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HomeMy Public PortalAbout2001-12-13CC_sp• ~•. This Agenda contains a brief general description of each item fob considered. Copies of fhe Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for 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 DECEMBER 13, 2001 6:30 P.M. COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, ARTURO REYES MAYOR FERNANDO PEDROZA MAYOR PRO-TEM PAUL H. RICHARDS, II COUNCILMEMBER CITY MANAGER RALPH W. DAVIS III CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER 2. ROLL CALL OF COUNCIL MEMBERS Louis Byrd Ramon Rodriguez Paul H. Richards, II Fernando Pedroza Arturo Reyes Ci?"Y Or LYI~'t'i'UC1L1 crz-~ ", ~~~s ~r; icE u--~ t ~ ~nr ~o CA 90262 -Ee-R., off' ~~~ ~~'~-. LOUIS BYRD COUNCILMEMBER RAMON RODRIGUEZ COUNCILMEMBER INTERIM CITY ATTORNEY MICHAEL B. MONTGOMERY 3. CERTIFICATION OF AGENDA POSTING BY CITY CLERK ,,~„~.. ~ PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIVE DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54950-54962, Part III, Paragraph 5.) DISCUSSION ITEMS 4. REVIEW OF AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THOMAS & ASSOCIATES TO ESTABLISH AND MANAGE A SOLID WASTE AND RECYCLING PROGRAM FOR THE CITY OF LYNWOOD Comments: Staff received request from the Interim City Attorney, Mike Montgomery, to place the Agreement between the City and Thomas and Associates on the agenda. Based on certain preliminary information received from the Interim City Attorney, the Agreement between the City of Lynwood and Thomas 8~ Associates to establish and manage a solid waste and recycling program for the City of Lynwood was not extended and the extension to Thomas and Associates has no underlying contract. Therefore there is no contract with either entity. The Interim City Attorney has also indicated of anon-performance and the City is in litigation with Thomas' former employer. According to the Interim City Attorney, several conflicts of interest exist. The Interim City attorney is recommending invalidating the contract, and is seeking instruction whether to seek to recover recent payments. Recommendation: Staff recommends for the City Council to take the following actions 1) Review the existing Agreement between the City and Thomas and Associates, including the services being provided under the Agreement and compensation for the services being rendered, 2) Ascertain from the Interim City Attomey of a course of action that would terminate the contract based on a finding from the Interim City Attorney that there may not be a valid contract outstanding, non-performance and conflicts of interest issues, 3) Ascertain from the Interim City Attorney of a course of action that would recover recent payments to Thomas & Associates; 4) Direct the Interim City Attorney to provide the City Council on the possible economic benefits and consequences of a decision to terminate the contract and to recover recent payments to Thomas & Associates, and 5) Provide staff directions as to this matter. ,~ ,..., 5. REVIEW OF AN AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYWNOOD, THE REDEVELOMENT AGENCY OF THE CITY OF LYNWOOD, AND JACKSON & ASSOCIATES Comments: Staff received a request from the Interim City Attorney, Mike Montgomery, to place the Agreement for Consulting Services By and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood and Jackson & Associates. On October 26, 2001, the City Council approved Resolution No. 2001-133: "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES." To implement the City Council policy, the City approved the following agreement entitled "Agreement for Consulting Services by and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood, and Jackson & Associates. Recommendation: Staff recommends for the City Council to take the following actions 1. Review the existing Agreement between the City 8~ Redevelopment Agency and Jackson & Associates, including the services being provided under the Agreement and compensation for the services being rendered, 2. Ascertain from the Interim City Attorney of a course of action that would terminate the contract based on findings from the Interim City Attorney. 3. Ascertain from the Interim City Attorney of a course of action that would recover recent payments from Jackson & Associates, 4. Direct the Interim City Attorney to provide the City Council on the possible economic benefits and consequences of a decision to terminate the contract and to recover recent payments to Jackson, and 5. Provide staff directions as to this matter. 6.. REVIEW OF THE EXCLUSIVE NEGOTIATING AGREEMENT (ENA) AND LEASE AGREEMENTS WITH REGENCY OUTDOOR ADVERTISING, INC. AND REVIEW GENERAL PLAN AMENDMENT NO. 2001-02 AND ZONE CHANGE NO. 2001-02. Comments: For the City Council to review and consider an Exclusive Negotiating Agreement (ENA), two (2) lease agreements with Regency Outdoor Advertising, Inc. and review General Plan Amendment No. 2001-02 and Zone Change No. 2001-02 pertaining to a project to install billboards. Recommendation: Staff respectfully recommends for the City Council to take the following actions: 1) Review the existing Exclusive Negotiating Agreement with Regency Outdoor Advertising, Inc.; and 2) Review the existing two (2) lease agreements with Regency Outdoor Advertising Inc.; and 3) Review General Plan Amendment No. 2001-02; and 4) Review Zone Change No. 2001-02: and 5) Ascertain from the Interim City Attorney his recommendation for a course of action that the ENA and the lease agreements with Regency Outdoor Advertising, Inc. be rescinded, and that General Plan Amendment No. 2001-02 and Zone Change No. 2001-02 also be rescinded, and direct the Interim City Attorney to prepare the necessary document(s) to rescind such agreements and land use actions if the City Council approves the proposed actions from the Interim City Attomey; and 6) Direct staff as to the City Council's policy actions on these matters. 7. Review of the Four-Year Tree Trimming Contract Comments: Staff received a request to place the Contract Agreement between the City and California Western Arborists, Inc. on the agenda for City Council's review. This contract was for the four-year cycle tree trimming citywide. Recommendation: It is recommended that the City Council review the Contract Agreement between the City and California Western Arborists, Inc. and provide staff with direction relative to this matter. 8. Review of the Lynwood Fixed Route Trolley Bus System and The Blue Line Shuttle Bus Contract Comments: Staff received a request to place the Contract Agreement between the City and Commuter Bus Lines on the agenda for City Council's review. This contract was for the operating of the Lynwood Fixed Route Trolley Bus System and the Blue Line Shuttle Bus. Recommendation: It is recommended that the City Council review the Contract Agreement between the City and Commuter Bus Lines and provide staff with direction relative to this matter. 9. REVIEW OF THE AGREEMENT BETWEEN PATRICIA SHIELDS AND THE CITY OF LYNWOOD DATED OCTOBER 1, 2001 TO PERFORM PROFESSIONAL CONSULTING SERVICES IN THE ADMINISTRATION AND IMPLEMENTATION OF THE CITY'S DAYCARE DEVELOPMENT PROJECT. Comments: The new Interim City Attorney, Mike Montgomery, is in the process of reviewing many of the City's agreements and has .requested the subject agreement be agendized for discussion and review. Recommendation: Staff recommends that the City Council review the attached contract and direct staff concerning the continuation, expansion, reduction or termination of the services outlined. 10. REVIEW OF AGREEMENT BETWEEN THE CITY OF LYNWOOD (THE "CITY") AND ALLIED GOVERNMENTAL SERVICES ("AGS") Comments: The City is in the process of reviewing many of the City agreements. Staff received request to review the contract between the City and AGS for City Council review and discussion. Recommendation: Staff respectfully requests that after consideration the City Council review the attached Contract Services Agreement and direct accordingly relative to expansion of duties, continuation, reduction of scope or termination. 11. ACTION ITEM REGARDING SUSPENSION/REVOCATION OF SPECIAL PERMIT NOS. 008442 AND 008444, EL FARALLON DANCE HALL AND LIVE ENTERTAINMENT, 3551 MARTIN LUTHER KING JR. BOULEVARD Comments: Pursuant to Lynwood Municipal Code, Chapter 4-9 for the City Council action regarding the City Manager's decision to suspend/revoke special permits 008442 and 008444 for the EI Farallon Dance Hall and Live Entertainment, located at 3551 Martin Luther King Jr. Boulevard in the CB-1 (Controlled Business) zone. Recommendation: Staff respectfully recommends that the City Council discuss the item, accept any public oral and/or written testimony, choose one (1) of the options identified below, and direct staff. 1) Determine that the special permits were issued in error and/or improperly obtained in violation of the Lynwood Municipal Code, revoke special permits 008442 and 008442 and 00844 for dance hall and live entertainment. 2) Grant permanent approval of special permits 008442 and 00844 and determine that EI Farallon has nonconforming status to continue operation of a dance hall and live entertainment. 3) Grant temporary approval of special permits 00842 and 008444 and require EI Farallon to submit another Conditional Use Permit and Zone Change application in order to legalize the existing business activities and remove nonconforming uses. 4) Grant temporary approval of special permit 008442 and 008444 and direct staff to draft a Zoning Ordinance Amendment to permit dance halls, live entertainment, etc. in the CB-1 (Controlled Business) zone as either a permitted use, site plan review, or conditional use permit. 5) Continue the item to a future meeting of the Lynwood City Council CLOSED SESSION 12. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL (INTERIM CITY ATTORNEY)- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Number of Cases: seven (7) cases B. CONFERENCE WITH LEGAL COUNSEL (INTERIM DEPUTY CITY ATTORNEY) - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Number of Cases: One (1) case C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL (INTERIM CITY ATTORNEY) - EXISTING LITIGATIONS (Subdivision (a) of Section 54956.9) 1. Name of Case: City of Lynwood v. Waste Management a Division of USA Waste Case No. tc013503 2. Name of Case: Kaur v. City of Lynwood Case No. tc014815 3. Name of Case: Phillips Pertroleum Co. et al v. County of Los Angeles et al Case No. cv00-1917mrp (manx) 4. Name of Case: Shell Chemical Co. et al v. County of Los Angeles Case No. cv00-1938mrp (manx) 5. Name of Case: California Department of Toxic Substances Control et al v. Commercial Realty Project et al Case No. 01-55633 6. Name of Case: Miguel Figueroa v. City of Lynwood Case No. bc238395 7. Name of Case: Guetierrez v. City of Lynwood Case No. sc064052 8. Name of Case: Firschein et al v. City of Lynwood Case No. tc014754 9. Name of Case: Firschein et al v. City of Lynwood Case No. sc064052 D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL (INTERIM DEPUTY CITY ATTORNEY}- EXISTING LITIGATIONS (Subdivision {a) of Section 54956.9) 1. Name of Case: Lynwood Unified School District v. Redevelopment Agency of the City of Lynwood Case No. APN 6177 001 901 2. Name of Case: Bulletin Displays, LLC v. City of Lynwood, et al. Case No. BC259249 3. Name of Case: Bulletin Displays, LLC v. City of Lynwood, et al. Case No. BC254683 4. Name of Case: Bulletin Displays, LLC v. City of Lynwood, et al Case No. BS071876 E. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT - Title: Designation of Acting City Manager ADJOURNMENT MOTION TO ADJOURN TO A REGULAR MEETING TO BE HELD ON DECEMBER 18, 2001 AT 6:00 P.M. IN COUNCIL CHAMBER ROOM, CITY HALL, CITY OF LYNWOOD, CALIFORNIA. DATE: December 13, 2001 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis III, City Manager SUBJECT: REVIEW OF AN AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYWNOOD, THE REDEVELOMENT AGENCY OF THE CITY OF LYNWOOD, AND JACKSON & ASSOCIATES BACKGROUND: Staff received a request from the Interim City Attorney, Mike Montgomery, to place the Agreement for Consulting Services By and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood and Jackson & Associates. Staff is attaching the staff reports, minutes, and agreements relating to Jackson 8~ Associates for the City Council's review: ^ On October 22, 1999 the City approved a Resolution NO. 99-198 "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH MR. BEVAN THOMAS." ^ Implementing City Council's policy, the City entered into an Agreement entitled "Agreement for Consultant Services Nuisance Abatement" for a term of October 25, 199 through November 1, 2001 with Mr. Bevan Thomas. ^ On August 23, 2001, Thomas & Associates proposed to undertake efforts to significantly improve its solid waste management operations by bringing them under direct control and provided his proposed amended and Supplemental Services agreement for approval by the City Council. ^ On October 26, 2001, the City Council approved Resolution No. 2001-133: "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES." • The City approved the following agreement entitled "Agreement for Consulting Services by and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood, and Jackson & Associates. RECOMMENDATION: Staff recommends for the City Council to take the following actions 1. Review the existing Agreement between the City & Redevelopment Agency and Jackson 8~ Associates, including the services being provided under the Agreement and compensation for the services being rendered, 2. Ascertain from the Interim City Attorney of a course of action that would terminate the contract based on findings from the Interim City Attorney. 3. Ascertain from the Interim City Attorney of a course of action that would recover recent payments from Jackson & Associates, 4. Direct the Interim City Attorney to provide the City Council on the possible economic benefits and consequences of a decision to terminate the contract and to recover recent payments to Jackson, and 5. Provide staff directions as to this matter. contract. Therefore, there is no contract with either entity. He had also indicated other grounds are that there is non-performance and the City is in litigation with Mr. Thomas' previous employer and therefore he has a conflict of interest. The Interim City Attorney is recommending to terminate the contract for, in addition to the fact that there is no valid contract outstanding, non-performance, and conflict of interest. The Interim City Attorney is seeking direction to recover recent payments made to Thomas and Associates. RECOMMENDATION: Staff recommends for the City Council to take the following actions 1. Review the existing Agreement between the City and Thomas and Associates, including the services being provided under the Agreement and compensation for the services being rendered, 2. Ascertain from the Interim City Attorney of a course of action that would terminate the contract based on a finding from the Interim City Attorney that there may not be a valid contract outstanding, non-performance and conflict of interest issue, 3. Ascertain from the Interim City Attorney of a course of action that would recover recent payments to Thomas 8 Associates; 4. Direct the Interim City Attorney to provide the City Council on the possible economic benefits and consequences of a decision to terminate the contract and to recover recent payments to Thomas & Associates, and 5. Provide staff directions as to this matter. --,. LYNWOOD CITY COUNCIL SPECIAL MEETING SEPTEMBER 6, 2001 The City Council of the City of Lynwood met in a Special Meeting at 11330 Bulli Road on the above date at 4:30 p.m. s Mayor Richards presiding. Councilmen Reyes, Sanchez and Richards answered the joint roll call for all agencies. Councilman Byrd and Rea were absent. Also present were City Manager Davis, City Attorney Thever, Cit Clerk H and City Treasurer Pygatt. Y ooper, City Clerk Hooper announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE It was moved by Councilman Reyes, seconded by Mayor Pro Tem Sanchez to recess for thirty (30) minutes. Councilman Rea arrived at 4:55 p.m. Council reconvened at 5:00 p.m. PUBLIC ORALS COMMUNICATIONS Item #4: UPDATE ON THE NATATORIUM REHABILITATION PROJECT Yadi Farhadi gave the City Council an update on the Natatorium Rehabilitation Project, also stated to expedite the completion of this project, staff recommends an appropriation of additional funds of $150,000.00, and can be utilized from the Park Bond Per Capita Grant. Also stated that the Natatorium Rehab Project will be completed by October 15, 2001, and the Grand Opening is schedule to b held on October 27, 2001, e Councilman Byrd arrived at 5:30 p.m. It was moved by Councilman Rea, seconded by Mayor Pro Tem Sanche appropriate an additional $200,000.00 from the Park Bond Per Capita Grant fo~ the completion of the Natatorium Rehab Project. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RlCHARDS NOES: NONE ABSTAIN: NONE SUBSEQUENT NEED ITEM: It was moved by Councilman Reyes, seconded by Councilman Byrd and ca to hear the Subsequent Need Item in a Joint Closed Session. rued • Century Sheriffs Station --; ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE CLOSED SESSION Item #6: Closed Session With respect to every item of business to be discussed in Closed Session Pursuant to Section 54956.9: A -CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION B - LYNWOOD vs. WASTE MANAGEMENT INC. C -CITY OF LYNWOOD vs. CAL TRANS It was moved by Councilman Reyes, seconded by Councilman Byrd and carried to recess to Joint Closed Session at 5:40 p.m. Council reconvened at 7:10 p.m. City Attorney stated Council met on the aforementioned matters and stated on: A - No reportable action B - No reportable action C -Bring Back Item #5: SUPPLEMENT NUISANCE ABATEMENT, RECYCLING AND REFUSE SERVICE MANAGEMENT Councilman Reyes stated he does not agree with the extension of the Thomas and Associates Contract, stated he has never seen the contract and would like to see the contract and review it first before making any decisions. Councilman Rea stated he would also like to wait and review all documents before making any decision. Mayor Richards stated he is satisfied with the Thomas and Associates Contract and he would like to extend the contract. It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez to extend and amend The Thomas and Associates Contract with negotiations and terms only. ROLL CALL: AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: REA, REYES ABSTAIN: NONE Mayor Pro Tem Sanchez left at 7:30 p.m. ADJOURNMENT Having no further discussion, it was moved by Councilman Byrd, seconded b Councilman Reyes and carried to ad~ourn the meetin at 7:35 y ~ 9 p.m. Paul H. Richards, II, Mayor Andrea L. Hooper, City Clerk e ce ,~'~ .. tai ~ Cjty of Lynwood Ra~p~ IN, pa Agreement for Consultant Servic ~'fS' Nuisance ~~ ~~~ @I' Abatement 9 This agreement entered into this 22^d between the City of Lynwood and (hereianaffer eferred tog s9;, ~s made by and Thomas, (hereinafter referred to as "Consultant"). City) and Bevan In consideration of the promises and mutual agreements hereinaft City and Consultant agree as follows: er contained, SER___ VICES As directed by the City Mana er, independent inspection of all areas of the Cit Cincludant shall conduct to, right of ways, parks; lots, alleys, and vacant propertiesg Consult t I~mited assess conditions and prepare reports concernin ant shall inspected. Consultant shall make recommendations saes to nd areas adverse conditions can be abated or mitigated. If a how any Manager or his designee, Consultant may undertakep tepsa o tithe City mitigate said adverse condition. bate or II. TERM OF AGREEMENT The term of this agreement shall commence effective October 1999 and extend through November 1, 2p01. 25. 111• PAYMENT FOR SERVICES Parties agree that Consultant shall be cam of $5,000 per month for inspection and reportinge ervicesat ~ base rote Consultant shall be compensated for an addition, abatement and mitigation work authorized by the City Managerdor'h s designee. T Manager hereby is authorized to a he City mitigation work b Pprove additional abatement and Y consultant in an amount not exceeding $5,000 per calendar week. IV. TERMINATION It Consultant refuses or fails to perform under the terms of th~ agreement, or if he violates the law, ordinances, rules, regulations orders of an is Y public authority having jurisdiction, or otherwise is guilty of ar substantial violation of a provision of this agreement, then the Cit without prejudice to any right or remedy and after giving the Co Y may, thirty (30) day notice, terminate employment of Consultant. nsulfant shall be given a reasonable o Consultant with services under this agreement during sa d thiany problems associated rtY (30) day period. v VI. CONSULTANT NOT AN EMPLOYEE OF CITY It is expressly understood and agreed by both parties hereto that the Consultant, while engaged in carrying out and complying with a terms and conditions of this contract, is an independent contractor a ny not an officer, agent or employee of the City. nd EXPEXP=NSES Consultant shall be responsible for all costs and expenses of services rendered to the City, including, all costs of equipment provide b contractor, all fees, fines, licenses, bonds or taxes required or imposed against Consultant. City shall be responsible for Payment or reimbursement of related expenses related to the pertormance of dull under this agreement. The City shall reimburse the Contractor for all wor s authorized by the City Manager or his designee. An such a k reimbursements shall be in accordance with laws and policies yo errs or the City, 9 rng IN WITNESS WHEREOF, the parties to this agreement have hereun caused the some to be executed the day and year written below. to CITY OF LYNWOOD By ~.. Ralph W. Davis, III City Manager Date OctoberL5 1999 CONS TANT ay G..., Be an Thomas Date_October 2 1999 034-42-8900 Consultant Employer I.D. Number or Social Security Number • ~ °' - ., ..... RESOLUTIOII N0. 99.178 A RESOLUTION OF THE CITY OF LYNWOOD OF THE CITY OF LYNWOpp gUTHORI2ING PROFESSIONAL SERVICES AGREEMENT WITH MR. BEVAN THOMAS WHEREAS, of the 5,000 complaints a year that the City receives over 800 relates to code violations; and WHEREAS, HUD foreclosed homes in Lynwood is estimated to be over 50• and WHEREAS, the City current does not adequately address commercial nuisance abatement; and WHEREAS, the City has been,generally reactive in addressing nuisances in the City; and WHEREAS, there are numerous code violations in the City that remain unreported and a proactive inspection program is needed; and WHEREAS, unabated nuisances pose a threat to Lynwood's quality of life' economic vitality and safety; NOW, THEREFORE, the City Council of the City of Lynwood does hereb find proclaim, order and resolve as follows: y , SECTION 1. That the City Council approves an Agreement, attached hereto as Exhibit A, with Mr. Bevan Thomas #o conduct city wide inspection services and con necessary abatement mitigation under the direction of the City Manager or his designee SECTION 2. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 22nd day of October 1999 . ~~-~- SANCHEZ, MA City of Lynwood EST: Andrea L. Hooper, City Jerk _ City of Lynwood APP VEDAS TO CONTENT: Ral .Davis City Manager APPROVED AS TO FORM: G~Gc, C~ Attorney ' ' ' ti '~ '~-^ .^~. STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELES ~ ss I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hatl of said ~ City on the day 1999, and passed by the following vote: . AYES: COUNCILMEN BYRD, RICHARDS, SANCHEZ NOES: NONE ABSENT: COUNCILMEN REA, REYES City Clerk, City of Lyn ood STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELES ~ ss. i, the undersigned City Clerk of the City of Lynwood, and Clerk of the City council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. 99.178 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 22nd day of October 1999 ~~ ~o~ ~ City Clerk, City of Lynwood i ... .:~ i i h:\wordfileltrancntr\agea~~b567.doch:lwordfile\traztcntr~g~~~b567.doc ci r ~ n~ Thomas & Associates PO Box 4651 Cerritos, CA 90703 - Municipa! Wase Management0l-Fx. (714) 774_0300 August 23, 2001 Mr. Ralph W. Davis, III, City Manager City of Lynwood 11330 Bullis Rd. Lynwood, CA 90262 Dear Mr. Davis, My professional relationship with the City of Lynwood s pans nearly twenty years. For over a decade I was the principal services representative for the City's contract waste hauler. O years, my own company has provided supplemental professional services related to nuisance a clean-up operations. I have learned much about the City and the needs of its man resid ver the past two businesses. It is my hope that the City will continue its relationship with my com an - batement and exciting new role. Y ents and P y m an expanded and I am proposing that the City undertake efforts to significantl operations by bringing them under direct control. I have engaged a team of professionals wit and ability to assist in this pursuit and that of generating substantial Y prove its solid waste management of Lynwood. Clearly, the Ci 1y greater levels of revenue for thelCity res and too n' and its leaders have already been placed in the position where they must economically. p growing concern and controversy. Yet, in spite of the City's profound role, it has not b enefited In 1978, the City of Lynwood entered into an exclusive aQ « breement ( Agreement") with CV Disposal Services, Inc. to provide solid waste collection services. Western Waste Indu purchased this company and took over the existing contract. In 1996, Western Waste Indu with USA Waste. In 1998, USA Waste merged with Waste Management, Inc. and is d stries, Inc. Waste Management, Inc. stries merged long as both parties a reed. y b business as The agreement provided for afive-year "evergreen" extensionlof the contract as g The L nwood City Council exercised the o tion not to extend the Ao in December 1997. The contract is set to expire before Janua p ~reement ry I, 2003. The City is now engaged in major litigation resulting haulers. I am recommending that the Ci b from its relationship with the contract refuse amend my existing agreement to include the p ovi~ on of solid waste managementu eder direct control and C~tY• I have attached a copy of my proposed amended and Supplemental Services a and approval. vices on behalf of the greement for reference If you have any questions or comments, please feel free to contact me any time at 3 ' forward to the City's affirmative response and continued workm~ relati ( 10) 880-7301. I look b onship. S' cere] B omas PresidenUCEO Y, ~~ jL~ an Th ~ t City of Lynwood Supplemental Services Agreement for Solid Waste and Recycling Management This management agreement is entered into by and between the City of L nwood (hereinafter "City") and Thomas and Associates (hereinafter "Com an " y following facts: P y) with reference to the Whereas, in December, 1999, the City exercised its option not to extend its a ree contract waste and recycling services; and' $ ment for Whereas, the City now desires to better serve the residents of Lynwood by rovid' own waste and recycling program; and, P ing, its Whereas, Company has assembled a team of professionals with the necessa to establish and manage a solid waste and recycling program and is a necessa compelling element of this agreement; and, ~' experience ry and Whereas, City desires Company to establish and manage a solid waste and rec program on irs behalf; ycling Nov, therefore, City and Company agree as follows: SECTION B. DEFINITIONS A• ACT or `CAB 939" means the California Integrated Waste ManaQ codified in part at Public resources Code 40,000 et. Se . time and as implemented by the regulations of the California late ated Bement Act of 1989, q , as it may be amended from time to Board, or its successor. ~' Waste Management B• `Bulk}' Goods" means lar e mattresses, white goods, oversized yarddwastelsu~hsas~reeatrun~ks and azrn~ture, carpets, than rivo feet (2') in diameter and four feet (4') in length and similar IarQ Residential service recipients. ~e branches if no longer ~e items discarded by C• "Commercial Premises" means all premises in the Ci ty, other than Single Family Residences and Multi-Family Residences, where Commercial Solid Waste are accumulated. The term "Commercial Premises" includes, but is not limited to, stores• federal, state, coup generated or district offices, special didstr~ tsland water distnctst(to~the e x~n ~ offices; rooming houses; hotels; motels; manufacturin g' but not limited to, schools, hospitals; clinics; and convalescent centers and nursin tent authorized by law); restaurants; g, processing, or assembly shops or plants; include Single Family Residences. g homes (non-medical waste ), but does not D• "Commercial Solid Waste" Recyclable Solid Waste, but not Hazardous Wa~e or medi al~waste,gener to at Commercial Premises. ~ green Waste and d or accumulated t t E• "Construction and Demolition Waste" means discarded buildin construction and demolition materials, wood acka m and rubble resulting from construction, remodeling, repair and demolit' g materials, recyclable ' g g, plaster, rock or brick, drywall, cement ion operations. F• "Green Waste" or `Yard Waste" grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens and inci scrap Lumber, separated from other forms of Residential Solid Waste. „ . Holiday Trees but does not include stumps or branches exceedin four • dental pieces of four feet (4') in length, or yucca or palm fronds (which are n "Green Waste includes other material for which Company determines that no mazket esu table for com4ost ndiameter or xists, p g)• Or any G• "Gross Waste Containers" City, for the temporary accumulation o Green tW ste ~ marked with tags or labels provided by H• "Gross Revenues" means any and al! revenue or compensation in an Company and/or City from the collection and transportation of Commercial Waste and Rec clin Y form generated by Y g pursuant to this Agreement, in accordance with Generally Acceptedolid Accounting Principles, including, but not limited to, monthly customer fees all other fees for collection of Commercial/Residential Solid Waste and Re subtracting and cost of doing business. ~ bin rental fees, and cycling, without I• "Hazardous Waste" means any substance• waste or mixture of wastes defined as a "Hazardous Substance" or "I-hazardous Waste" Recovery Act ("RCRA" pursuant to the Resource Conversation and Compensation and Liabili 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response to either of them, or as definedcby the C Iiforn~ is I egrated6Waste e q., and all future amendments consumer products with the characteristics of a Hazardous Substance. Where there is in the definitions employed b Management Board, and any waste, the term "Hazardous Waste" shall be constructed tohave the ton over hazardous os solid definition. broader more encompassing J• Household Hazardous Waste Element means the element required by Assembly Bilt 9; 9, the California Integrated Wa(s e 11~ianagement Act of 19 mandating that every Cit}, and County plan for the proper management of haZ (AB 939), are generated by households. ardous wastes that K• "Recyclable Material" Lynwood Municipal Code or this~A reementmodity defined as "Rec clable the residential waste stream, loses its character as a Recyclable Ma y Material by the g A Recyclable Material, which is discarded into Residential Solid V4'aste. teriaJ and becomes L• "Recyclable Solid Waste" Waste stream. y means recyclable items discarded il~to the Residential Solid Rec clable Solid Waste" is a part of the Residential Solid Waste strea the date of execution of this Agreement, Recyclable Solid Waste include the following: m• As of s, but is not limited to 2 M• "Residential Solid W~te+~ products with the characteristics of Hazardous Waste whi h may be folun lna in the Residential Solid Waste stream, including Green Waste and b any household placed for collection by service recipients, which on inates fr d to have been placed Multi-Family Residences within the City, which is to b Recyclable Solid Wastes, "Residential Solid Waste" does not include solid ~, g om Single Family Residence and motels, nursing homes or convalescent centers a collected pursuant to this Agreement. aste generated or accumulated at hotels, institutions. ,barracks, dormitories or other similar places or N• "Residential Solid Waste Container" means solid waste containers o hundred and ten (1 I 0) gallons capacity, (or smaller containers for residents wh containers) provided and delivered to residential service recipients b f about one "Residential Solid Waste Containers" does not include o request smaller used by commercial and other nonresidential service reci lent y City. The term "Multi-Family Commercial Bins" or Bins Containers provided by City shall remain in City. p s• Title to Residential Solid Waste 0• Source Reduction and Recycling Element (S.R.R.E. Assembly Bi11 939, the California Integrated Waste Management Act of 1989 mandating that each jurisdiction will meet the mandat ~ means the element required by of 25% by l 995 and 50% by 2000. °ry «'aste diversion goalssB bythe state SEC- TIN C• TERMS 1• Management Services. Company shall provide Ci with serv and manage a municipal automated residential and commercial solid wastet~ojstablish and recycling program. lection A• Establishing Program. Com an w estimates for establishing and maintainirig a municipal automated residential an commercial waste collection ro r ~' With financial cost previous] p gam to provide services comparable to serviced y provided by outside contracted service providers and an automated collection of residential recycled materials to be collected on the same da as collected. Company will assist City in maximizing the use of existing City e equipment and facilities to implement the program. Company will rovidy waste is recommendations to City for site improvement and or acquisition for the fap• rsonnel, park and maintain the vehicles used in the municipal waste and recp e appropriate containers and vehicles to be utilized in the program and ~l~ty to ycling programs, information regarding available prices and financing terms. Compan will with information regarding the number, job description and duties providing necessary to operate the program and will assist Ci y Provide City Company will schedule router for drivers for the collectio of employees ty in hiring those employees. n of waste and recyclable materials from residential sources and waste from commercial sources. Com a assist the City to develop public educational materials on recycling and the a system collection of residential waste and rec clinU p ciy will City to provide education and training of emp oyees of the avaste anda ec u1omated program, including drivers and office employees. Education and , p y will assist the will include review of Federal, State, Coun Ycling ty and Local regulations for~safe employees OSHA). Company will audit existing customer lists. Company will sue of containers for residential waste and recycling and commercial was ty (e g P rvise delivery to collection. B• Managing program, Company will manage the day-to-day o eratio of the municipal automated residential and commercial solid waste, on call residential bulky waste and recyclin r p ns personnel to manage the operation of the programo oP 1 mit dltor bua npludensional disposal and management of solid waste, green waste and holiday tree collection. Company will supervise City employees directly involved in the collection g proper residential and commercial waste and recyclable materials e, of drivers and office personnel), Company will desi ( g• dispatch operator, programs for residential rec clip p Y ~ manage and update educational Y g. Com an will supervise customer service for the residential and commercial solid waste and recycling pro ram. g Company will supervise the maintenance of all vehicles utilized in the waste and recyclin r for the City. Company will assist City in planning new waste and rec ciin for the Ci p Y g P ogram ty. Com an will assist City in implementing a recycling program for Cass departments, which will include the research and development of a commercial recycling program for the Ci City's Source Reduction and Recyclipg E)emrent (SLR.R,E.) and ]Hrequirements of the Hazardous Waste Element (H.H.W.E_) and to develop new requirements~las neede. in order to cause the City to be in compliance with AB 939. Company shall utili d best efforts in ensuring that the City maintains an economically feasible solid w management and recyclin r ze its designee. g p °~~• Company shall report to the Ci aste ty Manager or his ~• Monthly fee and incentive Compensation. Ci Percent (7.0%) of current Gross Revenues from the SolidsWaste and Repyc in agreement per month from September ] 0, 200] until the c p y Com an Seven residential service schedule to begin January O1, 2003. Effective Ja uant O1 g City shall increase payment to Company to Ten Percent (10.0%) of Gross Revenues from the new Solid Waste and Recyclin Rey, ry ~ 2003, increase in fees until the residential and gommerceal prolgram.be€e~eAll 1 abe no p yment by the City shall be made on the ] 5` day of each month. Company estimates that the Ci should have net annual income of not less than Ten Percent (10.0%) of the total amount collected after expenses for the planned municipal waste and rec clip ty services. In the event Gross Revenues exceed expenses by more than Ten Per ent (1 U.0%), City shall pay Company Ten Percent (10.0%) of the excess Revenues ab said estimate. ove 3• Terms. The term of this agreement shall be Ten (10) years from Se to 2001 to September 9, 20 ] 1. p tuber ] 0, 4• Change in Operation. In the event that tl~e City determines that it no lon desires to operate a waste and recyclin waste/recycling industry or the City belgieves it an no ongerprovidera d in the ger economically feasible waste and recycling program due to factors including, but not limited to, the closure of the Puente Hills Land Fill, increase in t~ inQ f in recyclable revenues, the need for the City to utilize the locatio pof the wastde crease recycling facility for other municipal purposes, the need to purchase additional and vehicles or equipment or the increased fees necessary to provide the services to residential and commercial users, then Company shall have the first option of diree providing the residential and commercial solid waste and recycling services for Cictly for a term to be negotiated but, not more than the remaining term of this a reem $ enty 4 subject to its provisions and any other terms or conditioned that shall be ne good faith by both parties in exchange for the exercise of the option by Com gotiated in pany. 5• Hazardous Waste Inspection and Reportin Company has the responsibility to supervise and trains ff tos tro euty to inspect, and Commercial/Residential Solid Waste put out for collection and toPe~ Inspects CommerciaVResidential Solid Waste observed to be contaminated with Haza Waste. Should Company find, observe or become aware of reportable uant' ' Hazardous Waste put out for collection with Commerc~al/Residenti rdous Company shalt notify the Ci q ales of may meet its du tY and direct and assist the Ci al Solid Waste, ty to notify all agencies with jurisdiction, includ nog s so that the City ° the California Department of Toxic Substances Control and local emergency response rov' and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed in residential solid waste observe p iders anywhere within the City. In addition to other required notifications, if Com an observes any substances which it or its employees reasonabl b d or collected contain Hazardous Wastes unlawfully disposed of or released on any Ci ro Y including storm drains, streets or other public ri hts of Y el~eve or suspect to City Manager, or the Ci ~ g ~'aY, Company shalpt notify the ty Manager s designee immediately. 6• Hazardous Waste Diversion Records. showing the types and quantities, if an Company shall maintain records and Residential Solid Waste and which was inadvertently colleted from se mercial recipients within the City, but diverted from Land filling. rv~ce 7• CERCLA Defense Records. Company shall maintain data retention and preservation systems, which shall be adequate to enable City to establish where solid waste collected in the City was land filed (and therefore establish where it was not land filled). 8. Compliance. Company is charged with the responsibility of ensurin th City is in compliance with ail the applicable laws, including ' regulations and elements, as the g at the y, from time to time ° implementing including, but not limited too the provisions of the lawsagover to ng ahe a ecifically transport, recycling and disposal of Commercial/Residential Solid VVa the California Integrated Waste Management Act of 1989, codified in collection, Resources Code ste, including ("RCRA" §§40,000 et. Seq., the Resource Conservation and Recc eat Public 42 U.S.C. §§ 690] et seq. And the Comprehensive Environment jAct Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. secti - s~ on 9601 et 9• General Provisions. 9.1 Attorney's Fees. If a a lawsuit, arbitration or other legal proceediny commences or is made a party to a interpret this agreement, or to obtain a declarat on of right punderdthis a r prevailing pa g") to enforce or rty in such proceeding shall be entitled to recover from the other pa' the reasonable attorneys' fee and costs incurred with such proceeding, includin wit limitation any appeal or enforcement of an ud ~ proceeding. Y.1 gment or order rendered in g ch h°ut 1d• Notices. All notices, request, demands and other communication u nder this agreement shall be writing and shall be deemed duly given (i) on the date of delive personally delivered, (ii) one business day after delive ("') rY by overnight courier, facsimile or telegram, or ~i~ three business days after mailing if mailed first-class ry'f prepaid, to the parties at their regular business addresses or such address desi n time to time in writin b mail, postage g y such party to all other parties. gated from 11. Amendments and Waiver. agreement signed by all parties to thi agreement n blamer of an ended onl b agreement shall not be deemed or constitute a waiver of any other provisio y y a written such waiver constitute a continuing waiver. y Provision of this ns, nor shall 12. Successors and Assigns. This Agreement shat! be bindin u the benefit of the parties and their respective heirs, beneficiaries, legal re re successors and assigns, g pon and insure to p sentatives, 13• Counterparts. This agreement may be executed in an all of whom together shall constitute a bindin a reement shall be deemed an original instrument. y number of counterparts, g g ,and each such counterpart 14. Governing Law and Severabili construed under the laws of the State of aliforn1ia, without regard to its co principles. If an governed by and y provision of this agreement is invalid or unenforceable, uclh p ovisaon shall (i) be modified to the minimum extent necessary to render it valid and or (ii) if it cannot be so modified, be deemed not to be a part of this aQ enforceable, not affect the validity or enforceability of the remainin breement and shall g provisions. 