd remediation sites. Many of these projects have involved managing human health risk assessments. Ninyo & Moore's environmental division has extensive experience with environmental site assessments, groundwater remediation action limit negotiations, and remediation services. A complete . description of Ninyo & Moore's capabilities has been provided to the LRA under separate cover, and resumes for team members that will be actively involved in the next phases of support to the LRA have been included in this proposal packet. Ninyo & Moore is a Minority-Owned Business Enterprise. SOMA Corporation (SOMA) is amulti-disciplinary environmental consulting firm that was established in 1991 to provide services in human health (including toxicology) and ecological 2 City of Lynwood October 3, 2002 Human Health .Risk Assessment Proposal No 11628 risk assessment. SOMA has been headquartered in Emeryville, California since 1994, with a branch office in San Francisco that was established in 2000. Key personnel include Norman T. Ozaki, Ph.D. and Estelle N. Shiroma, D.Env. Dr. Ozaki is the President and Principal Toxicologist since starting the firm 11 years ago. Dr. Shiroma joined the firm as an Environmental Scientist in 1997 and currently provides technical and project management support. SOMA has been retained by a diverse local, national, and international client base, requiring risk assessment expertise for various applications including: • Property transfers/refinancing • Military base closures and redevelopment • Underground storage tank closures • Manufacturing facility site closures • Environmental impact assessment under the California Environmental Quality Act (CEQA)/National Environmental Protection Act (NEPA) • Litigation support services and expert witness testimony Over the years, SOMA has developed a reputation among various State and Federal regulatory agencies for providing technically defensible documents that have served to effectively reach resolution on many difficult closure and enforcement problems. More importantly, SOMA has been successful in negotiating risk-based cleanup levels and favorable settlements where regulatory agency oversight has been difficult. SOMA is a Sma11 Disadvantaged Business and is a participant in the U.S. Small Business Administration 8(a) program. SOMA has also received certification from the California Department of Transportation (CalTrans) as a Small Minority Business Enterprise (SMBE) and a Disadvantaged Business Enterprise (DBE). 2. SCOPE OF WORK The following section summarizes the major tasks for implementation to achieve the LRA's objectives. 2.1. Task 1 Data Usability Review It is essential to the risk assessment that the data be adequate for use in the analysis. To ensure that site sampling locations, sampling depths, and chemicals to be analyzed are consistent with data needs for conducting the HHRA. This review will also include consideration of analytical rBl~& ®®1~~ 3 City of Lynwood October 3, 2002 Human Health Risk Assessment Proposal No. 11628 methods proposed and the method detection limits. This includes consideration of the type of analytical tests that have been done, the number of tests that have been made, and the detection limits achieved in the laboratory. Our review of the existing data and of the workplan to be developed under a separate contract will include consideration of these issues. 2.2. Task 2 Human Health Screening The human health screening evaluation is intended to provide the risk manager an estimate of the potential chronic health risk at the site. It is based on conservative assumptions, such as residential use of the site, not as a shopping center. In the screening evaluation, maximum concentrations of detected chemicals in soil and groundwater will be compared to residential screening criteria, such as the U.S. EPA's Region 9 Preliminary Remediation Goals (PRGs). If the screening criteria are exceeded for the residential receptor for soil and or/groundwater, further evaluation of the data in a baseline human health risk assessment (HHRA) will be performed. Based on our preliminary review of existing data from the site, it is apparent that chemical concentrations exceed generally acceptable screening criteria (i.e. U.S. EPA's Region 9 PRGs). Therefore, a baseline human health risk assessment has been proposed rather than including the Screening Task.) 2.3. Task 3 Baseline Human Health Risk Assessment The baseline HHRA will be performed in accordance with U.S. Environmental Protection Agency (U.S. EPA) and State of California Department of Toxic Substances (DTSC) guidance. 2.3.1. TASK 3A Evaluating the Site Data Available soil data will be collated, and laboratory data sheets will be reviewed. Statistical evaluation of the data will be performed to develop representative concentrations of chemicals to be quantitatively evaluated in the risk assessment. Typically the 95 percent upper confidence level of the arithmetic mean (LTCL95) is used as the exposure point concentration in the risk estimates. The HHRA will include a general site characterization based on available information related to past Site use, environmental investigations, and current Site use to develop exposure settings for the scenarios to be evaluated. Based on the data collected at the site to date, the chemicals of potential ,concern (COPCs) are petroleum hydrocarbon constituents, inorganics (metals), and chlorinated volatile organic compounds (VOCs). 2.3.2. TASK 3B Assessing Potential Exposure SOMA will review and modify (if necessary) the conceptual site model being prepared under a separate contract and will identify the COPCs and the expected exposure pathways and receptors based on current and future Site use. In order for an exposure scenario to be complete, there must be a source of chemicals, a mechanism for transporting the chemicals to the exposure point, and receptors (human) present at the exposure point. 4 l~v~& ' ~Yl~l~l~ ,+~. rs City of Lynwood October 3, 2002 Human Health Risk Assessment Proposal No. 11628 The exposure assessment will be developed based on current and future property use. We understand that the Site is proposed for development for retail use as a strip mall. Therefore, potential receptors may include: • Retail store worker • Shopper • Landscape maintenance worker • Construction worker Based on available data, it appears that the inhalation of VOCs present in soil and groundwater will be the major route of exposure. However, other routes of exposure to be evaluated will include dermal contact and incidental ingestion. For evaluating indoor exposures, the most recent U.S. EPA version of the Johnson and Ettinger indoor air model (1991, with revisions) will be used to estimate indoor air concentrations to potential receptors. Site-specific soil parameters such as fraction organic carbon, soil bulk density, soil moisture content, and soil porosity will be used as input values the model. For each receptor, exposure to chemicals will be evaluated for specific depth intervals based on expected site activities. For example, the landscape maintenance worker maybe exposed to soils from 0-10 feet below ground surface (bgs), while the construction worker maybe exposed to soil from deeper depths (0-25 feet} during excavation activities. Further refinement of the scenarios will be performed at the time the risk assessment is conducted, based on project-specific information. Based upon our current knowledge of the Site, the risk assessment will use a single exposure point (i.e. the UCL95) for each COPC to evaluate chemical intake for each receptor-specific soil depth interval that is evaluated. 2.3.3. Task 3C Assessing Toxicity of Chemicals of Potential Concern In the toxicity assessment, the classification of COPCs will be evaluated to determine if chemical intakes will be evaluated for estimates of excess cancer risks and/or noncancer hazards. The chemical toxicity values to be used in the risk assessment will be derived from State of California and U.S. EPA sources, as appropriate. For evaluating exposure to noncarcinogens, potential adverse health effects from chemical exposure are assessed by comparing an exposure estimate (chemical daily intake [CDI]) with a Reference Dose (RfD). RfDs represent average daily intakes that are not expected to result in appreciable risk of adverse health effects to humans (including sensitive populations) during a lifetime of exposure. Primary sources of RfDs are available in the U.S. EPA's Integrated Information System (IRIS), an on-line database, and the U.S. EPA's Health Effects Assessment Summary Tables. For evaluating cancer toxicity, cancer slope factors (SF) for chemicals that are known or potential human carcinogens are used. Primary sources of SFs include the California Environmental Protection Agency (Cal EPA) cancer potency factors and the U.S. EPA's IRIS database. 5 City of Lynwood October 3, 2002 Human Health Risk Assessment Pro osal No. 11628 2.3.4. Task 3D Characterizing Potential Risk In the risk characterization component of the HHRA, the results of the exposure and toxicity assessments will be combined. Estimates of excess cancer risk and noncancer hazards will be developed for each of the receptors. The characterization will be completed separately for non- carcinogens and carcinogens. Chemical-specific, as well as total chemical cancer risk and noncancer hazard, will be presented.Estimates of exposure, or CDI, are based on the exposure point concentrations in air, soil, and groundwater. The calculated CDI for each COC is then divided by its respective reference dose (RfD) which is based upon a noncarcinogenic endpoint to yield achemical-specific hazard quotient (HQ). The HQs calculated for each COC will then summed to yield a hazard index (HI). A hazard index greater than a value of one would be considered to represent a potential threat to human health warranting additional evaluation. For the carcinogenic evaluation, the estimated CDI for each COC will be multiplied by its respective cancer slope factor (based upon a carcinogenic endpoint) to yield achemical-specific carcinogenic risk. The individual risk estimates calculated for each COPC will then be summed to yield an estimated excess carcinogenic risk.. A cancer risk estimate of 1E-06 is considered to be the regulatory point of departure (i.e. a total excess cancer risk less than 1E-06 would not be considered significant). 2.3.5. Task 3E Documenting the Human Health Risk Assessment Following completion of the HHRA, a report will be prepared summarizing the results of the risk assessment. Narrative information for each of the identified tasks will be provided. Supporting documentation for calculations and assumptions will be included in the risk assessment report all key assumptions and descriptions of methodologies will be presented. 2.3.6. Task 3F Consulting Regarding Risk-based Remedial Options If the results of the HHRA indicate that the chemical levels present an acceptable risk to human health, then cleanup levels will not be developed. If unacceptable risks are indicated from potential exposure to chemicals present, then acceptable risk levels will be used to evaluate options available to achieve site closure including remediation and risk management. . 2.4. Meetings At this time it is not clear how many regulatory agencies may be involved in reviewing the proposed risk assessment and the risk-based cleanup concentrations. For our cost estimate we have included time for two three-hour meetings with the LRA, three four-hour meetings with the Regional Water Quality Control Board, and two one-hour telephone conferences with the Human and Ecological Risk Division (HERD} of DTSC. Only time actually spent in agency meetings will be invoiced to the LRA. 3. ESTIMATED COSTS Ninyo & Moore and SOMA Corporation will perform the scope of work presented in this proposal on atime-and-materials basis pursuant to the breakdown of tasks presented in Table 1. ~~®& ®®~~ 10/21 2002 11:18 194937071 N AND M IRt1 ,..., PAGE 02/03 • _ C;~ty of 1/ynwood ~ October 3, 20)02 ' Human Haaltia Risk Assessment Proposal No. 11,628 Our estiratated cost fox this woxlc is $ 2'7,300.00 (twenty=seven thousand, three hundred dollars). . 't~Ve will pxovide monthly invoices to the T..n.A.. ,~4s. the project develops,~we anticipate additional tasks, ttiay be identif ed which we can.addres5. We will provide coat estlnaates to I~ItA for such additional tanks when they are dEficaed. C1ur teams leas strong opearating pmc«iures in glace to ensure that budgets arc maintained and praj acts occur in a timely rn,anner. Ninyo & Moore and SOMA. Corporation taste significant pride in tl~e quality of our wont and the value tl~,at wa have provided to our clients. Qur expcsience is that the quality anal value of a consultant's services is directly related to the capabilities of the people involved. We eztcaurage you tc scrutinize t>ae capabilities and expexleru~ provided iz~ this proposal. ~e look forward to meeting with you and other LR.,4 and City officials to discuss this pzaposal izt detail. Very truly yours, Nixtyo ~ 1Vloare R.. Leonard Aden, O.E. Principal Engineer Att. TabJ.e 1- Breakdow.c of Eaticnat®d Fees Schedule of Feaq gteawues Distribution, (2) Acldressae ~'~~A~`e 7 1b/21t2002 10:46 19497537077 N AND M IRU PAGE 03x03 ~ ~ City afLyziwood Hur~aan Health Risk A.s4essmont Oetabez 3, 2002 l?roposai 1Va. P-l. J. 628 T'1QlBTrT+i 1 ~ A~,~AKU~?~~111' flits Ii~RTLlt9[A1'~i.~b FED` iat EngineerlGealogi.~t/Environme~tal Scit~ist ~s•. I+CaaL 1~rfyy,.innnrlCirr+lr,.a.iifYL'a, a~...,.~rr,n.,rnf .~..: ~.,~:..r '~#~ ~1"/~'90~0$1W]IrC7171T14`.C1'G31 ~ CieI1t1SC (subc©nstiltarAt) Subtotal 10 hours (a $ 139.00 ll~our $ 1,390.04 .t'+.our ~ W ,4'L'l.UU (LU[lr ~ . I & horns ~a $ 149.04 /hour $ 1,962A0 Iutnp sum $ 800.04 ~ a,1S2.(l0 .......1..., .-..au.,..,.:s:w> ann ~rnYaj'~wcitt[Jl~~a r.,,;r.r vi+.n~'L,.a:,.a,.w/~.k't~ologlL+v7rnvinoAUlaca3t.iill `~t:iG'~SE'. ~rati~ ~. (auboauau]ItauL) ~¢nior IPxajpot &f~inccr~QpulutiixVRnvir~mm~nrs,f C~,,.~t SU1vtA (subconsulta~t) I1'rinciPal lrngiru~rrGeologistlF.rtvironl~,laj Scientist $artior Project EnginecdGeoi,4jlist/F;~lv~or~~1 SCidatist ,Data Procassing> Technical Edi#xn8, ox Reproduction Technical .Lllustrator/CAD Qperator SOMA; (subcorlsuItasxt) "~ _ Subtotal 1 nalu (ri7 ~ 139.(1(1 /hcmr m T~n,na L hours (a1 $ 109.40 Ihrn„r ~ ~1v,oo 1"i"!' auua ~ JJL_VU ~ 909.00 -----' .yr. •o ,.,s.,n. rnunr S 417,1)(; hone ~~ ,'~ 177 O[3 r7vt:K ; Mmr 4~,m ~ 1 T,sao.ao ~ ! 1,9I7.b0 3 haurs ~ $ 139.04 Ihour $ 417.04 6 hours @ $ 127.00 /honlr $ ?62.40 8 hours ~ $ 44.00 /hour $ 352.00 S hoary (a. $ 69.00 lhour $ 345.04 lug Sum $ z,s~s.ao S 4,751.00 fa~' ~ Df/~1q~rOn11~.~L2LL ~i~ .. ..i~~: •t+ ~ - •r ~w"+ ; ,x:333,' ~1~~ ' ~ +~~"k~S~:7•~ t~:u'+. +..>+~r+uEk'Xr~JC81~ 1 Sc2.ent~st " r ~~ ;r . ~,: °ti e , o~r$ ~'~~ ,,: _ ..,,.,>... 1$ houxs ~ $ 139.04 Ihour $ 2 502.00 fsubctxl:cu Rant) , ~ .. ..~ ... ~ ,~, ., , . , . ~.. ..>.:,..,, ~ _ h,,,,y, u C 3>L+C+O.OG ~~~~Rj'® C]•P•ttB2B¢r i City of Lynwood Human Health Risk Assessment SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL October 3, 2002 ~osal No. 11628 Principal Engineer/Geologist/Environmental Scientist ................................................... $ 139 ........................................ Senior Engineer/Geologist/Environmental Scienfist : .. .......:......................:.............:............................................... enior Project EngineerlGeologist/Environmental Scientist :: : $ 133 . .................. ............................................................ Project Engineer/Geologist/Environmental Scientist $ 127 ...................................................................:.......................... Senior Staff EngineerlGeologist/Environmental Scientist $ 123 ...................................................................................... Concrete Coring Technician and Equipment . $ 109 ................................................ ........................................................ Staff Engineer/Geologist/Environmental Scientist $ 100 .................................................................................................. IS/GIS Specialist .... . $ 96 . ............................................................................................................................................... Field Operations Manager $ 96 ...................................................................................................................................... Nondestructive Examination Technician UT MT LP $ 85 , , , ........................................................................................... Pull Test Technician and Equipment $ 80 ...................................................................................................................... Supervisory Technician $ 80 .......................................................................................................................................... Senior Field/Laboratory Technician $ 74 ........................................................................................................................ Technical 111ustrator/CAD Operator $ 69 ......................................................................................................................... Field/Laboratory Technician $ 69 ................................................................................................................................... ACI Concrete Technician $ 64 ........................................................................................................................................ Concrete/Asphalt Batch Plant Inspector : $ 64 ............................................ .................................................................... Special Inspector Reinforced Concrete $ 64 , ................................................................................................................. Special Inspector Pre-stressed Concrete .$ 64 , .............................................................................................................. Special Inspector Reinforced Masonry . $ 64 , . .............................................................................................................:.. Special Inspector Structural Steel $ 64 , ......................................................................................................................... Special Inspector Welding AWS $ 64 , , ........................................................................................................................... Special Inspector Fireproofing .. : $ 64 , ....... ...................................................................:................................................. Geotechnical/Environmental/Laboratory Assistant $ 64 ................................................................................................ Information Specialist .. . : : $ 53 . ................ .... .....................................................................................................:.........:.... Data Processin Technical Editin or Re roduction : : 52 , , .: :........... ...........:............................................:......:............ $ 44 OTHER CHARGES Expert Witness Testimony .............................................................................................................................. $ 250 Ihr Coring Machine Usage (includes technician) ................................................................................................. $ 64 Ihr Special Preparation of Standard Test Specimens :......................................................................................... $ 64 Ihr Steel and Concrete Specimen Pickup .................................................. .... $ 53 /trip ...................................................... Inclinometer Usage ........................................................................................................................................ $ 32 /hr Vapor Emission Kits ........................................................................................................................................ $ 30 /kit Rebar Locator (Pachometer) .................................................................................................... $ .................... 10 /hr Nuclear Density Gauge Usage ...................................................................................................................:.... $ 9 Ihr Field Vehicle Usage ........................................................................................................ ................................ $ 6 Ihr Direct Project Expenses ...........................:.................................................. ........P........q..............Cost plus 15 Laborato testin eo h sical a ui ment, and others ecial a ui ment rovided u on re uest. NOTES (Field Services} _ For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hourminimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. ~: RESUME OF RONALD M. HALPERN Se~tior Project Environmental Geologist EDUCATION Bachelors of Science, Geology, Ben-Gurion University of the Negev, Beer Sheva, Israel. CERTIFICATIONS & LICENSES California Registered Geologist (R.G) No. 6645 Califomia Registered Environmental Assessor (REA I) No. 6424 PROFESSIONAL EDUCATION & CERTIFICATIONS • NGWA -IBM PC Applications in Groundwater Pollution and Hydrology • NGWA - A Modular Three-Dimensional Finite-Difference Groundwater Flow Model (MODFLOW) • NGWA -Understanding Migration, Assessment, and Remediaiion ofNon-Aqueous Phase Liquids • Applications of Groundwater Modeling (MODFLOW, AT123D, SESOIL) to Solving Environmental Problems. • ASTM Environmental Site Assessment for Commercial Real Estate • AHERA Asbestos Building Inspector Course, NATEC Int'1 PROFESSIONAL RESPONSIBILITIES As Senior Project Environmental Geologist for Ninyo & Moore, Mr. Halpern: • Plans, directs and performs surface-and subsurface geologic mapping and geochemica] characterization. • Provides senior technical guidance to staff performing environmental projects. • Plans and directs Phase I environmental site assessments through remediations of soil and groundwater. • Develops regulatory compliance strategies and negotiates on client's behalf with regulatory agencies. • Performs third-party review of contamination investigation reports and remediation cost estimates. • Provides litigation support and expert opinions regarding environmental issues during, various legal proceedings. • Performs human-health risk screening evaluations (HHSE), calculates risk-based cleanup goals, and performs risk-based corrective action (RBCA) following EPA, DTSC, and ASTM protocol. PROJECT EXPERIENCE Mr. Halpern's human health risk evaluation experience includes: • Former Ambassador Hotel Site, Los Angeles, California. Project Manger for Phase I, Preliminary Endangerment Assessment, and preparation of a Removal Action Work Plan. Project included extensive soil-gas surveys, soil and groundwater sampling and analyses to characterize the site, preparation and analysis of a Human Health Risk Screening Evaluation (HHSE), participation in the Community Outreach Program. • PEA/Los Angeles Unified School District. Project manager/coordinator for conducting preliminary endangerment assessments, at seven school sites (additions) and one new school site in the LAUSD jurisdiction. Responsible for scoping of work, cost estimating, overseeing completion of background research, agency (DTSC) and client communication, overseeing field activities, and overseeing the HHSEs. • Jefferson New Middle School, Los Angeles, California. Project manager and technical support to Los Angeles Unified School District (LAUSD} for the additional assessment and cleanup of the Jefferson New Middle School site in Los Angeles, California. Responsible for scoping of work, providing.cost estimates, reviewing legal documents related to environmental issues associated with the site, client and agency correspondence, and responding to requests for environmental and litigation support on behalf of LAUSD. • Nefv Bessie Carmichael Elementary School, San Francisco U~rified School District, San Francisco, California. Project manager for the preparation and implementation of a Removal Action Work Plan. The project included evaluating the human health risk screening evaluation performed by others for the Preliminary Endangerment Assessment, calculated and negotiated with DTSC cleanup goals for the site, prepared bid specifications for excavation contractors, and oversaw removal action field activities, and prepared closure assessment. • Precious Metals Facility, Los Angeles, California. Technical Support for the assessment, evaluating cleanup goals, and overseeing the remediation of a precious metals facility. Responsible for designing, sampling, and remedial excavation program. • Industrial Facility, La Mirada, California. Technical Advisor for the cleanup of soil and groundwater for this industrial facility, which was impacted by PCE. Responsible for perfornng an evaluation of previous RAP, reassessment of cleanup goals and redesign of system, and for tracking O&M. RESUME OF R. LEONARD ALLEN Principal Engineer EDUCATION Master of Science, Geotechnical Engineering, 1967, University of California, Berkeley, California Bachelor of Science, Civil Engineering, 1963, University of California, Los Angeles, California REGISTRATIONS Registered Civil Engineer, California, RCE 18554 Quality Engineer, California, QU2941 Registered Geotechnical Engineer, California, GE 91 Environmental Assessor, California, REA 569 CERTIFICATIONS California State Junior College System, Certified Instructor American Society for Testing and Materials (ASTM), Risk-Based Corrective Action (RBCA) OSHA 40-Hour Health and Safety Training (with Supervisor Training and annual updates) PROFESSIONAL RESPONSIBILITIES As Principal Engineer for Ninyo & Moore, Mr. Allen: • Directs and supervises environmental and geotechnical investigations and analyses. • Prepares and reviews reports and specifications. • Provides technical guidance and support to the engineering staff. • Oversees technical and business development operations. • Provides technical expert witness opinions for insurance and litigation cases. PROJECT EXPERIENCE Mr. Allen's specific risk assessment experience includes: • Former tire-manufacturing facility in Salinas, California: Project Manager for a federal and state Superfund site. Mr. Allen oversaw the Preliminary Risk Assessment prepared in 1988 when DTSC and USEPA were still fmalizing their guidance documents and approaches to risk assessment. He also oversaw several updates to this risk assessment associated with the Feasibility Study and the Remedial Action Plan. • Fries Elementary School for LAUSD: Project Manager for conducting Phase I ESA and PEA, including a human health screening risk assessment, for addition at school • Jefferson New Elementary School # 7 School for LAUSD: Project Manager for PEA reports, including a human health screening risk assessment • State Street New Elementary School for LAUSD: Project Manager for PEA reports, including a human health screening risk assessment • Central Los Angeles High School # 8 (former Ambassador Hotel): Principal-in-Charge of PEA report, including a human health screening risk assessment, and Remedial Action Workplan for LAUSD • Santa Monica Primary Center for LAUSD: Project Manager for site assessment studies, including a human health screening risk assessment • Belmont #9 School: Principal-in-Charge for Phase I ESA and PEA reports, including a human health screening risk assessment, for LAUSD • Two: litigation cases: Expert witness in cases where property contaminated with lead was acquired by eminent domain. Coordinated expert witness testimony with, risk assessment.-expert witness with regard to site characterization and exposure scenarios related to various development schemes • Circuit board manufacturing facility: Project Manager for site evaluation and risk assessment at a site contaminated with chlorinated solvents ASSOCIATIONS American Society of Civil Engineers (past treasurer of Orange County Branch of Los Angeles Section; served on Corrunittee for Continuing Professional Development) Institute for Advancement of Engineering (past President of the College of Fellows ) American Society for Quality American Society for Testing and Materials Consulting Engineers and Land Surveyors of California (past chairman of Hazardous Waste Management Academy) Califomia Geotechnical Engineers Association (past President) Geo-Institute Waste Management Forum ~~J~1~ u 1 CORPORATION NORMAN T. OZAHI, Ph.D. human health and ecological risk assessment regulatory compliance audits health and safety health policy toxicology EDUCATION University of California, Berkeley: NIH Postdoctoral Research, Cancer Epidemiology, 1982 University of California, San Francisco: Ph.D. Health Policy Modeling and Analysis, 1979 University of California, Los Angeles: National Institute of Mental Health (NIMH) Traineeship, 1968-1969 University of California, Los Angeles: B.A. Zoology/History, 1968 PROFESSIONAL HISTORY SOMA Corporation, President and Principal Toxicologist, 1991-present Levine-Fricke-Recon (formerly Levine-Fricke, Inc.), Senior Toxicologist and Risk Assessment Group Manager, 1989-1991 ICF Clement Associates, Senior Associate, 1988 ICF Technology, Senior Associate Health and Safety Officer, 1987 Woodward-Clyde Consultants, Senior Staff, Regional Health and Safety Officer, 1981-1986 REPRESENTATIVE EXPERIENCE Dr. Ozaki is a public health specialist and toxicologist engaged in human health and ecological risk assessment work for hazardous waste sites with over 20 years of environmental consulting experience. His breadth of experience includes: the development and negotiation of risk-based remedial goals for hazardous waste sites, hazardous waste site closures, multiple endangerment assessments for Federal and State Superfund sites, and compliance evaluations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Dr. Ozaki has served as a testifying toxicology expert in several litigation cases. He has provided technical and management. support for several U.S. Environmental Protection Agency {U.S. EPA) Superfund endangerment assessments and baseline risk assessments in Regions 5, 9, and 10, as well as for State Superfund baseline risk assessments in California, and other states. He has prepared site-specific quantitative multimedia risk assessments as part of the remedial investigation/feasibility study (RUES) process for various sites on U.S. EPA's National Priorities List (NPL). Norman Ozaki Page 1 of 4 ~v C O R P O R A T I O N Dr. Ozaki's representative project experience includes: Human Health and Ecological Risk Assessments • Development of a human health risk assessment for an elementary school with groundwater that may have been affected by volatile organic chemicals from a Superfund Site located in the near area. Information including indoor air chemical data. outdoor air chemical data, soil-gas chemical data, and assorted other sources of information were integrated into an evaluation of potential exposure to children at the school. • Development of the human health risk assessment for the Phase One Cleanup of Lead-Bearing Material for the Golden Gate Bridge, Highway and Transportation District. Through the approved site-specific modification of the biokinetic model for lead developed by the California Environmental Protection Agency (Cal EPA), a soil remedial goal for lead in public access areas was developed and approved for implementation. The approved remedial goal for lead in soil was greater than the State of California hazardous waste level for lead. Coordination of the commercial development of a property under regulatory order for subsurface remediation of hexavalent chromium and volatile organic compounds. The project included the removal of underground storage tanks and the continuation of subsurface remediation integrated with a zoning change from commercial/industrial to live/work space. A human health risk assessment using fiiture land use scenarios was conducted in conjunction with relocation of a building and a land use zoning change. The project required the coordination of multiple parties (tenants and property owners), multiple agencies, and compliance with various State statutes and regulations. Ecological risk assessment support for several U.S. Navy sites in the San Francisco Bay Area which included quantification of potential risks to terrestrial and aquatic vertebrate species and the evaluation of wetland functional significance. Management of a human health and ecological risk assessment for the closure of a RCRA Solid Waste Management Unit located within a former chemical manufacturing facility in Fontana, California. On-site and off-site receptors were evaluated to confirm the adequacy of the site remediation activities conducted for the closure. • Development of risk-based soil remediation goals for a former mixed industrial- use site that included a former shipyard facility at the Port of Richmond. The risk assessment included the evaluation of potential adverse health risks associated with the dredging and land spreading of near-shore sediments containing Norman Ozaki Page 2 of 4 Srr-l~ZA. C O R P O R A T I O N chemicals. • Management of the development of human health risk-based soil remediation goals for a proposed residential development at former railyard in San Jose, California with petroleum hydrocarbon-affected soils. Risk Assessment in the NEPA/CEQA Process • Management of the human health impact evaluation portion of the administrative draft environmental impact report/environmental assessment for the Port of Oakland's Berth 55-58 construction project. The focus of the evaluation .included the human health risk