1~• Entire Agreement. This agreement constitutes the entire agreement parties with respect to the subject matter set forth herein and supersedes all rev' and written agreements, communications, representations or commitm between the P sous oral I6 ents. Further Instruments. The parties agree that they will execute such othe further documents that are or may become necessa consummate the transaction contemplated by this agreement enient to car rand ry out and 17• Time. Time is of the essence under this agreement. 18• Authority to sign. Each person si nin this a~ g g breement hereby represents and warrants that they have the authority to do so and that this agreement binds tl~e corporation or city for which they are signing this agreement. 19. Relationship of Parties. The Ci perform the services required in this Agreement as an nndependen~t c noract n City and not as an officer or employee of Ci p P y shall or engaged by ity. ty nor as a artner of or joint venture with 20• Business License. Com an order to conduct business in the Ci y shall be required to obtain a business license in ty of Lynwood. 6 21. Reports. Company shall submit to the City such information or re forms and at such times as the City reasonably may request or require, inclu ' limited to the following, submitted not less often than as indicated a Ports in such the month of April 2003 following the implementation of the r ding, but not nd beginning with p ogram: 1• Monthly Reports. Monthly Reports shall be submitted to Ci in a format acceptable to City, including by disc or as an attachmentyto e- mail, at City's option, ifrequested by City. The monthly report shall show the number of tons collected and the tonna e delivered to disposal facilities, itemized by disposal facili with a co g py of the customer complaint Iog shall be submitted with the mo dthly report, ifrequested by City, 2• Quarterly Reports. In addition to providin a the monthly reports, Quarterly Reports shall ~ clude thelfollow ng of a. Recyclable Solid Wastes ~ I) A statement showing, by type of material, tons received during the month and tons marketed during the month. ~2) A report providing recycling information and the number of Residential service recipients participating. ~3) A narrative description of problems encountered and actions taken. This is to include a description of tons rejected for sale, if any, after processing (type of material, tonnage), reason for rejection and Company's disposal method for the rejected material. ~4) A report of recycling program promotional activities, including materials distributed by City to its service recipients. Hazardous Waste Diversion Re orts: A copy or summary of the records required by SECTION 8 above. c• Cert_ 'f_ ~ca_ tion~ Company shall provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. 3• Failure to Report, The refusal or intentional failure of Com an t any required reports, or to provide required information to Cip y ° file inclusion of any materially false or misleading statement or ~' or the representation by Company in such report shall be available to the City under the Agreement. (, ' ~ I ,~~ ^./~ 22. Assignment. The peg-f'o~~ce of this contract shall not be subleased assi hypothecated or sold by Company. Any attempt to sublet, assi geed, this contract or any interest in it without the written approval of he City shall be dee 1 void. med 23. Reporting Adverse Matters. Company shall provide City three co ies one each to the City Manager, the Finance Director and the City Attorney) of al]pre orts pleadings, applications, notifications, Notice of Violation, communications or other material relating specifically to company's performance of services pursuant to this' Agreement, submitted by Company to, or received by Company from, the United Stat or California Environmental Protection Agency, the California Integrated Waste Management board, the Securities and Exchange Commission or any other Federal es or County agency, including any federal or state court. Copies shalt be submitted to Ci simultaneously with Company's filing or submission of such matters with sai 'State Company's routine correspondence to said agencies need not to be routineI subm' Ty to City, but shall be made available to City upon request. d agencies. Y ~tted 24. This Agreement is hereby approved with the understandin b specific provisions relating to the implementation of the refuse collection program and any other provisions deemed a ro riate and agreed u on b g Y both parties that within the next Sixty (60) days have yet to be finalized and, upon com le ' amendment, be attached hereto and incorporated herein b refer tY and Company p ton shalt, by Y ence as an exhibit. CITY OF LYNWOOD DATE: THOMAS AND ASSOCIATES DATE: RALPH W. DAVIS, III CITY MANAGER BEVAN THOMAS PRESIDENT/CEO .... ~, RESOLUTION N0. 2001.132 A RESOLUTION OF THE CITY COUNCIL OF AN AGREEMENT BETWEEN TIC CITY OF LYNWppD qMj PPROVING ASSOCIATES TO ESTABLISH AND THOMAS & RECYCLING PROGRAM FOR THE CI OF LYNWOOD ID WASTE AND WHEREAS, in December, 1997, the City exercised its option not to extend its agreement for contract waste and recycling services with Waste Management formerl ,_ Western/USA Waste Services Inc (the "Current Waste and Recycling Agreement" ,• Y WHEREAS, as of December 31, 2002 the current Waste and Re )'and expire; and cycling Agreement will WHEREAS, the City now desires to better serve the residents of Lynwood b its own waste and recycling program; and y providing WHEREAS, Thomas & Associates has assembled a team of professionals with necessary experience to establish and manage residential and commercial waste and recyclin programs; and g WHEREAS, City desires Thomas & Associates to establish and manage residential commercial waste and recycling program on its behalf. and NEREBYFINDTPRp LFORME,OthRDET~DpUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council approves the Agreement between Lynwood and Thomas & Associates to establish and manage a solid waste and rec clip of for the City of Lynwood. Y g program SECTION 2.That the City Council authorizes the Mayor to sign the Agreement between the City of Lynwood and Thomas & Associates to establish and manage a solid waste an recycling program for the City of Lynwood. d SECTION 3. That the City Council approves the a rp general fund to pay for these services and approves the a ropr ation~on future revenuesrreceaved from waste collection and recycling services. pp p pp p ed SECTION 4. That this resolution shall go into effect immediately upon adoption. PASSED APPROVED and ADOPTED this 26 ---- da of er~001. • RICHARDS, II, MAYOR City of Lynwood A ST: Andrea L. Hooper, Ci ~ City of Lynwood ty Cierk APPR ED AS TO CONTENT: Ralp W. a ' , Cih' Manger APPRO D TO FORM: an K. The er ity Attorney ;' ~ . STATE OF C~-IFORNIA COUNTY OF LOS ANGELES ss I, the undersigned, City Clerk of the City of Lynwood, do hereby certi th above and foregoing resolution was duly ado ted b ~ at the P y the City Council of said City at a regulaz meeting thereof held in the City Hall of said City on the day Oc tober 26 2001 and passed by the following Vote: AYES: COUNCILMEN BYRD, SANCHEZ, RICNARDS NOES: COUNCILMAN REYES ABSENT: COUNCILMAN REA ,~ r,(~ y ~ City Clerk, City of Lynwood --® STATE OF CALIFORNIA ~ COUNTY OF LOS ANGELES ~ ss I, the undersigned City Clerk of the City of Lynwood, and Clerk of the Ci Council of said City, do hereby certify that the above and for oin ~ g g is a full, true and correct copy of Resolution No. 2001.132 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 26 day of October , 2001 RESOLUTION N0. 2001.133 A RESOLUTION OF THE CITY OF LYNWOOD AUTHO THE MAYOR TO EXECUTE AN AGREEMENT gy qND RIZING THE CITY OF LYNWOOp~ THE REDEVELOPMENT AG AMONG THE CITY OF LYNWOOp qND JACKSON AND ASSOCNCY OF ATES WHEREAS, The City of Lynwood is a general law city locat County of Los Angeles, and organized and existing under an ed in the laws and constitution of the State of California; and d by virtue of the WHEREAS, The City and Agency receive several thousand year and approximately twenty percent of those complaints relate to c violations and there are numerous more violation that re complaints a ode proactive inspection program is needed; and main unreported and a WHEREAS, The City needs assistance to address abatement; and commercial nuisance WHEREAS, Consultant, has proved expertise in the areas of and mitigation, and we have seen an increase in the qualit of lif vitality and public safety as a result of the proactive abatement Y e, economic program. NOW THEREFORE, BE IT RESOLVED THAT THE CITY CO CITY OF LYNWOOD, STATE OF CALIFORNIA, DOES HERE IVCIL OF THE DECLARE, DETERMINE AND ORDER AS FOLLOWS; BY RESOLVE, Sect--1On ~ • That the City Council authorizes the Mayor to exe attached agreement. cute the Sect-~---10~? ?~ That this resolution shall take effect immediate) adoption. y upon its PASSED, APPROPED AND ADOPTED this 26~' d f October, 2001. PAUL H. RICHARDS, I , OR ATTEST: ANDREA L. HOOPER, CITY LERK APPROVED AS TO FORM: RAL , DA ~ II, CITY MANAGER C TTO STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. ~~ ` I, the undersigned, City Clerk of the City of Lynwood, do hereby certi that Resolution was passed and adopted by the City Council of the City of L nw ty the foregoing special meeting held on the 26`x' day of October, 2001 y ood at a AYES: NOES: ABSENT: ABSTAIN: COUNCILMEN BYRD, SANCNEZ, RICFIARDS COUNCILMAN REYES COUNCILMAN REA NONE ANDREA L. HOOPER, CITY CLE K STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. I, the undersigned, City Clerk of the City of Lynwood, do hereby certif that foregoing is a full, true and correct co y the above and py of Resolution No. 9nnt ~ ~o office and that said Resolution was adopted on the date and by the vote there' °n file in my in stated. Dated this 26"' day of October, 2001. ANDREA L. HOOPER, CITY CL RK LYNWOOD CITY COUNCIL MEETING SPECIAL MEETING OCTOBER 26, 2001 The City Council of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 12:48 p.m.. Mayor Richards presiding. Councilmember Byrd, Reyes, Sanchez and Richards answered the roll call. Also present were City Manager Davis, City Attorney Thever, and Assistant City Manager Hempe. Councilmember Rea was absent. City Clerk Hooper was absent. City Treasurer Pygatt was absent. Assistant City Manager Hempe announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS Agenda Items of Any Aforementioned Agencies NONE PUBLIC ORAL COMMUNICATIONS NONE Item # 4 APPROVAL OF CONTRACTUAL SERVICES AGREEMENT FOR THE GRAPHIC DESIGN SERVICES OF THE CITY'S MONTHLY NEWSLETTER LYNWOOD N' PERSPECTIVE It was moved by Councilmember Byrd, seconded by Mayor Pro Tem Sanchez and carried to adopt: RESOLUTION NO. 2001.131 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND BRENDA J. PETERSON & ASSOCIATES FOR GRAPHIC DESIGN/LAYOUT SERVICES" ROLL CALL: AYES: COUNCILMAN BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMAN REA Item #5 AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THOMAS & ASSOCIATES TO ESTABLISH AND MANAGE A SOLID WASTE AND RECYCLING PROGRAM FOR THE CITY Mayor Richards asked if this was the same item that was approved before. Councilmber Reyes raised questions regarding the compensation and the amount of gross revenues at the present time. City Manager Davis answered it is about $94,000 plus Mayor Richards stated that amount goes up compensation goes up and if the amount goes down compensation goes down. Mayor Richards asked the City Manager if City calculate percentage for more than twenty five years. Mayor Richards stated that Mr. Thomas has more than twenty years experience working with our former waste hauler, Western Waste, and the concept was to bring the services in-house to better serve the public. Councilmember asked the City Manager the amount of monies needed to get the program going. City Manager Davis said that the contract calls for an assessment Councilmember Byrd stated that if we make it a seven year contract would Councilmember Reyes be satisfied. Councilmember Reyes stated that we have no equipment and trucks, and that nothing is in place. Mayor Richards expressed to go over Councilmember Reyes' points. Mayor Richards explained that City purchased vehicles through a leasing program as a system of finance to pay for vehicles of a number of years to receive the vehicles as necessary. Mayor Richards asked if staff has found the refuse collection overly complex. Mayor Richards asked if the Consultant indicated with staff the prospect of the City generating a profit in connection with the conduct of these types of operation. Councilmember Reyes stated that it is hard to realize some kind of idea of a profit when the City does not know the expenses that will be incurred and also questioned the termination of the contract. City Attorney stated that the City Attorney looks at contracts at a legal point of view and the courts can uphold or overturn certain provisions of the contract. City Attorney stated that the City Council has the policy decision to approve the contract. It was moved by Councilmember Byrd, seconded by Mayor Pro Tem Sanchez and carried to adopt: RESOLUTION NO. 2001.132 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THOMAS ~ ASSOCIATES TO ESTABLISH AND MANAGE A SOLID WASTE AND RECYCLING PROGRAM FOR THE CITY OF LYNWOO" ROLL CALL: AYES: COUNCILMAN BYRD, SANCHEZ, RICHARDS NOES: REYES ABSTAIN: NONE ABSENT: COUNCILMAN REA Item # 6 MITIGATION SERVICES «... ,~.. Councilmember Reyes asked the City Manager the connection between Bevan Thomas and Jackson and Associates since they are using the same PO Box number. City Manager Davis stated that principal person for this contract is Laverne Jackson. Mayor Richards stated that contracts were originally connected and that the City Manager separated them out so that Council can have greater clarity. Councilmember Reyes stated that he needed clarification on the payment. Mayor Richards asked the City Manager if the City Manager has authority to authorize payment of $5,000 without a contract if he sees fit . The Mayor further stated that the City Manager did not need a contract and that the City Manager brought this contract to have the Council make a decision on what they want to get done. It was moved by Councilmember Byrd, seconded by Mayor Pro Tem Sanchez and carried to adopt: RESOLUTION NO. 2001.133 ENTITLED: "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES" ROLL CALL: AYES: COUNCILMAN BYRD, SANCHEZ, RICHARDS NOES: REYES ABSTAIN: NONE ABSENT: COUNCILMAN REA Item # 7 LYNWOOD CHAMBER OF COMMERCE AGREEMENT Councilmember Reyes stated that it is premature for the Chamber of Commerce to ask for an extension since the contract is not due until the next year. Councilmember Reyes stated that Chamber of Commerce should provide the Council an audit. Councilmember Reyes requested to extend the item until the Council receives an audit. Mayor Richards praised the Chamber of Commerce as the best around. It was moved by Mayor Pro Tem Sanchez and seconded by Councilmember Byrd and carried to adopt: RESOLUTION NO. 2001.134 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE FOR ADVERTISING AND PROMOTION SERVICES" ROLL CALL: AYES: COUNCILMAN BYRD, SANCHEZ, RICHARDS NOES: COUNCILMAN REYES ABSTAIN: NONE ABSENT: COUNCILMAN REA Item # 8 PUBLIC WARNING SYSTEM/SIREN .-. ,.~. Mayor Richards stated that he was in a meeting with Congresswoman McDonald along with other elected officials and public safety personnel regarding the status of public safety. Mayor Richards stated that Lynwood brought the idea of a siren to tune in to the media if something is going on. Mayor Richards stated that he would like staff to arrange for a demonstration. Councilmember Sanchez wanted a drill and stated that he has been approached by a principal from Roosevelt Elementary School who wants help from the City . Councilmember Reyes stated that the systems have to be in accord with South Gate and Compton since this might cause confusion and complaints. Mayor Richards stated that there was an agreement between the City officials and City Manager assembled at that meeting. It was moved by Mayor Richards to have staff start preparation for demonstration and prepare to move on acquisition in case it is feasible, and seconded by Councilmember Byrd. ROLL CALL: AYES: COUNCILMAN BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMAN REA SUBSEQUENT NEED ITEM URBAN RECREATIONAL AND CULTURAL CENTERS GRANT APPLICATION City Manager Davis asked for the Urban Recreational and Cultural Centers for Grant Application be added as a Subsequent Need Item. It was moved by Councilmember Reyes, seconded by Mayor Richards to hear the Subsequent Need Item: Urban Recreational and Cultural Centers Grant Application. ROLL CALL: AYES: COUNCILMAN BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Councilmember Reyes, seconded by Mayor Richards and carried to adopt: RESOLUTION NO. 2001.135 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLCIATION FOR GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS AND FACILITES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATGER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE LYNWOOD OUTDOOR PERFORMANCE ARENA" ROLL CALL: AYES: COUNCILMAN BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ~~ ~,, ABSENT: COUNCILMAN REA CLOSED SESSION Item # 9 Closed Session City Attorney Thever stated with respect to every item of business to be discussed in Closed Session to Section 54956.9: A. Public Employment -Title: City Manager B. Conference with Labor Negotiator C. Threat to Public Services or Facilities D. Conference with Legal Counsel -Anticipated Litigation It was moved by Councilmember Byrd seconded by Mayor Richards and carried to recess to Closed Session at 1:25 p.m. Council reconvened at 2:17 p.m. City Attorney Thever stated Council met on the aforementioned matters and stated on Item 9 (a) Contract with City Manager Approved at prior meeting. Council agreed to ratify Agreement the votes were 3 affirmative 1 negative; 9(b) Held over until the October 29th meeting; 9(c) No Reportable Action; 9(d) No Reportable Action. ADJOURNMENT Having no further discussion, it was moved by Mayor Richards, seconded by Councilman Byrd and carried to adjourn the meeting at 2:22 p.m. Paul H. Richards, Mayor Andrea L. Hooper, City Clerk LYNWOOD REDEVELOPMENT AGENCY SPECIAL MEETING OCTOBER 26, 2001 The Lynwood Redevelopment Agency of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 12:48 p.m.. Chairman Richards convened the Special Meeting of the Lynwood City Council, Lynwood Redevelopment Agency, Lynwood Information Inc., Lynwood Public Finance Authority, Chairman Richards presiding. Members Byrd, Reyes, Sanchez and Richards answered the roll call. Also present were Executive Director Davis, Agency Counsel Thever, and Assistant City Manager Hempe. Member Rea was absent. Secretary Hooper was absent. Treasurer Pygatt was absent. Assistant City Manager announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS Agenda Items of Any Aforementioned Agencies NONE PUBLIC ORAL COMMUNICATIONS NONE CLOSED SESSION NONE Item # 2 LYNWOOD CHAMBER OF COMMERCE It was moved by Member Sanchez and seconded by Member Byrd and carried to adopt RESOLUTION NO. 2001.034 ENTITLED: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE FOR ADVERTISING AND PROMOTION SERVICES" ROLL CALL: AYES: MEMBER BYRD, SANCHEZ, RICHARDS NOES: MEMBER REYES ABSTAIN: NONE ABSENT: MEMBER REA Item # 3 AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYNWOOD THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES It was moved by Member Sanchez and seconded by Member Byrd and carried to adopt RESOLUTION NO. 2001.035 ENTITLED: "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES" ROLL CALL: AYES: MEMBER BYRD, SANCHEZ, RICHARDS NOES: MEMBER REYES ABSTAIN: NONE ABSENT: MEMBER REA Item #1 EXTENSION OF AN EXCLUSIVE NEGOTIATING AGREEMENT Chairman Richards recommended to prospect minimize amount of time the entire agency try to think about terms and alternatives. Staff was directed to report to Council at next Council Meeting. ADJOURNMENT Having no further discussion, it was moved by Chairman Richards seconded by Member Byrd and carried to adjourn the meeting at 2:22 p.m. Paul H. Richards, Chairman Andrea L. Hooper, City Clerk LYNWOOD INFORMATION INC. SPECIAL MEETING OCTOBER 26, 2001 The Lynwood Information Inc. of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 12:48 p.m.. Chairman Richards convened the Special Meeting of the Lynwood City Council, Lynwood Redevelopment Agency, Lynwood Information Inc., Lynwood Public Finance Authority, ,.-., .-. Chairman Richards presiding. Directors Byrd, Reyes, Sanchez and Richards answered the roll call. Also present were City Manager Davis, City Attorney Thever, and Assistant City Manager Hempe. Director Rea was absent. Secretary Hooper was absent. Treasurer Pygatt was absent. Assistant City Manager announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS Agenda Items of Any Aforementioned Agencies NONE PUBLIC ORAL COMMUNICATIONS NONE ITEM #4 GEOGRAPHIC INFORMATION SYSTEMS It was moved by Director Reyes and seconded by Director Byrd to select Option #1 Enter into the three-year agreement with the software that DMP currently offers. This would include the conversion of the general and zoning plan conversion and 3" orthophotography optional items. The assumption with this option is that the plan check and permit tracking modules will meet staff needs when they become available. The cost of this commitment would be $106, 310.98 ROLL CALL: AYES: DIRECTOR BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ABSENT: DIRECTOR REA ADJOURNMENT Having no further discussion, it was moved by Mayor Richards seconded by Councilman Byrd and carried to adjourn the meeting at 2:22 p.m. LYNWOOD PUBLIC FINANCE AUTHORITY SPECIAL MEETING OCTOBER 26, 2001 The Lynwood Public Finance Authority of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 12:48 p.m.. President Richards convened the Special Meeting of the Lynwood City Council, Lynwood Redevelopment Agency, Lynwood Information Inc., Lynwood Public Finance Authority, President Richards presiding. Members Byrd, Reyes, Sanchez and Richards answered the roll call. Also present were Chief Administrative Officer Davis, City Attorney Thever, and Assistant City Manager Hempe. Member Rea was absent. Secretary Hooper was absent. Treasurer Pygatt was absent. Assistant City Manager announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS Agenda Items of Any Aforementioned Agencies NONE PUBLIC ORAL COMMUNICATIONS NONE ITEM # 4 VEHICLE IMPOUND/STORAGE ADMINISTRATIVE FEE It was moved by Member Reyes for staff to get the full recovery fee by increasing it to $119, seconded Byrd. ROLL CALL: AYES: MEMBER BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE ABSENT: MEMBER REA ADJOURNMENT Having no further discussion, it was moved by Mayor Richards seconded by Councilman Byrd and carried to adjourn the meeting at 2:22 p.m. ~ a .^.. AGREEMENT FOR CONSt7LTING SERVICES BETWEEN THE CITY OF LYNWOOD AND THOMAS & ASSOCIATES and between the CiAt ~ f Lynwood to erei nto this 6`h day of September, 2001, is made by Associates (hereinafter referred to as "Consultantf )~collect'vel lire' eranr d Thomas & "Parties." y ed to as the REC--- ITALS WHEREAS, in December 1997, the City exercised its option not to extend its agreement for contract waste and recycling services with Waste Management, formerly Western/[ISA Waste; WHEREAS, as of December 31, 2002, the current waste and recycling agreement between the City and Waste Management will expire; and WHEREAS, the City now desires to better serve the residents of Lynwood by providing its own waste and recycling program; WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles, and organized and existing under and by virtue of the laws and constitution of the State of California; and WHEREAS, Consultant, an expert in the waste disposal business, is a team of professionals with the necessary experience to establish and manage a solid waste and recycling program; and WHEREAS, the City wishes to make use of Consultant's services to assist in managin a solid waste and recycling program run by the City; g NOW, THEREFORE, the City of Lynwood and Consultant do agree as follow s. I. Se_ Consultant shall provide, to the City's satisfaction, the services detailed in Attachment A (the "Scope of Work") according to the timeline set forth in th Work. Time is of the essence in providing these services. e Scope of A. Business License. Consultant shall be required to obtain a business license in order to conduct business in the City of Lynwood. II. Term of Amreement The Agreement shall commence effective on the date of its approval by the City Council on September 6, 2001; and shall be for a period of Ten (10) Years, unless terminated pursuant to Article IX of this Agreement. The Agreement ma be extended for additional Six (6) Month periods by mutual wntten agreement of the y Parties. III. Payment for Services In consideration for performing, to the City's satisfaction, in accordance with average reasonable industry standards, the services detailed in the Scope of Work, the City shall compensate Consultant in the amount specified in Attachment B (the "Budget"). Payment shall, however, also be contin ent on satisfactor of all other terms and conditions of this Agreement. g Y performance A. Status of Consultant :Not Em to ee of Cit .Consultant is not, for any purpose, an employee of the City. Nor is consultant entitled to any benef ts, entitlements, or status of a City employee. B. Exclusion of Administrative. Costs. The City has no liability or responsibility to Consultant for the payment or reimbursement of any costs or expenses, including but not limited to legal fees, incurred by Consultant or any of its employees, agents, or subcontractors in performing its obligations under this Agreement. IV. Satis~n. Consultant shall, using all reasonable and due care and skill in accordance with average reasonable industry standards, perform to the Cit 's satis each and every obligation described either in this Agreement or in the attached Scope of Work. The City shall use reasonable judgment in determining whether a given obligation or obligations have been performed in a satisfactory manner. V. P ogress Reports. Consultant will provide monthly written progress reports to the Cit concerning its fulfillment of its obligations under the Agreement and the Scope of Worky Each such report shall describe in detail: A. What work has been performed by Consultant, their employees, agents, and any subcontractors on the specific tasks listed in the Scope of Work; B. How this work relates to completion of the overall project; C. When the work on each such task was begun and completed (or is anticipated to be completed); and D• Any practical, fnancial, or legal difficulties Consultant has encountered or is encountering in performing any such work. The first report shall be presented to the City month after the date of execution of this agreement. Subsequent reports shall be prepared and sent to the City every month thereafter. VI. Ri t to inspection audit and to nvPr~;,,~,* „ any time, and with as much or as lrttle advance notice, if anye h t it choloses toh rovrdte at to inspect the work and work product of, and other activities undertaken by, Consultant pursuant to this Agreement. Accordingly, Consultant shall keep all books, records, and other documents and other materials relating to Consultant's performance of its 2 obligations under the Agreement in a readily accessible place at its business offices, and shall make these materials available to representatives of the City, upon written demand at the time and place designated by the City. The time shall be during Consultant's normal business hours and the place shall be either consultant's normal place of business or the Office of the City Manager. VII. Representatives of the Parties• Service of nnr;rPc who are pnmanly responsible for the administration of this Agreement Vand tat whom ies forma] notices, demands and communications shall be given, are as follows: A. The principal representative of the City is: Mr. Ralph Davis, City Manager Lynwood City Hall 11330 Bullis Road Lynwood, CA 90262 B. The principal representative of Consultant is: Mr. Bevan Thomas Thomas & Associates P.O. Box 4651 Cerritos, CA 90703 Formal notices, demands and communications to be given to either party must be in writing and may be effected by personal delivery, mail, or electronic mail. If the name of the principal representative designated to receive the notice communications, or the address of such person, is changed, written notice mu t belgiven within five (5) working days of that change. VIII. Chance in Operation In the event that the City determines that it no longer desires to operate a waste and recycling program, changes have occurred in the waste/recycling or the City believes it can no longer provide an economically feasible waste and recyclin program due to factors including, but not limited to, the closure of the Puente Hills Land g Fill, increase in tipping fees, decrease in recyclable revenues, the need for the City to utilize the location of the waste and recycling facility for other municipal purposes, the need to purchase additional vehicles or equipment or the increased fees necessary to provide the services to the residential and commercial users, then Consultant shall have the first option of directly providing the residential and commercial solid waste and recycling services for City for a term, to be negotiated but not less than the remainin term of this Agreement, upon temis to be negotiated in good faith by the parties; g providing, however, that such an arrangement is consistent with all applicable requirements of public contract law existing at that time. 3 IX. Term_ ination. A. Termination for Material Breach. Either party may terminate this Agreement for material breach by the other of its obligations under this Agreement, upon thirty (30) days' prior written notice to the breaching party identifying such breach; provided, however, that the breaching party shall be given the opportunity to cure the breach within such thirty (30) day notice period. B. ~'ermination by City Without Cause Notwithstanding anything in this Agreement to the contrary, City may terminate this Agreement at any time without cause upon thirty (30) days' prior written notice to Company. In such event, City promptly shall pay Company all amounts due and owing to Company for services rendered hereunder as of the date of termination, and shall pay the balance of the total fees, expenses and compensation that City would have paid to Company for the remainder of the Term at such times as are set forth in the Agreement or at such other time(s) as maybe mutually determined between the parties. X. Independent Contractor. Consultant is an independent contractor and has no power or authority to incur any debt, obligation, or liability on behalf of the City. XI. Liabilit for obli ations to em to ees a ents subcontractors or other third arties• ind=ty, Consultant declares that Consultant, and not the City, is exclusively liable for full payment of all consideration and settlements owed to its employees, a ents its subcontractors, or to any other third parties in connection with work pe~ormed i~y of connection with this Agreement. If the City is ever declared by a court of competent jurisdiction to be liable for any such consideration or settlements, Consultant agrees to immediately indemnify the City for the full amount of the consideration or settlement owed, as well as for all attorneys' fees and other administrative expenses incurred by the City in connection with the claim, court case, or related or similar proceedings. XII. Pers_ onnel. A. Sup__ ervis~on, All services to be performed under this Agreement will be performed by Consultant, or under Consultant's direct supervision. B. Assignment and Subletting, The performance of this contract shall not be subleased, assigned, hypothecated or sold by either party without the prior written consent of the other party which shall not be unreasonably withheld. C. Responsibility Consultant is solely responsible for the satisfactory work performance of all of consultant's employees, agents, representatives, successor and assignees, engaged in performing services required by this Agreement, and s, for compliance with all performance standards specified by the City. 4 .-., .-. XIII. Indemnification. Consultant shall indemnify, defend, and hold harmless the City, its officers, employees, agents, affiliates, and assignees, for all claims, losses, damages or liabilities of any kind, including legal fees, resulting from the willful or negligent acts, errors or omissions of Consultant or its officers, employees, agents, affiliates, assignees, subcontractors; or from Acts of God. XIV. Insurance. Consultant shall, at its expense, maintain in effect at all times during the term of this Agreement and any extension thereto, not less than the following coverage and limits of insurance, which must be maintained with insurers listed "A" or better in the Best's Insurance Guide and authorized to do business in the State of California: A. Professional Liability Insurance. B. All other insurance required by applicable law. All of the above policies must contain an endorsement providing that written notice must be given to the city at least thirty (30) days before termination, cancellation, or reduction of coverage in the policy. XV. Com liance with Civil Ri hts Act and other a licable laws. Consultant certifies that it is in compliance with all applicable nondiscrimination provisions of the Civil Rights Act of 1964 and all other applicable State and Federal civil rights statutes and regulations. _ XVI. Entt_____re qg~-Bement and Amendments. This Agreement consists of this document and the attached Scope of Work and Budget. It supersedes all prior proposals, agreements, and understandings between the parties, including any and all previous agreements, and amendments or attachments thereto, between the parties which were terminated, suspended, or otherwise discontinued for any reason, and any demands, assertions of right, or proposed or accepted concessions or settlements made by any party in relation to any such agreements. Execution of this agreement by the parties extinguishes, now and forever, any claims which either party may have or have had respecting any such previous agreements or amendments or attachments thereto. This agreement may not be terminated or modified orally. This agreement may be amended only by a written agreement signed by all parties to this Agreement. Waiver of any provision of this agreement shall not be deemed to constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver. No attempted waiver of any of the provisions of this Agreement, not any modification in the nature, extent, or duration of Consultant's obligations hereunder, will be binding unless in writing and signed by the party against whom the same is sought to be enforced. 5 XVII. Seventy. In the event that any portion or portions of this agreement aze found by a court of competent jurisdiction to be unenforceable, it is the desire of both the Ci and Consultant that the rest of the agreement continue in force. ty XVIII. Resolution of disnutes• attorney fees. Disputes regarding the meaning of this Agreement or concerning the obligations of the parties hereunder shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If, however, any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in that action is entitled to reasonable attorneys' fees, costs, and necessary disbursements, in addition to such other relief as may be sought and awazded. - XIX. Successors and Assi ns This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, beneficiaries, legal representatives, successors and permitted assigns. 6 XX. Governin¢ Law. This Agreement is to be governed by the laws of the State of California. XXI. Conflict of Interest. A. Restrictions on Citv No officer, member or employee of the City or another public official of the governing body of the locality or localities in which any work is being carried out pursuant to this Agreement, and who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall: 1. Participate in any decision relating to this Agreement which affects his or her persona] interest or the interest of any corporation, partnership or association in which he has, directly or indirectly, any interest; or 2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter. B. Restrictions on Contractor. The Contractor hereby covenants that he has, at the time of the execution of this Agreement, and that he shall not acquire at any time in the future, any direct or indirect interest which would conflict in any manner or degree with the performance of services required to be undertaken pursuant to this Agreement. The Contractor further covenants that no person having any such conflict of interest shall be employed in any way in the performance of any work pursuant to this Agreement. The Contractor further warrants, by execution of this Agreement, that no personnel agency has been employed or retained or solicited to secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingency fee, excepting bona fide established commercial or selling agencies maintained by the Contractor for the business. For breach or violation of this warrant, the City shall have the right to do, in its discretion, any or all of the following: 1. Annul this Agreement without liability; 2. Deduct from this Agreement without liability; or 3. Deduct from this Agreement, without liability, price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingency fee. Dated: October , 2001 7 FOR THE C Y OF LYNWOOD: Hon. Paul H. Richards, II Mayor City of Lynwood Attest: O~i Andrea L. Hooper City Clerk Approved as to form: v(~' ,(. S an . Theve City Attorney ,. FOR CONSULTANT• Thomas & Associates ATTACHMENT A SCOPE OF WORK Definitions A. ACT or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public resources Code 40,000 et. Seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor. B. "Bulky Goods" means large and small household appliances, furniture, carpets, mattresses, white goods, oversized yard waste such as tree trunks and large branches if no longer than two feet (2') in diameter and four feet (4') in length and similar large items discarded by Residential service recipients. C. "Commercial Premises" means ail premises in the City, other than Single Family Residences and Multi-Family Residences, where Commercial Solid Waste are generated or accumulated. The term "Commercial Premises" includes, but is not limited to, stores; offices; federal, state, country and local government facilities, including, but not limited to, schools, district offices, special districts and water districts (to the extent authorized by law); restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; hospitals; clinics; and convalescent centers and nursing homes (non-medical waste), but does not include Single Family Residences. D. "Commercial Solid Waste" means all types of solid waste, including green Waste and Recyclable Solid Waste, but not Hazardous Waste or medical waste, generated or accumulated at Commercial Premises. E. "Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. F. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens and incidental pieces of scrap lumber, separated from other forms of Residential Solid Waste. "Green Waste" includes Holiday Trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or yucca or palm fronds (which are not suitable For composting). Or any other material for which Company determines that no market exists. G. "Gross Waste Containers" means containers, marked with tags or labels provided by City, for the temporary accumulation of Green Waste. H. "Gross Revenues" means any and all revenue or compensation in any form generated by or on behalf of City and of Company, from the collection processing and transportation of Commercial/Residential Solid Waste and 9 Recycling, in accordance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees, bin rental fees, and a!1 other fees for collection of Commercial/Residential Solid Waste and Recycling, without subtracting any costs. I. "hazardous Waste" means any substance; waste or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conversation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA"), 42 U.S.C. 9601 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board, and any consumer products with the characteristics of a Hazardous Substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be constructed to have the broader, more encompassing definition. J. Household Hazardous Waste Element by Assembly Bill 939, the California Integrated Waste Management~A t of 1989 (AB 939), mandating that every City and County plan for the proper management of hazardous wastes that are generated by households. IC• "Recyclable Material" means a commodity defined as "Recyclable Material by the Lynwood Municipal Code or this Agreement. A Recyclable Material, which is discarded into the residential waste stream, loses its character as a Recyclable Material and becomes Residential Solid Waste. L. "Recyclable Solid Waste" means recyclable items discarded into the Residential Solid Waste stream. "Recyclable Solid Waste" is a part of the Residential Solid Waste stream. As of the date of execution of this Agreement, Recyclable Solid Waste includes, but is not limited to the following: 1. Paper include cardboard, mixed paper, newspaper 2. Metal include tin cans, aluminum cans 3. Plastic include PET: #I and HDPE: #3 4. Glass include CRV Glass and recyclable glass M. "Residential Solid Waste" means all types of solid waste, including any household products with the characteristics of Hazardous Waste which may be found to have been placed in the Residential Solid Waste stream, including Green Waste and Recyclable Solid Wastes, placed for collection by service recipients, which originates from Single Family Residence and Multi-Family Residences within the City, which is to be collected pursuant to this Agreement. "Residential Solid Waste" does not include solid waste generated or accumulated at hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions. N. "Residential Solid Waste Container" means solid waste containers, of about one hundred and ten (110) gallons capacity, (or smaller containers for residents who request smaller containers) provided and delivered to residential service la --~ recipients by City. The term "Residential Solid Waste Containers" does not include "Multi-Family Commercial Bins" or Bins used by commercial and other nonresidential service recipients. Title to Residential Solid Waste Containers provided by City shall remain in City. O. Source Reduction and Recycling Element (S.R,R.E.) means the element required by Assembly Bi11939, the California Integrated Waste Management Act of 1989 (AB 939), mandating that each jurisdiction will meet the mandatory waste diversion goals set by the state of 25% by 1995 and 50% by 2000. II. Tasks A. Feasibility Study of In-House Operations 1. Consultant will provide City with financial estimates for establishing and maintaining a municipal automated residential and commercial waste collection program to provide services comparable to service previously provided by outside contracted service providers and an automated collection of residential recycled materials to be collected on the same day as waste is collected. Deliverables Due Date Written February 1, Feasibility 2002 Study 2. Consultant will provide the City with a feasibility Written study on the cost effectiveness of providing in-house Feasibility 2002 ~' 1' waste disposal and recycling services for residential Study and commercial units. City will provide Consultant with the financial records and documents the City has in its possession on customer accounts B. Establishing P or gram Consultant will provide the City with a project Written Report, Febru 1 implementation schedule, which includes tasks, and Graphs, Project 2002 ~ projected implementation dates on carrying out each Matrix task for establishing a municipal automated residential and commercial waste collection program. 2. Consultant will provide the City a report in maximizing the use of existin Ci Written Report March l equipment and facilities to irnpleme p the proggram 2002 3. Consultant will provide a written recommendations Written Report April 1, 2002 to City for site improvement and or acquisition for the facility to park and maintain the vehicles used in the municipal waste and recvclinn .,~,,,,,.,...~ appropriate containers and vehicles to be utilized in the program and providing information regazding available prices and financing terms. 4• Consultant will provide City with written information regazding the number, job description Written Report April 1, 2002 and duties of employees necessary to operate the program and will assist City in hiring those employees. 5. Consultant will provide a schedule routers for drivers for the collection of waste and recyclable Written Report April 1, 2002 materials from residential sources and waste from commercial sources. City will provide consultant with current route schedule for residential and commercial waste collection and recycling. 6. Consultant will develop public educational materials on recycling and the automated system collecti f Written Report April 1, 2002 on o residential waste and recycling materials. All educational materials would need to be approved by City prior to dissemination to the public. City will distribute educational materials to residents and busi nesses. Consultant will visit schools, community based organizations and busin , esses to promote recycling, source reduction and safe disposal of waste. 7. Consultant will develop public information announc Re ort J ements to residents and businesses regazding the new munici al wa t p , une 1, 2002 Brochur p s e collection program. City will distribute the public information announc Fl ers y ements to the residents. 8. Upon approval of the City Manager or his designee of the training materials and meth d Training Au ust 1 g o , the Consultant will provide education and trainingef to em to ees y of the waste and , Materials and 2002 Schedules recycling program, includm drivers and office employees. Education d . n an training of employees will include review of Federal State Tra s ng Classes , , County and Local regulations for safety (e.g. OSHA}. City will provide regulaz safety training that all City employees recei ve. 9. Consultant will audit existing customer lists. September 1, 2002 10. With approval from the City, Consultant will provide recommendations on available vendors for September 1. residential and commercial containers and 2002 equipment and provide price comparisons. Upon approval from the City, Consultant will order containers and equipment. City will purchase containers and equipment. 1 !. Consultant will make arras ement and suoerv~cr 12 delivery of containers for residential waste and recycling and commercial waste collection. October 1, Consultant will verify and enswe delivery of 2002 containers for residential waste and recycling and commercial waste collection to customers. C. Managing Program. 1. Consultant will manage the day-to-day operations of the municipal automated residential and commercial January 1, solid waste, on call residential bulky waste and 2003 recycling program. 2. Consultant will interface with employees assigned to the municipal waste collection and recycling January 1, program. Consultant will serve as the lead in 2003 arranging for the maintenance and repairs of equipment. 3. Consultant will provide professional personnel to manage the operation of the program not limited to January 1, , including proper disposal and management of solid 2003 waste, green waste and holiday tree collection. 4. Consultant will supervise City employees directly involved in the collection of residential and commercial west and recyclable materials (e.g. January 1, dispatch operators, drivers and office personnel.) 2003 5. Consultant will design manage and update d Written Re ort e ucational programs for residential recycling. p , Brochure March 1, Public Service 2003 Announcements, 6. Consultant will supervise customer service for the Video residential and commercial solid waste and recycling program. 7. Consultant will supervise the maintenance of all vehicles utilized in the waste and recycling program for the City. 8. Consultant wildprovide City recommendations of new waste and recycling programs for the City. 9. Consultant will design a recycling program for City departments, which will include the research and April I, 2003 development of a commercial recycling program for the City. 10. Consultant agrees work with the City to implement all requirements of the city's Source Reduction and Recycling Element (S R R E) and Household 13 Hazardous Waste Element (H.H. W.E.) and to provide recommendations on new programs as needed in order to cause the City to be in compliance with AB 939. 1 I. Consultant shall utilize its best efforts in ensuring that the City maintains and economically feasible solid waste management and recycling program. 12. Consultant shall report to the City Manager or his a---- D. Hazardous Waste Inspection and Reporting l . City has the duty to inspect, and Consultant has the responsibility to supervise and train staff to properly inspect CommerciaUResidential Solid Waste put out for collection and to reject Commercial/Residential Solid Waste observed to be contaminated with Hazardous Waste. 2. Should Consultant find, observe or become aware of reportable quantities of Hazardous Waste put out for collection with CommerciaVResidential solid Waste, Consultant shall notify the City and direct and assist the City's efforts so that the City may meet its duty to notify all agencies with jurisdiction, including the California Departrnent of Toxic Substances Control and local emergency response providers and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed in residential solid waste observed or collected anywhere within the City. 3. In addition to other required notifccations, if Consultant observes any substances which it or its employees reasonably believe or suspect to contain hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Consultant shall notify the City Manager, or the City Manager's designee immediately. E. Hazardous Waste Diversion Records. i. Consultant shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Commercial and Residential Solid Waste and which as inadvertently collected from service recipients within the Ci ,but diverted from land fillip . F. CERCLA Defense Records. 1. Company shall maintain data retention and preservation systems, which shall be adequate to enable City to establish where solid waste collected in the City was land filled (and therefore establish 14 where it was not land filled). G. Compliance i . Consultant is charged with the responsibility of ensuring that the City is in compliance with all the applicable laws, including implementing regulations and elements, as they, from time to time, may be amended specifically including, but not limited to the provisions of the laws governing the safe collection, transport, recycling and disposal of CommerciaUResidential Solid Waste, including the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40,000 et. Seq., the Resource Conservation and recovery Act (RCRA") 42 U.S.C. Section 6901 et seq. and the Comprehensive environmental Response, Compensation and Liability Act ("CERCLA"). 42 U.S.C section 9601 et. Seq. City has the responsibility to maintain compliance with all applicable laws, ordinances and regulations to the subject matter of this Agreement including but not limited to the filing of appropriate documentations to the appropriate governmental agencies. H. Reports. 1. Consultant shall submit to the City such information or reports in such forms and at such times as the City April 1, 2003 reasonably may request or require, including, but not limited to the Following, submitted not~less often than as indicated, and beginning with: the month of Apri12003 following the implementation of the program, i. Monthly Reports. Monthly Reports shall be submitted to City, in a format acceptable to City, including by disc or as an attachment e-mail, at City's option , if requested by City. The monthly report shall show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. A computer disc with a copy of the customer complaint log shalt be submitted with the monthly report, if requested by City. ii. Quarterly Reports. 1n addition to providing a quarterly summary of the monthly reports, Quarterly Reports shall included the following: 1. Recyclable Solid Wastes: a. A statement showin , b 15 type of material, tons received during the month and tons marketed during the month. b. A report providing recycling information and the number of Residential service recipients participating. c. A narrative description of problems encountered and actions take. This is to include a description of tons rejected for sale, if any, after processing (type of material, tonnage), reason for rejection and Company's disposal method for the rejected material. + d. A report of recycling program promotional activities including materials distributed by City to its service recipients. 2. Hazardous Waste Diversion .: Reports: A copy or summary of the records required by Section VII above. 3. Certification: Consultant shall provide certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. Reporting Adverse Matters. Company shall provide City three copies {one each to the City Manager, the Finance Director and the City Attorney) of all reports, pleadings, applications, notifications, Notice of Violation, communications or other material relating specifically to Company's performance of services pursuant to this Agreement, submitted by Company to, or received by Company from, the United States or California Environmental Protection Agency, the California Integrated Waste Management board, the Securities and Exchange Commission or any other Federal, State or County avenr.. 16 including any federal or state court. Copies shall be submitted to City simultaneously with Company's filing or submission of such matters with said agencies. Company's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon reauect ~7 ATTACHMENT B BUDGET Monthly fee and incentive Compensation. City shall pay Company, Seven Percent (7%) of the monthly Gross Revenues from City's current Solid Waste and Recycling Agreement with its existing service provider, to be paid on a monthly basis from September ]0, 200] until the commencement of the ResidentiaUCornmercial Program, scheduled to begin January 1, 2003. Effective As of the commencement date of the Residential/Commercial Program, City shall increase the payment to Company to TEN percent (10%) of the Gross Revenues. City shall make all payments on a monthly basis on the 1 S` day of each month. In the event that total Gross Revenues in any contract year exceed expenses by more than TEN percent (10%), City shall pay Company an incentive payment equal to TEN percent (10%) of such net revenues, within 90 days of the close of City's fiscal year end for such contract year. "Gross Revenues" means any and al! revenue or compensation in any form generated b or on behalf of City and of Company, from the collection processing and transportation of y Commercial/Residential Solid Waste and Recycling, in accordance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees, bin rental fees, and all other fees for collection of Commercial/Residentiai Solid Waste and Recycling, without subtracting any costs. 18 ?"-. ~ x::,~ . AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, AND JACKSON & ASSOCIATES This agreement, ("Agreement") entered into this 6`h day of September, 2001, is made by and among the City of Lynwood (hereinafter referred to as Ci Redevelopment Agency (hereinafter referred to as "A enc "~ ~,«)' the Lynwood (hereinafter referred to as "Consultant"), collectively referred to as the Spa & s ssociates REC-- ITA.LS WHEREAS, on October 22°d 1999, the City entered into atwo-year agreement for nuisance abatement and mitigation services; WHEREAS, the City and Agency receive several thousand complaints a year and approximately twenty percent of those complaints relate to code violations and there are numerous more violation that remain unreported and a proactive inspection program is needed; and WHEREAS, the City needs assistance to address commercial nuisance abatement; and WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles, and organized and existing under and by virtue of the laws and constitution of the State of California; and WHEREAS, Consultant, has proved expertise in the areas of abatement and mitigation, and we have seen an increase in the quality of life, economic vitality and public safety as a result of the proactive program; and WHEREAS, the City and Agency wish to make use of services such as these by the Consultant. NOW, THEREFORE, the City, Agency, and Consultant do agree as follows: I. Services. Consultant shall provide, to the City's satisfaction, the services detailed in Attachment A (the "Scope of Work") according to the timeline set forth in the Scope of Work. Time is of the essence in providing these services A. Business License. Consultant shall be required to obtain a business license in order to conduct business in the City of Lynwood. II. Tenn of Agreement The Agreement shall commence effective on the date of its approval by the City Council on September 6, 2001 and end September 30, 2011. The Agreement may be extended for additional Six (6) Month periods by mutual written agreement of the Parties. III. Payment for Services In consideration for performing, to the City's satisfaction, in accordance with average reasonable industry standards, the services detailed in the Scope of Work, the City shall compensate Consultant in the amount specified in Attachment B (the "Budget"). A. Status of Consultant :Not Em to ee of Cit .Consultant is not, for any purpose, an employee of the City. Nor is consultant entitled to any benefits, entitlements, or status of a City employee. B. Exclusion of Administrative Costs. The City has no liability or responsibility to Consultant for the payment or reimbursement of any costs or expenses incurred by Consultant or any of its employees, agents, or subcontractors in performing its obligations under this Agreement. City shall be responsible for payment or reimbursement of related expenses related to the performance of duties under this agreement. The City shall reimburse the Contractor for all work authorized by the City Manager or his designee. Any such payments or reimbursements shall be in accordance with laws and policies governing the City. IV. Satis~ion. Consultant shall, using all reasonable and due care and skill in accordance with average reasonable industry standazds, perform to the Cit 's satisf each and every obligation described either in this Agreement or in the attached Scope of Work. The City shall use reasonable judgment in determining whether a given obligation or obligations have been performed in a satisfactory manner. V. P ogress Reports. Consultant will provide monthly written progress reports to the Cit concerning its fulfillment of its. obligations under the Agreement and the Scope of WorkY Each such report shall describe in detail: A. What work has been performed by Consultant, their employees, agents, and any subcontractors on the specific tasks listed in the Scope of Work; B. How this work relates to completion of the overall project; C• When the work on each such task was begun and completed (or is anticipated to be completed); and D• Any practical, financial, or legal difficulties Consultant has encountered or is encountering in performing any such work. The first report shall be presented to the City month after the date of execution of this agreement. Subsequent reports shall be prepazed and sent to the City every month thereafter. VI. Ri t to ins ection audit and to oversi ht enerall .The City shall have the ri any time, and with as much or as little advance notice, if any, that it chooses to provgde at to inspect the work and work product of, and other activities undertaken by, Consultant 2 pursuant to this Agreement. Accordingly, Consultant shall keep all books, records, and other documents and other materials relating to Consultant's performance of its obligations under the Agreement in a readily accessible place at its business offices, and shall make these materials available to representatives of the City, upon written demand at the time and place designated by the City. The time shall be during Consultant's normal business hours and the place shall be either consultant's normal place of business or the Office of the City Manager. VII. Re resentatives of the Parties• Service of noticPc who are pnmanly responsible for the administration of this Agreementvand tohwhomies formal notices, demands and communications shall be given, are as follows: A. The principal representative of the City is: Mr. Ralph W. Davis, III, City Manager Lynwood City HaII 11330 Bullis Road Lynwood, CA 90262 B. The principal representative of Consultant is: Ms. Laverne Jackson Jackson & Associates P.O. Box 4651 Cerritos, CA 90703 Formal notices, demands and communications to be given to either party must be in writing and maybe effected by personal delivery, mail, or electronic mail. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice must be given within five (5) working days of that change. VII. Attorney Fees If a party commences or is made a party to a lawsuit, arbitration or other legal proceeding (hereinafter "proceedin " or to obtain a declaration of rights under this ag Bement the ~ evailripnret this agreement, proceeding shall be entitled to recover from th~ ther party reasonabl eattorneys' fee and costs incurred with such proceeding, including without limitation any appeal or enforcement of any judgment or order rendered in such proceeding. IX. Termination. A. Termination for Material Breach. Either party may terminate this Agreement for material breach by the other of its obligations under this Agreement, upon thirty (30) days prior written notice to the breaching party identifying such 3 breach; provided, however, that the breachin to cure the breach within such thirty (30) da not ce periode given the opportunity B. Terminatio_ n by City Without Cause Notwithstanding anything in this Agreement to the contrary, City may terminate this Agreement at any time without cause upon thirty (30) days prior written notice to Company. In such event, City promptly shall pay Company all amounts due and owing to Company for services rendered hereunder as of the date of termination, and shall pay the balance of the total fees, expenses and compensation that City would have paid to Company for the remainder of the Term at such times as are set forth in the Agreement or at such other time (s) as maybe mutually determined between the parties. X. Independent Contractor. Consultant is an independent contractor and has no power or authority to incur any debt, obligation, or liability on behalf of the City. XI. Liabilit for obli ations to em to ees a ents subcontractors or other third arties• indemnity, Consultant declares that Consultant, and not the City, is exclusively liable for full payment of all consideration and settlements owed to its employees, agents, to any of its subcontractors, or to any other third parties in connection with work performed in connection with this Agreement. If the City is ever declared by a court of competent jurisdiction to be liable for any such consideration or settlements, Consultant agrees to immediately indemnify the City for the full amount of the consideration or settlement owed, as well as for all attorneys' fees and other administrative expenses incurred by the City in connection with the claim, court case, or related or similaz proceedings. XII. Personnel, A. Supervision. All services to be performed under this Agreement will be performed by Consultant, or under Consultant's direct supervision. B. Assignment and Subletting. The performance of this contract shall not be subleased, assigned, hypothecated or sold by either party without the prior written consent of the other party which shall not be unreasonably withheld. C. Responsibility Consultant is solely responsible for the satisfactory work performance of all of consultant's employees, agents, representatives, successors, and assignees, engaged in performing services required by this Agreement, and for compliance with all performance standards specified by the City. XIII. Indemnification. Consultant shall indemnify, defend, and hold harmless the City, its officers, employees, agents, affiliates, and assignees, for all claims, losses, damages or liabilities of any kind, including legal fees, resulting from the willful or negligent acts, 4 errors or omissions of Consultant or its officers, employees, agents, affiliates, assignees, subcontractors; or from Acts of God. XTV. Insurance. Consultant shall, at its expense, maintain in effect at all times during the term of this Agreement and any extension thereto, all insurance a consultant must have bylaw. XV. Com liance with Civil Rights Act and other applicable laws. Consultant certifies that it ~s m compliance with all applicable nondiscrimination provisions of the Civil Rights Act of 1964 and all other applicable State and Federal civil rights statutes and regulations. XVI. Entire Agreement and Amendments. This Agreement consists of this document and the attached Scope of Work and Budget. It supersedes all prior proposals, agreements, and understandings between the parties, including any and all previous agreements, and amendments or attachments thereto, between the parties which were terminated, suspended, or otherwise discontinued for any reason, and any demands, assertions of right, or proposed or accepted concessions or settlements made by any party in relation to any such agreements. Execution of this agreement by the parties extinguishes, now and forever, any claims which either party may have or have had respecting any such previous agreements or amendments or attachments thereto. This agreement may not be terminated or modified orally. This agreement maybe amended only by a written agreement signed by all parties to this Agreement. Waiver of any provision of this agreement shall not be deemed to constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver. No attempted waiver of any of the provisions of this Agreement, not any modification in the nature, extent, or duration of Consultant's obligations hereunder, will be binding unless in writing and signed by the party against whom the same is sought to be enforced. XVII. Seve_ ra_ bility. In the event that any portion or portions of this agreement are found by a court of competent jurisdiction to be unenforceable, it is the desire of both the Cit and Consultant that the rest of the agreement continue in force. y XVIII. Resolution of disputes. Disputes regarding the meaning of this Agreement or concerning the obligations of the parties hereunder shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. For information regarding Attorneys Fees see Section VIII. XIX. Successors and Assi~~ This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, beneficiaries, legal representatives, successors and permitted assigns. .~, XX. Governin Law. This Agreement is to be governed by the laws of the State of California. XXI. Conflict of Interest. A. Restrictions on City No officer, member or employee of the City or another public official of the governing body of the locality or localities in which any work is being carried out pursuant to this Agreement, and who exercises any. functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall: l .Participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he has, directly or indirectly, any interest; or 2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter. B. Restrictions on Contractor. The Contractor hereby covenants that he has, at the time of the execution of this Agreement, and that he shall not acquire at any time in the future, any direct or indirect interest, which would conflict in any manner or degree with the performance of services required to be undertaken pursuant to this Agreement. The Contractor further covenants that no person having any such conflict of interest shall be employed in any way in the performance of any work pursuant to this Agreement. The Contractor further warrants, by execution of this Agreement, that no personnel agency has been employed or retained or solicited to secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingency fee, excepting bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warrant, the City shall have the right to do, in its discretion, any or all of the following: 1 • Annul this Agreement without liability; or 2. Deduct from this Agreement without liability. Dated: October , 2001 6 FOR THE CITY OF LYNWOOD: Hon. Paul H. Richards, II Mayor City of Lynwood Ralp avis, Executive Director Lynwood Redevelopment Agency Attest: Andrea L. Hooper City Clerk Approved as to form: O S K. Theve ity Attorney Laverne Jackson Jackson & Associates 7 FOR CONSULTANT: ATTACHMENT A SCOPE OF WORK The following Scope of Work is an overview of the services that will be provided by the Consultant. However, more specific detail and assignments will be given during the required meetings with staff. l I• Consultant shall conduct independent inspection of all azeas of the City, including but not limited to, right of ways, parks, lots, alleys, and vacant properties. II. Consultant shall assess conditions and prepare reports concerning sites and azeas inspected. III. Consultant shall make recommendations as to how any adverse conditions can be abated or mitigated. N. Consultant shall upon the approval of the City Manager or his designee, undertake steps to abate or mitigate said adverse condition. 8 ATTACHMENT B BUDGET Parties agree that Consultant shall be compensated at a base rate of $5,000 per month for inspection and reporting services. In addition, Consultant shall be compensated for any additional abatement and mitigation work authorized by the City Manager or his designee. The City Manager hereby is authorized to approve additional abatement and mitigation work by consultant in an amount not to exceed $5,000 per calendar week. The lead time for processing invoices for inclusion on the warrant list of the City is governed by the rules and regulations established by the City's Finance and Administration Department. Payments will be processed and paid in accordance with the rules, regulations and schedules established or revised by the said Finance Department. Consultant shall be responsible for all costs and expenses of services rendered to the City, including, all costs of equipment provided by consultant, all fees, fines, licenses, bonds or taxes required or imposed against consultant. City shall be responsible for payment or reimbursement of related expenses related to the performance of duties under this agreement. The City shall reimburse the contractor for all work authorized by the City Manager or his designee. Any such payments or reimbursements shall be in accordance with laws and policies governing the City. City is neither obliged to accept nor pay for any part of Consultant's services unless City and in accordance with average reasonable industry standards, is satisfied with Consultant's performance. 9 DATE: December 13, 2001 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis III, City Manager SUBJECT: REVIEW OF AN AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYWNOOD, THE REDEVELOMENT AGENCY OF THE CITY OF LYNWOOD, AND JACKSON & ASSOCIATES BACKGROUND: Staff received a request from the Interim City Attorney, Mike Montgomery, to place the Agreement for Consulting Services By and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood and Jackson 8 Associates. Staff is attaching the staff reports, minutes, and agreements relating to Jackson 8 Associates for the City Council's review: ^ On October 22, 1999 the City approved a Resolution NO. 99-198 "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH MR. BEVAN THOMAS." ^ Implementing City Council's policy, the City entered into an Agreement entitled "Agreement for Consultant Services Nuisance Abatement" for a term of October 25, 199 through November 1, 2001 with Mr. Bevan Thomas. ^ On August 23, 2001, Thomas & Associates proposed to undertake efforts to significantly improve its solid waste management operations by bringing them under direct control and provided his proposed amended and Supplemental Services agreement for approval by the City Council. ^ On October 26, 2001, the City Council approved Resolution No. 2001-133: "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES." ^ The City approved the following agreement entitled "Agreement for Consulting Services by and Among the City of Lynwood, the Redevelopment Agency of the City of Lynwood, and Jackson & Associates. RECOMMENDATION: Staff recommends for the City Council to take the following actions 1. Review the existing Agreement between the City & Redevelopment Agency and Jackson & Associates, including the services being provided under the Agreement and compensation for the services being rendered, 2. Ascertain from the Interim City Attorney of a course of action that would terminate the contract based on findings from the Interim City Attorney. 3. Ascertain from the Interim City Attorney of a course of action that would recover recent payments from Jackson & Associates, 4. Direct the Interim City Attorney to provide the City Council on the possible economic benefits and consequences of a decision to terminate the contract and to recover recent payments to Jackson, and 5. Provide staff directions as to this matter. .. R.- . i City of Lynwood Ralph W. Davis II Agreement for Consultant Servicsrty Manager ~ Nuisance Abatement This agreement entered into this 22"d day of October, 1999, is made by and between the City of Lynwood and (hereinafter referred to as "City") and Bevan Thomas, (hereinafter referred to as "Consultant"). In consideration of the promises and mutual agreements hereinafter contained, City and Consultant agree as follows: I• SERVICES As directed by the City Manager, Consultant shall conduct independent inspection of all areas of the City, including, but not limited to, right of ways, parks, lots, alleys, and vacant properties. Consultant shall assess conditions and prepare reports concerning sites and areas inspected. Consuftont shall make recommendations as to how any adverse conditions can be abated or mitigated. If approved by the City Manager or his designee, Consultant may undertake steps to abate or mitigate said adverse condition. II~ TERM OF AGREEMENT The term of this agreement shall commence effective October 25, 1999 and extend through November 1, 2001. III. PAYMENT FOR SERVICES Parties agree that Consultant shall be compensated at a base rate of $5,000 per month for inspection and reporting services. In addition, Consultant shall be compensated for any additional abatement and mitigation work authorized by the City Manager or his designee. The City Manager hereby is authorized to approve additional abatement and mitigation work by consultant in an amount not exceeding $5,000 per calendar week. IV. TERMINATION If Consultant refuses or fails to perform under the terms of this agreement, or if he violates the law, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this agreement, then the City may, without prejudice to any right or remedy and after giving the Consultant thirty (30) day notice, terminate employment of Consultant. Consultant shall be given a reasonable opportunity to cure any problems associated with services under this agreement during said thirty (30) day period. v CONSULTANT NOT AN EMPLOYEE OF CITY It is expressly understood and agreed by both parties hereto that the Consultant, while engaged in carrying out and complying with any terms and conditions of this contract, is an independent contractor and not an officer, agent or employee of the City. Vl. EXPENSES Consultant shall be responsible for all costs and expenses of services rendered to the City, including, all costs of equipment provide by contractor, all fees, fines, licenses, bonds or taxes required or imposed against Consultant. City shall be responsible for payment or reimbursement of related expenses related to the performance of duties under this agreement. The City shall reimburse the Contractor for all work authorized by the City Manager or his designee. Any such payments or reimbursements shall be in accordance with laws and policies governing the City. IN WITNESS WHEREOF, the parties to this agreement hove hereunto caused the some to be executed the day and year written below. CITY OF LYNWOOD ey r~ ~~ RaIFlh W. Davis, III -- City Manager Date October 25. 1999 CONS TANT ay G--- Be on Thomas Date October 25 1999 034-42-8900 Consultant Employer I.D. Number or Social Security Number " ',r ..., _ - _ ~. RESOLUTION N0. 99.178 A RESOLUTION OF THE CITY OF LYNWOOD OF THE CITY OF LYNWOOD AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH MR. BEVAN THOMAS WHEREAS, of the 5,000 complaints a year that the City receives over 800 relates to code violations; and WHEREAS, HUD foreclosed homes in Lynwood is estimated to be over 50; and WHEREAS, the City cun'ent does not adequately address commercial nuisance abatement; and WHEREAS, the City has been_generally reactive in addressing nuisances in the City; and WHEREAS, there are numerous code violations in the City that remain unreported and a proactive inspection program is needed; and WHEREAS, unabated nuisances pose a threat to Lynwood's quality of Iffe; economic vitality and safety; NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: SECTION 1. That the City Council approves an Agreement, attached hereto as Exhibit A, with Mr. Bevan Thomas to conduct city wide inspection services and conduct necessary abatement mitigation under the direction of the City Manager or his designee. SECTION 2. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 22nd day of October 1999 . SANCHEZ, MA' City of Lynwood EST: APP VEDAS TO CONTENT: Andrea L. Hooper, City Jerk Ral .Davis City of Lynwood City Manager APPROVED AS TO FORM: G~'-Gc. C' Attorney STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, the. undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of said ~ City on the day 1999, and passed by the following vote: • AYES: COUNCILMEN BYRD, RICHARDS, SANCHEZ NOES: NONE ABSENT: COUNCILMEN REA, REYES City Clerk, City of Lyn od STATE OF CALIFORNIA ) . ss. COUNTY OF LOS ANGELES ) 1, 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. 99.178 on file in my office and that ` said resolution was adopted on the date and by the vote therein stated. Dated this 22nd day of October 1999 City Clerk, City of Lynwood h:lwordfiklaaacnMagenda1sb567.doch:lwordfilelt~rancntrlagendal~b567.doc Thomas & Associates PO Box 4651 Cerritos, CA 90703 - Ph. (310) 880.7301-Fx. (714) 774-0300 Municipal Waste Management August 23, 2001 Mr. Ralph W. Davis, III, City Manager City of Lynwood 11330 Bullis Rd. Lynwood, CA 90262 Dear Mr. Davis, My professional relationship with the City of Lynwood spans nearly twenty years. For over a decade I was the principal services representative for the City's contract waste hauler. Over the past two years, my own company has provided supplemental professional services related to nuisance abatement and clean-up operations. I have learned much about the City and the needs of its many residents and businesses. It is my hope that the City will continue its relationship with my company in an expanded and exciting new role. I am proposing that the City undertake efforts to significantly improve its solid waste management operations by bringing them under direct control. I have engaged a team of professionals with the skills and ability to assist in this pursuit and that of generating substantially greater levels of revenue for the Ciry of Lynwood. Clearly, the City and its leaders have already been placed in the position where they must respond to growing concern and controversy. Yet, in spite of the City's profound role, it has not benefited economically. In 1978, the City of Lynwood entered into an exclusive agreement ("Agreement") with CV Disposal Services, Inc. to provide solid waste collection services. Western Waste Industries, Inc. purchased this company and took over the existing contract. In 1996, Western Waste Industries merged with USA Waste. In 1998, USA Waste merged with Waste Management, Inc. and is doing business as ~ aste Management, Inc. The agreement provided for alive-year "evergreen" extension of the contract as long as both parties agreed. The Lynwood City Council exercised the option not to extend the A_reement in December 1997. The contract is set to expire before January 1, 2003. ` The City is now engaged in major litigation resulting from its relationship with the contract refuse haulers. I am recommending that the City endeavor to bring its refuse operations under direct control and amend my existing agreement to include the provision of solid waste management services on behalf of the Ciry. I have attached'a copy of my proposed amended and Supplemental Services agreement for reference and approval. If you have any questions or comments, please fee( free to contact me any time at (310) 880-7301. I look forward to the City's affirmative response and continued working relationship. Sincerely, ~~ f`~t~l~vr B an Thomas PresidendCEO City of Lynwood Supplemental Services Agreement for Solid Waste and Recycling Management This management agreement is entered into by and between the City of Lynwood (hereinafter "City") and Thomas and Associates (hereinafter "Company") with reference to the following facts: Whereas, in December, 1999, the City exercised its option not to extend its agreement for contract waste and recycling services; and' Whereas, the City now desires to better serve the residents of Lynwood by pro~~iding, its own waste and recycling program; and, Whereas, Company has assembled a team of professionals with the necessary experience to establish and manage a solid waste and recycling program and is a necessary and compelling element of this agreement; and, Whereas, City desires Company to establish and manage a solid ~;paste and recycling program on its behalf; Now, therefore, City and Company agree as follows: SECTION B. DEFINITIONS A. ACT or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public resources Code 40,000 et. Seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Manasement Board, or its successor. B• "Bulky Goods" means large and small household appliances, furniture, carpets, mamesses, white goods, oversized yard waste such as tree trunks and large branches if no longer than two feet (2') in diameter and four feet (4') in len_th and similar large items discarded by Residential service recipients. ` C• "Commercial Premises" means all premises in tl~e City, other than Single Family Residences and Multi-Family Residences. where Commercial Solid Waste are generated or accumulated. The term "Commercial Premises" includes, but is not limited to, stores: offices; federal, state, country and local government facilities, including, but not limited to, schools, district offices, special districts and water districts (to the extent authorized by la~~-); restaurants; rooming houses; hotels; motels; manufacturing, processing, or assembly shops or plants; hospitals; clinics; and convalescent centers and nursing homes (non-medical «~aste), but does not include Single Family Residences. D• "Commercial Solid Waste" means all t}~pes of solid waste, including green Waste and Recyclable Solid Waste, but not Hazardous Waste or medical ~~~aste, generated or accumulated at Commercial Premises. ,. .... -~-. E. "Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. F. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens and incidental pieces of scrap lumber, separated from other forms of Residential Solid Waste. "Green Waste" includes Holiday Trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or yucca or palm fronds (which are not suitable for composting). Or any other material for which Company determines that no market exists. G. "Gross Waste Containers" means containers, marked with tags or labels provided by City, for the temporary accumulation of Green Waste. H. "Gross Revenues" means any and all revenue or compensation in any form generated by Company and/or City from the collection and transportation of Commercial/Residential Solid Waste and Recycling pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, monthly customer fees, bin rental fees, and al] other fees for collection of Commercial/Residential Solid Waste and Recycling, without subtracting and cost of doing business. I. "Hazardous Waste" means any substance; waste or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conversation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA"), 42 U.S.C. 9601 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board, and any consumer products with the characteristics of a Hazardous Substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be constructed to have the broader, more encompassing definition. J. Household Hazardous Waste Element (H.H.VV.E) means the element required b~~ Assembly Bill 939, the California Integrated Waste Management Act of 1989 (AB 939), mandating that even City and Count}' plan for the proper management of hazardous wastes that are generated by households. K. "Recyclable Material" means a commodit}- defined as "Recyclable Material by the Lynwood Municipal Code or this Agreement. A Recyclable Material, which is discarded into the residential waste stream, loses its character as a Recyclable Material and becomes Residential Solid Waste. I-• "Recyclable Solid Waste" means recyclable items discarded into the Residential Solid Waste stream. "Recyclable Solid Waste" is a part of the Residential Solid Waste stream. As of the date of execution of this Agreement, Recyclable Solid Waste includes, but is not limited to the following: M. "Residential Solid Waste" means all types of solid waste, including any household products with the characteristics of Hazardous Waste which may be found to have been placed in the Residential Solid Waste stream, including Green Waste and Recyclable Solid Wastes, placed for collection by service recipients, which originates from Single Family Residence and Multi-Family Residences within the City, which is to be collected pursuant to this Agreement. "Residential Solid Waste" does not include solid waste generated or accumulated at hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions. N. "Residential Solid Waste Container" means solid waste containers, of about one hundred and ten (I 10) gallons capaciq•, (or smaller containers for residents who request smaller containers) provided and delivered to residential service recipients by City. The term "Residential Solid Waste Containers" does not include "Multi-Family Commercial Bins'' or Bins used by commercial and other nonresidential service recipients. Title to Residential Solid Waste Containers provided by City shall remain in City. O. Source Reduction and Recycling Element (S.R.R.E.) means the element required by Assembly Bill 939, the California Integrated Waste Management Act of 1989 (AB 939), mandating that each jurisdiction will meet the mandatory waste diversion goals set by the state of 25% by 1995 and 50% by ?000. SECTION C. TERMS 1. Management Services. Company shall provide Cite with services to establish and manage a municipal automated residential and commercial solid waste collection and recycling program. A. Estabiisbing Program. Company will provide City with financial cost estimates for establishing and maintaining a municipal automated residential and commercial waste collection program to provide services comparable to service previoush• provided by outside contracted service providers and an automated collection of residential recycled materials to be collected on the same day as waste is collected. Company will assist Cin in ma~imizin~ the use of existing City personnel, equipment and facilities to implement the program. Company will provide recommendations to Cit< for site improvement and or acquisition for the facility to park and maintain the vehicles used in the municipal waste and recycling programs, appropriate containers and vehicles to be utilized in the program and providing information regarding available prices and financing terms. Compan}• „~il] provide City with information regarding the number, job description and duties of employees necessary to operate the program and «•ill assist City in hiring those employees. Company will schedule router for drivers for the collection of waste and recyclable materials from residential sources and ~~aste from commercial sources. Company will assist the City to develop public educational materials on recycling and the automated system collection of residential ~ti~aste and recycline materials. Company will assist the City to provide education and training of employees of the waste and recycling program, including drivers and office employees. Education and traininj of employees will include review of Federal. State, County and Local resulations for safety (e.g. OSHA). Company will audit existing customer lists. Company will supervise delivery of containers for residential waste and rec}cling and commercial waste collection. .. B. Managing Program, Company will manage the day-to-day operations of the municipal automated residential and commercial solid waste, on call residential bulky waste and recycling program. Company will provide professional personnel to manage the operation of the program not limited to, but including proper disposal and management of solid waste, green waste and holiday tree collection. Company will supervise City employees directly involved in the collection of residential and commercial waste and recyclable materials (e.g. dispatch operator, drivers and office personnel). Company will design manage and update educational programs for residential recycling. Company will supervise customer service for the residential and commercial solid waste and recycling program. Company will supervise the maintenance of all vehicles utilized in the waste and recycling program for the Ciry. Company will assist City in planning new waste and recycling programs for the City. Company will assist City in implementing a recycling program for City departments, which will include the research and development of a commercial recycling program for the City. Company agrees to implement all requirements of the City's Source Reduction and Recycling Element (S.R.R.E.) and Household Hazardous Waste Element (H.H.W.E.) and to develop new requirements, as needed in order to cause the City to be in compliance with AB 939. Company shall utilize its best efforts in ensuring that the City maintains an economically feasible solid waste management and recycling program. Company shall report to the City Manager or his designee. 2. Monthly fee and incentive Compensation. City shall pay Company Seven Percent {7.0%) of current Gross Revenues from the Solid Waste and Recycling agreement per month from September 10. 2001 until the commencement of residential service schedule to begin January 01, 2003. Effective January O1, 2003, City shall increase payment to Company to Ten Percent (10.0%) of Gross Revenues from the new Solid Waste and Recycling Revenues collected. There shall be no increase in fees until the residential and commercial program begin. All pa}~ment by the City shall be made on the 15` day of each month. Compan}~ estimates that the City should have net annual income of not less than Ten Percent (10.0°ro) of the total amount collected after expenses for the planned municipal waste and recycling services. In the event Gross Revenues exceed expenses by more than Ten Percent (10.0%), City shall pay Compam Ten Percent (10.0°ro) of the excess Revenues above said estimate. 3. Terms. The term of this agreement shall be Ten (] 0) years from September ] 0, 2001to September 9, 20I 1. 4. Change in Operation. In the event that the City determines that it no longer desires to operate a ~ti•aste and recyciin~ program, changes have occurred in the waste/recycling industn or the City believes it can no longer provide an economically feasible waste and recycling program due to factors including, but not limited to, the closure of the Puente Hills Land Fill, increase in tipping fees, decrease in recyclable revenues, the need for the City to utilize the location of the waste and recycling facilitti~ for other municipal purposes, the need to purchase additional vehicles or equipment or the increased fees necessary to provide the services to the residential and commercial users, then Company shall have the first option of directly providing the residential and commercial solid waste and recycling services for City for a term to be negotiated but, not more than the remaining term of this agreement subject to its provisions and any other terms or conditioned that shall be negotiated in good faith by both parties in exchange for the exercise of the option by Company. 5. Hazardous Waste Inspection and Reporting. City has the duty to inspect, and Company has the responsibility to supervise and train staff to property inspects Commercia!/Residential Solid Waste put out for collection and to reject CommerciaVResidential Solid Waste observed to be contaminated with Hazardous Waste. Should Company find, observe or become aware of reportable quantities of Hazardous Waste put out for collection with CommerciaVResidential Solid Waste, Company shall notify the City and direct and assist the City's efforts so that the City may meet its duty to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and local emergency response providers and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed in residential solid waste observed or collected anywhere within the City. In addition to other required notifications, if Company observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Company shall notify the City Manager, or the City Manager's designee immediately. 6. Hazardous Waste Diversion Records. Company shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Commercial and Residential Solid Waste and which was inadvertently collected from service recipients within the City, but diverted from land filling. 7. CERCLA Defense Records. Company shalt maintain data retention and preservation systems, which shall be adequate to enable City to establish where solid waste collected in the City was land filled (and therefore establish where it was not land filled). 8. Compliance. Company is charged with the responsibi[ity of ensuring that the City is in compliance with all the applicable laws, including implementing regulations and elements, as they, from time to time, ma}~ be amended specifically including, but not limited too the provisions of tl~e laws governing the safe collection, transport, recycling and disposal of Commercial/Residential Solid Waste, including the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§40,000 et. Seq., the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. §§ 690 ] et seq. And the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. section 9601 et seg 9. General Provisions. 9.1 Attorney's Fees. If a party commences or is made a party to a lawsuit, arbitration or other legal proceeding (hereinafter "proceeding") to enforce or interpret this agreement, or to obtain a declaration of rights under this agreement, the prevailing party in such proceeding shall be entitled to recover from the other party reasonable attorneys' fee and costs incurred with such proceeding, including without limitation any appeal or enforcement of any judgment or order rendered in such proceeding. 10. Notices. All notices, request, demands and other communication under this agreement shall be writing and shall be deemed duly given (i)on the date of delivery if personally delivered, (ii) one business day after delivery by overnight courier, facsimile or telegram, or (iii) three business days after mailing if mailed first-class mail, postage prepaid, to the parties at their regular business addresses or such address designated from time to time in writing by such party to all other parties. 11. Amendments and Waiver. This Agreement may be amended only by a written agreement signed by all parties to this agreement. Waiver of any provision of this agreement shall not be deemed or constitute a waiver of any other provisions, nor shall such waiver constitute a continuing waiver. 12. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the parties and their respective heirs, benef ciaries, legal representatives, successors and assigns. 13. Counterparts. This agreement may be executed in any number of counterparts, all of whom together shall constitute a binding agreement, and each such counterpart shall be deemed an original instrument. 14. Governing Law and Severability. This agreement shall be governed by and construed under the laws of the State of California, without regard to its conflicts of law principles. If any provision of this agreement is invalid or unenforceable, such provision shall (i) be modified to the minimum extent necessary to render it valid and enforceable, or (ii) if it cannot be so modified, be deemed not to be a part of this agreement and shall not affect the validity or enforceability of the remaining provisions. 15. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter set forth herein and supersedes all previous oral and written agreements, communications, representations or commitments. 16. Further Instruments. The parties agree that they will execute such other and further documents that are or may become necessary or convenient to carry out and consummate the transaction contemplated by this agreement. 17. Time. Time is of the essence under this agreement. 18. Authority to sign. Each person signing this agreement hereby represents and warrants that they have the authority to do so and that this agreement binds the corporation or city for which they are signing this agreement. 19. Relationship of Parties. The City and Company intend that Company shall perform the services required in this Agreement as an independent contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with city. 20. Business License. Company shall be required to obtain a business license in order to conduct business in the City of Lynwood. 21. Reports. Company shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated, and beginning with the month of April 2003 following the implementation of the program: 1. Monthly Reports. Monthly Reports shall be submitted to City, in a format acceptable to City, including by disc or as an attachment to e- mail, at City's option, if requested by City. The monthly report shall show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. A computer disc with a copy of the customer complaint log shall be submitted with the monthly report, if requested by City. 2. Quarterly Reports. In addition to providing a quarterly summary of the monthly reports, Quarterly Reports shall include the following: a. Recyclable Solid Wastes• (1) A statement showing, by type of material, tons received during the month and tons marketed during the month. (2) A report providing recycling information and the number of Residential service recipients participating. (3) A narrative description of problems encountered and actions taken. This is to include a description of tons rejected for sale, if any, after processing (type of material, tonnage), reason for rejection and Company's disposal method for the rejected material. (4) A report of recycling program promotional activities, including materials distributed by City to its service recipients. Hazardous Waste Diversion Reports• A copy or summary of the records required by SECTION 8 above. c. Certification: Company shall provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. 3. Failure to Report. The refusal or intentional failure of Company to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Company in such report shall be available to the City under the Agreement. ... •~. 22. Assignment. The performance of this contract shall not be subleased, assigned, hypothecated or sold by Company. Any attempt to sublet, assign, hypothecate or sell this contract or any interest in it without the written approval of the City shall be deemed void. 23. Reporting Adverse Matters. Company shall provide Cit}~ three copies (one each to the City Manager, the Finance Director and the City Attorney) of all reports, pleadings, applications, notifications, Notice of Violation, communications or other material relating specifically to company's performance of services pursuant to this Agreement, submitted by Company to, or received by Company from, the United States or California Environmental Protection Agency, the California Integrated Waste Management board, the Securities and Exchange Commission or any other Federal, State or County agency, including any federal or state court. Copies shall be submitted to Citti simultaneously with Company's filing or submission of such matters with said agencies. Company's routine correspondence to said agencies need not to be routinely submitted to City, but shall be made available to City upon request. 24. This Agreement is hereby approved with the understanding by both parties that specific provisions relating to the impiementation of the refuse collection program and any other provisions deemed appropriate and agreed upon by the City and Company within the next Sixty (60) days-have yet to be finalized and, upon completion shall, by amendment, be attached hereto and incorporated herein by reference as an exhibit. .. CITY OF LYNWOOD DATE: RALPH W. DAVIS, III CITY MANAGER THOMAS AND ASSOCIATES DATE: BEVAN THOMAS PRESIDENT/CEO LYNWOOD CITY COUNCIL SPECIAL MEETING SEPTEMBER 6, 2001 The City Council of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 4:30 p.m. Mayor Richards presiding. Councilmen Reyes, Sanchez and Richards answered the joint roll call for all agencies. Councilman Byrd and Rea were absent. Also present were City Manager Davis, City Attorney Thever, City Clerk Hooper, and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE It was moved by Councilman Reyes, seconded by Mayor Pro Tem Sanchez to recess for thirty (30) minutes. Councilman Rea arrived at 4:55 p.m. Council reconvened at 5:00 p.m. PUBLIC ORALS COMMUNICATIONS Item #4: UPDATE ON THE NATATORIUM REHABILITATION PROJECT Yadi Farhadi gave the City Council an update on the Natatorium Rehabilitation Project, also stated to expedite the completion of this project, staff recommends an appropriation of additional funds of $150,000.00, and can be utilized from the Park Bond Per Capita Grant. Also stated that the Natatorium Rehab Project will be completed by October 15, 2001, and the Grand Opening is schedule to be held on October 27, 2001. Councilman Byrd arrived at 5:30 p.m. It was moved by Councilman Rea, seconded by Mayor Pro Tem Sanchez to appropriate an additional $200,000.00 from the Park Bond Per Capita Grant for the completion of the Natatorium Rehab Project. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE SUBSEQUENT NEED ITEM: tt was moved by Councilman Reyes, seconded by Councilman Byrd and carried to hear the Subsequent Need Item in a Joint Closed Session. • Century Sheriffs Station ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE CLOSED SESSION Item #6: Closed Session With respect to every item of business to be discussed in Closed Session Pursuant to Section 54956.9: A -CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION B - LYNWOOD vs. WASTE MANAGEMENT INC. C -CITY OF LYNWOOD vs. CAL TRANS It was moved by Councilman Reyes, seconded by Councilman Byrd and carried to recess to Joint Closed Session at 5:40 p.m. Council reconvened at 7:10 p.m. City Attorney stated Council met on the aforementioned matters and stated on: A - No reportable action B - No reportable action C -Bring Back Item #5: SUPPLEMENT NUISANCE ABATEMENT, RECYCLING AND REFUSE SERVICE MANAGEMENT Councilman Reyes stated he does not agree with the extension of the Thomas and Associates Contract, stated he has never seen the contract and would like to see the contract and review it first before making any decisions. Councilman Rea stated he would alsc like to wait and review all documents before making any decision. Mayor Richards stated he is satisfied with the Thomas and Associates Contract and he would like to extend the contract. It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez to extend and amend the Thomas and Associates Contract with negotiations and terms only. ROLL CALL: AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: REA, REYES ABSTAIN: NONE Mayor Pro Tem Sanchez left at 7:30 p.m. ADJOURNMENT Having no further discussion, it was moved by Councilman Byrd, seconded by Councilman Reyes and carried to adjourn the meeting at 7:35 p.m. Paul H. Richards, II, Mayor Andrea L. Hooper, City Clerk RESOLUTION N0. 2001.133 A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD AND JACKSON AND ASSOCIATES WHEREAS, The City of Lynwood is a general law city located in the County of Los Angeles, and organized and existing under and by virtue of the laws and constitution of the State of California; and WHEREAS, The City and Agency receive several thousand complaints a year and approximately twenty percent of those complaints relate to code violations and there are numerous more violation that remain unreported and a proactive inspection program is needed; and WHEREAS, The City needs assistance to address commercial nuisance abatement; and WHEREAS, Consultant, has proved expertise in the areas of abatement and mitigation, and we have seen an increase in the quality of life, economic vitality and public safety as a result of the proactive program. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LYNWOOD, STATE OF CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Sect= That,the City Council authorizes the Mayor to execute the attached agreement. Section 2. That this resolution shall take effect immediately upon its adoption. PASSED, APPROPED AND ADOPTED this 26~' d f October, 2001. PAUL H. RICHARDS, t , OR ATTEST: ANDREA L. HOOPER, CITY LERK RAL . DA ,~ II, CITY MANAGER APPROVED AS TO FORM: c aTTo STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. 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 26'" day of October, 2001. AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: COUNCILMAN REYES ABSENT: COUNCILMAN REA ABSTAIN: NONE ANDREA L. HOOPER, CITY CLE K STATE OF CALIFORNIA COUNTY OF LOS ANGELES } SS. 1, 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. 9[10] ~ ~~ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 26'" day of October, 2001. ANDREA L. HOOPER, CITY CL RK AGREEMENT FOR CONSULTING SERVICES BY AND AMONG THE CITY OF LYNWOOD, THE REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, AND JACKSON & ASSOCIATES This agreement, ("Agreement") entered into this 6`~ day of September, 2001, is made by and among the City of Lynwood (hereinafter referred to as "City"), the Lynwood Redevelopment Agency (hereinafter referred to as "Agency") and Jackson & Associates (hereinafter referred to as "Consultant"), collectively referred to as the "Parties." RECITALS WHEREAS, on October 22"d 1999, the City entered into atwo-year agreement for nuisance abatement and mitigation services; WHEREAS, the City and Agency receive several thousand complaints a year and approximately twenty percent of those complaints relate to code violations and there are numerous more violation that remain unreported and a proactive inspection program is needed; and WHEREAS, the City needs assistance to address commercial nuisance abatement; and WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles, and organized and existing under and by virtue of the laws and constitution of the State of California; and WHEREAS, Consultant, has proved expertise in the areas of abatement and mitigation, and we have seen an increase in the quality of life, economic vitality and public safety as a result of the proactive program; and WHEREAS, the City and Agency wish to make use of services such as these by the Consultant. NOW, THEREFORE, the City, Agency, and Consultant do agree as follows: I. Services. Consultant shall provide, to the City's satisfaction, the services detailed in Attachment A (the "Scope of Work") according to the timeline set forth in the Scope of Work. Time is of the essence in providing these services A. Business License. Consultant shall be required to obtain a business license in order to conduct business in the City of Lynwood. II. Term of Agreement. The Agreement shall commence effective on the date of its approval by the City Council on September 6, 2001 and end September 30, 2011. The Agreement maybe extended for additional Six (6) Month periods by mutual written agreement of the Parties. III. Payment for Services. In consideration for performing, to the City's satisfaction, in accordance with average reasonable industry standards, the services detailed in the Scope of Work, the City shall compensate Consultant in the amount specified in Attachment B (the "Budget"). A. Status of Consultant :Not Employee of City. Consultant is not, for any purpose, an employee of the City. Nor is consultant entitled to any benefits, entitlements, or status of a City employee. B. Exclusion of Administrative Costs. The City has no liability or responsibility to Consultant for the payment or reimbursement of any costs or expenses incurred by Consultant or any of its employees, agents, or subcontractors in performing its obligations under this Agreement. City shall be responsible for payment or reimbursement of related expenses related to the performance of duties under this agreement. The City shall reimburse the Contractor for all work authorized by the City Manager or his designee. Any such payments or reimbursements shall be in accordance with laws and policies governing the City. IV. Satisfaction. Consultant shall, using all reasonable and due care and skill in accordance with average reasonable industry standards, perform to the City's satisfaction each and every obligation described either in this Agreement or in the attached Scope of Work. The City shall use reasonable judgment in determining whether a given obligation or obligations have been performed in a satisfactory manner. V. Pro ess Reports. Consultant will provide monthly written progress reports to the City concerning its fulfillment of its. obligations under the Agreement and the Scope of Work. Each such report shall describe in detail: A. What work has been performed by Consultant, their employees, agents, and any subcontractors on the specific tasks listed in the Scope of Work; B. How this work relates to completion of the overall project; C. When the work on each such task was begun and completed (or is anticipated to be completed); and D. Any practical, financial, or legal difficulties Consultant has encountered or is encountering in performing any such work. The first report shall be presented to the City month after the date of execution of this agreement. Subsequent reports shall be prepared and sent to the City every month thereafter. VI. Right to inspection, audit, and to oversi~generally. The City shall have the right, at any time, and with as much or as little advance notice, if any, that it chooses to provide, to inspect the work and work product of, and other activities undertaken by, Consultant 2 pursuant to this Agreement. Accordingly, Consultant shall keep all books, records, and other documents and other materials relating to Consultant's performance of its obligations under the Agreement in a readily accessible place at its business offices, and shall make these materials available to representatives of the City, upon written demand at the time and place designated by the City. The time shall be during Consultant's normal business hours and the place shall be either consultant's normal place of business or the Office of the City Manager. VII. Representatives of the Parties: Service of notices. The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows: A. The principal representative of the City is: Mr. Ralph W. Davis, III, City Manager Lynwood City Hall 11330 Bullis Road Lynwood, CA 90262 B. The principal representative of Consultant is: Ms. Laverne Jackson Jackson & Associates P.O. Box 4651 Cerritos, CA 90703 Formal notices, demands and communications to be given to either party must be in writing and maybe effected by personal delivery, mail, or electronic mail. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice must be given within five (5) working days of that change. VII. Attomey Fees. If a party commences or is made a party to a lawsuit, arbitration or other legal proceeding (hereinafter "proceeding") to enforce or interpret this agreement, or to obtain a declaration of rights under this agreement, the prevailing party in such proceeding shall be entitled to recover from the other party reasonable attorneys' fee and costs incur ed with such proceeding, including without limitation any appeal or enforcement of any judgment or order rendered in such proceeding. IX. Termination. A. Termination for Material Breach Either party may terminate this Agreement for material breach by the other of its obligations under this Agreement, upon thirty (30) days prior written notice to the breaching party identifying such 3 breach; provided, however, that the breaching party shall be given the opportunity to cure the breach within such thirty (30) day notice period. B. Termination by City Without Cause. Notwithstanding anything in this Agreement to the contrary, City may terminate this Agreement at any time without cause upon thirty (30) days prior written notice to Company. In such event, City promptly shall pay Company all amounts due and owing to Company for services rendered hereunder as of the date of termination, and shall pay the balance of the total fees, expenses and compensation that City would have paid to Company for the remainder of the Term at such times as aze set forth in the Agreement or at such other time (s) as maybe mutually determined between the parties. X. Independent Contractor. Consultant is an independent contractor and has no power or authority to incur any debt, obligation, or liability on behalf of the City. XI. Liability for obligations to employees agents subcontractors or other third~arties• indemnity. Consultant declazes that Consultant, and not the City, is exclusively liable for full payment of all consideration and settlements owed to its employees, agents, to any of its subcontractors, or to any other third parties in connection with work performed in connection with this Agreement. If the City is ever declazed by a court of competent jurisdiction to be liable for any such consideration or settlements, Consultant agrees to immediately indemnify the City for the full amount of the consideration or settlement owed, as well as for all attorneys' fees and other administrative expenses incurred by the City in connection with the claim, court case, or related or similaz proceedings. XII. Personnel. A. Supervision. All services to be performed under this Agreement will be performed by Consultant, or under Consultant's direct supervision. B. Assignment and Subletting. The performance of this contract shall not be subleased, assigned, hypothecated or sold by either party without the prior written consent of the other party which shall not be unreasonably withheld. C. Responsibility. Consultant is solely responsible for the satisfactory work performance of all of consultant's employees, agents, representatives, successors, and assignees, engaged in performing services required by this Agreement, and for compliance with all performance standards specified by the City. XIII. Indemnification. Consultant shall indemnify, defend, and hold harmless the City, its officers, employees, agents, affiliates, and assignees, for all claims, losses, damages or liabilities of any kind, including legal fees, resulting from the willful or negligent acts, 4 errors or omissions of Consultant or its officers, employees, agents, affiliates, assignees, subcontractors; or from Acts of God. XIV. Insurance. Consultant shall, at its expense, maintain in effect at all times during the term of this Agreement and any extension thereto, all insurance a consultant must have by law. XV. Compliance with Civil Rights Act and other applicable laws. Consultant certifies that it is in compliance with all applicable nondiscrimination provisions of the Civil Rights Act of 1964 and all other applicable State and Federal civil rights statutes and regulations. _ XVI. Entire Agreement and Amendments. This Agreement consists of this document and the attached Scope of Work and Budget. It supersedes all prior proposals, agreements, and understandings between the parties, including any and all previous agreements, and amendments or attachments thereto, between the parties which were terminated, suspended, or otherwise discontinued for any reason, and any demands, assertions of right, or proposed or accepted concessions or settlements made by any party in relation to any such agreements. Execution of this agreement by the parties extinguishes, now and forever, any claims which either party may have or have had respecting any such previous agreements or amendments or attachments thereto. This agreement may not be terminated or modified orally. This agreement maybe amended only by a written agreement signed by all parties to this Agreement. Waiver of any provision of this agreement shall not be deemed to constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver. No attempted waiver of any of the provisions of this Agreement, not any modification in the nature, extent, or duration of Consultant's obligations hereunder, will be binding unless in writing and signed by the party against whom the same is sought to be enforced. XVII. Severabilitv. In the event that any portion or portions of this agreement are found by a court of competent jurisdiction to be unenforceable, it is the desire of both the City and Consultant that the rest of the agreement continue in force. XVIII. Resolution of disputes. Disputes regarding the meaning of this Agreement or concerning the obligations of the parties hereunder shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. For information regarding Attorneys Fees see Section VIII. XIX. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, beneficiaries, legal representatives, successors and permitted assigns. ~.. ,~-., XX. Governing Law. This Agreement is to be governed by the laws of the State of California. XXI. Conflict of Interest. A. Restrictions on City. No officer, member or employee of the City or another public official of the governing body of the locality or localities in which any work is being carried out pursuant to this Agreement, and who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall: 1. Participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he has, directly or indirectly, any interest; or 2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter. B. Restrictions on Contractor. The Contractor hereby covenants that he has, at the time of the execution of this Agreement, and that he shall not acquire at any time in the future, any direct or indirect interest, which would conflict in any manner or degree with the performance of services required to be undertaken pursuant to this Agreement. The Contractor further covenants that no person having any such conflict of interest shall be employed in any way in the performance of any work pursuant to this Agreement. The Contractor further warrants, by execution of this Agreement, that no personnel agency has been employed or retained or solicited to secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingency fee, excepting bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warrant, the City shall have the right to do, in its discretion, any or all of the following: 1. Annul this Agreement without liability; or 2. Deduct from this Agreement without liability. Dated: October , 2001 6 ~. FOR THE CITY OF LYNWOOD: ~- Hon. Paul H. Richazds, II Mayor City of Lynwood au~..~ Ralp avis, Executive Director Lynwood Redevelopment Agency Attest: Andrea L. Hooper City Clerk Approved as to form: .e~,~. K. Thev Attorney Laverne Jackson G Jackson & Associates 7 FOR CONSULTANT: ....., ATTACHMENT A SCOPE OF WORK The following Scope of Work is an overview of the services that will be provided by the Consultant. However, more specific detail and assignments will be given during the required meetings with staff. I. Consultant shall conduct independent inspection of all areas of the City, including but not limited to, right of ways, parks, lots, alleys, and vacant properties. II. Consultant shall assess conditions and prepare reports concerning sites and areas inspected. III. Consultant shall make recommendations as to how any adverse conditions can be abated or mitigated. N. Consultant shall upon the approval of the City Manager or his designee, undertake steps to abate or mitigate said adverse condition. 8 ~~"~ `+,, ATTACHMENT B BUDGET Parties agree that Consultant shall be compensated at a base rate of $5,000 per month for inspection and reporting services. In addition, Consultant shall be compensated for any additional abatement and mitigation work authorized by the City Manager or his designee. The City Manager hereby is authorized to approve additional abatement and mitigation work by consultant in an amount not to exceed $5,000 per calendar week. The lead time for processing invoices for inclusion on the warrant list of the City is governed by the rules and regulations established by the City's Finance and Administration Department. Payments will be processed and paid in accordance with the rules, regulations and schedules established or revised by the said Finance Department. Consultant shall be responsible for all costs and expenses of services rendered to the City, including, all costs of equipment provided by consultant, all fees, fines, Iicenses, bonds or taxes required or imposed against consultant. City shall be responsible for payment or reimbursement of related expenses related to the performance of duties under this agreement. The City shall reimburse the contractor for all work authorized by the City Manager or his designee. Any such payments or reimbursements shall be in accordance with laws and policies governing the City. City is neither obliged to accept nor pay for any part of Consultant's services unless City and in accordance with average reasonable industry standards, is satisfied with Consultant's performance. 9 INTER-OFFICE MEMO DATE: December 13, 2001 TO: Honorable Mayor and Members of the Ci Council Ltd _ FROM: Ralph W. Davis III, City Manager "~ BY: Joseph Wang, Public Works Director Grant Taylor, Senior Planner SUBJECT: Review of Exclusive Negotiating Agreement (ENA) and Lease Agreements with Regency Outdoor Advertising, Inc., and to review General Plan Amendment No. 2001-02 and Zone Change No. 2001-02. PURPOSE: For the City Council to review an Exclusive Negotiating Agreement (ENA) and two (2) lease agreements with Regency Outdoor Advertising, Inc., and to review General Plan Amendment No. 2001-02 and Zone Change No. 2001-02 pertaining to a project proposal by Regency Outdoor Advertising, Inc. to install billboards. BACKGROUND On November 6, 2001 the Lynwood City Council approved an ENA, two (2) lease agreements and a Mitigated Negative Declaration for Regency Outdoor Advertising Inc. On November 13, 2001 the Lynwood Planning Commission approved General Plan Amendment No. 2001-02 that amended the land use designation from Transportation to Commercial. In addition, the Lynwood Planning Commission approved Zone Change No. 2001-02 that changed the zoning from "no zone" to C-2 (Light Commercial). The subject properties are excess Caltrans parcels being purchased by the City of Lynwood that begin at the southeast corner of Atlantic Avenue and Fernwood Avenue and run east to the southwest corner of Atlantic Avenue and Fernwood Avenue. The Planning Commission certified a Mitigated Negative Declaration. On November 20, 2001 the Lynwood City Council adopted a Resolution approving General Plan Amendment No. 2001-02. In addition, the City Council introduced an ordinance for first reading approving Zone Change No. 2001-02. On November 26, 2001, at an Adjourned Regular Meeting, the City Council adopted an ordinance for second reading approving Zone Change No. 2001-02. DISCUSSION The project is to install a maximum of thirteen (13) billboards north of and adjacent to the I-105 (Century) Freeway from Alameda Street to Atlantic Avenue. The Outdoor Advertising Act requires that any billboard located within six hundred feet (600 of a State Highway shall receive a permit from Caltrans prior to installation. The attached location maps identify the proposed billboard locations. The General Plan Amendment received final approval on November 20, 2001. State Law requires a City Council Resolution and a public hearing. The Zone Change ordinance received approval of second reading and adoption on November 26, 2001 and~vvitf-nc~ .____„~ become law until thirty (30) days after second reading on December 26, 20Q1. H:\WORDFILE\PLANNING\STAFFRPT\memo.regency.reconsider.doc 1 Presently, the applicant has received plan check approval for three (3) billboards to include sites A, 1 and 2. The City has not received approved Caltrans permits from Regency nor issued building permits for such billboards. Regency Outdoor Advertising Inc. has submitted a check in the amount of $60,000.00 for the ENA. RECOMMENDATION Staff respectfully recommends for the City Council to take the following actions: 1) Review the existing Exclusive Negotiating Agreement with Regency Outdoor Advertising, Inc.; and 2) Review the existing two (2) lease agreements with Regency Outdoor Advertising, Inc.; and 3) Review General Plan Amendment No. 2001-02; and 4) Review Zone Change No. 2001-02; and 5) Ascertain from the Interim City Attorney his recommendation for a course of action that the lease agreements be rescinded and that the general plan amendment and zone change also be rescinded, and direct the Interim City Attorney to prepare the necessary documentations) to rescind such agreements and land use entitlements if the City Council approves the proposed action from the Interim City Attorney; and 6) Direct staff as to the City Council's policy actions on these matters. Attachments: • Location Maps • City Council Report, ENA, lease agreements and mitigated Negative Declaration dated November 6, 2001. • Planning Commission report, general plan amendment, zone change and Mitigated Negative Declaration dated November 13, 2001. • City Council report, general plan amendment resolution and zone change ordinance dated November 20, 2001. • City Council report and zone change ordinance dated November 26, 2001. H:\WORDFILE\PLANNING\STAFFRPT\rnemo.regency.reconsidecdoc 2 EXHIBIT 1 LOCATION MAR GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ' ZONE CHANGE N0.2001-02 "No Zoning" to C-2 (Light Commercial) M ~~ -' iii ~. RJ 7 n P. ~~D''''[[''~~ t-l..lR A N ~D '` ^` ~c N o. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 North of and adjacent to the I-105 (Century) Freeway from Address: Southeast corner of Imperial/Fernwood east to Southwest corner Atlantic/Fernwood. plicant Name: City of Lynwood ~ =_ 300' or [ ] 500' Radius Map tXHIBIT 2 LOCATION MAP GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ZONE CHANGE N0.2001-02 "No Zoning" to C-2 (Light Commercial) GUARD R, ~Ra Rs Q Rt ~ R.x ~ n~ R] c~ R2 Rt R, RZ C IR Rt ~' vt c E D .p ~M~~ L R., R ~ venu R7 R, R2 R1 ca R1 R, vt R, Walnut R' R, '" ~~ Avenue R1 Rt Rt RI ~- Rt Rt ~~ R, Rt R1 R] p] c~ Rt R1 R1 c' ] c ~ R, R] Rt Pt R2 ` R, Cortland"' y R, R ] Sq~ tit "17;1-'~c . ~~t_ 5 c [ c' R J 9 ~ P l ~ ~ T R2 ~ R2 R1 No. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 Nort o an a ~acent o e - AddreSS:Southeast corner of Imperial/Fernwood east to Southeast corner Atlantic/Fernwood licant Name: City of Lynwood 300' or [ ] 500' Radius Map INTER-OFFICE MEMO DATE: November 26, 2001 TO: Honorable Mayor and Members of the City Council FROM: Joseph Wang, Public Works Director/City Engineer BY: Grant Taylor, Senior Planner SUB]ECT: Zone Change No. 2001-02 DISCUSSION Staff is requesting approval of the attached Ordinance for second reading and adoption. The Ordinance would approve Zone Change No. 2001-02, to rezone seven (7) excess Caltrans parcels along and adjacent to the north side of the I-105 (Century) Freeway, between the southeast corner of Imperial Highway and Fernwood Avenue to the west; running east to the southwest corner of Atlantic Avenue and Fernwood Avenue. The zone change would be from "no zoning" to C-2 (Light Commercial). Attached for City Council consideration are Exhibits 1 and 2 identifying the zone change areas. The City proposes a project to install thirteen (13) billboards along the north side of the I-105 Freeway from Alameda Street to Atlantic Avenue. RECOMMENDATION Staff respectfully recommends that the City Council approve the attached Ordinance for second reading and adoption, approving Zone Change No. 2001-02. ' Attachments: 1. Location Map (Exhibit 1) 2. Location Map (Exhibit 2) H:IWORDFILE\PLANNING~STAFFRP'llgpaandzacoucil2ndreading.doc 1 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2001- 02 WITH RESPECT TO EXCESS CALTRANS PARCELS LOCATED ALONE AND AD,ACENT TO THE NORTH SIDE OF THE I-105 {CEPITURY) FREEWAY, BEGINNING AT THE SOUTHEAST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE, RUNNING EAST TO THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND FERNWOOD AVENUE. THE ZONING DESIGNATION WOULD BE AMENDED FROM "NO ZONING" TO C-2 {LIGHT COMMERCIAL). WHERAS, the City Council of the City of Lynwood did pursuant to law, conduct a public hearing on November 20, 2001 on a proposed Zone Change regarding the above- identified properties; and WHEREAS, the City Council of the City of Lynwood carefully considered all documentation presented as well as oral and written communication from the public regarding the proposed zone change; and WHEREAS, the Community Development Department has determined that the zone change may have a significant effect on the environment, however, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the City Council has determined that a C-2 (Light Commercial) zoning designation of above-identified properties would be consistent with the Goais and Policies of the Lynwood General Plan; and 1 WHEREAS, the Lynwood Planning Commission, on November 13, 2001, certified the Mitigated Negative Declaration, adopted Resolution 2852 and approved Zone Change No. 2001-02. Section 1. The Lynwood City Council hereby finds and determines as follows: A. The Zone Change will be consistent with the objectives, goals and the development policies of the City of Lynwood. B. The Zone Change would provide the City with an opportunity to obtain tenant landlord revenue, sales taxes, and/or franchise fees. C. The Zone Change will not adversely affect the General Plan and is consistent with the goals and policies in the Lynwood General Plan. D. The Zone Change is would be compatible with surrounding land uses and zoning designations. E. The existing infrastructure is adequate to support the Zone Change and appiicable project. H~~WORDFlLEIPLMIN1NGUtESO5Vr200 E-02.ord.council.doc ,~.-, Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determination hereby approves Zone Change No. 2001-02, subject to Exhibit 1 and 2 attached hereto. Section 3. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2001 and adopted and ordered published at a regular meeting of said Council held on the day of , 2001. ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: SHAN K. THEVER, City Attorney H a WORDFl LE'.PLANNING~RESOSs2001-02.ord.couneil.doc PAUL H. RICHARDS II, Mayor City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO CONTENT: JOSEPH WANG, Public Works Director & City Engineer 2 ,.,^ STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 2001. AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this day of , 2001. City Clerk, City of Lynwood H:\ WORDFILEVPLANNINGVtESOS'zc2001-02.ord.muncil.doc 3 INTER-OFFICE MEMO DATE: November 20, 2001 TO: Honorable Mayor and Members of the City Council FROM: Joseph Wang, Public Works Director/City Engineer BY: Grant Taylor, Senior Planner SUBJECT: General Plan Amendment 2001-02 and Zone Change 2001-02 BACKGROUND The City of Lynwood has purchased seven (7) excess Caltrans parcels along the north side of the I-105 (Century) Freeway. The parcels purchased by the City begin at the southeast comer of Imperial Highway and Femwood Avenue; running east to the southwest comer of Atlantic Avenue and Femwood Avenue. Attached for City Council consideration are location maps with applicable surrounding zoning. (Exhibits 1 & 2) The excess Caltrans properties and other properties owned by the City of Lynwood provide the City with an opportunity to obtain tenant/landlord revenue and/or franchise fees. The City has been negotiating with Regency Outdoor Advertising and proposes a project to install thirteen (13) billboards along the north side of the I-105 corridor from Alameda Street to Atlantic Avenue. Such billboards would be two-sided, measure approximately 14' x 48', and be constructed in two (2) phases. The- area of the subject General Plan Amendment and Zone Change would provide for nine (9) billboards. On November 6, 2001 the City Council approved an Exclusive Negotiating Agreement, two (2) lease agreements, and a Mitigated Negative Declaration for the project. On November 13, 2001 the Lynwood Planning Commission certified the Mitigated Negative Declaration, adopted Resolution 2851 approving General Ptan Amendment No. 2001-02, and adopted Resolution 2852 approving Zone Change No. 2001-02. DISCUSSION Staff is requesting adoption of the attached Resolution approving General Plan Amendment No. 2001-02, to re-designate excess Caltrans parcels along and adjacent to the north side of the I-105 (Century) Freeway, between the southeast comer of Imperial Highway and Femwood Avenue to the west; to the southwest comer of Atlantic Avenue and Femwood Avenue to the east. The General Plan Amendment would change the land use designation from Transportation to Commercial. Staff is requesting introduction of the attached ordinance for first reading, approving Zone Change No. 2001-02, to change the zoning designations on the same parcels iderrtified above from "no zoning"" to C-2 (Light Commercial). Staff is recommending a C-2 zoning designation as billboards are not permitted in the CB-1 (Controlled Business) zone, and the C-2A (Medium Commercial) or C-3 (Heavy Commercial) may permit obtrusive and/or undesirable land uses in the future. The excess Caltrans properties were previously private properties within the City of Lynwood. In the late 1980's and early 1990's Caltrans obtained the properties through eminent domain for construction of the I-105 Freeway that removed approximately 1,200 residences and literally cut the City in half. H:~WORDFILE~PLANNINGLSTAFFRPTIgpazc2001-02.cameil.doc 1 The Outdoor Advertising Act requires State permits for any signs located within six hundred feet (600 of a State Highway. Caltrans has set forth several requirements that must be met for municipalities to receive permits to include: • Property must be zoned commercial or industrial; • Property must be located within a Redevelopment Project Area; • Property must be in possession of the City; Sites 1, 2, 3 and A (Exhibits 1 & 2) meet the above-identified Caltrans criteria. The City and tenant may move forward immediately with installation of billboards. The City is in the process of purchasing Sites 5, 6, 7, 8, 9 and 10 (Exhibit 2} from Caltrans. The City has forwarded payment and will formally gain ownership once Caftrans files "Director Deeds" with Los Angeles County. These sites also require a General Plan Amendment and a Zone Change. In addition, these sites are not currently located within a Redevelopment Project Area. Sites 4, B and C (Exhibit 1) are currently not owned by the City, require a General Plan Amendment and a Zone Change and are not located within a Redevelopment Project Area. ENVIR®NMENYAL REVIEW The Community Development Department has pertormed an Initial Study on the General Plan Amendment, Zone Change and applicable project and has determined that the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in the Initial Study have been added to the project. A NEGATIVE DECLARATION was prepared. RECOMMENDATION Staff respectfully recommends that the City Council open the public hearing, accept public oral and written testimony, certify the Mitigated Negative Declaration, adopt the attached Resolution General Plan Amendment No. 2001-02, and adopt the attached Ordinance for first reading approving Zone Change No. 2001-02. Attachments: 1. Location Maps (Exhibits 1 & 2) 2. Resolution (General Plan Amendment No. 2001-02) 3. Ordinance (Zone Change No. 2001-02) 4. Mitigated Negative Declaration 5. Initial Study 6. Environmental Documentation H:\WORDFILE\PLANNING~STAFFRPT~pazc2001-02.coimcil.doc 2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING GENERAL PLAN AMENDMENT NO. 2001-02 WITH RESPECT TO EXCESS CALTRANS PARCELS LOCATED ALONG AND AD]ACENT TO THE NORTH SIDE OF THE I-105 (CENTURY) FREEWAY, BEGINNING AT THE SOUTHEAST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE, RUNNING EAST TO THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND FERNWOOD AVENUE. THE LYNWOOD GENERAL PLAN LAND USE DESIGNATION WOULD BE AMENDED FROM TRANPORTATION TO COMMERCIAL. WHEREAS, the City Council of the City of Lynwood did pursuant to law, conduct a public hearing on November 20, 2001 on a proposed General Plan Amendment regarding the above-identifies properties; and WHEREAS, the City Council of the City of Lynwood carefully considered all documentation presented as well as oral and written communication from the public regarding the General Plan Amendment; and WHEREAS, the Community Development Department has determined that the proposal could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the City Council has determined that a Commercial land use designation of above-identified properties would be consistent with the Goals and Policies of the Lynwood General Plan. WHEREAS, the Lynwood Planning Commission certified the Mitigated .Negative Declaration, adopted Resolution 2851 and approved General Ptan Amendment No. 2001-02. Se i n The Lynwood City Council hereby finds and determines as follows: A. The General Plan Amendment will be consistent with the objectives, goals and the development policies of the City of Lynwood. B. The General Plan Amendment would provide the City with an opportunity to obtain tenant/landlord revenue, sales taxes, and/or franchise fees. C. The General Plan Amendment will not adversely affect the General Pian and is consistent with the goals and policies in the Lynwood General Plan. D. The General Pian Amendment is would be compatible with surrounding land uses and zoning designations. E. The existing infrastructure is adequate to support the General Ptan Amendment and applicable project. H~~WORDFl LEIPLANNING`JtESOS'rcso.gp.2001-02.council.doc i n 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations hereby approves General Pian Amendment No. 2001-02 subject to Exhib'~ts 1 and 2 attached hereto. Se i n The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to cause it to be published or posted as required by law. Passed, approved and adapted at a regular meeting of the City Council held on the day of .2001. ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: SHAH K. THEVER, City Attorney H:\ W ORDfl LEIPLANMNGVtESOShew.gpa2001-02.courcil.doc PAUL H. RICHARDS II, Mayor City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO CONTENT: JOSEPH WANG, Public Works Director City Engineer 2 ,~-. STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the C'tty of Lynwood, do hereby certify that the foregoing ordinance was passed, approved and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 2001. AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this day of , 2001. City Clerk, City of Lynwood H :IWORDF] LE~PLANMNGUtESOS~rao.apa2001-02.couneil.doc 3 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2001- 02 WITH RESPECT TO EXCESS CALTRANS PARCELS LOCATED ALON~a AND AD'ACENT TO THE NORTH SIDE OF THE I-105 (CEPITURY) FREEWAY, BEGINNING AT THE SOUTHEAST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE, RUNNING EAST TO THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND FERNWOOD AVENUE. THE ZONING DESIGNATION WOULD BE AMENDED FROM "NO ZONING" TO C-2 (LIGHT COMMERCIAL). WHERAS, the City Council of the City of Lynwood did pursuant to law, conduct a public hearing on November 20, 2001 on a proposed Zone Change regarding the above- identified properties; and WHEREAS, the City Council of the City of Lynwood carefully considered all documentation presented as well as oral and written communication from the public regarding the proposed zone change; and WHEREAS, the Community Development Department has determined that the zone change may have a significant effect on the environment, however, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the City Council has determined that a C-2 (Light Commercial) zoning designation of above-identified properties would be consistent with the Goals and Policies of the Lynwood General Plan; and WHEREAS, the Lynwood Planning Commission, on November 13, 2001,' certified the Mitigated Negative Declaration, adopted Resolution 2852 and approved Zone Change No. 2001-02. Section 1. The Lynwood City Council hereby finds and determines as follows: A. The Zone Change wiH be consistent with the objectives, goals and the development policies of the City of Lynwood. B. The Zone Change would provide the City with an opportunity to obtain tenant landlord revenue, sales taxes, and/or franchise fees. C. The Zone Change will not adversely affect the General Plan and is consistent with the goals and policies in the Lynwood General Plan. D. The Zone Change is would be compatible with surrounding land uses and zoning designations. E. The existing infrastructure is adequate to support the Zone Change and applicable project. H:~WORDFl LE~PLANNI NGVtES051tt2001-02.ordcouacd.doc 1 cti n 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determination hereby approves Zone Change No. 2001-02, subject to Exhibit 1 and 2 attached hereto. ecti n The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of .2001 and adopted and ordered published at a regular meeting of said Council held on the day of .2001. ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: SHAN K. THEVER, City Attorney PAUL H. RICHARDS II, Mayor City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO CONTENT: JOSEPH WANG, Public Works Director & City Engineer H ~\ WORDFl LEIPLANN INGUtESOS~xc2001-02.ord.council.doe 2 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 2001. AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this day of , 2001. City Clerk, City of Lynwood H:~ WORDFl LEIPLANN INGIRESOS'u2001-02.ordeoiorcil.doc 3 EXHIBIT 1 LOCATION MAP GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ZONE CHANGE N0.2001-02 "No Zoning" to C-2 (Light Commercial) ~~n,,., =~~~+' Gly OI LynwOOtl ~ Bountlary ~ ~~~~ ~• 1 ' / •/ ~ ( M 7 M ~~~'~'- ~~~~"a'~""""""~MARTIN LUTHER ~ iN JR BLVD ~ ~ L C] y C7 C7 ~^ C1 C7 C1 R1 C1 o~ ' C3 C2 CAA R7 P1 R7 ~( i '\ 7 R1 R~ R1 - R7 R~ C2A ZcT" R1 Q R~ R7~ R9 R7 C7A C1P R3 R0 A nu R2 R7 t Rp Ri C"~ R 2 iNCoL R a R t G~ ° R 3 R3 $ci'ioQ O R 7 siVC~ C 3 R1 R? R3 RJ -~ R1 Pt ca N C2 R1 v R/ R7 Rl R1 P7 2A c 7 c 7 FIRE DEPT. °' 1P c Z Pt R~ M f' CB1 CB1 Pt C M venu ~ R ~ ~p RJ & ~ LYNWOOD ~ °ej TOWNE Cej CBt CENTER r o P' R~= R 7 .r RJ a' CB7 Ct P1 R? Rz Rl RJ `0 . pt ^ R7 C CI4 n a R J /~ ~' Flower O R t RJ v RJ R1 RJ "'" a R. ~ CC Rs o R3 R~, N O Rt m` Rt m R3 At ~~ ' R7 use R y v c Rt R J t R~ R 3W" ~Se h~~e R 7 N ~ R, Q o Rt = ~ R i••••• „ t r N ? R~ R s n o i • Vq Me N •~ RJ R7 ~ • R7 ~ ~ • q ~~ O R •• y• ar Arenye• r R f N ; R3 R' 'r7 Rt Q 8t ~! ~ R t R~ w1 t7 Rr i o N N C o ~ > > N K7 '• c a V ~ Q HDA.. R 1 R. ., r M ~asc N o. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 North of and adjacent to the Z-105 (Century) Freeway from site AddreSS: Southeast corner of Imperial/Fernwood east to Southwest corner Atlantic/Fernwood. 4pplicant Name: City of Lynwood - _: ] 300' ar [ ] 500' Radius Map EXHIBIT 2 LOCATION MAP GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ZONE CHANGE N0.2001-02 "No Zoning" to C-2 (Light Commercial) GUARD R, R, ,-> R] R? Ra R2 R' ~ e] Rt Rt R' ~ IRE D R' R R t R t R t R t ~ ^ue MAR IN Li R1 R2 Rt ~t a R, Walnut R' R, } ] R, R, Avenue ~~ Rt R1 Rt Rt Rt Rt Rt R1 p~ a t Rt u Rt Rt Ir_ R1 C. R2 a ~ `-"'~ R1 R1 nt ~-,e R t R CortlandR t? R 1 R t @ R t ~ Iu~ R i ~~f c SII@ t ~v ~~ N 9 C 9 R1 R1 Rt~ 1 R1; t soRl~ll t' O RIt R7 R1 R1 J I I R1 m U pt 0 t R1 m Rt U R] eat t C8t nue R7 asc No. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 Nort o an a ~acent o e tte Address: Southeast corner of Imperial/Fernwood east to Southeast corner Atlantic/Fernwood pplicartt Name: City of Lynwood 300' or [ J 500' Radius Map City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, x289 NOTICE OF DETERMINATION To: County Clerk From: City of Lynwood County of Los Angeles Community Development Dept. 500 West Temple 11330 Bullis Road Los Angeles, CA 90012 Lynwood, CA 90262 SUBJECT: Filing of Notice of Determination in compliance with CEQA Guidelines Project Title: Advertising Signs: General Plan Amendment No. 2001-02 and Zone Change No. 2001-02. Lead Agency: City of Lynwood Project Location: North side of the I-105 (Century) Freeway between the southeast corner of Imperial Highway and Fernwood Avenue to the west; and Atlantic Avenue and Fernwood Avenue to the east; Lynwood, California 90262. Project Description: The project includes installation of nine (9) billboard advertising signs, double-faced, approximately seventy-five feet (75') in height, on seven (7) excess Caltrans parcels recently purchased by the City of Lynwood. The project requires the following zoning actions: General Plan Amendment No. 2001-02: Amend the General Plan Land Use Designation from Transportation to Commercial Zone Change No. 2001-02: Change the zoning designation from "no zone" to C-2 (Light Commercial) Notice of Intent: This notice is to advise that the City of Lynwood as1Lead Agency has approved the above-described Mitigated Negative Declaration. The Planning Commission certified on November 13, 2001, the City Council introduced on December 4, 2001 and the City Council adopted on December 18, 2001. The Planning Commission and City Council have made the following determinations regarding the above-described project. 1. The Project will not have a significant impact on the environment. 2. A Mitigated Negative Declaration was prepared for this Project pursuant to .the provisions of CEQA. 3. Mitigation Measures were made a condition of approval of this Project. 4. A Statement of Overriding Conditions was not adopted for this Project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at Lynwood City Hall Annex, 11330 Bullis Road, Lynwood, CA 90262, (310} 603-0220, Extension 326. Signature: Date: _ 1 Ur - ~~=~ Name/Title: Grant Taylor, Se Planner Date received for filing at County of Los Angeles: r City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, Extension 289 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title: Advertising Signs General Plan Amendment No. 2001-02 Zone Change No. 2001-02 Project Location: North side of the I-105 (Century) Freeway between the southeast comer of Imperial Highway and Fernwood Avenue to the west; and Atlatnic Avenue and Femwood Avenue to the east; Lynwood CA Applicants: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, Ext. 326 -office (310) 639-6957 -FAX Project Description: The project includes installation of nine (9) billboard advertising signs, double- faced, approximately seventy-five feet (75') in height, on seven (7} excess Cattrans parcels recently purchased by the City of Lynwood. The project requires the following zoning actions: GENERAL PLAN AMENDMENT N0.2001-02: Amend the General Plan Land Use Designation from Transportation to Commercial. ZONE CHANGE N0.2001-02: Change the zoning designation from "no zone" to C-2 (Light Commercial). Findings of Exemption: This project will not have an individual or cumulative adverse effect on fish and/or wildlife resources in that the Initial Study prepared in conjunction with the environmental review of the project nor the record of the proceedings for its approval identified any potential impacts to fish and game or such resources. Certification: I hereby certify that the lead agency has made the above findings of fact and that (based upon the initial study and public hearing record) the project will not individually or cumulatively have an adverse effect on wildlife resources, as _: defined in Section 711.2 of the Fish and Game Code. Prepared and file by: City of Lynwood Community Development D partment Signature: NamelTitle: rr'4..~"{' ~ ~ ~ ,~,~_ ~,~ Date: I ~'-- j~-~ H:wordlredeveip/lmorales/fishngam APPENDIX I Environmental Checklist 1) Project Title: Advertising Signs General Plan Amendment No. 2001-02 Zone Change No. 2001-02 2) Lead Agency Name and Address: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 3) Contact Person, Title and Phone Number: Grant Taylor Senior Planner (310) 603-0220, Ext. 287 4) Project Location: Excess Caltrans Property located on the north side of the I-105 (Century) Freeway, between the southeast comer of Imperial Highway and Femwood Avenue to the west; to the southwest corner of Atlantic Avenue and Fernwood Avenue to the east. 5) Project Sponsor's Name and Address: City of Lynwood Public Works Department 11330 Bullis Road Lynwood, CA 90262 6) General Plan Designation: Current: Transportation Proposed: Commercial 7) Zoning: Current: No Zoning Proposed: C-2 {Light Commercial) 8) Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project includes installation of nine (9) billboard advertising signs, double-faced, approximately seventy-five feet (75~ in height, on seven (7) excess Caltrans parcels recently purchased by the City of Lynwood. The attached location map identifies the proposed sites. '9) Surrounding Land Uses and Setting: (Briefly describe the project`s surroundings). The subject properties are vacant parcels along a transportation corridor, bounded by the I-105 (Century) Freeway to the south; Femwood Avenue then mixed density residential zones to the north; Atlantic Avenue to the east; and Imperial Highway to the west. 10) ag~e~ntg jnc~es whose approval is required: (e.g., permits, financing approval or participation State of California, Department of Transportation City of Lynwood Community Development Department 11330 BuUis Road Lynwood, CA 90262 NEGATIVE DECLARATION County Clerk County of Los Angeles 500 West Temple Street Los Angeles, CA 90012 RE: Negative Declaration for General Plan Amendment No. 2001-02 and Zone Change No. 2001-02. Project Name To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as General Plan Amendment No. 2001-02 & Zone Chan a No. 2001-02 located on excess Caltrans parcels purchased by the City on the north side of the I-105 (Century) Freeway between the southeast corner of Impenal Hishwav and Fernwood Avenue to the west and Atlantic Avenue and Fernwood Avenue to the east. The arcels currentl have no zonin designation. The project is briefly described as: ADVERTISING SIGNS: To rovide the Ci of L wood the o ortunit to obtain tenant/landlord revenue sales taxes and/or franchise fees b ennittin the installation of nine (9) billboard advertising suns double faced approximately seventy five feet (75'1 in height, on seven (7) excess Caltrans parcels purchased by the City of L wood General Plan Amendment No. 2001-02: Amend the General Plan Land Use Designation from Transportation ~ to Commercial. Zone Change No. 2001-02: Change the zoning from "no zoning" designation to C-2 (Light Commercial}. In accordance with the authority and criteria contained in the California Environmental Quality Act State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Department of Community Development of the City of Lynwood analyzed the project and determined that the project _: 'will not have a significant impact on the environment. Based on this finding, the Department prepared and hereby filed this NEGATIVE DECLARATION. A period of ten (21) calendar days from the date of this NEGATIVE DECLARATION was provided to enable public review of the project specifications and this document prior to action on the project by the City of Lynwood. A copy of the project specif cations is on file in the offices of the Department of Community Development, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603-0220, Extension 326. - __ _ h:\wordCklpWemmB{fo~y~SdK.doc Revved 07-27-98 It is the finding of the City of Lynwood that the project will not have a significant effect on the environment. The Mitigation Measures included in the attached Initial Study and the Findings set forth in Planning Commission Resolutions 2851 and 2851 reduce the possible impacts to insignificant levels. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate the project. B. The proposed project, as conditioned, would not have negative effects or have possible negative effects mitigated to a level of insignificance. C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the public health, safety or welfare. D. The granting of the General Plan Amendment and Zone Change will not adversely affect the comprehensive General Plan. E. The location of the project is in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the sites are located. F. The location of the project and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. G. The project will comply with each of the applicable provisions of this chapter, except for approved variances. This Document, the Notice of Determination, and Initial Study is being filed in duplicate. Prepared and filed by: The Department o Co unity Development BY: Grant Taylor, Se ' anner h: sword fiklp W rmng~foms~egd«.doc Reviled 07-27-9R Environmental Factors potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, NONE -Land Use and Planning -Population and Housing _Geologipl Problems .-.Water -Air Quality Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: Transportation/Circulation -Biological Resources -Energy & Mineral Resource -Hazards -Noise -Mandatory Findings of Significance ,-Public Services -Utilities & Service Systems -Aesthetics -Cultural Resources .-Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared, x I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as ' described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature GRANT TAYLOR, SENIOR PLANNER Printed Name/Title lm-lam o~ Date CITY OF LYNWOOD For Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supportE by the information sources a lead agency tdtes in the parenthesis following each question. A "No Impac answer if adequately supported if the referenced information sources show that the impact simply doE not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "R Impact" answer should be explained where it is based on project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-sits cumulative as well as project-level, indirect as well as direct, and construction .as well as operation impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EI. is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measure; has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect t, a less than signifignt level (mitigation measures from Section XVII, "Earlier Analyses," may be cross referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, ai effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D) Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to inrnrporate into the checklist references to information sources fo potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outsidf document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted shoudc be cited in the discussion. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. LAND USE AND PLANNING. Would the proposal: II. Potentially Signifcpnt Potentially Unless L~ Than Significant Mitigation Sign~(jq~ ~ Impact Incorporated Impact Impact a) Conflict with general plan designation or ~ zoning? (Source(s): ) Discussion: , The current general plan designation is industrial and there is no zoning designation as the property was previously excess Caltrans property that has been purchased by the Gty. A General Plan Amendment and zone cha t Pied to change both General Plan tD Commercial and the zoning to C-2 (Light Commercial). Public hean'ngs would be conducted before the Planning Commission and City Coundl Ad . vertising signs and a less intensive and obtrusive land use that a transportation system, transportation fatilities or transportation easement. b) Conflict with applicable environmental plans or polities adopted by agencies with jurisdiction _~ over the project:? ( } c) Be incompatible with existing land use in the vitinity? ( ) _~ d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts --~- from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low _~ income or minority community}? ( } POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed offitial regional or local popuiatron projections? ( ) _Xi~ b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in -~ an undeveloped area or extension of major infrastructure)? ( ) - c) Displace existing housing, espedally affordable housing? ( ) _ )OC ,,•, .-, Potentially Significant PotentiaiiY Unless Significant Mitigation L~ Than Significant No Impact inwrporabed Impact Impact III. GEOLOGIC PROBLEMS, Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) XX b) Seismic ground shaking? ( ) Discussion: There are no active fault zones in the vicinity of the subject properties. However, earthquakes or large magnitude coulc create seismic ground shaking. The adverting signs support structures would b i e withstand potential earthquake hazards as well as wind bearing and weight loads. eng neered and plan checked tc c) Seismic ground failure? ( ) ~_ d) Seiche, tsunami, or volpnic hazard? ( ) -~ e) Landslides or mudflows? ( ) ...245._ >7 Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) -~ g) Subsidence of the land? ( ) -.245._ h) Expansive soils? ( ) ~_ i) Unique geologic or physical features? ( ) _~ IV• WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) -2525_ b) Exposure of people or property to water related hazards such as flooding? ( ) _~ c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, ~_ dissolved oxygen or turbidity)? { ) d) Changes in the amount of surface water in any water body? ( ) _~ e) Changes in currents, or the rnurse or direction of water movements? ( } -~ ~_ t) Change in the quantity of ground water; either , through direct additions or withdrawals or _.252 , through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) 9) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? ( ) _~ _~. i) Substantial reduction in the amount of groundwater otherwise available for ~,_ public water supplies? ( ) V. AIR QUALITY. Would the proposal: ' a) Violate any air quality standard or contribute to an exissting or projec*ed air quality violation? ( ) ._.145._ b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, masture, or temperature, _~ or cause arty change in dimate? ( ) _14L d) Create objectionable odors? ( ) _24L Potentially Significant PoterKially Unless Lass Than Significant Mitigation Significant Pact Inoorporabed Impact VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? () b) Hazards to safety from design features (e.g., sharp curves or dangerous intersection) or incompatible uses (e.g., farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( } d) Insufficient parking capadty on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? ~ Conflicts with adopted policles supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) 9) Rail, waterborne or air traffic impacts? ( ) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endanger, threatened, or rare speces or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees)? c) Loplly designated natural communities (e.g., oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and ineffident manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) DC. HAZARDS. Would the proposal involve: a} A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pestiddes, chemipls, or radiation? ( ) b) Possible interference with an err-ergency response Plan or emergenky evacuation plan? ( } c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Inveased fire hazard in areas with flammable brush, grass, or trees? ( ) No impact _~ ~4S_ _~4S_ _~. _.~ ._.X2S._ _~L _~ _~ ~_ _~. _~ _~ _X2~ ..~45_ .~ ~_ _...~_ ~••, .-,, Potentially Significant Pote~aliy Unless Less Thsn Significant Mitigaition Significant No Impact Incorporated Impact Im ct Pa X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) _~_ Disassion: During construction noise could negatively impact neighboring residential Properties on the north side of Femwoo Avenue. Days end hours of construction will be limit d t e o reduce impacts and ensure the adjacent properties. Peace, quiet and welfare c b) Exposure of people to severe noise levels? ( ) .~_ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas; a) Fire protection? ( ) b) Police protection? ( ) _~ c) Schools? ( ) _~ d) Maintenance of public fadlities, including roads? ~_ e) Other governmental services? ( ) .~5._ _~ XA. UTILITIES AND SERVICE SYSTEMS. Would the Proposal result in a need for new systems or supplies , or substantial alterations to the following utilizes: a) Power or natural gas? ( ) b) Communications systems? ( ) __~ c) Local or regional water treatment or _~ distribution fadlibes? ( ) _~ d) Storm water drainage? ( ) e) Solid waste disposal? ( ) _~ ~ Local or regional water supplies? ( ) -~ _~ XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) b) Have a demonstrable negative aesthetic effect? _~ c) Create light or glare? ( ) ~- _~ Discussion: The t>illtx~ards may be illuminated. The City would require detailed lighting plans that shield and direct light away from adjacent properties to mitigate possible glare to a level of insignificance. XIV. WLTURAL RESOURCES. Would the proposal: a) Disturb paleontology resources? ( ) b) Disturb archaeol "~- ogipt resources? ( ) c) Affect historical resources? ( ) -~ d) Have the potential to Ouse a ~ that would affect unique ethnic wl'tura values? _~_ d) Restrict existing religious or sacred uses within the Potential impact area? ( ) _ _~ Potentially Signficant Potentially Unless Less Than Signifignt Mitigation Significant No Impact Inoorporatoed Impact impact XV. RECREATION. Would the proposal: a) Increase the demand for neighbofiood or regional parks or other recreational fadlities? ( ) _~ b) Affect existing recreational opportunities? ( ) _~ 7M. MANDATORY FINDINGS OF SIGNIFIGNCE. a) Does the project have the potential m degrade the quality of the ernironment, substantially ~_ reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal canmunity, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, _~ environmental goals? c) Does the project have impacts that are _~ individually limited, but cumulatively considerable? ("Cumulatively considereble" means that the incremental effects of a project are considerable when viewed in connection with the effects of past Projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects _~ which will cause substantial adverse affects on human beings, either directly or indirectly? XVII. EARLIER ANALYSIS. F~rlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were inwrporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Ca[.App.3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). ''~~~~~~~'~ (Tc~ ~U. INTER-OFFICE MEMO DATE: November 13, 2001 TO: Honorable Chair and Members of the Planning Commission FROM: Joseph Wang, Public Works Director/City Engineer BY: Grant Taylor, Senior Planner SUBJECT: General Plan Amendment 2001-02 and Zone Change 2001-02 BACKGROUND The City of Lynwood has purchased excess Caltrans parcels along the north side of the I- 105 (Century) Freeway. The seven (7) parcels purchased by the City begin at the southeast corner of Imperial Highway and Fernwood Avenue; running east to the southwest corner of Atlantic Avenue and Fernwood Avenue. Attached for Planning Commission consideration are location maps with applicable surrounding zoning. The excess Caltrans properties and other properties owned by the City of Lynwood provide the City with an opportunity to obtain tenant/landlord revenue, sales taxes, and/or franchise fees. The City has been negotiating with Regency Outdoor Advertising and .propose a project to install thirteen (13) billboards along the north side of the I-105 corridor from Alameda Street to Atlantic Avenue. Such billboards would be two-sided, measure approximately 14' x 48', and be constructed in two (2} phases. On November 6, 2001 the City Council approved an Exclusive Negotiating Agreement, two (2) lease agreements, and a Mitigated Negative Declaration for the project. DISCUSSION Staff is requesting approval of General Plan Amendment No. 2001-02 to re-designate excess Caltrans parcels along and adjacent to the north side of the I-105 (Century) Freeway, between the southeast corner of Imperial Highway and Fernwood Avenue to the west; to the southwest corner of Atlantic Avenue and Fernwood Avenue to the east. The General Plan Amendment would change the land use designation from Transportation to Commercial. Staff is requesting approval of Zone Change No. 2001-02 to change the zoning designations on the same parcels identified above from "no zoning"" to C-2 (Light Commercial). Staff is recommending a C-2 zoning designation as billboards are not permitted in the CB-1 (Controlled Business) zone, and the C-2A (Medium Commercial) or C-3 (Heavy Commercial) may permit obtrusive and/or undesirable land uses in the future. The excess Caltrans properties were previously private properties within the City of Lynwood. In the early 1990's, Caltrans obtained the properties through eminent domain for construction of the I-105 Freeway that removed approximately 1,200 residences. The Outdoor Advertising Act requires State permits for any signs located within six hundred feet (600') of a State Highway. Caltrans has set forth several requirements that must be met to receive permits to include: • Property must be zoned commercial or industrial; • Property must be located within a Redevelopment Project Area; • Property must be in possession of the City; H:\WORDFILE\PLANNING~STAFFRPT\gpaandzc2001-02.doc 1 P Sites 1, 2, 3 and A meet. the above-identified Caltrans criteria and the City may move forward immediately. The City owns Sites 5, 6, 7, 8, 9 and 10 but these sites require a general plan amendment and a zone change. In addition, these sites are not currently located within a Redevelopment Project Area. Sites 4, B and C are not owned by the City, require a general plan amendment and a zone change and are not located within a Redevelopment Project Area. Two (2) separate lease agreements were approved by the City Council. One lease agreement is for the four (4) sites that meet all Caltrans requirements, and the second lease is for the other nine (9) locations that currently do not meet requirements but are owned by the City and may be developed at a future date. ENVIRONMENTAL REVIEW The Community Development Department has performed an Initial Study on the General Plan Amendment, Zone Change and applicable project and has determined that the proposed project could have a significant effect on the environment, there will not be a significant effect in .this case because the mitigation measures described in the Initial Study have been added to the project. A NEGATIVE DECLARATION was prepared. RECOMMENDATION Staff respectfully recommends that the Planning Commission review the attached documentation, accept public testimony, certify the Mitigated Negative Declaration, adopt Resolution 2851 approving General Plan Amendment No. 2001-02, and adopt Resolution 2852 approving Zone Change No. 2001-02. Attachments: 1. Location Maps 2. Resolution 2851 3. Resolution 2852 4. Mitigated Negative Declaration 5. Initial Study 6. Environmental Documentation H:\WORDFILE\PLANNING4STAFFRPT\gpaandzc2001-02.doc 2 EXHIBIT 1 LOCATION MAP GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ZONE CHANGE N0.2001-02 "No Zoning" to C-2 (Light Commercial) R .................. ....: - ~ ~ L M M R' M ~ ~ ~~~•~"'•"'MARTIN LUTHER iN JR BLVD M ~M Rt m ¢ Ci CJ CJ ~" C3 C] Cz a, cx C2 C2 ] M o, ' GZP R3 RJ r~ M R1 R1 M Pt '~ = U veer ~ M R1 M M R3 ~ C zD R1 a R1 Rt R7 RJ C2A 2GZP R3 ~ • ¢ \ J x\-11 M G~ •: U Rt R1 v~ \ R3 I ~ RJ C7A GSA R3 R3 Norton R 3 -i1 M R1 Rt AV nu (~ n orlon venue R2 RJ cz R2 R, ~j ~ ~ R1 Rz Rt M R2 LINCOL ~ R9 V R2 Rt M RJ ~ Los Flores R J SCHOO • Y M R M R3 BIVd C3 \ ~ M Rx °i R3 • f RJ \~i R7 R1 RJ ~\ R1 Rt Rt ,l Rt Rt Pt CJ N C2 R1 r R7 RJ R] Rt P1 2Ay • c J c J FIRE DEPT. `x ~P C s CJ Pt R] ~M Crty of Lynwood ~ 3 M H C B 1 C e t Boundary ~ M _ _ _ _ _ _ C/J P t --M- --- M - venu n R3 ~ _ _ -_- Ra a LYNWOOD N ~c / •...