associated with the proposed reuse of dredge material. Management of the assessment of potential human health effects associated with recreational swimming in an area adjacent to the Port of San Francisco's proposed Hyde Street Fishing Harbor and Pier 45 Construction Project. The evaluation was performed as part of the project's Environmental Impact Report, which was subsequently certified by the San Francisco Planning Commission following an active public review period. Risk Assessment Litigation Support Expert testimony for litigation involving the sale of a former aircraft facility property in southern California. The buyer of the property contended that residual chemical concentrations from historical industrial activities at the property represented a significant human health risk. Partially due to the human health risk assessment expert witness testimony, the case was settled in favor of no finding of significant human health risk. • Development of a human health risk assessment and third-party review of a risk assessment for a decommissioned dockyard facility in Sydney, Australia targeted for residential and commercial redevelopment. Partially due to the results of the risk assessment and review work, the former dockyard owners successfully won their litigation and were not found liable for significant remediation costs due to the landowner's proposed land use change to residential. • General litigation support and third-party review of the risk assessments conducted for the proposed remedial measures to be implemented for the closure of a Class I landfill in Contra Costa County. • Expert testimony during public hearings before the California Energy Commission on the adverse health risks associated with cogeneration facilities and municipal solid waste burning facilities. Norman Ozaki Page 3 of 4 ~v ~~ C O R P O R A T I O N Risk Assessment Methodology Teaching and Instruction • Technical instruction on risk assessment methodology to environmental attorneys as part of a continuing education program sponsored by the University of Houston and University of California. • Technical instruction on risk assessment methodology to staff members of the U.S. EPA in Region 9 and the Department of Toxic Substances Control (DTSC) of Cal EPA. • Technical instruction on risk assessment methodology to the electric and gas utility industry under the sponsorship of the State of California. • Technical and management instruction on human health risk assessment methodology for the University of California, Berkeley Extension Program Health and Safety • Health and Safety Officer for U.S EPA Region 10 under the REM II and REM III Superfund contracts. Health and safety responsibilities for RUFS activities in Idaho, Washington, Oregon, and Alaska included preparation and implementation of health and safety plans, emergency contingency plans, hazard evaluations, audits, training, and regulatory compliance. Development and implementation of health and safety training including: 40- hourhealth and safety training at the Hanford Nuclear Reservation, development and implementation of over 40 Health and Safety Plans for hazardous waste operation sites, design and presentation of several Hazardous Waste Operations Training 8-hour refresher courses (29 CFR 1910.120). PROFESSIONAL AFFILIATIONS Society for Risk Analysis Norman Ozaki Page 4 of 4 S~ C O R P O R A T I O N ESTELLE N. SHIROMA, D.Env. human health and ecological risk assessment remedial investigations/feasibility studies environmental site assessments regaclatory compliance audits EDUCATION University of California, Los Angeles: D. Env., Environmental Science and Engineering, 1996 University of Hawaii: M.S., Public Health (Environmental Health Sciences), 1979 University of Hawaii: B.A., Zoology, with Distinction and Marine Option Certificate, 1976 CONTINUING EDUCATION University of California Extension. Site-Specific Application of the Risk and Decision- Making Process for Petroleum-Impacted Sites: An Advanced Workshop. May 1997. University of California Extension. Risk and Decision Making at Petroleum Contaminated Sites. November 1995. PROFESSIONAL HISTORY SOMA Corporation, Senior Environmental Scientist and Business Development Manager, 1997-date Kennedy/Jenks Consultants, Associate Environmental Scientist, 1984-1997 Brewer Chemical Corporation, Senior Laboratory Supervisor, 1979-1982 University of Hawaii, Water Resources Research Center, Field/Laboratory Assistant, 1978-1979 REPRESENTATIVE EXPERIENCE Dr. Shiroma has over fifteen years of diverse experience in the practices of environmental site investigation and remediation, human health and ecological risk assessment, and regulatory compliance. She has applied her background in the environmental sciences and public health to projects involving the assessment of human health and ecological effects from exposure to chemicals in soil, groundwater, surface water, and, air. She has conducted numerous environmental audits and Phase I Environmental Site Assessments at industrial, residential, agricultural, and commercial facilities, and has a strong working knowledge of applicable Federal, State, and local environmental programs. Estelle Shiroma Page 1 of 5 ~~ ~~ C O R P O R A T I O N Her representative experience and responsibilities have included the following: Human Health and Ecological Risk Assessments Conducted numerous risk assessments using Federal Superfund guidance for human health and ecological evaluations, RCRA Facility guidance, Department of Toxic Substances Control guidance, and ASTM Risk-Based Corrective Action (RBCA) guidance. Results of the risk assessments have been used for selecting remedial actions that are protective of human health and the environment and to establish remedial goals for hazardous waste and petroleum release sites. • Project manager for a human health risk assessment for a former rail yard located in downtown Los Angeles, California that will be redeveloped as a park. The risk assessment was completed under the oversight of the Department of Toxic Substances Control. • Provided human health risk assessment technical support for two former Air Force bases in California. Project tasks include data evaluation, exposure assessment, risk characterization, and development of remedial cleanup goals for soil arid groundwater. • Prepared a Tier 1 and Tier 2 Risk Based Corrective Action (RBCA) evaluation of VOCs in soil and groundwater. The study was conducted in conjunction with a Request for No Further Action and site closure at a former industrial property proposed for redevelopment as low-income housing. • Developed a human health risk assessment for a transportation company with lead- affected soils from historic locomotive maintenance operations. In addition to the risk assessment, abench-scale lead solubility study was also conducted to evaluate the potential for lead to impact shallow groundwater. • Project manager for an ecological risk assessment of a riverine/riparian habitat adjacent to a railroad fiieling facility in Montana. Project tasks currently completed include biological surveys, chemical characterization, exposure pathway evaluation, and development and approach for the next phase of work. • Preparation of the ecological assessment of sediments in the vicinity of a stormwater outfall at the Fleet Industrial and Supply Center (FISCO), Alameda Annex. The outfall discharges stormwater to the Oakland Inner Harbor. An evaluation of chemicals of sediment, sediment pore water results, and solid phase and pore water bioassay results was conducted to identify potential sources of chemicals in sediments and potential ecological impact to aquatic and benthic receptors: Estelle Shiroma Page 2 of 5 ~~~ ~v C O R P O R A T I O N Project Manager for an ecological assessment of a golf course development project in a 97-acre designated wetland area. The project included a fate and mobility study of selected chlorinated, triazine, and carbamate pesticides to evaluate the potential exposure to wildlife and aquatic resources. Following construction of the golf course, a water quality monitoring program was implemented to evaluate the potential impact of pesticides and fertilizers to the marsh area and to evaluate the effectiveness of chemical application and management practices at the property. Assisted in the development of an ecological assessment for a major Superfund site in California located in wetlands habitat where endangered and threatened species were identified by Federal and State agencies. The ecological assessment included the evaluation of extensive biological field data and soil elutriate bioassay analyses. • Provided technical support for an ecological risk assessment project at two wetlands at a former Navy facility in northern California. Project responsibilities included evaluation of test methods and interpretation of bioaccumulation and sediment bioassay analytical results. Preliminary Endangerment Assessments Project Manager responsible for preparation of a Preliminary Endangerment Assessment (PEA) for a former silicate manufacturing facility in Southern California. Through the development of a human health risk assessment to evaluate the risks associated with residual VOCs in groundwater and soils, site closure was achieved. Subsequent to site closure, the property was sold for redevelopment as a commercial facility. • Prepared a PEA for a wood products manufacturer in Northern California under the oversight of DTSC. The PEA included an evaluation of chemical usage, storage, and disposal in historical and current manufacturing processes, an evaluation of regional and site-specific soil and groundwater quality investigations, and a human health and environmental threat assessment. Site Investigation and Remediation Assisted in the implementation and design of a site investigation and remediation of a former can manufacturing plant in Northern California where elevated lead was found in soils. Through an evaluation of the potential threat to human health and the environment, and negotiations with the Department of Toxic Substances Control (DTSC), the soils were reclassified as a nonhazardous waste and site closure was achieved. The site has been successfully redeveloped for commercial use. Estelle Shiroma Page 3 of 5 S~l~7A C O R P O R A T I O N Project manager for a site investigation of agricultural property impacted by residual petroleum product from a former crude oil pipeline in Stanislaus County, California. Developed strategy for site investigation using historical County records and surveying the former pipeline alignment to facilitate the evaluation of vertical and horizontal extent of impacts to soil and shallow groundwater from residual petroleum products. Petroleum hydrocarbon fingerprinting methods were used to characterize product conveyed in the former pipeline to assist in the identification of the potentially responsible party (PRP}, a major oil company. Participated in meetings with the client, PRP, and legal counsel for both parties and reviewed technical documents prepared by the PRP's environmental consultant. Environmental Audits and Phase I Environmental Site Assessments Provided environmental audit services for the management of toxic and hazardous substances, including PCBs in electrical equipment, for an electric utility company in Northern California. Reviewed hazardous waste accumulation and storage facilities, waste handling procedures, PCB testing program, and provided recommendations for recordkeeping, personnel training, equipment testing, and hazardous waste management. • Conducted over 50 preliminary site assessments for real estate property transfers in California, Nevada, Arizona, Oregon, Hawaii, and Guam. Properties have included industrial operations, commercial parks, and agricultural facilities for a diverse client base (lending institutions, private investors, attorneys, and property owners). PROFESSIONAL AFFILIATIONS Society of Environmental Toxicology and Chemistry (SETAC) Sacramento County Bar Association, Environmental Law Section Professional Environmental Marketing Association -Sacramento Chapter, Board of Directors SELECTED PUBLICATIONS, PRESENTATIONS AND ABSTRACTS Shiroma, E.N. 1996. Ecological Assessment in the Superfund Remedial Investigation Study Process: Liquid Gold, A Case Study. Doctoral Dissertation, Environmental Engineering and Science Program. University of California, Los Angeles. Shiroma, E.N. and K.A. Walsh. 