~• _ - - -' ~ ' CENTER < o • ', i' .o•t•• ' © L RJ RJ ce, C87 ~N C2 Pt ' l ~ RZ /^\ M ^ CT\ R2 yRx RJ 40 dJ Va Pi RJ C C2q C, rc R z R t ~~ r~ N M R J RY N Flower O R t RJ v RJ R3 Road R 3 ~ _ ~ nwood ynW • l~ a' d ~Cd R 1 w R J F N ~ R ~ ~ ): M Ri m t ~ i RJ Rt °i ~ RJ m .. mse rnRt~ i 3 p1 R i _j M ~ c R7 ~ S Rt n utter Av n R3 Q O e fllrl@ Rt ~ - v RJ ~ ~ Rt s •• •••••• M ~.•• w' , N R z R 1 R n R ----i •.••••••• • • 7 • ..•...•••••• • V!r 'na N N •~••• .•...•.•• u•.••••••u.u••.•i •~. M gvenue ~ R p D y ~~ ~ R J R s a~~ ~ R? q r v` ~- n R •' +cedar q a" "er R~ N O a ~eRUe D Z a Rr Rt Ri ~¢. RQ er ve >c R7 RJ n y G o .. Q R J F 3 <ij~OA.. oc • R t R, .. 1 r Casc No. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 North of and adjacent to the I-105 (Century) Freeway from Site Address: Southeast corner of Imperial/Fernwood east to Southwest corner Atlantic/Fernwood. Applicant Name: City of Lynwood 300' or [ ] 500' Radius Map EXHIBIT 2 LOCATION MAR GENERAL PLAN AMENDMENT N0.2001-02 Transportation to Commercial ZONE CHANGE N0.2001-02 "No Zoninb" to C-2 (Light Commercial) GUARD Rt Rt a?yP~ R? R~ ~7 Rl R7 Cl Pt C7 R2 Rt R' R2 c FIRE tD .a R' venue MARTIN L! Rt ~~ Rt Rt R1 R2 ~ ~~ ct ca R, Walnut R1 R1 ~ Avenue R, o, R/ Rt Ri R1 Ri Rt Rt Rt R1 R1 P1 c3 t Rt ~ Rt R1 Rt ) Av n c: ~ / R1 R1 Pt R2 c R 1 T Cortland"' m R t R 1 S~B t•t ~~--~~ n ~ N 9 T 9 Casc No. General Plan Amendment No. 2001-02 & Zone Change No. 2001-02 Nort o an a ~acent to e - en ury Site Address: Southeast corner of Imperial/Fernwood east to Southeast corner Atlantic/Fernwood Applicant Name: City of Lynwood [ ] 300' or [ ] 500' Radius Map RESOLUTION 2851 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING GENERAL PLAN AMENDMENT NO. 2001-02 WITH RESPECT TO EXCESS CALTRANS PARCELS LOCATED ALONG AND ADJACENT TO THE NORTH SIDE OF THE I-105 (CENTURY) FREEWAY, BEGINNING AT THE SOUTHEAST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE, RUNNING EAST TO THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND FERNWOOD AVENUE. THE LYNWOOD GENERAL PLAN LAND USE DESIGNATION WOULD BE AMENDED FROM TRANPORTATION TO COMMERCIAL. WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conduct a public hearing on November 13, 2001 on a proposed General Plan Amendment regarding the above-identifies properties; and WHEREAS, the Planning Commission of the City of Lynwood carefully considered all documentation presented as well as oral and written communication from the public regarding the General Plan Amendment; and WHEREAS, the Community Development Department has determined that the proposal could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the Planning Commission has determined that a Commercial land use designation of above-identified properties would be consistent with the Goals and Policies of the Lynwood General Plan. Section 1. The Planning Commission hereby finds and determines as follows: A. The General Plan Amendment will be consistent with the objectives, goals and the development policies of the City of Lynwood. B. The General Plan Amendment would provide the City with an opportunity to obtain tenant/landlord revenue, sales taxes, and/or franchise fees. C. The General Plan Amendment will not adversely affect the General Plan and is consistent with the goals and policies in the Lynwood General Plan. D. The General Plan Amendment is would be compatible with surrounding land uses and zoning designations. E. The existing infrastructure is adequate to support the General Plan Amendment and applicable project. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations hereby approves General Plan Amendment No. 2001-02. H:\WORDFILE\PLANNING\RESOS\reso2851 a.doc PASSED, APPROVED AND ADDOPTED this 13th day of November, 2001. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: Glenn Calsada, Deputy City Attorney Planning Commission H:1 WORDFI LE\PLANNING\RESOS\reso2R51 a.doc Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: Grant Taylor, Senior Planner Community Development Department 2 RESOLUTION 2852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2001-02 WITH RESPECT TO EXCESS CALTRANS PARCELS LOCATED ALONG AND AD]ACENT TO THE NORTH SIDE OF THE I-105 {CENTURY) FREEWAY, BEGINNING AT THE SOUTHEAST CORNER OF IMPERIAL HIGHWAY AND FERNWOOD AVENUE, RUNNING EAST TO THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND FERNWOOD AVENUE. THE ZONING DESIGNATION WOULD BE AMENDED FROM "NO ZONING" TO C-2 (LIGHT COMMERCIAL). WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conduct a public hearing on November 13, 2001 on a proposed Zone Change regarding the above-identifies properties; and WHEREAS, the Planning Commission of the City of Lynwood carefully considered all documentation presented as well as oral and written communication from the public regarding the proposed zone change; and WHEREAS, the Community Development Department has determined that the zone change may have a significant effect on the environment, however, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the Planning Commission has determined that a C-2 (Light Commercial) zoning designation of above-identified properties would be consistent with the Goals and Policies of the Lynwood General Plan. Section 1. The Planning Commission hereby finds and determines as follows: A. The Zone Change will be consistent with the objectives, goals and the development policies of the City of Lynwood. B. The Zone Change would provide the City with an opportunity to obtain tenant/landlord revenue, sales taxes, and/or franchise fees. C. The Zone Change will not adversely affect the General Plan and is consistent with the goals and policies in the Lynwood General Plan. D. The Zone Change is would be compatible with surrounding land uses and zoning designations. E. The existing infrastructure is adequate to support the Zone Change and applicable project. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determination hereby approves Zone Change No. 2001-02. H:\WGRDFI LEIPLANNI NG\RESGS\2A52a.doc 1 PASSED, APPROVED AND ADDOPTED this 13th day of November, 2001. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: Glenn Calsada, Deputy City Attorney Planning Commission H:~WORDF] LE\PLANN INGIRESOS12R52a.doc Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: Grant Taylor, Senior Planner Community Development Department 2 City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 NEGATIVE DECLARATION County Clerk County of Los Angeles 500 West Temple Street Los Angeles, CA 90012 RE: Negative Declaration for General Plan Amendment No. 2001-02 and Zone Change No. 2001-02. Project Name To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as General Plan Amendment No. 2001-02 & Zone Change No 2001-02 located on excess Caltrans parcels purchased by the City on the north side of the I 105 (Century) Freeway between the southeast corner of Imperial Hi hwav and Fernwood Avenue to the west• and Atlantic Avenue and Fernwood_ Avenue to the east The parcels currently have no zoning desi anon. The project is briefly described as: ADVERTISING SIGNS: To provide the City of Lynwood the opportunity to obtain tenant/landlord revenue sales taxes and/or franchise fees by permitting the installation of nine (9) billboard advertising sins double-faced approximately seventy five feet (75') in height, on seven (7) excess Caltrans parcels purchased by the City of Lynwood General Plan Amendment No. 2001-02: Amend the General Plan Land Use Designation from Transportation to Commercial. Zone Change No. 2001-02: Change the zoning from "no zoning" designation to C-2 {Light Commercial). In accordance with the authority and criteria contained in the California Environmental Quality Act State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Department of Community Development of the City of Lynwood analyzed the project and determined that the project will not have a significant impact on the environment. Based on this finding, the Department prepared and hereby filed this NEGATIVE DECLARATION. A period of ten (21) calendar days from the date of this NEGATIVE DECLARATION was provided to enable public review of the project specifications and this document prior to action on the project by the City of Lynwood. A copy of the project specifications is on file in the offices of the Department of Community Development, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603-0220, Extension 326. h:lword filelplannninglforms~negdec. do c Revised 07-27-9R It is the finding of the City of Lynwood that the project will not have a significant effect on the environment. The Mitigation Measures included in the attached Initial Study and the Findings set forth in Planning Commission Resolutions 2851 and 2851 reduce the possible impacts to insignificant levels. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate the project. B. The proposed project, as conditioned, would not have negative effects or have possible negative effects mitigated to a level of insignificance. C. The proposed project will not have a negative impact on the value of the surrounding properties or interfere with or endanger the public health, safety or welfare. D. The granting of the General Plan Amendment and Zone Change will not adversely affect the comprehensive General Plan. E. The location of the project is in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the sites are located. F. The location of the project and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. G. The project will comply with each of the applicable provisions of this chapter, except for approved variances. This Document, the Notice of Determination, and Initial Study is being filed in duplicate. Prepared and filed by: The Department o Com unity Development BY: , Grant Taylor, Sen' anner h:1wo rdfi IelplannninglfortmMegdec. doc Revised 07-27-9R City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, x289 NOTICE OF DETERMINATION To: County Clerk From: City of Lynwood County of Los Angeles Community Development Dept. 500 West Temple 11330 Bullis Road Los Angeles, CA 90012 Lynwood, CA 90262 SUBJECT: Filing of Notice of Determination in compliance with CEQA Guidelines Project Title: Advertising Signs: General Plan Amendment No. 2001-02 and Zone Change No. 2001-02. Lead Agency: City of Lynwood Project Location: North side of the I-105 (Century) Freeway between the southeast corner of Imperial Highway and Fernwood Avenue to the west; and Atlantic Avenue and Fernwood Avenue to the east; Lynwood, California 90262. Project Description: The project includes installation of nine (9) billboard advertising signs, double-faced, approximately seventy-five feet (75') in height, on seven (7) excess Caltrans parcels recently purchased by the City of Lynwood. The project requires the following zoning actions: General Plan Amendment No. 2001-02: Amend the General Plan Land Use Designation from Transportation to Commercial Zone Change No. 2001-02: Change the zoning designation from "no zone" to C-2 (Light Commercial} Notice of Intent: This notice is to advise that the City of Lynwood as Lead Agency has approved the above-described Mitigated Negative Declaration. The Planning Commission certified on November 13, 2001, the City Council introduced on December 4, 2001 and the City Council adopted on December 18, 2001. The Planning Commission and City Council have made the following determinations regarding the above-described project. 1. The Project will not have a significant impact on the environment. 2. A Mitigated Negative Declaration was prepared for this Project pursuant to the provisions of CEQA. 3. Mitigation Measures were made a condition of approval of this Project. 4. A Statement of Overriding Conditions was not adopted for this Project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at Lynwood City Hall Annex, 11330 Bullis Road, Lynwood, CA 90262, (310) 603-0220, Extension 326. Signature: ,t Date: l C~ - ~~ Name/Title: Grant Taylor, Se Planner Date received for filing at County of Los Angeles: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, Extension 289 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title: Advertising Signs General Plan Amendment No. 2001-02 Zone Change No. 2001-02 Project Location: North side of the I-105 (Century) Freeway between the southeast corner of Imperial Highway and Fernwood Avenue to the west; and Atlatnic Avenue and Fernwood Avenue to the east; Lynwood CA Applicants: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, Ext. 326 -office (310) 639-6957 -FAX Project Description: The project includes installation of nine (9) billboard advertising signs, double- faced, approximately seventy-five feet (75') in height, on seven (7) excess Caltrans parcels recently purchased by the City of Lynwood. The project requires the following zoning actions: GENERAL PLAN AMENDMENT NO. 2001-02: Amend the General Plan Land Use Designation from Transportation to Commercial. ZONE CHANGE NO. 2001-02: Change the zoning designation from "no zone" to C-2 (Light Commercial) Findings of Exemption: This project will not have an individual or cumulative adverse effect on fish and/or wildlife resources in that the Initial Study prepared in conjunction with the environmental review of the project nor the record of the proceedings for its approval identified any potential impacts to fish and game or such resources. Certification: I hereby certify that the lead agency has made the above findings of fact and that (based upon the initial study and public hearing record) the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Prepared and file by: City of Lynwood Community Development D partment Signature: ~ Name/Title: l v"~..~" ~-: ~-- ~e n,~~ ~.~h.-,,er. Date: ~ ~'`- ~~-~` H:word/redevel p/lmoraleslfish ngam APPENDIX I Environmental Checklist 1) 2) 3) 4) 5) 6) 7) 8) 9) Project Title: Advertising Signs General Plan Amendment No. 2001-02 Zone Change No. 2001-02 Lead Agency Name and Address: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 Contact Person, Title and Phone Number: Grant Taylor Senior Planner (310) 603-0220, Ext. 287 Project Location: Excess Caltrans Property located on the north side of the I-105 (Century) Freeway, between thf southeast corner of Imperial Highway and Fernwood Avenue to the west; to the southwest corner o Atlantic Avenue and Fernwood Avenue to the east. Project Sponsor's Name and Address: City of Lynwood Public Works Department 11330 Bullis Road Lynwood, CA 90262 General Ptan Designation: Current: Transportation Proposed: Commercial ~ Zoning: Current: No Zoning Proposed: C-2 (Light Commercial) Description of Project: (Describe the whole action involved, including but not limited to later phase of the project, and any secondary, support, or off-site features necessary for its implementation. Attacl additional sheets if necessary). The project includes installation of nine (9) billboard advertising signs, double-faced, approximately seventy-five feet (75') in height, on seven (7) excess Caltrans parcels recently purchased by the City c Lynwood. The attached location map identifies the proposed sites. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings). The subject properties are vacant parcels along a transportation corridor, bounded by the I-105 (Century Freeway to the south; Fernwood Avenue then mixed density residential zones to the north; Atlanti Avenue to the east; and Imperial Highway to the west. 10) Other agencies whose approval is required: (e.g., permits, financing approval or participatioi agreement). State of California, Department of Transportation Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least onE impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. NONE -Land Use and Planning -Transportation/Circulation -Biological Resources -Energy & Mineral Resource -Hazards -Noise -Mandatory Findings of Significance -Public Services -Utilities & Service Systems -Aesthetics -Cultural Resources -Recreation -Population and Housing Geological Problems -Water -Air Quality Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on x an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature GRANT TAYLOR, SENIOR PLANNER Date CITY OF LYNWOOD Printed Name~tle For ,.-. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supporter by the information sources a lead agency cites in the parenthesis following each question. A "No Impact answer if adequately supported if the referenced information sources show that the impact simply doe'. not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "Nc Impact" answer should be explained where it is based on project-specific screening analysis}. 2) All answers must take account of the whole action involved, including off-site as well as on-site cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EII is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigatiol measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect t• a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross referenced). S) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, a~ effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D; Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources fo potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outsid~ document should, where appropriate, include a reference to the page or pages where the statement i substantiated. A source list should be attached, and other sources used or individuals contacted shoul~ be cited in the discussion. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. LAND USE AND PLANNING. Would the proposal: II. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Conflict with general plan designation or ~ zoning? (Source(s): ) Discussion: 1 The current general plan designation is industrial and there is no zoning designation as the property was previously excess Caltrans property that has been purchased by the City. A General Plan Amendment and zone change would be processed to change both General Plan to Commercial and the zoning to C-2 (Light Commercial). Public hearings would be conducted before the Planning Commission and City Council. Advertising signs and a less intensive and obtrusive larn use that a transportation system, transportation facilities or transportation easement. b) Conflict with applicable environmental plans ~ or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in _~ the vicinity? ( ) d) Affect agricultural resources or operations ~ (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of ~_ an established community (including a low income or minority community)? ( ) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either ~ directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable ~- housing? ( ) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) ~ b) Seismic ground shaking? ( ) ~ Discussion: There are no active fault zones in the vicinity of the subject properties. However, earthquakes or large magnitude coup create seismic ground shaking. The advertising signs support structures would be engineered and plan checked t~ withstand potential earthquake hazards as well as wind bearing and weight loads. c) Seismic ground failure? ( ) ~ d) Seiche, tsunami, or volcanic hazard? ( ) ~ e) Landslides or mudflows? ( ) ~ f) Erosion, changes in topography or unstable soil ~ conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) ~ h) Expansive soils? ( ) XX i) Unique geologic or physical features? ( ) ~ IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, ~ or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water ~ related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration ~ of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in ~ any water body? ( ) e) Changes in currents, or the course or direction ~ of water movements? ( ) f) Change in the quantity of ground waters, either ~ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ~ h) Impacts to groundwater quality? ( ) ~ i) Substantial reduction in the amount of ~ groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to ~ an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? () ~ c) Alter air movement, moisture, or temperature, ~ or cause any change in climate? ( ) d) Create objectionable odors? ( ) ~ VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? () b) Hazards to safety from design features (e.g., sharp curves or dangerous intersection) or incompatible uses (e.g., farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d} Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? { ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation? ( ) b) Possible interference with an emergency response Plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) e) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact •~•, Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) ~ Discussion: During construction noise could negatively impact neighboring residential properties on the north side of Femwoo~ Avenue. Days and hours of construction will be limited to reduce impacts and ensure the peace, quiet and welfare c adjacent properties. b) Exposure of people to severe noise levels? ( ) ~ XI. PUBLIC SERVICES. Would- the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) XX b) Police protection? ( ) XX c) Schools? ( ) XX d) Maintenance of public facilities, including roads? ~ e) Other governmental services? ( ) ~ XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilizes: a) Power or natural gas? ( ) ~ b) Communications systems? ( ) ~ c) Local or regional water treatment or ~ distribution facilities? ( ) d) Storm water drainage? ( ) ~ e) Solid waste disposal? ( ) ~ Local or regional water supplies? ( ) ~ XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) ~ b) Have a demonstrable negative aesthetic effect? _~ c) Create light or glare? ( ) ~ Discussion: The billboards may be illuminated. The City would require detailed lighting plans that shield and direct light away fron' adjacent properties to mitigate possible glare to a level of insignificance. XIV. CULTURAL RESOURCES. Would the proposal: . a) Disturb paleontology resources? ( ) ~ b) Disturb archaeological resources? ( ) ~ c) Affect historical resources? ( ) ~ d) Have the potential to cause a physical change that would affect unique ethnic cultural values? ~ d) Restrict existing religious or sacred uses within the potential impact area? ( ) ~ XV. XVI. RECREATION. would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) +..., Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XX XX MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade _ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b} Does the project have the potential to achieve _ short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse affects on human beings, either directly or indirectly? XX XX XX XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one of more effects have been adequately analyzed in an earlier EIR or negative declaration. Sectior 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: 1 a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were withir the scope of and adequately analyzed in an earlier document pursuant to applicable lega standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 Cal.App.3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). Y ~'N.,ED ~- ~~~~ _ CITY OF LYNWOOD ~ ''K?N~S 11330 Bullis Road } ~ ~ Lynwood, CA 90262 (310)603-0220 NOTICE OF DETERMINATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 FROM: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 County Clerk County of Los Angeles 12400 Imperial Highway Norwalk, CA 90650 SUBJECT: FILING OF NOTICE OF DETERMINATION IN COMPLIANCE WITH SECTION 21152 OF THE PUBLIC RESOURCES CODE PROJECT TITLE: Regency Outdoor Advertising Project, Regency I Lease Agreement and Regency II Lease Agreement PROJECT LOCATION: City of Lynwood -North side of the I-105 (Century) Freeway between the southeast corner of Imperial Highway and Fernwood Avenue to the west; and Atlantic Avenue and Fernwood to the east. PROJECT DESCRIPTION: This Project includes the Regency I Lease Agreement and the Regency I I Lease Agreement which provide for the construction and development of nine (9) billboard advertising signs, double-faced, approximately seventy-five feet (75') in height, on excess Caltrans parcels recently purchased by the City of Lynwood. The Regency I Lease Agreement provides for the installation three (3) billboard signs, and the Regency II for six (6) signs. The Project will require a General Plan Amendment designating land use from Transportation to Commercial, a zone change designation from "no zone" to Light Commercial, and a Redevelopment Plan Amendment. FINDING: This is to advise that the City Council of the City of Lynwood has approved the above described Project on November 6, 2001 and has made the following determinations regarding the above described Project: 1. The Project will not have a significant effect on the environment. 2. A Mitigated Negative Declaration was prepared for this Project pursuant to the provisions of CEQA. 3. Mitigation Measures are included as a part of the Project and made a condition of approval. 4. A Statement of Overriding Conditions was not adopted for this Project. This is to certify that the Mitigated Negative Declaration with comments and responses and the record of Project approval is available to the General Public at Lynwood City Hall Annex, 11330 Bullis Road, Lynwood, CA 90262. Signature: Date: November ,2001 Name/Title: Grant aylor, for Planner Date Received for Filing at County of Los Angeles: EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement, dated as of this November 6, 2001(the "Agreement"), is made by and between the City of Lynwood, a municipal corporation (the "City") and Regency Outdoor Advertising, Inc., a California corporation (the "Developer"). For and in consideration of the mutual covenants and promises herein, the parties agree as follows: RECITALS This Agreement is entered into with reference to the following facts: A. In furtherance of the, objectives of the City of Lynwood with respect to certain outdoor advertising opportunities within the City, the City has undertaken a program for the installation, maintenance and operation of certain new off-site outdoor advertising structures for use by commercial operators and not as a public forum. B. The subject matter of this Agreement are those certain non-contiguous parcels of real property located within the City of Lynwood (the "Site"). The Site, in the aggregate, is comprised of approximately ( )acres in land area. However, because the Site is not presently located within the ro~ect ea-"'A" Redevelopment Project (the "Project Area"), both the City, in order to carry out its objectives as set forth above, and the Lynwood Redevelopment Agency, a public body, corporate and politic (the "Agency"), pursuant to and in order to realize its goal to effectively redevelop the Project Area, are both desirous of having an amendment to the Project Area "A" Redevelopment Plan to expand the size of the Project Area to include the Site. It is proposed by the Developer that the Site be redeveloped as outdoor advertising structures for commercial use and operators. The Developer shall be fully responsible for all installation, maintenance and operation of any and all structures, as appropriate and necessary for the proposed development of the Site along with appropriate landscaping, all in accordance with applicable City regulations and standards. C. As a result of the qualifications, experience and identity of Developer, which are of particular concern to City, the City desires to enter into this Agreement with the Developer with the objective of subsequently agreeing upon and entering into a mutually acceptable Lease Agreement for the development of the outdoor advertising structures as referenced in Section B hereinabove consistent with the terms and conditions of this Agreement at the earliest practical date. D. The City anticipates that following execution of this Agreement and through the period of negotiation and preparation of a Lease Agreement with respect to the Project, the staff of the City, the Agency on behalf of the City and the Agency, respectively, as well as certain consultants and attorneys of the City and the Agency will devote substantial time and effort in reviewing plans, contacting and meeting with the Developer and various other necessary third DRAFT REGENCY.ENA October I5, 2001 Page 1 Of 9 parties, and providing other aid and assistance to the Developer in connection with the proposed Project, and in negotiating and preparing a Lease Agreement consistent with the basic terms and mutual understandings established in this Agreement. E. The City and the Developer desire to enter into this Agreement in order to set forth the rights and duties of the Parties during the term of the Exclusive Negotiating Period. Section 1. Definitions. The following terms shall have the meaning ascribed thereto, unless the context requires otTrwise: "Agency" means the Lynwood Redevelopment Agency, a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California, California Health and Safety Code, Section 33000 et seq. (as amended from time to time, the "Redevelopment Law"). "Agreement" means this Exclusive Negotiating Agreement, dated as of November 2001, by and between the City and the Developer. "City" means the City of Lynwood, a municipal corporation, organized and existing pursuant to the Constitution and laws of the State of California. "Developer" means Regency Outdoor Advertising, Inc., a California corporation. "Exclusive Negotiating Period" means the period of two hundred and forty (240) consecutive days beginning on the date of this Agreement, as shortened or extended by the provisions of Section 4, below. "Improvements" means shall six (6) double-sided v-shaped sign with two static faces (the "billboard") each sign face of which shall not exceed fourteen feet (14') in height by forty eight feet (48') in width, (ii) adouble-sided, v-shaped sign with two movable faces (the "message board") each sign face of which shall not exceed fifteen feet (15') in height by twenty feet (20') in width, and (iii) all required structures to support the operation and maintenance of the bill board and the message board. The sign faces shall be oriented so that one side of the "v" faces east-bound traffic on Interstate 105 and one side of the "v" faces west-bound traffic on Interstate 105, with the exact angle of the "v" to be determined by City so as to minimize the impact on surrounding areas of light from or on the sign faces. The term "Improvements" shall also mean any and all improvements to the Site approved by City and constructed on the Site by the Developer pursuant to a mutually acceptable lease agreement, including any and all amendments, modifications, additions, substitutions and replacements thereof (the "Lease Agreement"). "Party" means any party to this Agreement. DRAFT REGENCY.ENA October ~s, 2001 Page 2 Of 9 "Project" means the Developer's proposed development of the Site including, but not limited to, the demolition of all existing improvements thereon, and the construction of the "Improvements" as contemplated and set forth in Paragraph B, above and in accordance with plans and specifications subject to and approved by the City and the Agency. "Redevelopment Law" means the Community Redevelopment Law„ being California Health and Safety Code Sections 33000, et seq. "Site" means those certain non-contiguous parcels of real property located within the City of Lynwood, State of California and is generally depicted on Exhibit "A", attached hereto and incorporated herein by this reference. Section 2. Obligations of City. During the Exclusive Negotiating Period the City shall use its goo aitdi a 'orts to: i acquire 1 parcels of real property comprising the Site for subsequent lease to the Developer for the development of the Improvements consistent with the terms of a mutually acceptable Lease Agreement; (ii) provide all environment assessment and documentation necessary for the review and approval of the Project; (iii) diligently process and cause the Site to be rezoned to legally accommodate the development of the Project consistent with the terms of the Lease Agreement; (iv) diligently process and cause the amendment of the Lynwood General Plan, as well as any and all specific plans and/or zoning, etc., required to legally accommodate the development of the Improvements on the Site consistent with the terms of the Lease Agreement; and (v) diligently use its good faith efforts to cause the Agency to process and cause the amendment of the Project Area "A" Redevelopment Plan to include all portions of the Site within the Project Area. Moreover, during the Exclusive Negotiating Period, the City shall not negotiate, discuss or otherwise communicate with any person or entity, other than the Developer, regarding the Lease Agreement for the development of the Project; provided however, in the event that less than the entire Site will be required for the Project as contemplated herein and the Lease Agreement, then the City shall be permitted to negotiate and/or discuss the disposition of any portion of the Site not required for the Project with potential third party developers. Throughout the Exclusive Negotiating Period, the City and Agency staffshall be available to meet with the Developer to discuss the Project, the Site Plan and architectural renderings, and any other issues pertinent to the preparation of the Lease Agreement for the development of the Project. Section 3. Obligations of Developer. (a} Concurrently with the execution of this Agreement by the City and to the extent construction financing from an institutional lender(s) will be required for the development of the Project, the Developer shall provide the City with a Letter of Intent (in form and substance reasonably acceptable to the City) executed by the Developer, indicating to the City's reasonable satisfaction that such an institutional lender(s) has expressed interest in financing the construction and development of the Project by the Developer. Such Letter of Intent shall also outline the financial terms pursuant to which it would consider loaning money to the Project. DRAFT REGENCY.ENA October is, 2ooi Page 3 of 9 (b) Prior to the expiration of the Exclusive Negotiating Period, the Developer shall provide an equity commitment acceptable to the City in a manner specifically identifying the sources of all such equity financing to be used by Developer to finance the development of the Project. In the event that the Project is to be financed exclusively by equity financing, such equity commitment shall be in an amount sufficient to provide for the acquisition and development of the Project. In the event that the Project is not financed exclusively by equity financing such equity commitment shall be in an amount sufficient to provide for the acquisition of the Site and qualify for any necessary construction and take-out loans as will be required for the development of the Project. Moreover, such equity commitment may also be in the form of letters of intent from investors of adequate credit-worthiness setting forth their intent to invest the equity required for this Project. (c) At or prior to 4:30 p.m. on or before the 30th day after the execution date of this Agreement, the Developer shall submit a site plan and/or any other pertinent architectural plans, drawings or renderings of the Project (the "Site Plans") to the City for review and approval, if appropriate. The Site Plans shall include a well defined architectural concept for the Project showing the location and size of all the Improvements including landscaping and architectural character of the Project and shall not be deemed final until final approval by the City pursuant to the Lease Agreement. DRAFT REGENCY.ENA October 15, 2001 Page 4 Of 9 Section 4. Extension/Exclusive Negotiation Agreement. AS SET FORTH ABOVE, THE EXCLUSIVE NEGOTIATING PERIOD SHALL TERMINATE ON THE DATE THAT IS TWO H~JNDRED-FORTY (240) DAYS AFTER THE DATE HEREOF. HOWEVER, THE EXCLUSIVE NEGOTIATING PERIOD MAY BE EXTENDED BY THE MUTUAL CONSENT OF THE PARTIES FOR UP TO TWO (2) ADDITIONAL PERIODS OF THIRTY (30) DAYS EACH. THE CITY MANAGER MAY GRANT EACH SUCH EXTENSION FOR AND ON BEHALF OF THE CITY IN HIS SOLE AND ABSOLUTE DISCRETION. PRIOR TO GRANTING ANY SUCH EXTENSION, THE CITY MANAGER SHALL DETERMINE IN HIS SOLE AND ABSOLUTE DISCRETION WHETHER THE DEVELOPER HAS OBTAINED THE NECESSARY LETTERS OF INTENT AND HAS PERFORMED ALL OTHER OBLIGATIONS DESCRIBED IN SECTION 3 HEREINABOVE. Initials: Developer City If, in the sole and absolute discretion of the City Manager, the Developer has performed the obligations of the Developer described in Section 3 hereinabove and the City Manager has granted an extension of the term of this Agreement as provided hereinabove, then the parties shall within such extended term, continue to negotiate a Lease Agreement with respect to the proposed development of the Project. Section 5. Lease Agreement. The Parties hereby acknowledge and agree that during the term of t ii~greement, as suc term maybe extended pursuant to Section 4 hereinabove, the Parties shall use their respective good faith efforts to negotiate and enter into the Lease Agreement which shall include, but not be limited to, the following: {i) the design of the Project by the Developer, which design shall be subject to approval by the Agency and the City, (ii) the construction of the Project by the Developer in accordance with final plans and specifications to be provided by the Developer and approved by the Agency and the City, (iii) the operation and management of the Project by the Developer in a good and professional manner, (iv) the maintenance of the Improvements and any landscaping in good condition and satisfactory state of repair so as to be attractive to the residents and to the community, (v) the operation of the Project by the Developer in compliance with all equal opportunity standards established by Federal, State and local law, (vi) (vii) provision by the Developer to the City upon the City's request of concepts, schematics and the final plans and working drawings for the Project and participation in presentations with respect thereto, and (viii) that the Project shall be of the highest quality and standazd. Section 6(a). Developer Deposit. Upon the approval of this Agreement by the City, the Developer s a pay to e ity a sum of Seven Hundred Fifty Thousand Dollazs ($750,000) as a deposit to the City securing its obligation to comply with the terms of this Agreement (i.e., to negotiate with and enter into the Lease Agreement with the City relative to the development o~"the Project on the Site. DRAFT REGENCY.ENA October is, zoos Page 5 of 9 The Deposit shall be in the form of (1) cash; or (2) a cashier's or certified check. Except as otherwise provided hereinbelow, the Deposit shall be fully refundable to the Developer in the event that the Lease Agreement is entered into by the Parties pursuant to the terms of this Agreement. Moreover, the Deposit may, at the option of the Developer, be applied in its entirety towards the flat rental rate of Two Million Dollars ($2,000,000) payable to the City by the Developer for the lease of the Site as set forth in the Lease Agreement. Section 6(b). Reimbursement of City's Costs from Developer Deposit. However, notwithst~an ing section a a ove to t e contrary, m e event at a ease greement is not entered into by the City and the Developer within the requisite time and in accordance with the terms of this Agreement and the City has negotiated in good faith with the Developer, One Hundred Thousand Dollazs ($100,000) of the Deposit, along with any and all accrued interest thereon, shall be kept by the City and applied towards the City's expenses incurred pursuant to the Project and/or this Agreement regardless of the actual amount of such City expenses. However, in the event the Lease Agreement is not entered into by the parties as a result of the City failing to negotiate in good faith, then the entire amount of the Deposit, including any and all interest thereon, shall be refunded to the Developer. Section 7. Schedule of Performance. It is the intention of the City and Developer that the deve o~of a rte a comp et m a timely and an expeditious manner. Accordingly, the Lease Agreement shall provide in reasonable detail the tasks to be completed by the Parties in the development process and the projected date of completion for each such tasks. Section 8. Environmental. Execution of a Lease Agreement by the City shall be subject to the roFr"ectrs comp lance wit t e California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 2100 et seq. (as amended, and including any successor statutes and regulations promulgated pursuant thereto). In this regard, the City may conduct an Initial Study of the proposed Project pursuant to Section 15063 of CEQA in order to determine if an environmental impact report ("EIR") will be necessary to examine potential and significant effects the proposed Project will have on the environment. The Developer hereby agrees to provide all assistance to the Agency necessary for the Agency to carry out its obligations under CEQA. Section 9. Termination. The City may terminate this Agreement if the Developer should fail to com~y with an pe orm in a timely manner all provisions hereof to be performed by the Developer, or if no progress is being made in the Lease Agreement negotiations as provided for herein. The City shall give five (5) days written notice to the Developer specifying any failure of the Developer to comply with the terms of this Agreement. The City shall not terminate this Agreement if the Developer cures the deficiency(ies) specified in the notice within said five (5) day period. DRAFT REGENCY.ENA October 15, 2001 Page 6 Of 9 Section 10. Governing Law. This Agreement and the legal relations between the parties hereto shaII'~erne y an construed and enforced in accordance with the laws of the State of California. Section 11. No Other Agreement. This Agreement constitutes the entire agreement of the parties ereto wi respect to a su sect matter hereof. There aze no agreements or understandings between the parties and no representations by either party to the other as an inducement to enter into this Agreement, except as expressly set forth herein. All prior negotiations between the parties are superseded by this Agreement. This Agreement may not be altered, amended or modified except by a writing executed by both parties. Notwithstanding anything provided herein to the contrary, whether expressed or implied, the City shall have no obligation to enter into the Lease Agreement with the Developer and neither the City nor its officers, members; staff or agents have made any promises to the Developer other than to exclusively negotiate in good faith with the Developer during the Exclusive Negotiating Period, and no statements of the City or its officers, members, staff or agents as to future obligations shall be binding upon the City until the Lease Agreement has been approved by the City and duly executed by the City Manager of the City or his designee. Section 12. Prohibition Against Assignment. This Agreement shall not be assigned by the Developer. Section 13. Notices. Any notice which is required or which may given hereunder maybe delivere or mai ed tot a party to be notified, as follows: If to the Developer: Regency Outdoor Advertising, Inc. 8820 Sunset Boulevard, Room F Los Angeles, California 90069 Attention: c/o Ken Spiker And Associates, Inc. 1100 South Flower Street, Suite 2100 Los Angeles, California 90015-2115 Attention: Ken Spiker If to the City: City of Lynwood 11330 Bullis Road Lynwood, California 90262 Attention: Ralph Davis, City Manager DRAFT REGENCY.ENA October ~5, 200 Page 7 Of 9 With a copy to: Kane, Balhner and Berkman 550 S. Figueroa Street, Suite 1850 Los Angeles, CA 90071 Attention: Royce K. Jones, Esq. Section 13. Public Meeting. Any Lease Agreement that may be negotiated is subject to consideration at a pu is meeting by the City. Nothing in this Agreement shall commit or be construed as committing the Agency or the City to take any action necessary for the approval of the Lease Agreement. Section 14. Counterparts. This Agreement may be executed in counterparts, each of which when so ex- e~ s a e eemed an original, and all of which, together, shall constitute one and the same instrument. Section 15. Attorney's Fees. In the event that either party hereto brings action or proceeding against et o er party toe orce or interpret any of the conditions or provisions of this Agreement, the prevailing party shall be entitled to recover all reasonable attorney's fees and expenses and court costs associated with such action or proceeding. Section 16. Effect of Agreement. Notwithstanding any other provision of this Exclusive Negotiator- gTement, t e arties expressly acknowledge and agree as follows: None of the matters described in this Agreement as a purported commitment or obligation of the City shall have any effect unless and only to the extent such matters are expressly set forth in the Lease Agreement or other written agreement duly authorized and approved by the City. Notwithstanding any provision of this Agreement to the contrary, Developer acknowledges and expressly agrees as follows: (a) that this Agreement does not obligate the City in any way to approve, in whole or in part, any of the matters described in this Agreement, including, without limitation, matters pertaining to land use entitlements or approvals, permits, waivers or reduction of fees, development or financing of the Site or any matters to be acted on by the Agency, as applicable; (b) that all such matters shall be considered and processed by the City and Agency in accordance with all otherwise applicable Agency and City requirements and procedures; and (c) that the City reserve all rights to approve, disapprove or approve with conditions all such matters in its sole discretion. Upon the execution of the Lease Agreement by the Parties, this Agreement shall be null and void and of no effect and shall be superseded by the terms and conditions of the Lease Agreement. DRAFT REGENCY.ENA October 15, zoos Page 8 Of 9 The City and Developer shall promptly commence the good faith negotiation of a Lease Agreement upon execution of this Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Agreement in the City of Lynwood, County of Los Angeles, State of California, on the date hereinabove first set out. REGENCY OUTDOOR ADVERTISING, INC. a California Corporation (Developer) By: APPROVED AS TO FORM AND LEGALITY: KANE, BALLMER & BERI~MAN City Special Counsel By: oyce ones By: Its: By: Its: CITY OF LYNWOOD, 1 a municipal corporation (City) a p avis, ity anager DRAFT REGENCY.ENA October ~5, 2001 Page 9 Of 9 .,r-. LEASE AGREEMENT by and between THE CITY OF LYNWOOD, AS LESSOR and REGENCY OUTDOOR ADVERTISING, INC., AS LESSEE Regency-Z Lease Oct. 12, 2001 1 S' Draft ,~ TABLE OF CONTENTS ARTICLE 1 SUBJECT OF AGREEMENT .................................. 