1990. Ecological Evaluation in the Superfund Regulatory Process. Paper presented at the 71S` Meeting of the Western Society of Naturalists. Monterey, California. December. Estelle Shiroma Page 4 of 5 Sl~~~ C O R P O R A T I O N Young, R.H.F., E.N. Shiroma, J. Demetriou, D.E. Wong, S. Amman. 1980. Monitoring of Pollutants in Waste Water, Sewage, and Sediment. Tech. Mem. Rep. No. 61, Water Resources Research Center. University of Hawaii, Honolulu, Hawaii. Shiroma, E.N. 1979. Monitoring of Pentachlorophenols, Polychlorinated Biphenyls, Selected Organochlorines, and Heavy Metals in Sewage and Sediment. M.S. Thesis. University of Hawaii, Honolulu, Hawaii. Estelle Shiroma Page 5 of 5 '-1 ~+I r v apin ~•'~.N.WA~•.L~F'i ~ N~V IIAA1wti Y~1•` /~~.~ TrM11A~li~ i~ ~Ii11~1~:~f I~M:ti1V1111 .. _ '``s~~1'' t . f ' ' ~~ ~ .-.. --, .r ' _ 1Y `y u.lr~- 777- ,4 „i1 ,F 7irl r Gray Davis, Governor Winston H. Hickox, Secretary California Environmental Protection Agency A Guide to Health Risk Assessment Joan Denton, Director Office of Environmental In recent years, the public has become increasingly aware of the Health Hazard Assessment presence of harmful chemicals in our environment. Many people express concerns about pesticides and other foreign substances in food, contaminants in drinking water, and toxic pollutants in the air ~~~,,. . Others believe these concerns are exaggerated or unwarranted. How can we determine which of these potential hazards really deserve - attention? How do we, as a society, decide where to focus our efforts '~'"'" ` and resources to control these hazards? When we hear about toxic threat th ff , s at a ect us personally, such as the discovery of industrial waste buried in our neighborhood or near our children's school, Office of how concerned should we be? Environmental H l h H Health risk assessment is a scientific tool designed to help answer ea t aaard Assessment these questions..Government agencies rely on risk assessments to help them determine which potential hazards are the most significant 1001 I Street . Risk assessments can also guide regulators in abating environmental P.O. Box 4010 hazards. Members of the public who learn the basics of risk Sacramento, CA 95812-4010 assessment can im rove their understanding of both real and perceived environ- p mental hazards, and they can work more effectively with decision (916) 324-7572 makers on solutions to environmental problems. http:llwww. oehha.ca.gov The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see California's official "Flex Your Power" Web site at www. flexyourpower.ca.gov. 2 The purpose of this booklet is to provide a basic explanation of risk assessment for laypeople involved in environmental health issues, including policymakers, businesspeople, members of community groups, news reporters, and others with an interest in the potential health effects of toxic chemicals. hemicals can be either beneficial or harmful, depending on a number of factors, such as the amounts to which we are exposed. Low levels of some substances may be necessary for good health, but higher levels may be harmful. Health risk assessments are used to determine if a particular chemical poses a significant risk to human health and, if so, under what circumstances. Could exposure to a specific chemical cause significant health problems? How much of the chemical would someone have to be exposed to before it would be dangerous? How serious could the health risks be? What activities might put people at increased risk? If it were possible to prevent aII human exposure to all hazardous chemicals, there would be no need for risk assessment. However the total removal of harmful pollutants from the environment is often infeasible or impossible, and many naturally occurring substances also pose health risks. Risk assessment helps scientists and regulators identify serious health hazards and determine realistic goals for reducing exposure to toxics so that there is no significant health threat to the public. Estimating the hazards posed by toxic chemicals in the envi- ronment involves the compilation and evaluation of complex sets of data. Government regulators, therefore, turn to special- ists to perform or assist with risk assessments. These specialists include scientists with degrees in toxicology (the study of the toxic effects of chemicals) and epidemiology (the study of disease or illness in populations) as well as physicians, biologists, chemists, and engineers. The term "health risk assessment" is often misinterpreted. People sometimes think that a risk assessment will tell them whether a current health problem or symptom was caused by exposure to a chemical. This is not the case. Scientists who are searching for links between chemical exposures and health problems in a community may conduct an epidemiologic study. These studies typically include a survey of health problems in a community and a comparison of health problems in that community with those in other cities, communities, or the population as a whole. Health risk assessment estimates how current or future chemical exposures could affect a broad population. Photo: Air Resources Board ~ Although they are both important, health risk assessments and epide- miologic studies have different objectives. Most epidemiologic studies evaluate whether past chemical exposures may be responsible for docu- ~ mented health problems in a specific group of people. In contrast, health risk assessments are used to estimate whether current or future ~ chemical exposures will pose health risks to a broad population, such as a city or a community. Scientific methods used in health risk assessment cannot be used to link individual illnesses to past chemical exposures, i nor can health risk assessments and epidemiologic studies prove that a specific toxic substance caused an individual's illness. I The U.S. Environmental Protection Agency (U.S. EPA) is a leading risk assessment agenry at the federal level. In California, the Office of Envi- ~, ronmental Health Hazard Assessment (OEHHA) in the California En- vironmental Protection Agency (Cal/EPA) has the primary responsibil- iry for developing procedures and practices for performing health risk ~ assessments. Other agencies within Cal/EPA, such as the Department ~ of Pesticide Regulation and the Department of Toxic Substances Con- ! trol, have extensive risk assessment programs of their own but work I closely with OEHHA (see the table below). The Department of Pesticide Regulation uses risk assessments to make regulatory decisions concerning safe pesticide uses. The Department of Toxic Substances Control uses risk assessments to determine require- ~ ments for the management and cleanup of hazardous wastes. OEHHA's health risk assessments are used by the Air Resources Board to develop regulations governing toxic air contaminants and by the Department of j Health Services to develop California's drinking water standards. These agencies' decisions take into account the seriousness of potential health effects along with the economic and technical feasibility of measures that can reduce the health risks. Health risk assessment requires both sound science and professional j judgment and is a constantly developing process. CaI/EPA is nationally recognized for developing new procedures that improve the accurary of risk assessments. Cal/EPA also works closely with U.S. EPA in all phases of risk assessment. .... _ ~ c y ~3} _ ~' ~ k~ ~r z• De artme p nt or Office Resk Assessment i ~~~ ~ ~~ - - rV ~~' Office of Environmental Health Hazard Assessment Chemical contaminants in air, water, food, and fish ,; ~`.. Department of Pesticide Regulation Pesticides: regulation and safe use; residues in food, ,~ - water, soil, and air : ;" Department of Toxic Substances Control Hazardous waste: mitigation of site contamination; safe ' ,~ `. operation of treatment, storage, or disposal facilities ~ t r~ ~.~ ~~ f ~ 4 1~ ~ f ~ '~ she , YM ttyy iw i~ _ n.~i - ~{~ Y ~~t~ ~ ~~ri~~i~ ~ ~F. .. _ _ '.~ S ,~ ,.•. ,~ ,' '1 ,s ~ ., ,~. ` .(_ ~~~ ~~ ~°r i~ ~ ~ ~~i , ~ r „. , :I a ~i .,; l ~ ,,, he risk assessment process is typically described as consisting of ~ four basic steps: hazard identification, exposure assessment, dose-re- Hazard Identification sponse assessment, and risk characterization. Each of these steps will ~ Review key research to be explained in the following text. identify any potential health problems that a chemical can cause. Hazard Identification ~, In the first step, hazard identification, scientists determine the types of , health problems a chemical could cause by reviewing studies of its ~ effects in humans and laboratory animals. Depending on the chemical, Exposure~4ssessment these health effects may include short-term ailments, such as head- ' Determine the amount, ' aches; nausea; and eye, nose, and throat irritation; or chronic diseases ~~ duration, and pattern of , such as cancer. Effects on sensitive populations, such as pregnant exposure to the chemical. women and their developing fetuses, the elderly, or those with health problems (including those with weakened immune systems), must also be considered. Responses to toxic chemicals will vary depending on ~ the amount and length of exposure. For example, short-term exposure Dose-Response Assessment to low concentrations of chemicals may produce no noticeable effect, Estimate how much of the but continued exposure to the same levels of chemicals over a long ~ chemical it would take to period of time may eventually cause harm. (See "Dose-Response cause varying degrees of health effects that could Assessment" on page 8.) lead to illnesses. An important step in hazard identification is the selection of key re- search studies that can provide accurate, timely information on the hazards posed to humans by a particular chemical. The selection of a study is based upon factors such as whether the study has been peer- Risk Characterization reviewed by qualified scientists, whether the stud 's findin shave been I Y g Assess the risk for the chemical to cause cancer verified by other studies, and the species tested (human studies provide I or other illnesses in the the best evidence). Some studies may involve humans that have been ! general population. exposed to the chemical, while others may involve studies with Tabora- tory animals. 5 ., Human data frequently are useful in evaluating human health risks associated with chemical exposures. Human epidemiologic studies typically examine the effects of chemical exposure on a large number of people, such as employees exposed to varying concentrations of chemicals in the workplace. In many cases, these exposures took place prior to the introduction of modern worker-safety measures. „~ One weakness of occupational studies is that they generally measure the effects of chemicals on healthy workers and do not consider chil- dren, the elderly, those with pre-existing medical conditions, or other sensitive groups. Since occupational studies are not controlled experi- ments, there may be uncertainties about the amount and duration of exposure or the influence of lifestyle choices, such as smoking or alco- hol use, on the health of workers in the studies. Exposure of workers ro other chemicals at the same time may also influence and complicate the results. Laboratory studies using human volunteers are better able to e some health effects because chemical exposures can :n be measured with precision. But these studies usually nvolve small numbers of people and, in conformance with ethical and legal requirements, use only adults who agree to participate in the studies. Moreover, laboratory studies often use simple measurements that identify immediate responses to the chemical but might miss significant, longer-term health effects. Scientists can also use physicians' case reports of an industrial or transportation accident in which individuals were un- intentionally exposed to a chemical. However, these eports may involve very small numbers of people, and level of exposure to the chemical could be greater than ures to the same chemical in the environment. Never- zman studies are preferred for risk assessment, so :es every effort to use them when they are available. ramfly medical history, occupation, and personal habits, such as smoking, ! Because the effects of the vast majority of chemicals have not been all influence an individual's risk of studied in humans, scientists must often rely on animal studies to contracting cancer and other diseases. , evaluate a chemical s health effects. Animal studies have the ad Photo: History and Science Division, Sacramento Archives and Museum vantage of belri erformed under controlled laboratory conditions that reduce g p Coiiection Center ~ much of the uncertainty related to human studies. If animal studies ~ are used, scientists must determine whether a chemical's health effects in humans are likely to be similar to those in the animals tested. Al- though effects seen in animals can also occur in humans, there may be subtle or even significant differences in the ways humans and experi- mental animals react to a chemical. Comparison of human and animal metabolism may be useful in selecting the animal species that should ~ , be studied, but it is often not possible to determine which species is most like humans in its response to a chemical exposure. However, if similar effects were found in more than one species, the results would strengthen the evidence that humans may also be at risk. ' Exposure Assessment In exposure assessment, scientists attempt to determine how long people were exposed to a chemical; how much of the chemical they were exposed to; whether the exposure was continuous or intermit- tent; and how people were exposed-through eating, drinking water and other liquids, breathing, or skin contact. All of this information is combined with factors such as breathing rates, water consumption, and daily activity patterns to estimate how much of the chemical was taken into the bodies of those exposed. People can be exposed to toxic chemicals in various ways. These sub- stances can be present in the air we breathe, the food we eat, or the water we drink. Some chemicals, due to their particular characteristics, may be both inhaled and ingested. For example, airborne chemicals can settle on the surface of water, soil, leaves, fruits, veg- etables, and forage crops used as animal feed. Cows, chickens, or other livestock can become contaminated when eating, drinking, or breathing the chemicals present in the air, water, feed, and soil. Fish can absorb the chemicals as they swim in contaminated water or ingest contaminated food. Chemicals can be absorbed through the skin, so infants and children can be ex- posed simply by crawling or playing in contaminated dirt. They can also ingest chemicals if they put their ,,, ~,y.~ _ _ _~.. 7~ - ~ yTr L' 5~ ' ' ' , ~ : IZ~~±~ T+lp LI~l NLY!1TM71 Sl~a?7TlL 1s I+L a' a~~/L h Y'WJif ~M= .g1h~~a+•u~~v+. ~ 4+1 i Lv~h. rti.a.{r dY •!]ILTLVfi74L Vi PA1>t![yfl+7f: . r. C...,,r.l.. ~~... I+MivilartrWrl~, ~}4i~~C}+A~~.~v of uau+e•W~, *~a woE lQnca~+r+~•4~o~+~w~~w .4. .... ~~~....~ •~ ~+.:.r•,c++l~•~]~••.•1 .a.•a...•,. 1......•...~,....,..,•.....,..... ~, ., ftffsu~5o O.vl]+fav~ . _ . 1 i%: ' ` I~~~~.til ~~~.., ~W~IT +~uar. ±1~a }„ :.i ~ .. ~y.~ti~ ::, _.",~ ~ {'tF~a~..~F.tiV.r 1+~~V'R~RM• w:~~.i=:i :i~li. ~''.. ,+ ~.r.~ ~~. i~ ~+1~f 1.T~}F. 1}•leS:i~~: YY.i fingers or toys in their mouths after playing in contaminated dirt. i OEHHA sport fish advisory Chemicals can also be passed on from nursing mothers to their chit- ~ dren through breast milk. To estimate exposure levels, scientists rely on air, water, and soil moni- toring; human blood and urine samples; or computer modeling. Although monitoring of a pollutant provides excellent data, it is time consuming, costly, and typically limited to only a few locations. For those reasons, scientists often rely on computer modeling, which uses mathematical equations to describe how a chemical is released and to ' estimate the speed and direction of its movement through the sur- rounding environment. Modeling has the advantage of being relatively inexpensive and less time consuming, provided all necessary informa- tion is available and the accuracy of the model can be verified through testing. Computer modeling is often used to assess chemical releases from industrial facilities. Such models require information on the type of chemicals released, facilities' hours of operation, industrial processes that release the chemicals, smokestack height and temperature, any pollution-control equipment that is used, surrounding land type (urban or rural), local topography and meteorology, and census data regarding the exposed population. In all health risk assessments, scientists must make assumptions in or- der to estimate human exposure to a chemical. For example, scientists assessing the effects of air pollution may need to make assumptions about the time people spend outdoors, where they are more directly exposed to pollutants in the ambient air, or the time they spend in an area where the pollution is greatest. An assessment of soil contamina- tion may require scientists to make assumptions about people's con- sumption of fruits and vegetables that may absorb soil contaminants. ers are used to e pollutants e akernoon, n urban air ition levels are highest. To avoid underestimating actual human exposure to a chemical, scien- tists often look at the range of possible exposures. For example, people who jog in the afternoon, when urban air pollution levels are highest, would have much higher exposures to air pollutants than people who come home after work and relax indoors. Basing an exposure estimate on a value near the higher end of a range of exposure levels (closer to the levels experienced by the jogger than by the person remaining in- doors) provides a realistic worst-case estimate of exposure. These kinds of conservative assumptions, which presume that people are exposed to the highest amounts of a chemical that can be considered credible, are referred to as "health-protective" assumptions. Dose-Response Assessment In dose-response assessment, scientists evaluate the information ob- tained during the hazard identification step to estimate the amount of a chemical that is likely to result in a particular health effect in humans. An established principle in toxicology is that "the dose makes the poi- son." For example, a commonplace chemical like table salt is harmless in small quantities, but it can cause illness in large doses. Similarly, hydrochloric acid, a hazardous chemical, is produced naturally in our stomachs but can be quite harmful if taken in large doses. Scientists perform adose-response assessment to estimate how different levels of exposure to a chemical can impact the likelihood and severity of health effects. The dose-response relationship is often different for many chemicals that cause cancer than it is for those that cause other kinds of health problems. Cancer Effects For chemicals that cause cancer, the general assumption in risk assess- ment has been that there are no exposures that have "zero risk" unless there is clear evidence otherwise. In other words, even a very low exposure to acancer-causing chemical may result in cancer if the chemical happens to alter cellular functions in a way that causes can- cer to develop. Thus, even very low exposures to carcinogens might increase the risk of cancer, if only by a very small amount. Several factors make it difficult to estimate the risk of cancer. Cancer appears to be a progressive disease because a series of cellular transfor- mations is thought to occur before cancer develops. In addition, cancer in humans often develops many years after exposure to a chemical. Also, the best information available on the ability of chemi- cals to cause cancer often comes from studies in which a limited num- ber of laboratory animals are exposed to levels of chemicals that are much higher than the levels humans would normally be exposed to in the environment. As a result, scientists use mathematical models based on studies of animals exposed to high levels of a chemical to estimate the probability of cancer developing in a diverse population of hu- mans exposed to much lower levels. The uncertainty in these estimates may be rather large. To reduce these uncertainties, risk assessors must stay informed of new scientific research. Data from new studies can be used to improve estimates of cancer risks. Noncancer Effects Noncancer health effects (such as asthma, nervous system disorders, birth defects, and developmental problems in children) typically become more severe as exposure to a chemical increases. One goal of dose-response assessment is to estimate levels of exposure that pose only a low or negligible risk for noncancer health effects. Scientists analyze studies of the health effects of a chemical to develop this estimate. They take into account such factors as the quality of the scientific studies, whether humans or laboratory animals were studied, and the degree to which some people may be more sensitive to the chemical than others. The estimated level of exposure that poses no significant health risks can be reduced to reflect these factors. Ris1c characterization The last step in risk assessment brings together the information devel- oped in the previous three steps to estimate the risk of health effects in an exposed population. In the risk characterization step, scientists analyze the information developed during the exposure and dose- response assessments to describe the resulting health risks that are expected to occur in the exposed population. This information is presented in different ways for cancer and noncancer health effects, as explained below. Cancer Risk Cancer risk is often expressed as the maximum number of new cases of cancer projected to occur in a population of one million people due The dose makes the poison-even table salt can be toxic in large doses. to exposure to the cancer-causing substance over a 70-year lifetime. For example, a cancer risk of one in one million means that in a popu- lation of one million people, not more than one additional person would be expected to develop cancer as the result of the exposure to the substance causing that risk. An individual's actual risk of contracting cancer from exposure to a chemical is often less than the theoretical risk to the entire population calculated in the risk assessment. For example, the risk estimate for a drinking-water contaminant may be based on the health-protective assumption that the individual drinks two liters of water from a contaminated source daily over a 70-year lifetime. However, an indi- vidual's actual exposure to that contaminant would likely be lower due to a shorter time of residence in the area. Moreover, an individual's risk not only depends on the individual's exposure to a specific chemical but also on his or her genetic background (i.e., a family history of cer- tain types of cancer); health; diet; and lifestyle choices, such as smok- ing or alcohol consumption. Cancer risks presented in risk assessments are often compared to the overall risk of cancer in the general U.S. population (about 250,000 cases for every one million people) or to the risk posed by all harmful chemicals in a particular medium, such as the air. The cancer risk from breathing current levels of pollutants in California's ambient air over a 70-year lifetime is estimated to be 760 in one million. Noncancer Risk Noncancer risk is usually determined by comparing the actual level of exposure to a chemical to the level of exposure that is not expected to cause any adverse effects, even in the most susceptible people. Levels of exposure at which no adverse health effects are expected are called "health reference levels," and they generally are based on the results of animal studies. However, scientists usually set health reference levels much lower than the levels of exposure that were found to have no adverse effects in the animals tested. This approach helps to ensure that real health risks are not underestimated by adjusting for possible differ- ences in a chemical's effects on laboratory animals and humans; the possibility that some humans, such as children and the elderly, may be particularly sensitive to a chemical; and possible deficiencies in data from the animal studies. Depending on the amount of uncertainty in the data, scientists may set a health reference level 100 to 10,000 times lower than the levels of exposure observed to have no adverse effects in animal studies. Exposures above the health reference level are not necessarily hazard- ous, but the risk of toxic effects increases as the dose increases. If an assessment determines that human exposure to a chemical exceeds the health. reference level, further investigation is warranted. 10 Health risk assessment takes into consideration children, the elderly, and other groups that may be particularly sensitive to a chemical. ~~ ~ ~ r~ ,,, r~ ;~ a isk managers rely on risk assessments when making regulatory decisions, such as setting drinking water standards, or developing plans to clean up hazardous waste sites. Risk managers are responsible for protecting human health, but they must also consider public ~ acceptance, as well as technological, economic, social, and political factors, when arriving at their decisions. For example, they may need ~' to consider how much it would cost to remove a contaminant from drinking water supplies or how seriously the loss of jobs would affect a community if a factory were to close due to the challenge of meet- ing regulatory requirements that are set at the most stringent level. Health risk assessments can help risk managers weigh the benefits and costs of various alternatives for reducing exposure to chemicals. For ' example, a health risk assessment of a hazardous waste site could help determine whether placing a clay cap over the waste to prevent expo- sure would offer the same health protection as the more costly option ', of removing the waste from the site. One of the most difficult questions of risk management is: How much risk is acceptable? While it would be ideal to completely elimi- nate all exposure to hazardous chemicals, it is usually not possible or feasible to remove all traces of a chemical once it has been released into the environment. The goal of most regulators is to reduce the health risks associated with exposure to hazardous pollutants to a neg-, ligibly low level. Regulators generally presume that aone-in-one million risk of cancer from life-long exposure to a hazardous chemical is an "acceptable risk" level because the risk is extremely low compared to the overall cancer rate. If a drinking water standard for acancer-causing chemical were set at the level posing a "one-in-one million" risk, it would mean that not more than one additional cancer case (beyond what would nor- mally occur in the population) would potentially occur in a popula- tion of one million people drinking water meeting that standard over a 70-year lifetime. Actual regulatory standards for chemicals or hazardous waste cleanups may be set at less stringent risk levels, such as one in 100,000 (not more than one additional cancer case per 100,000 people) or one in 10,000 (not more than one additional cancer case per 10,000 people). These less stringent risk levels are often due to economic or technological considerations. Regula- tory agencies generally view these higher risk levels to be acceptable if there is no feasible way to reduce the risks further. Photo: State Water Resources Control Board For example, a regulatory agency may determine that the only water-treatment technology capable of reducing a given water contaminant to the one-in-one million risk level would be so prohibitively expensive that drinking- water suppliers would have to raise their rates to levels that their customers could not afford. At the same time, the regulatory agency may determine that several treatment technologies could eco- nomically reduce the contaminant to the "one-in-100,000" risk level. By setting the drinking-water standard at the one-in-100,000 level, the regulatory agency could reduce health risks to acceptable levels while ensuring that water rates remain affordable. OEHHA and other Cal/EPA departments are dedicated to helping the public understand the risk assessment process as a way of encouraging public participation in decisions involving en- vironmental matters. OEHHA has compiled The Toxics Directory, a list of information sources on many aspects of health risk information. To obtain this directory and find out more about OEHHA's risk assessments, visit the OEHHA Web site at http://tuww.oehha.ca.gov, or contact OEHHA at the address listed below: Office of Environmental Health Hazard Assessment 1001 I Street P.O. Box 4010 Sacramento, California 95812-4010 (916} 324-7572 12 Health risk assessment helps regulatory agencies establish drinking water standards j that protect human health while ensuring that water rates are affordable. MEMORANDUM DATE: October 23, 2002 TO: THE HONORABLE MAYOR AND MEMBERS OF THE LYNWOOD CITY COUNCIL FROM: Faustin Gonzales, City Manager SUBJECT: Commission & Board Members Compensation PURPOSE: To have the Mayor and Members of the Lynwood City Council review this item and provide direction to staff as it relates to compensation for Commission and Board Members. BACKGROUND: Staff received a request from a Council Member to place an item on the agenda to increase the meeting stipend for Commission and Board Members from $25 a month to $50 a month. Section 36506 of the State of California Government Code along with Section 2-12.1 (b) of the Lynwood Municipal Code authorizes the City Council to set the compensation of Commission and Board Members by resolution or ordinance. ANALYSIS: The City of Lynwood currently has nine functioning Commissions and Boards with varying membership numbers identified in the Lynwood Municipal Code: 1. Community Affairs Commission - 7 Members 2. Community Development Block Grant Commission - 7 Members 3. Personnel Board - 5 Members 4. Planning Commission - 7 Members 5. Public Safety Commission - 7 Members 6. Recreation and Parks Commission - 7 Members 7. Traffic, Parking, and Safety Commission - 7 Members 8. Women's Commission - 5 Members 9. Youth Commission - 13 Members (Currently Dormant Due to Lack of Quorum) Fiscal Impact The current annual expenditure based on a stipend of $25 a month for 59 Members (Full Membership for the above 9 mentioned Commissions and Boards) is $17,700. Of this total $15,600, approximately 90%, of this comes from the general fund with the exception being the stipend for the Traffic, Park, and Safety Commission that comes out of the traffic fund. The proposed annual expenditure based on monthly stipends of $50 would be $35,400. The annual increased expense to the general fund would be $15,600 and $2,100 to the traffic fund. O tlons 1. Increase the monthly stipend to $50 and direct staff to bring back a formal resolution at the next meeting and incorporate the increase into the FY 02-03 Operating Budget prior to adoption. 2. Increase the monthly stipend to another amount and direct staff to bring back a formal resolution at the next meeting and incorporate the increase into the FY 02- 03 Operating Budget prior to adoption. 3. Leave the monthly stipend at the current amount of $25 and revisit this item at a later date. RECOMMENDATION: Staff respectfully requests that the Mayor and Members of the Lynwood City Council provide staff with further direction relative to this item. r-- j A(3EI~T1)A I~~ 8 2-8 LYNWOOD CITY CODE processing those claims is not otherwise provided by State statutes or local ordinance, must be presented within the time limitations and in the manner prescribed by sections 910 through 915.2 of the California Government Code. Those claims are further subject to the provisions of section 945.4 of the California Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the City Council or its designee. b. Contract And Other Claims: In addition to the requirements of subsection a of this Section, and notwithstanding the exemptions set forth in section 905 of the California Government Code, all claims against the City for damages or money, when a procedure for processing those claims is not otherwise provided by State statutes or local ordinance, must be presented within the time limitations and in the manner prescribed by sections 910 through 915.2 of the California Government Code. Those claims are further subject to the provisions of section 945.4 of the California Government Code relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the City Council or its designee. c. Claims Must Be Written: All claims must be in writing and verified by the claimant or by the claimant's guardian, conservator, executor, or administrator. No claim may be filed on behalf of a class of persons unless it is verified by every member of that class as required by this subsection. (Ord. #1433, §2) 2-8-2-11 RESERVED: 2-12 COMMISSIONS, BOARDS AND COMMITTEES GENERALLY: 2-12.1 Absence From Meetings; Removal; Compensation: a. Absences From Commission, Board, And Committee Meetings; Removal: 1. Regardless of other stipulations in legislation or guidelines establishing any boards, commissions or committees, the following policy will be adhered to: (a) Three (3) absences within a twelve (12) month period shall constitute a vacating of the position for boards, commissions or committees meeting once a month. (b) Four (4) absences within a twelve (12) month period shall constitute a vacating of the position for boards, commissions or committees meeting twice a month. (c) In order for the boards, commissioners and committees' chairmen to appropriately plan for their meetings, any member who has to be absent 210 Rev. Ord. Supp. 1/98 ADMINISTRATION 2-13 should notify the chairman of the respective board, commission and committee or in his/her absence, the staff representative. (d) If any section of this Subsection is found to be in conflict with any other section of this Code, this Section hereby supersedes all other codes. 2. The City Council may remove any member of any commission, board, or committee referred to in subsection al hereof at any time and without cause; provided, however, that any action of the City Council to remove a member of the Personnel Board from office prior to the expiration of his term shall not be effective unless approved by at least four (4) Councilmen. b. Compensation For Members Of Boards And Commissions: Any provision of this Code to the contrary notwithstanding, members of City boards and commissions shall be entitled to receive such compensation and reimbursement for expenses as the City Council may provide. (Code 1972 §§2-11, 2-11.1; Ord. #1054, §3; Ord. #1082, §l; Ord. #1356, §1) 2-13 COMMUNITY AFFAIRS COMMISSION: 2-13.1 Community Affairs Commission Established: There is hereby created the Community Affairs Commission of the City. (Code 1972 §9 1/2-1; Ord. #997, §4) 2-13.2 Composition; Appointment Of Members: The Community Affairs Commission shall consist of seven (7) members, who shall be appointed by, and serve at the pleasure of, the City Council. (Code 1972 §9 1/2-2; Ord. #997, §4) 2-13.3 Members To Be Residents Of City: Members of the Commission shall be residents of the City. Any member of the Commission automatically shall be deemed to have resigned from the Commission, and his office as a member of the Commission automatically shall be vacated, in the event the member ceases to be a resident of the City. (Code 1972 §9 1/2-2; Ord. #997, §4) 2-13.4 Terms Of Office: Four (4) of the members first appointed to the Commission shall be designated by the City Council to serve terms of two (2) years; and three (3) of the members first appointed shall be designated by the City Council to serve terms of four (4) years. All succeeding terms of office shall be for a period of four (4) years. Members shall hold office until their successors are qualified and take office. (Code 1972 §9 1/2-4; Ord. #997, §4; Ord. #1054, §2) 2-13.5 Compensation Of Members: Members of the Commission may be compensated in such amounts as the City Council may determine and, in addition thereto, may 210.1 Rev. Ord. Supp. 2/99 CA Codes (gov:36501-36524) Page 1 of .~... .-. GOVERNMENT CODS, SECTION 36501-36524 36501. The government of a general law city is vested in: (a) A city council of at least five members. (b) A city clerk. (c) A city treasurer. (d) A chief of police. (e) A fire chief. (f) Any subordinate officers or employees provided by law. 36501.5. Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code 36502. (a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant. (b) Notwithstanding any other provision of la-w, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. 36502.5. Notwithstanding the provisions of Section 36502, the city council of the City of Tustin may adopt by ordinance a proposal to limit the number of terms a member of the city council may serve on the city council without submitting the proposal to the electors of the city for approval, provided that a proposal containing those same provisions was submitted to the electors of the City of Tustin at a regularly scheduled election and a majority of the votes cast on the question favored the adoption of the proposal. Any ordinance adopted pursuant to this section shall apply prospectively from the effective date of this section. 36503. Unless otherwise required by Section 57379, a general municipal election shall be held on a date prescribed by Section 1301 of the Elections Code. Except as otherwise provided in this title, all elective city offices shall be filled by the city electorate at a general municipal election. City officers holding elective city office shall hold office for their prescribed terms from the date of the installation of officers following adoption by the council of the official canvass of their election and until their successors are elected and qualified. 36505. The city council shall appoint the chief of police. It may appoint a city attorney, a superintendent of streets, a civil engineer, and such other subordinate officers or employees as it http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=36001-37000&fi1e=36501-36524 10/21 /0~ CA Codes (gov:36501-36524} ,,.,, ... deems necessary. 36506. By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office during the pleasure of the city council. 36507. Before entering upon his duties, each city officer shall take and file with the city clerk the constitutional path of office, except that the councilmen elected at the incorporation election shall deposit said oath with the county clerk of the county wherein the city is located, to be held by him for delivery to the city clerk at such time as the city clerk officially assumes office. 36508. At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except councilmen, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period. 36509. The question shall be printed on the ballots used at the election substantially in one of the following forms: (a) "Shall the offices of city clerk and city treasurer be appointive?"; or (b) "Shall the office of city clerk be appointive?"; or (c) "Shall the office of city treasurer be appointive?" The words "yes" and "no" shall be so printed on the ballots that the voters may express their choice. 36510. If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers. 36511. The petition for incorporation of a city may provide for the appointment of the elective officers, or any of them except councilmen. If it does, a separate election upon the question need not be held, and upon incorporation the city council shall appoint such officers. 36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A Page 2 of http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=36001-3 7000&fi1e=36501-36524 10/21 /02 CA Codes (gov:36541-36524) governing body which has enact such an ordinance may also cal ~ special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d1 (1) Notwithstanding subdivision (b} and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. 36513. (a) If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. 36514.5. City councilmen may be reimbursed for actual and necessary expenses incurred in the performance of official duties. 36515. The compensation of a city councilman appointed or elected to fill a vacancy is the same as that payable to the member whose office was vacated. 36516. (a) A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be determined by the following schedule: (1) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month; (2) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month; (3) In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars ($500) per month. (4) In cities over 75,000 up to and including 150,000 in populatibn, up to and including six hundred dollars ($600) per month. (5) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars ($800) per month. (6) In cities over 250,000 population, up to and including one thousand dollars ($1,000) per month. For the purposes of this section the population shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (b) At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended which provides for automatic future increases in salary. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=36001-37000&file=36501-36524 Page 3 of 10/21 /02 CA Codes (gov:36501-36524) .~.. ,,,,,, Page 4 of (d} Any amounts paid by a ~ y for retirement, health and w~, are, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees. 36516.1. A mayor elected pursuant to Sections 34900 to 34904, inclusive, of the Government Code may be provided with compensation in addition to that which he receives as a councilman. Such additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election. 36516.5. A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office. 36517. The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution. 36518. Before entering upon the duties of their offices, the city clerk and city treasurer shall each execute a bond to the city. Except as otherwise provided, the bonds shall conform to the provisions of this code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the city attorney and fixed by the city council, by resolution, and may be changed during their terms of office. 36519. The city council may require bonds of any other officer or employee of the city. 36520. The city council shall approve all bonds. When approved, the clerk's bond shall be filed with the mayor, and other bonds shall be filed with the city clerk. 36521. Except as otherwise provided, all laws relating to the official bonds of officers apply to bonds required by this chapter. 36522. Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. He shall report such deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at such shorter intervals as are prescribed by ordinance. 36523. By ordinance or resolution, the city council may provide for a treasurer's departmental trust fund into which collections of the police department and other officers authorized to make collections may be deposited at frequent intervals during each month. Officers or employees shall advise the city treasurer upon making each deposit. 36524. The city treasurer shall make withdrawals from such a fund only on order signed by the proper department head and for the following purposes: (a) Making a refund of bail, which has been exonerated, or other refundable deposits. (b) Revolving fund advances authorized by the city council. (c) Correction of clerical or ministerial errors in the receipt of payments to the city. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=36001-3 7000&file=36501-36524 10/21 /0~ CA Codes (gov:36541-36524) (d) Making settlements witl ity funds month for collections accumulated during at the end of each cz zdar the month. Page 5 of http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=36001-37000&file=36501-36524 10/21 /OZ