1 § 101 PLrmose ofT.eas ..................................................1 § 102 The ite .........................................................1 § 103 TheImnrovements .................................................1 z - § 104 Parties to theT.ea e ................................................2 ARTICLE 2. LEASE OF THE SITE .............................................. 2 § 201 Tease and icen e .................................................2 § 202 Term of the T.ease .................................................3 ARTICLE 3. RENT ........... ..............................................4 § 301 Rent AmoLn .....................................................4 § 302 PaymentSchedLle .................................................4 §303 tili os ......................................................4 § 304 No-F.nc ~mbran on h i e/Imnrovementc ............................ 4 §305 elfin Lenc~InRentalPa,~nnent ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„.„.„4 § 306 R1gh o Tnsnection and ALdit of Records ............................... 4 ARTICLE 4. DEVELOPMENT OF THE SITE ... 5 § 401 .......................... ...... Scope and SchedLle of Develo m n § 402 ~ ..........................:....... frost of onstn~ ion ' 5 §403 . .............................. ................. No onstn~ ionB for Noi 5 §404 ,,,,,,,,,,,,,,,,,,,,,,,„.,,,,,,,,._,.. Notice of Non-Re onsibilitv 5 § 405 .~ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . T . . . . Mec~hani~, Materialman, f'ontractor or 4Lhcontractor' T iens 5 S § 406 , ,,, , , , , , , , , , , , T.ess~ or_~ght of Acce d gyring on tr~c ion ........................... 6 § 407 Local, State nd Fe~?er 1 T a~=~s ............................ 6 ............ ARTICLE 5. USE OF THE SITE AND IMPROVEMENTS ........................... 7 § 501 T Ise of the i P and Imnrov m ntc ..... 7 §502 ................................ MaintenanceObligaions §502 ..................................... Management of the4ite ndTmnrovements ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7 g § 503 S~~i 'o~~ .............................. 8 § 504 .................... H ~ rdo~ Sib n s .............................................. 9 ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES .................... 11 § 601 P_;3vment fTenerallv ................................... I 1 - - ---T . . . . . • . . . . • . . §602 PavmentofTmnositionsinInctallm n ,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12 § 603 T.essorRi o ~r ..............................................12 § 604 Tax Recei~ .....................................................12 § 605 Alternative Tax .iabilitv ........................................... 12 § 606 C'on s ........................................................13 § 607 Notice of Posses orv Tntere t ........ .................... 13 § 608 Other T.iens ......................................................13 Regency-2 Lease Oct. 12, 2001 15f Draft .-. '"'* ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IlVIPROVEMENTS ...... 14 § 701 Ownership D~rin_g Term and at Termination ............................ 14 § 702 Removal of Improvements at Termination ............................. 14 § 703 Maintenance of Site and Adiacent -real ............................... 14 § 704 Waste ..........................................................15 § 705 Alteration of Improvements ......................................... 15 § 706 Damag~to or Destn~ction of Im12t-ovements ............................ 15 § 707 Arinlication of TnsLrance Proceeds ................................... 16 § 708 Waiver of Restoration Obligation .................................... 17 § 709 Faithfi~l Perform nce nd Labor and Material ~,yment_l and ; Tndemnification: Nonre~onsibility Notices .......................................... 17 ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER .......................... 17 § 801 Prohibition Against Transfer ........................................ 17 § 802. Exce~ion to Prohibition Against Transfer ............................. 18 § 803 investigation of Proposed Transferee ................................. 18 § 804. Effective Date of Transfer .......................................... 19 § 805. B~nk>rupt~ ......................................................19 § 806. Lessor's Costs ...................................................19 § 807 No Waiver .................................................. ..20 ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS ................... 20 1 ARTICLE 10 INDEMNIFICATION AND INSURANCE .......................:.... 20 § 1001 Indemnification ..................................................20 § 1002 Rye. aired Tns ~r nce ............................................... 20 § 1003 Definition of "Full Insurable Value" .................................. 21 § 1004 General InsLrance Provisions ........................................ 22 § 1005 Failure to Maint in Tn ~r nce ....................................... 22 § 1006 Waiver of Claims ................................................. 23 ARTICLE 11 EMINENT DOMAIN ............................................. 23 ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION ....................... 23 § 1201 Defaults -General ................................................ 23 § 1202T,eaal Actions ....................................................23 § 1203 Attorneys' Fees nd o rt .ottc . . ................................... 24 § 1204 Rights and Remedies are Cumulative ................................. 24 § 1205 Additional Remedies of Lessor ...................................... 24 § 1206 Remedies and Rights of Termination ................................. 25 ARTICLE 13. GENERAL PROVISIONS ......................................... 26 § 1301 No i c, Demands and ('o m~micationS between the Parties ............... 26 § 1302 Time of Essence .................................................. 27 § 1303 Conflict of Lnterests ............................................... 27 Regency-2 Lease Oct. 12, 2001 13` Draft 11 1302 Time of Essence ..................................................27 1303 Conflict of Interests ............................................... 27 1304 Nonliabilit;r of Lessor Officials and Em}~lo~+ees ......................... 27 1305 No P rtner hin ...................................................27 1306 Compliance with Law ............................................. 27 1307 Surrender of Pro~ertT .............................................. 27 1308 SeverabilitT .....................................................28 1309 Bindi g Effect ...................................................28 1310 dons ........................................................28 1311 No Recording of this Lease ......................................... 28 1312 Enforced Dela~~ in Performance for CaLSes Beyond Control of Pal-tT ......... 28 1313 Annlicable Law ..................................................28 1314 Entire Agreement, Waivers and Amendments ........................... 28 1315 9p rovals .......................................................29 EXHIBIT A Map of the Site EXHIBIT B Legal Description of Site Regency-2 Lease Oct. 12, 2001 15` Draft 111 This LEASE AGREEMENT (this "Lease") is made by and between the CITY OF LYNWOOD, a municipal corporation ("Lessor"), on the one hand, and REGENCY OUTDOOR ADVERTISING, INC., a California corporation ("Lessee"), on the other. ARTICLE 1 SUBJECT OF AGREEMENT § 101 P~7ose of Lease The purpose of this Lease is to accomplish the installation, maintenance, and operation of certain new off-site outdoor advertising structures for use by commercial operators and not as a public fon.tm, with the advertising permitted thereon to be as set forth herein, on certain portions of real property located within the City of Lynwood (collectively referred to herein as the "Site"). Certain portions of the Site are either located within the Alameda Redevelopment Project Area or the Project Area "A" Redevelopment.-Project Area of the City of Lynwood. Due to the size, shape and location of the Site, it has not been previously utilized for any community purposes, and, in particular, has not been available for or dedicated to First Amendment activities at any time. The lease of the Site and the construction, maintenance and operation of the Improvements (as defined hereinbelow) pursuant to this Lease are in the best interests of the City and the health, safety, morals, and welfare of its residents, by creating a source of revenue to the City from land not otherwise used by the public, all in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. § 102 The Site The Site is comprised of those certain portions of real property located within the City„ as hereafter defined, in which certain support poles for the Improvements are to be located as determined by Lessee, subject to the approval of City before the Improvements may be installed, maintained, or operated. The Site is illustrated and designated on the "Map of the Site" which is attached hereto and incorporated herein as Exhibit A and is also legally described in the "Legal Description of the Site" which is attached hereto and incorporated herein as Exhibit B. In addition, the Site includes all portions of the air above the Site which are utilized by the completed Improvements, and all portions of the land under the surface of the Site which are utilized for the foundations} of the Improvements. § 103 The Improvements The term "Improvements" as used in this Lease shall mean two (2) double-sided v-shaped sign with two static faces (the "billboazd") each sign face of which shall not exceed fourteen feet (14') in height by forty eight feet (48') in width, (ii) adouble-sided, v-shaped sign with two movable faces (the "message boazd") each sign face of which shall not exceed fifteen feet (15') in height by twenty feet (20') in width, and (iii) all required structures to support the operation and maintenance of the bill board and the message boazd. The sign faces shall be oriented so that one side of the "v" faces east-bound traffic on Interstate 105 and one side of the "v" faces west-bound traffic on Interstate 105, with the exact angle of the "v" to be determined by Lessor so as to minimize the impact on surrounding azeas of light from or on the sign faces. The term "Improvements" shall also mean any and all improvements to the Site approved by Lessor and constructed on the Site by the Regency-2 Lease Oct. 12, 2001 1"Draft Lessee pursuant to this Lease, including any and all amendments, modifications, additions, substitutions and replacements thereof. § 104 Parties to the Lease § 104.1 "Lessor" is the City of Lynwood, a municipal corporation existing under the laws of the State of California. The principal office of Lessor is located at 11330 Bullis Road, Lynwood, CA 90262. "Lessor" as used in this Lease, includes the City of Lynwood and any assignee of or successor to its rights, powers and responsibilities. § 104.2 "Lessee" is Regency Outdoor Advertising, Inc., a California corporation. The principal office of Lessee is located at 8820 Sunset Boulevard, Room F, Los Angeles, California, 90069. Wherever the term "Lessee" is used herein, such term shall also include any permitted nominee or assignee of Lessee as herein provided. ARTICLE 2. LEASE OF THE SITE § 201 Lease and License § 201.1. For and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby leases and demises the Site to Lessees and Lessees hereby take and lease the Site from Lessor beginning on the Commencement Date as defined in Section 202.1 and continuing for the period applicable to each Lessee as set forth in this Lease. § 201.2. For and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby provides Lessees the following licenses beginning on the Commencement Date as defined in Section 202.1 and continuing for the period applicable to each Lessee as set forth in this Lease: (a) a license for pedestrian and vehicular access across those parcels of real property owned by the City ("City Parcels") which Lessee determines are reasonably necessary to access the Site for the construction of the Improvements; (b) a license to store dirt and other materials on the City Parcels during construction of the Improvements, the exact location of which shall be determined in the sole discretion of Lessor; and (c) a license for pedestrian and vehicular access across those portions of the City Parcels reasonably necessary to access the Site and/or the Improvements for the operation, maintenance, repair and/or replacement of the Improvements, as determined by the Lessee responsible for such operation, maintenance, repair or replacement. Regency-2 Lease Oct. 12, 2001 1"Draft 2 Prior to exercising any right or interest granted pursuant to this Lease, Lessee shall provide reasonable written notice to Lessor of its proposed entry unto any City Parcels, together with a statement of the location of such proposed entry, the work intended to be performed in connection therewith, and the time anticipated to complete such work. Any exercise of any right or interest granted pursuant to this Lease shall be conducted in such a manner as (i) to be in compliance with all applicable safety rules and regulations and (ii) to minimize interference with the use by Lessor and/or the general public of the City Parcels as much as is reasonably feasible. Lessee shall indemnify, defend, and hold harmless Lessor and its officers, agents and employees from and against any claim, liability, loss or damage caused by such Lessee in its exercise of the rights or interests granted pursuant to this Lease relative to the Site and/or the City Parcels. In particular, Lessee shall be responsible for the prompt repair and/or restoration of any damage caused by Lessee during any exercise of the rights or interests granted pursuant to this Lease, including, as necessary, replacement of any damaged landscaping material or irrigation system. § 201.3. Lessor further agrees to make available such access in and to the City Parcels as is necessary to provide electrical or other utility service to the Site, including but not limited to providing any license or other access right necessary for such service, provided, however, that all utility service(s) to the Site shall be designed, constructed, operated and maintained in such a manner as to minimize to the greatest extent possible any interference with the use of the City Parcels by Lessor and/or the general public. § 202 3'erm of the Lease § 202.1. Unless sooner terminated as provided herein, the term of this Lease (the "Lease Term") shall begin on the first day after the Effective Date (the "Commencement Date") and expire on the fifty-fifth (55~'~ annual anniversary of the Commencement Date (the "Termination Date"). Notwithstanding any other provision of this Lease to the contrary, from and after the Termination Date, Lessee shall have no further right, title, or interest in or to the Site or the Improvements, nor any further obligation under this Lease except for unfulfilled obligations of Lessee incurred prior to the Termination Date. § 202.2. Notwithstanding any provisions of this Lease to the contrary, this Lease shall terminate as to all Parties and become null and void if (i) all governmental approvals (including those required of Lessor) necessary for the construction of the Improvements (the "Governmental Approvals") are not obtained by Lessee within six (6) months of the Commencement Date or (ii) the Improvements are not completed within six (6) months following the receipt of the final Governmental Approvals by the Developer. § 202.3. At the expiration or earlier termination of this Lease, the Lessee shall execute, acknowledge and deliver to Lessor, within thirty (30) days after written demand by Lessor, a valid and recordable quitclaim deed covering the Site and the Improvements, free and clear of all liens and encumbrances. Regency-2 Lease Oct. 12, 2001 1 S' Draft 3 ARTICLE 3. RENT § 341 Rent Amount § 301.1. Commencing on the commencement Date, Lessees shall pay Lessor rent, in advance, in the amount of Eight Hundred Thousand Dollars ($800,OO0)(the "Rent Amount"). § 302 Payment 4ched ~l § 302.1. The Rent Amount shall be fully due and payable to Lessor upon execution of this Lease by Lessor. § 303 I Ttili ~,~ts § 303.1 Lessee shall be solely responsible for all utility costs associated with construction, operation and maintenance of the Improvements. § 303.2 Lessee shall, if possible, arrange for utility service(s) to be provided to the Site and Improvements through a separate meter(s) from any meter(s) providing utility service(s) to the City Parcels. Until such time as Lessee obtain separate metering of utilities, Lessor shall determine in its reasonable discretion what portion of each utility bill is attributable to the Improvements, and Lessees shall pay Lessor their share of each utility bill within fifteen (15) days of Lessor providing Lessee with notice of the amount due. If Lessee shall fail to pay such amount to Lessor within the time specified by Lessor, Lessor may (i) seek to have the utility company terminate utility service to the Site and Improvements, or (ii) pay the entire utility bill; and the amount paid by Lessor on Lessee's behalf and the amount of all costs, expenses, interest and penalties connected therewith, including attorneys' fees, together with interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the State of California on the date payment is made by Lessor, shall be deemed to be and shall be payable by Lessees as additional rent and shall be reimbursed to Lessor by Lessees on demand. § 304 No-Fncumbr nrP on he it /Improvements Lessee hereby covenants and agrees there shall be no encumbrance of any kind placed upon the Site, the Improvements or Lessee's leasehold interest pursuant to this Lease during the term of this Lease. § 305 Delinquency In Rental P~,y~~nt, Not Applicable. § 306 Sight to Inspection and Audit of R ~ordc Not Applicable. Regency-2 Lease Oct. 12, 2001 1"Draft 4 ARTICLE 4. DEVELOPMENT OF THE SITE § 401 ~ cone and ched ~l of Develo m .n Lessee shall construct the Improvements upon the Site in accordance with (i) the Governmental Approvals, and (ii) building plans, drawings and specifications approved by Lessor. The Improvements shall be completed within six (6) months after the final Governmental Approvals aze obtained by Lessee. Failure to complete the Improvements within such time shall be deemed a breach of this Lease. § 402 Cost of COnstructlon The cost of developing the Site and the Improvements thereon in accordance with this Lease shall be borne solely by Lessee. § 403 No Construction efore No i No work of any kind shall be commenced on the Site and no building or other materials shall be delivered to the Site for construction of any improvements, nor shall any other building or land development work be commenced on or building materials be delivered to the Site at any time during the Lease Term, until at least ten (10) days following notice by Lessee to Lessor of the intended commencement of such work or the delivery of such materials. From and after the Termination Date, no new construction work of any kind shall be commenced on the Site and no building or other materials shall be delivered to the Site for construction of'any new improvements or reconstruction of any existing improvements nor shall any other building or land development work be commenced on or building materials be delivered to the Site. § 404 Notice of Non-Re~pon ibili v Lessor shall, at any and all times during the term of this Lease, have the right to post and maintain on the Site and to record as required by law any notice or notices ofnon-responsibility provided for by the mechanics' lien laws of the State of California. § 405 _M_echanic, lhaterialman, Contra for or S ~b ofltrdctnr'S i iPn~ Subject to the right to contest as hereinafter provided, Lessee shall keep the Site, including all buildings and improvements now or hereafter located on the Site, free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Site or Improvements. Lessee shall promptly (i) pay and discharge, or cause the Site to be released from, any such lien or claim of lien, or (ii) contest such lien and furnish Lessor such bond as maybe required by law to free the Site from the effect of such lien and to secure Lessor against payment of such lien and against any and all loss or damage whatsoever in any way axising from Lessee's failure to pay or dischazge such lien. In the event Lessee provides a bond in lieu of paying or discharging a lien as set forth herein, and Lessor is unable despite reasonably diligent effort to obtain an endorsement to any existing title policy in favor of Lessor insuring Lessor's interest in the Site free and clear of any such liens that have not been paid or discharged, Lessee shall, at their sole Regency-2 Lease Oct. 12, 2001 1"Draft $ cost and expense, within thirty (30) days of Lessor's written request therefor, provide Lessor with such endorsement. If Lessee fails to pay and discharge, or cause the Site to be released from, any such lien or claim of lien or to provide a bond as permitted hereunder within thirty (30) days after service on Lessee by Lessor of a written request to do so, then Lessor may pay, adjust, compromise and discharge any such lien or claim of lien on such terms and in such manner as Lessor may reasonably deem appropriate. In such event, Lessee shall, on or before the first day of the next calendar month following any such payment by Lessor, reimburse Lessor for the full amount so paid by Lessor, including any actual and reasonable attorneys' fees or other costs expended by Lessor, together with interest thereon at the annual rate of interest equal to three percent (3%) over the prime rate of the lazgest bank operating in the State of California as of the close of business on the date of payment by Lessor, or the highest lawful rate, whichever is less, from the date of payment by Lessor to the date of Lessee's reimbursement of Lessor. Upon substantial completion of any work of improvement on the Site during the term of this Lease, Lessee shall record or cause to be recorded in the Official Records of Los Angeles County a notice of completion. Lessee hereby appoints Lessor as its attorney-in-fact to record the notice of completion, which appointment shall only become effective upon Lessee's failure to record such a notice of completion within ten (10) days after the work of improvement has been substantially completed; provided, that Lessor shall not be obligated to record such a notice of completion and the failure of Lessor to record said notice shall not excuse the failure of Lessee to discharge its obligation to record said notice of completion. § 406 Less, orl °~ght of A ...cs d gyring on t ion At any time that construction relating to the Improvements is being undertaken by a Lessee, Lessor's City Manager or his designees} shall have the reasonable right of access to the Site and all license areas, without charges or fees, during normal construction hours for the purposes of this Lease, including, but not limited to, the inspection of the work being performed in constructing the Improvements. Lessor shall provide reasonable prior notice to the Lessee prior to entering upon the Site and shall seek to minimize interference with such Lessee's use of the Site as much as is reasonably feasible. Such entry shall be in compliance with all applicable safety rules and regulations. Lessor shall indemnify, defend, and hold harmless such Lessee from and against any claim, liability, losses and damages caused by Lessor during any such inspections, and shall be responsible for the prompt repair and/or restoration of any such damage caused by Lessor during any such inspection. The provisions of this Section 406 shall not be deemed to waive, modify, or affect in any manner any right of access and/or inspection which Lessor has under any other provision of law, including but not limited to its rights as the issuer of any building permit for the Improvements. § 407 T_ocal, State and Federal a~=~ Lessee shall carry out the construction, operation and maintenance of the Improvements in conformity with all applicable laws, including all applicable federal and state labor standards and requirements. Regency-2 Lease Oct. i 2, 2001 15` Draft 6 ARTICLE 5. USE OF THE SITE AND IMPROVEMENTS § 501 i Tse of the Site and Imnrovement~ Lessee covenants and agrees for itself, its'successors, its assigns and every successor in interest to the Site and Improvements or any portion thereof, that during construction and thereafter through the remainder of the term of this Lease, such Lessee, such successors and such assignees shall: a. Develop, use, and maintain the Site solely for the Improvements in accordance with this Lease, the Government Approvals and plans approved by Lessor pursuant thereto. b. Permit Lessor, without charge or fee, to share use of the message board for such messages as Lessor determines in its sole discretion to display. At Lessor's discretion, such messages shall be displayed on the message board for up to ten (10) days of every month, with a total display time for Lessor messages of approximately three (3) hours within each day (i.e., each twenty four (24) hour period). The Lessor's messages shall be displayed in accordance with the normal rotational order of messages on the message board. c. Subject to Sections 706 through 708 of this Lease, operate the Improvements in substantially complete fashion, or cause the Improvements to be operated in substantially complete fashion, in accordance with the standards set forth in this Lease; provided, however, that the requirements of this subparagraph for continuous operation shall not apply temporarily for any period required for bona fide major remodeling. d. Not permit any advertisement or display which may interfere with, mislead or distract traffic or conflict with any traffic control device, nor permit any advertisement or display promoting (i) cigarettes, cigars, pipe tobacco, chewing tobacco, or any other tobacco related item; (ii) beer, wine, distilled spirits, or any other alcoholic beverage; or (iii) any product, business, or group of products or businesses identified by address or location unless such address or location is within the City of Lynwood. Should Lessor in its sole discretion determine that any advertisement or display violates the conditions of this paragraph, Lessees shall remove such advertisement or display within twenty four (24) hours of written notice thereof by Lessor to Lessee. § 502 Maintenance Obliga ion 502.1 During the Lease Term, Lessee shall maintain, repair and operate the Site and the Improvements, or cause the Site and the Improvements to be maintained, repaired and operated, in a first class condition, free of debris, waste and graffiti, and in compliance with the terms of Lessor's Municipal Code, and the following: a. All Improvements on the Site shall be maintained in good condition in accordance with the custom and practice generally applicable to high quality billboards and message boards, and in conformance and compliance with all plans, drawings and related documents approved by Lessor pursuant to this Lease, and with all conditions of approval, including cleaning, repainting, or resurfacing, as appropriate, of all exterior surfaces of the Improvements, preventative Regency-2 Lease Oct. ] 2, 2001 1" Draft 7 maintenance, and repair or replacement of any items on the sign structure which are not in excellent working order and condition. b. The Site and the Improvements shall be kept clean and clear of refuse and obstructions, and all garbage, trash and rubbish shall be lawfully disposed of. c. Lessee's maintenance and operation obligations for the Improvements shall include providing or paying for all necessary utilities such as electricity and communications services and any security device(s) or services} required to assure the Improvements are not subject to vandalism. d. Lessee shall make necessary and appropriate capital improvements to preserve the Improvements, including, but not limited to, from time to time making such improvements and replacements which take into account state of the art, technological and other changes in the maintenance and operation of high quality advertising sign operations. e. Lessee shall have full responsibility for the operation and maintenance (including repair, restoration and reconstruction) of all of the Improvements and the costs thereof, and the Lessor shall have no liability for costs of such operation and maintenance or for any claims arising from the operation and maintenance (including repair, restoration and reconstruction) of such improvements. 501.2 In addition to maintenance of the Site and Improvements required by Section 501.1 above, Lessee shall maintain any and all trees affecting the visibility fif the Improvements in such a manner as to assure that the Improvements remain visible Interstate 105. All such maintenance shall be performed in accord with standard landscaping industry practices to assure to the greatest extent the health of any such trees. § 502 Management of the Site nd Improvements At all times the Site and Improvements shall be managed or caused to be managed by Lessee in a prudent and business-like manner as necessary to maintain the Site and Improvements in a first-class condition. During the Lease Term, Lessee shall provide, or cause to be provided, personnel and services necessary to enable operation of the Improvements. All services shall be provided in consideration for the granting of this Lease and no amount shall be payable by Lessor for such services. § 503 quiet Enzo Lessor hereto covenants and agrees that during the Lease Term, Lessee, by keeping and performing the covenants herein contained, shall at all times during the Lease Term shall peaceably and quietly have, hold and enjoy the Site and Improvements. Regency-2 Lease Oct. 12, 2001 I5f Draft 8 § 504 Ha_~ardouc ~bc nce § 504.1. "Hazardous Substance" as used in this Lease means any substance, material or waste which is or becomes regulated by the United States government, the State of California, ar any local or other governmental authority, including, without limitation, any material, substance or waste which is (i) defined as a "hazardous waste," "acutely hazardous waste," "restricted hazardous waste," or "extremely hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code; (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code; (iv} defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphenyl; (viii} listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapter 20; {ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any governmental requirements either requires special handling in its use, transportation, generation, collection, storage, treatment or disposal, or is defined as "hazardous" or is harmful to the environment or capable of posing a risk of injury to public health and safety. § 504.2. The development, construction and uses of the Site permitted under this Lease do not require the presence of any Hazardous Substance on the Site, except for those customarily used in the ordinary course of business for such development, construction and use of the Improvements. § 504.3. Lessee shall not bring or allow to be brought onto the City Parcels or onto the Site or use or store on the City Parcel or on the Site any Hazardous Substances without the prior express written consent of Lessor, except for those Hazardous Substances (including without limitation fuel stored in motor vehicles) customarily used in the ordinary course of business in the use and operation of the Site for the Improvements. § 504.4. Subject to the provisions of Section 504.5 below, the following covenants pertain to Lessee's occupancy and use of the Site and Improvements except for those Hazardous Substances customarily used in the ordinary course of business: a. No underground storage tanks for Hazardous Substances shall be installed without the prior written approval of Lessor. b. Lessor, or its officers, employees, contractors or agents, shall at all times have the right to go upon and inspect the Site and Improvements and the operations conducted thereon to assure compliance with the requirements herein stated. Lessor shall provide reasonable prior notice to Lessee of such entry, and shall seek to minimize interference with Regency-2 Lease Oct. 12, 2001 i s` Draft 9 Lessee's use of the Site and Improvements as much as is reasonably feasible. Such entry shall be in compliance with all applicable safety rules and regulations. This inspection may include taking samples for testing of substances and materials present and/or testing soils on the Site and Improvements. Lessor shall indemnify, defend, and hold harmless Lessee from and against any claims, liabilities, losses, snd damage caused by Lessor during any such inspections, and shall be responsible for the prompt repair and/or restoration of any such damage caused by Lessor during any such inspection. c. Lessee shall be responsible for posting on the Site and Improvements any signs required by Section 25249.6 of the California Health and Safety Code and regulations promulgated pursuant thereto. Lessee shall also complete and file any business response plans or inventories required by Chapter 6.95 of the California Health and Safety Code and regulations promulgated pursuant thereto or any successor thereto. Lessee shall concurrently file a copy of any such business response plan or inventory with Lessor. d. Lessee shall immediately notify Lessor in writing of the release by it or its officers, agents, contractors or employees of any Hazardous Substance on the City Parcels or on the Site and Improvements in violation of applicable law. e. Lessee shall, to the extent required by applicable law, immediately remove any Hazardous Substances located on the Site or Improvements and shall dispose of such Hazardous Substances in a .safe and legal manner. Lessee shall immediately disclose to Lessor its disposal of any Hazardous Substance which was located on the Site or Improvements and, upon Lessor's written request, shall provide written documentation of its safe and legal disposal. § 504.5. Lessee shall be responsible for and bear the entire cost of removal and disposal of Hazardous Substances found upon or brought upon the Site during the Lease Term, including, but not limited to, such substances identified after the expiration of the Lease Term. Lessee shall also reimburse Lessor for any and all clean-up costs incurred by Lessor as a result of that Lessee's activities anywhere on the City Parcel and/or on the Site. Removal and disposal Hazardous Substances shall be deemed to include removal and disposal, in accordance with all applicable laws, of any equipment or improvement to the property contaminated by Hazardous Substances. The foregoing responsibilities shall not apply to any costs that may be created solely by the omission or negligence of Lessor or its officers, agents or employees. § 504.6. Lessee hereby agrees to indemnify, defend and hold harmless Lessor and its respective members, officers, agents, employees, contractors and consultants from any claims, actions, suits, legal and administrative proceedings, liability, injury, deficiency, damages, fines, penalties, punitive damages, costs and expenses (including, without limitation, the cost of any cleanup, remediation, removal, mitigation, monitoring or testing of Hazardous Substances, and reasonable attorneys' fees) resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Substances on, under, in or about, or the transportation of any Hazardous Substances to or from the Site during the Lease Term; or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or Regency-2 Lease Oct. 12, 2001 ] S' Draft j Q license relating to the use, generation, release, dischazge, storage, disposal or transportation or Hazazdous Substances on, under, in or about, to or from the Site during the Lease Term. § 504.7. Lessee hereby waives, releases and discharges Lessor and its officers, employees, agents, contractors and consultants from~any and all present and future claims, demands, suits, legal and administrative proceedings, and from all liability for damages, losses, costs, liabilities, fees and expenses (including, without limitation, attorneys' fees) arising out of or in any way connected with Lessees' use, maintenance, ownership or operation of the Site, any Hazazdous Substances on the Site, or the existence of Hazazdous Substances contamination in any state on the Site, however the Hazardous Substances came to be placed there, except that arising out of the intentional misconduct of Lessor or any of its employees, officers or agents. Lessee acknowledges it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." As such relates to this Section 504, Lessee hereby waive and relinquish all rights and benefits which they may have under Section 1542 of the California Civil Code. ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES § 601 ~yment GenerallT Lessees agree to pay or cause to be paid, as and when they become due and payable, and before any fine, penalty, interest or cost may be added thereto, or become due or be imposed by operation of law for the nonpayment thereof, all taxes, assessments, franchises, excises, license and permit fees, and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen and foreseen, of any kind and nature whatsoever which at any time during the Lease Term may be assessed, levied, confirmed, imposed upon, or grow or become due and payable out of or in respect of, or become a lien on: (i) the Site and Improvements or any part thereof or any appurtenance thereto; or (ii) this transaction or any document to which a Lessee is a party, creating or transferring an interest or estate in the Site and Improvements. All such taxes, franchises, excises, license and permit fees, and other governmental levies and charges shall hereinafter be referred to as "Impositions," and any of the same shall hereinafter be referred to as an `:Imposition." Any Imposition relating to a fiscal period of the taxing authority, a part of which period is included within the term of this Lease and a part of which is included in a period of time after the expiration of this Lease, shall (whether or not such Imposition shall be assessed, levied, confirmed, imposed upon, become a lien upon the Site and Improvements, or shall become payable, during the term of this Lease) be adjusted between Lessor and the Lessee as of the expiration of the Lease so that Lessee shall pay that portion of such Imposition which that part of such fiscal period included in the period of time before the expiration of such term of this Lease bears to such fiscal period, and Lessor shall pay the remainder thereof; provided, however, that Lessee shall not be entitled to receive any apportionment if Lessee shall be in default in the performance of any of the covenants and agreements as provided in this Lease. Regency-2 Lease Oct. 12, 2001 15` Draft 11 the Site and Improvements, or to Lessee's leasehold estate therein, whether by act of such Lessee or otherwise, during the Lease Term. The existence of any mechanic's, laborer's, materiahnan's, supplier's or vendor's lien, or any right in respect thereof, shall not constitute a violation of this Section if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen, or if such lien has been discharged by the posting of bonds or other lien-release security as is provided for such discharge by law. ARTICLE 7 OWNERSHIl' OF AND RESPONSIBILITY FOR IlVIPROVEMENTS § 701 Owner~hi Sri g Term and at Termination All Improvements on the Site, whether or not constructed or installed by any Lessee as permitted or required by this Lease, shall, during the term of this Lease, become part of the Site and Lessees' leasehold interests under this Lease shall apply to those Improvements. All Improvements located on the Site, whether existing thereon on the Commencement Date, or thereafter constructed or installed on the Site as permitted or required by this Lease shall, at the expiration or sooner termination of the term of this Lease, be and remain the property of Lessor. Subject to a Lessee's rights and obligations set forth in this Lease relating to alterations and additions, Lessee shall have no right at any time to waste, destroy, demolish or remove any of the Improvements. Lessee's rights and powers with respect to the Improvements aze subject to the terms and limitations of this Lease. Lessor and Lessee covenant for themselves and all persons claiming under or through them that the Improvements aze real property. § 702 Removal of Improvements at Termination Upon demand of Lessor provided to Lessee not less than one (1) month prior to any termination or anticipated expiration of this Lease, Lessee shall demolish and completely remove all Improvements from the Site, at its sole cost and expense, and shall return the surface of the land which comprises the Site to the same condition as it was in on the Commencement Date. All such work shall be completed within three (3) months after the termination or expiration of the Lease. Should the Lessee fail to complete such demolition and removal to the satisfaction of Lessor within the time provided, Lessor may, at its option, undertake any work necessary and Lessees shall reimburse Lessor for all costs incurred by Lessor in such work. § 703 Maintenance of Site and Adyacent Areac § 703.1 The responsibilities of each Lessee for maintenance of the Site, the Improvements, and certain trees on the City Pazcels aze set forth in Section 502 above. Lessor reserves and shall have the right at all reasonable times to enter the Site and the Improvements for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Site and the Improvements or to inspect the operations conducted thereon, subject to the limitations and requirements for Lessor rights of access set forth in Section 406 of this Lease. In the event that Lessor determines that the Site or the Improvements are not in a decent, safe, and sanitary condition, aze damaged, or in disrepair, or aze otherwise not maintained in the condition required by this Lease, or that the trees for which Lessee is responsible have not been maintained as required by this Lease, Lessor shall have the right, after thirty (30) days written notice to the Lessee with maintenance Regency-2 Lease Oct. 12, 2001 151 Draft 14 ••• ,~.. responsibility and such Lessee's failure to cure the problem within saidthirty-day period, to have any work Lessor deems necessary performed for and at the expense of such Lessee. Notwithstanding the foregoing, if Lessor gives written notice to the Lessee with maintenance responsibility that the deficiency is an urgent matter relating to public health and safety, Lessee shall cure the deficiency with all due diligence and shall complete the cure at-the earliest possible time but in no event more than forty-eight (48) hours following the submission of the notice, and upon failure of Lessee to perform the required work within such time, Lessor shall have the right to perform such work for and at the expense of such Lessee. Lessee hereby agrees to pay promptly any and all casts incurred by Lessor in having such work done. Such work may include, but not be limited to, replacement of any tree which is diseased or damaged if such disease or damage is caused by the failure of Lessee to maintain such tree in accordance with the requirements of this Lease. § 703.2 Except as set forth in Section 502.3, Lessor shall be solely responsible for routine maintenance of all turf or other landscaping on the surface of the ground in the City Parcels. The provisions of this Section shall not be deemed to modify or affect the obligation of any Lessee to repair any damage to such landscaping on the City Parcels for which it is responsible under this Lease. § 704 Waste Lessee shall not commit or suffer to be committed any waste or impairment of the Site. or the Improvements, or any part thereof. § 705 Alteration of Tmnrovemen s Lessee shall not make or permit to be made any alteration of, addition to or change in the Improvements without the prior written consent of Lessor other than (i) alterations, additions or changes to any sign face(s) as necessary to implement a change in advertising copy; (ii) routine maintenance or repair; or (iii) alterations, additions or changes not open to public view which cost in the aggregate less than an amount equal to Ten Thousand Dollars ($10,000.00), which amount shall be escalated from the date of this Lease in accordance with the CPI. Lessee shall not demolish all or any part of the Improvements, except such demolition as necessary to implement a change in advertising copy, without the prior written consent of Lessor. In requesting consent for work subject to this Section 705, Lessee shall submit to Lessor detailed plans and specifications of the proposed work and an explanation of the need and reasons thereof. Notwithstanding the prohibition in this Section 705, Lessee may make such changes, repairs, alterations, improvements, renewals or replacements to the Improvements as are required by reason of any law, ordinance, regulation or order of a competent government authority. § 706 Damage to or DeStrn .t;on of Im~nrovementc § 706.1. In case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall within ten (10) days after they becomes aware of such damage or destruction give written notice thereof to Lessor generally describing the nature and extent of such damage or destruction. Regency-2 Lease Oct. 12, 2001 151 Draft 15 ~ ~ § 706.2 Except as set forth in Section 708 below, in case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall commence the restoration, replacement or rebuilding of the Improvements with such alterations and additions as may be approved by Lessor (such restoration, replacement, rebuilding alterations and additions, together with any temporary repairs and property protection pending completion of the work being herein called "Restoration") within thirty (30) days of such damage or destruction, plus any additional period reasonably required to obtain any Net Insurance Proceeds to be used to pay all or a portion of the cost of such Restoration, and shall complete such Restoration within a reasonable period of time thereafter. As used herein, the term "Net Insurance Proceeds" means the gross insurance proceeds paid by an insurer to Lessee for loss or damage to the Improvements on the Site, less any and all costs and expenses (including, but not limited to reasonable attorneys' fees) incurred to recover said proceeds. Lessee agrees to promptly commence and prosecute to completion the settlement of insurance proceeds with respect to any event of damage or destruction of the Improvements. § 706.3 Lessee agrees, notwithstanding any other provision of this Lease, that upon any event of damage or destruction to the Improvements during the Lease Term, it shall, at its sole cost and expense, immediately take or cause to be taken such actions and undertake and complete such work as is necessary to assure the safe condition of the damaged Improvements pending the ultimate disposition of the Improvements. § 707 A}~lzlication of Incur ncP Pro ee~c ' 707.1 Insurance proceeds carried under Article 10 below which are received on account of any damage to or destruction of the Site or the Improvements or any portion thereof during the Lease Term (less the costs, fees and expenses incurred in the collection thereof, including without limitation attorneys' fees and expenses) shall be applied as follows: a. Within a reasonable time and in any event within one hundred eighty (180) days after the damage to or destruction of the Improvements, Lessee shall furnish, or cause to be furnished to Lessor evidence satisfactory to Lessor (i) of the total cost of Restoration of the damaged or destroyed Improvements and (ii) that the total amount of money available will, when added to the insurance proceeds received and available to pay for the Restoration pursuant to the terms of this Section 707, be sufficient to pay the cost of such Restoration. b. Net Insurance Proceeds received on account of any damage to or destruction of the Improvements, or any part thereof, shall be paid to Lessees or as Lessees may direct from time to time as Restoration progresses, solely to pay (or reimburse Lessees for) the cost of Restoration. Upon receipt by Lessor of evidence that Restoration has been completed, the cost thereof has been paid in full or has been adequately provided for, and there are no mechanic's or similar liens for labor or materials supplied in connection therewith which have not been adequately provided for, the balance, if any, of such proceeds shall be paid to or retained by Lessee. Regency-2 Lease Oct. 12, 2001 1 °` Draft 16 § 708 Waiver of Rectors ion Obli ion Not Applicable § 709 Faithful Performance and bor and lhat rial ~p ~m+ n and , Indemnifira ion, Nonresponsibility Notices § 709.1. Lessee agrees to hold harmless and indemnify Lessor and each of its officers, employees and agents against all claims, liabilities, costs, and expenses for labor and materials in connection with all construction, repairs or alterations on the Site and Improvements occurring during the Lease Term, and the cost of defending against such claims, including reasonable attorneys' fees. § 709.2. Lessee-agrees to procure, or cause the procurement of, contractor's bonds covering labor, materials and faithful performance for construction on the Site and the Improvements in accordance with the following requirements: a. Such bonds shall be in an amount equal to one hundred percent (100%} of the total sum of the construction price in the contract entered into by that Lessee and its general contractor, or, if that Lessee is acting as general contractor, in an amount equal to one hundred twenty-five percent (125%) of the total sum of the construction prices to be paid to each sub-contractor. b. Lessee shall, prior to commencement of construction, deliver to Lessor a certificate or certificates from the bonding company or companies issuing the aforesaid bonds, naming Lessor as additional co-obligee under said bonds. § 709.3. Lessor shall have the right to post and maintain on the Site and the Improvements any notices of nonresponsibility provided for under applicable law. ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER § 801 Prohibition Againct Tr ncf r § 801.1 Lessee hereby represents and warrants that this Lease and its other undertakings pursuant hereto are and will be used for the purpose of Lessee constructing, maintaining and operating the Improvements. § 801.2 Lessee shall not, except as permitted by this Lease, make any Transfer, as hereinafter defined, to any person or entity (a "Transferee") without the prior written consent of Lessor. Any purported Transfer not permitted by this Article 8 shall be ipso facto null and void, and no voluntary or involuntary successor to any interest of Lessee under such a Transfer shall acquire any rights pursuant to this Lease. These restrictions shall be binding on any successors, heirs or permitted Transferees of any Lessee. "Transfer," as used herein, shall mean any assignment or attempt to assign this Lease or any right herein, any total or partial transfer, sale, assignment, lease, sublease, license, franchise, gift, hypothecation, mortgage, pledge, encumbrance, or the Iike. Regency-2 Lease Oct. 12, 2001 151 Draft 1'] ,.. ,.*. § 801.3. No voluntary or involuntary successor in interest of Lessee shall acquire any rights or powers under this Lease except as expressly permitted under this Lease. This Lease may not be assigned, nor may a transfer of interest take place without the express, prior written consent of Lessor. § 801.4. During the existence of this Lease, Lessee shall promptly notify Lessor of any and all changes whatsoever in the identity of the parties in control of such Lessee, or a change in the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. § 801.5. In the absence of specific express written provision to the contrary by Lessor, a Transfer of the Site and Improvements, or portion thereof, as approved by Lessor, shall not be deemed to relieve the transferring Lessee or any other party from any obligations under this Lease arising on or after the effective date ©f the Transfer. § 801.6. No provision hereof authorizing a Transfer of a Lessee's interest herein shall be construed to authorize encumbrance of Lessor's fee title to the Site or Lessor's interest under this Lease, and no Lessee shall by any act or deed cloud Lessor's fee title or Lessor's interest under this Lease. § 801.7. No provision hereof authorizing a Transfer of a Lessee's interest herein shall be construed to affect in any manner the other Lessee's interest under this Lease, unless specifically agreed to by such other Lessee and Lessor. § 802. F-F_xcention to Prohibition Against Transfer The prohibition against Transfer established by this Article 8 shall not be deemed to prevent (i) the renting or subleasing or licensing of space for advertisements or displays consistent with the customary uses and practices for billboards and message boards or (ii) the assignment of this Lease to any affiliate of a Lessee or joint venture in which such Lessee participates provided that such Lessee submits evidence satisfactory to Lessor that the principals who own and control such Lessee will maintain a majority controlling interest after consummation of such transaction and will have the ability to maintain a majority controlling interest throughout the Lease term applicable to such Lessee. § 803 Tnv "g;ation of Proposed Transf r § 803.1. In the event that a Lessee requests Lessor's written consent to a proposed Transfer of its interest in this Lease pursuant to this Article 8, such Lessee agrees to provide Lessor with such information, including financial statements, as Lessor may reasonably require in order to evaluate the solvency, financial responsibility and relevant business acumen and experience of any proposed Transferee. Such information shall include, without limitation, a balance sheet of the proposed Transferee as of a date within ninety (90) days of the request fvr Lessor's consent, statements of income or profit and loss of the proposed subtenant or assignee for the two-year period preceding the request for Lessor's consent, if the same be available (or such other similar information as shall be available at the time the request for approval of the Transfer is made), Regency-2 Lease Oct. 12, 2001 1 S` Draft 18 and a written statement in reasonable detail as to the business and experience of the proposed Transferee during the five (5) years preceding the request for Lessor's consent. § 803.2. Within thirty (30) days after the receipt of a Lessee's written notice requesting Lessor approval of a Transfer, Lessor shall respond in writing by stating what further information, if any, Lessor reasonably requires in order to determine whether or not to approve the requested Transfer. Upon receipt of such a timely response, such Lessee shall promptly fiunish to Lessor such further information as may be reasonably requested. § 803.3. Lessor shall approve or disapprove any requested Transfer for financing purposes within thirty (30) days after Lessee's request therefor is accepted as complete, and Lessor shall approve or disapprove any other type of requested Transfer requiring Lessor approval within forty-five (45) days after Lessee's request therefor is accepted as complete. A failure by Lessor to act within such time shall be deemed disapproval of the request. § 804. Effective Date of Tran f r If Lessor consents to any Transfer pursuant to this Article 8, such consent shall not be effective unless and until the Lessee requesting the Transfer gives Lessor notice of completion of the Transfer and a copy of any documents effecting and/or evidencing such Transfer, and unless and until any such Transferee (other than a sublessee) assumes all of the obligations and liabilities of such Lessee under this Lease. § 805. ~anl~tcy It is acknowledged and agreed that this Lease is a lease of real property within the meaning of Subsection 365(b) {3) of the Bankruptcy Code, 11 U.S.C. Section 101 et seq. To the extent not prohibited by provisions of the Bankruptcy Code, including Section 365(f}(1) thereof, each Lessee on behalf of itself and its creditors, administrators and assigns waives the applicability of Sections 541(c} and 365(e) of the Bankruptcy Code of 1978 unless the proposed assignee of the Trustee for the estate of the bankrupt meets Lessor's standards for consent. Lessor has entered into this Lease with each Lessee in order to obtain for the benefit of the Site the unique types of facilities, businesses, services and goods which such Lessee can bring to the Site; the foregoing prohibition on Transfer or subletting is expressly agreed to by each Lessee in consideration of such fact. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act to have assumed all of the obligations arising under this Lease on and after the date of such Transfer. Any such assignee shall upon demand execute and deliver to Lessor an instrument confirming such assumption. § 806. T.eacor's C'o s Lessee agrees to reimburse Lessor for Lessor's reasonable costs and attorneys' fees incurred in connection with the processing and documentation of any Transfer or change of ownership of this Lease or Lessee's interest in and at the Site requested by such Lessee, which required Lessor's approval hereunder. Regency-2 Lease Oct. 12, 2001 1" Draft 19 § 807 No Waiver The acceptance by Lessor of any payment due hereunder from any person other than a Lessee shall not be deemed to be a waiver by Lessor of any provision of this Lease or to be a consent to any Transfer or subletting. Consent by Lessor to one or more Transfers of this Lease or to one or more sublets of the Site shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to the provisions of this Lease. ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS Lessor's interest in the Site under this Lease is a vested landlord's reversionary interest and not just a contractual obligation. Notwithstanding anything which is or appears to be to the contrary in this Lease, no Lessee shall encumber Lessor's interest under this Lease or Lessor's fee interest in the Site by any mortgage, deed of trust, lien, security instrument, or financing conveyance of any kind whatsoever. ARTICLE 10 INDEMNIFICATION AND INSURANCE § 1001 Indemnffi .ation § 1001.1 Lessee agree to and shall defend, indemnify and hold harmless Lessor and each of its officers, employees, agents, contractors and consultants from and against all claims, liability, loss, damage, costs or expenses -(including reasonable attorney' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person which shall occur on or adjacent to the Site during the Lease Term and which shall be directly or indirectly caused by or based on the condition of the Site or any portion thereof or any improvements thereon or development, construction, use or operation of the Site or any portion thereof or any improvements thereon by Lessee or either of them, or any activities of Lessee under this Lease, whether such condition, action or inaction be by Lessee or by anyone directly or indirectly employed by or contracted with Lessee and whether such damage or injury shall accrue or be discovered before or after the termination or expiration of the Lease Term. § 1001.2 Lessee shall not be responsible for (and such indemnity shall not apply to) property damage or bodily injury caused by the willful misconduct or gross negligence of Lessor or any of its designated officers, employees, agents, contractors or consultants. § 1002 Re4uired Incuran During the Lease Term, Lessee at its sole cost and expense shall: a. Keep or cause to be kept a policy or policies of insurance against loss or damage to the Improvements resulting from fire, earthquake (to the extent commercially available at commercially reasonable rates), windstorm, hail, lightning, vandalism, malicious mischief, riot and civil commotion, and such other perils ordinarily included in extended coverage fire insurance policies. Such insurance shall be maintained in an amount not less than one hundred percent (100%) Regency-2 Lease Oct. 12, 2001 1"Draft 20 of the full insurable value of the Improvements as defined in Section 1003 below (such value to include amounts spent for construction of the improvements, azchitectural and engineering fees, and inspection and supervision). b. Maintain or cause to be maintained public liability insurance, to protect against loss from liability imposed by law for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of Lessee or under Lessee's control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from the acts or activities in connection with the Site and Improvements of Lessee or its invitees and sublessees, or any person acting for Lessee, or under its control or direction. Any such property damage and personal injury insurance maintained by Lessee shall name Lessor and each of its respective officers, employees, agents and consultants as additional insureds and shall also provide for and protect Lessor against incurring any legal cost in defending claims for alleged loss. Such personal injury and property damage insurance shall be maintained in full force and effect during the entire term of this Lease in an amount not less than One Million Dollars ($1,000,000) combined single limit as of the Commencement Date, which minimum amount of coverage shall escalate on the fifth anniversary of the Commencement Date and once every five years thereafter in proportion to the escalation, if any, during such period in the CPI. Lessee agrees that the provisions of this pazagraph 2 shall not be construed as Iimiting in any way the extent to which such Lessee may be held responsible for the payment of damages to persons or property resulting from such Lessee's activities, or activities of its invitees and sublessees or the activities of any other person or persons for which Lessee is otherwise responsible. c. Maintain or cause to be maintained worker's compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the Worker's Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such worker's compensation insurance shall cover all persons employed by Lessee in connection with the Site and Improvements, and shall cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death in connection with the Site and Improvements, or the operation thereof by Lessee. § 1003 Definition of"F X11 TncnrahlP v~~„o» The term "full insurable value" as used in Section 1002 shall mean the actual replacement cost (without deduction for depreciation) of the Improvements, including the cost of construction of the Improvements, azchitectural and engineering fees, and inspection and supervision. To ascertain the amount of coverage required, Lessee shall cause the full insurable value to be determined from time to time by the insurer or by a qualified expert mutually acceptable to Lessor and Lessee, not less often than once every three years during such the term of this Lease. Regency-2 Lease Oct. 12, 2001 I" Draft 21 § 1004 C~'eneral Incuran Provision § 1004.1. All insurance provided under Section 1002 of this Lease shall be primary insurance for the benefit of Lessor and Lessee providing such insurance. § 1004.2. All insurance provided under Section 1002 shall be periodically reviewed by the Parties for the purpose of mutually increasing or decreasing the minimum limits of such insurance, from time to time, to amounts which may be reasonable and customary for similar facilities of like size and operation. § 1004.3. The insurance to be provided by Lessee may provide for a deductible or self-insured retention of not more than Five Thousand Dollars ($5,000.00}, with such amount to increase at such times as Lessor may require increases in the policy limits as set forth above; provided, that the percentage increase'7n the deductible or self-insured retention shall not exceed the percentage increase in the CPI since the last requested adjustment; and provided, further, that Lessee(s) may maintain such higher deductibles or self-insured retention as may be approved in writing by Lessor. In the event its insurance does provide for deductibles or self-insured retention, Lessee(s) agrees it will fully protect Lessor and each of Lessor's hoards, officers, agents, consultants and employees in the same manner as those interests would have been protected had the policy or policies not contained the deductible or retention provisions. § 1004.4. All insurance herein provided for under Section 1002 shall be effected under policies issued by insurers of recognized responsibility licensed or permitted to do business in the State of California, subject to the reasonable approval of Lessor's City Manager. § 1004.5. Any insurance required to be maintained by Lessee pursuant to Section 1002 may be taken out under a blanket insurance policy or policies covering other premises or properties, and other insureds in addition to the parties hereto; provided, however, that any such policy or policies of blanket insurance shall specify therein, or supplemental written certification from the insurers under such policies shall specify, the amount of insurance irrevocably allocated to the coverage to be provided under Section 1002 and provided further, that in all other respects, any such blanket policy shall comply with the other provisions of Section 1002. § 1004.b. All policies or certificates of insurance shall provide that such policies or certificates shall not be canceled or materially changed without at least thirty (30) days prior written notice to Lessor. § 1004.7. Copies of policies or certificates of insurance shall be deposited with Lessor together with appropriate evidence of payment of the premiums therefor prior to the Commencement Date. § 1005 Failure to Main ain TncT~ran~e If Lessee fails or refuses to procure or maintain insurance as required by this Lease, Lessor shall have the right, and without notice, to procure and maintain such insurance. The premiums paid by Lessor shall be payable to Lessor as additional rent due from Lessee, to be paid on the first day Regency-2 Lease Oct. 12, 2001 1"Draft 22 of the month following the date on which the premiums were paid. Lessor shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s). § 1006 Waiver of Claims Lessee hereby waives any claim against Lessor for any loss covered by insurance of the type specified in Section 1002. Lessee shall obtain from its insurance company or companies a waiver of any right of subrogation that it may have against Lessor. ARTICLE 11 EMINENT DOMAIN This Lease and the provisions thereof shall not be deemed to constitute a waiver by Lessor of its rights of eminent domain relating to the Site and the Improvements. ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION § 1201 Defaults - C'Teneral § 1201.1. Subject to the extensions of time set forth in Section 1313 of this Lease, failure or delay by a Party to perform any term or provision of this Lease constitutes a default under this Lease. The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and, in any event, for monetary defaults within thirty (30) days of such failure or delay, and for non-monetary defaults within the time reasonably required foi cure with reasonable diligence, not to exceed sixty (60) days plus any period or periods of enforced delay required by Section 1313 of this Lease (the "Cure Period"). § 1201.2. The injured Party shall give written notice of default to the Party in default, specifying the default complained of by the injured Party. Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the expiration of the applicable Cure Period. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. § 1201.3. Except as otherwise expressly provided in this Lease, any failure or delay by a Party in asserting any of its remedies or rights as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive a Party of its right to institute and rnlaintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. § 1202 i_~gal Actin In addition to any other rights or remedies, a Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal action must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. Regency-2 Lease Oct. 12, 2001 1" Draft 23 § 1203 Attorneys' Fee nd oL C'.osts In the event that any Party shall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against another Party arising from any default under or violation of this Lease, then the prevailing Party shall be entitled to an award of attorneys' fees and court costs as reasonably determined by a court. § 1204 Rights and Remedie are ~m Ala ive Except with respect to rights and remedies expressly declared to be exclusive in this Lease, the rights and remedies of the Parties are. cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other Party. Upon expiration of the applicable Cure Period, a nondefaulting Party may, at its option, commence an action for damages, specific performance, or any other remedy as is permitted by law for such a default. § 1205 Additional Remedie of T scor In addition to any remedies provided under Section 1204 of this Lease, if after notice from Lessor of a default Lessee fails promptly to commence to cure such default or if the cure is not prosecuted to completion with all due diligence and in any event prior to the expiration of the applicable Cure Period, Lessor, at its option, may thereafter (but not before): a. Correct or cause to be corrected said default and charge the costs therefor to the account of Lessee; b. Correct or cause to be corrected said default and pay the costs thereof from the proceeds of any insurance; c. Continue this Lease and Lessee right to possession in effect and enforce its rights and remedies under the Lease, including the right to recover rent as it becomes due, as provided in Section 1951.4 of the California Civil Code. d. Have a receiver appointed to take possession Lessee's interest in the Site and Improvements, with power in said receiver to administer Lessee's interest therein, to collect alI funds available to Lessee(s) in connection with its operation and maintenance thereof; and to perform all other acts consistent with Lessee's obligations under this Lease as the court deems proper; e. Maintain and operate the Site and Improvements without terminating this Lease. The rights reserved in this Section 1205 shall not create any obligation on Lessor or increase obligations imposed on Lessor elsewhere in this Lease. Regency-2 Lease Oct. 12, 2001 I51 Draft 24 § 1206 Remedies and Rights of Termination § 1206.1. In the event that at any time during the term of this Lease, and in violation of this Lease, Lessee shall: a. Fail to commence and/or complete the construction of the Improvements as required by this Lease or within the time required by this Lease; b. Abandon or substantially suspend construction of the Improvements as required by this Lease prior to the completion thereof; c. Use the Site and Improvements for any purpose other than those provided for in this Lease or fail to use the Site and Improvements in accordance with Section 501 of this Lease; d. Fail or refuse to pay to Lessor when due the applicable rents and other sums required by this Lease to be paid by Lessee(s); e. Fail or refuse to pay when due any taxes, assessments or other Impositions as required by this Lease; f. Make or suffer to be made any voluntary or involuntary conveyance, assignment, sublease or other Transfer of the leasehold interest in the Site and Improvements, or any part thereof, or of the rights of Lessee under this Lease except as expressly permitted by this Lease; g. Commit or suffer to be committed any waste or impairment of the Site or the Improvements, or any part thereof; h. Alter the Improvements in any manner except as expressly permitted by this Lease; i. Fail to maintain insurance as required by this Lease; j. Fail to make full repair and restoration of the Improvements in the event of damage or destruction except as otherwise permitted by this Lease; k. Engage in any financing except as permitted by the terms of this Lease, or any other transaction creating any mortgage on the Site, or placing or suffering to be placed thereon any lien or other encumbrance, or suffering any levy or attachment to be made thereon except as expressly permitted by this Lease; 1. Voluntarily file or have filed against it any petition under any bankruptcy or insolvency act or law, or be adjudicated a bankrupt, or make a general assignment for the benefit of creditors; m. Fail to pay when due any payment or charge or otherwise default on any loan secured by a leasehold mortgage permitted by this Lease; Regency-2 Lease Oct. 12, 2001 I S` Draft 25 n. Abandon or surrender possession of the Site, or Lessee's interest therein; o. Fail to perform any of Lessee's Hazazdous Substances covenants; or p. Fail to perform or comply with any other material term or provision hereof, and any such failure or violation shall not be cured or remedied within the applicable Cure Period; then, in such event, Lessor may, at its option and in addition to any other remedy provided for in this Lease, terminate this Lease and revest in Lessor the leasehold interest(s) theretofore transferred, by written notice of its intention to do so sent to Lessee. § 1206.2. Upon termination of this Lease pursuant to this Section 1206, it shall be lawful for Lessor to re-enter and repossess the Site without process of law, and Lessee(s), in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver peaceably to Lessor immediately upon such termination in good order, condition and repair. Upon such termination title to all Improvements on the Site shall be vested solely in Lessor. § 1206.3. No ejectment, re-entry or other act by or on behalf of Lessor shall constitute a termination unless Lessor gives Lessee written notice of termination in writing as specified in this Lease. Such termination shall not relieve or release any Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination, nor shall such termination relieve any Lessee of its obligations pursuant to Section 702 to remove the Improvements and restore the Site to its condition as of the Commencement Date. § 1206.4. Termination of this Lease under this Section 1206 shall not relieve any Lessee from the obligation to pay any sum paid or payable by it to Lessor or from any claim for damages against a Lessee. § 1206.5. The right of termination provided by this Section 1206 is not exclusive and shall be cumulative to all other rights and remedies possessed by Lessor, and nothing contained herein shall be construed so as to defeat any other rights or remedies to which Lessor may be entitled. ARTICLE 13. GENERAL PROVISIONS § 1301 No i ,Demands nd C'omm mi ations b tw n h Pa ies Formal notices, demands and communications from any one Party to any other Party shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Lessor and Lessee, as designated in Section 105 hereof. Such written notices, demands and communications may be sent in the same manner to such other addresses as any Party may from time to time designate by mail as provided in this Section. Sufficient notice may also be given by personal delivery or reputable overnight delivery service in lieu of mail if reasonably adequate records aze maintained of such service in the ordinary course of business by the person or entity effecting such service. Regency-2 Lease Oct. 12, 2001 1"Draft 26 ,.^ § 1302 Time of .cc n e ~. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Lease. § 1303 Conflict of Interes ~ § 1303.1. No council member, official or employee of Lessor shall have any personal interest, direct or indirect, in this Lease, nor shall any such council member, official or employee participate in any decision relating to the Lease which affects his/her personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. § 1303.2. Lesseewarrants it has not paid or given, and will not pay or give, any officer or employee of Lessor any money or other consideration for obtaining this Lease. § 1304 Nonliability of I.e cor Offi ial~ and mplQyees No council member, official or employee of Lessor shall be personally liable to Lessee, or any successor in interest of Lessee, in the event of any default or breach by Lessor for any amount which may become due to Lessee or successor or on any obligations under the terms of this Lease. § 1305 No Partnership Neither anything in this Lease contained, nor any act of Lessor or Lessee shall be'deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Lessor and Lessee. § 1306C'olnpliance with T a~=~ Lessee agrees, at its sole cost and expense, to comply and secure compliance with all the applicable and valid requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Site and Improvements, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Site and Improvements, all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, including all Iaws prohibiting discrimination or segregation in the use, sale, Iease or occupancy of property. § 1307 Surrender of Pro~e~ty Except as otherwise expressly provided in this Lease, upon the expiration or termination of this Lease pursuant to the terms hereof, it shall be lawful for Lessor to reenter and repossess the Site and Improvements without process of law, and each Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Site and Improvements peaceably to Lessor immediately upon such expiration or termination in good order, condition and repair. Regency-2 Lease Oct. 12, 2001 1 S` Draft 27 -., § 1308 Seve_ rabilitTv. If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. § 1309 Ri_ nding ec This Lease, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. § 1310 C' ions The captions contained in this Lease are merely a reference and are not to be used to construe or limit the text. § 1311 No Recording ofthis T.ea This Lease shall not be recorded. § 1312 Enforced Delav in Perfonman .P for ~t ~ B vond Control of Part; In addition to specific provisions of this Lease, performance by any ITarty hereunder shall not be deemed to be in default where delays or defaults are due to causes beyond the control and without the fault of the Party claiming an extension of time to perform, including war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority (except as to Lessee's obligation to obtain the Governmental Approvals); litigation; unusually severe weather; delays of any independent contractor or supplier; or acts or failure to act of any other public or governmental agency or entity (other than that any act or failure to act of Lessor shall not excuse performance by Lessor}. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. If, however, notice by the Party claiming such extension is sent to the other Parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. § 1313 A}~plicable T.aw The laws of the State of California shall govern the interpretation and enforcement of this Lease. Regency-2 Lease Oct. 12, 2001 1" Draft 28 § 1314 F.ntir m n ,Waivers and Amendments § 1314.1. This Lease is executed in five (5) duplicate originals, each of which is deemed to be an original. This Lease includes thirty-one (31) pages and two (2) exhibits. This Lease shall become effective on the date it is executed on behalf of Lessor ("Effective Date"). § 1314.2. All waivers of the provisions of this Lease must be in writing and signed by the appropriate authorities of Lessor or a Lessee. All modifications or amendments to this Lease must be in writing and signed by the appropriate authorities of Lessor and Lessee. § 1315 Ap rn o Except as expressly provided otherwise in this Lease, approvals required of the Parties shall not be unreasonably withheld, conditioned or delayed. CITY OF LYNWOOD Date: , 2001 By; Paul Richazds, II Mayor ATTEST: City Clerk REGENCY OUTDOOR ADVERTISING, INC., a California corporation Date: , 2001 By; Date: , 2001 gy; Its:_ Regency-2 Lease Oct. 12, 2001 ]" Draft 29 .-. APPROVED AS TO FORM: KANE, BALLMER & BERKMAN City Special Counsel Royce K. Jones Regency-2 Lease Oct. 12, 2001 I51 Draft 30 EXHIBIT A MAP OF THE SITE AREA Regency-2 Lease Oct. 12, 2001 151 Draft LEASE AGREEMENT by and between THE CITY OF LYNWOOD, AS LESSOR and REGENCY OUTDOOR ADVERTISING, INC., AS LESSEE Regency Lease Oct. 12, 2001 15t Draft TABLE OF CONTENTS ARTICLE 1 SUBJECT OF AGREEMENT .............. 1 § 101 Ptt~ose ofTeace ..............~... .......................... § 102 Th~il.~ ............. .................................1 § 103 TheImnrovem n .................................................1 § 104 Pa i s o h Teams ................................................1 .........................................2 ARTICLE 2. LEASE OF THE SITE ................... 2 § 201 Lease nd .i n ..................... ...........................2 § 202 Term o the T.-ac~ .................................................3 ARTICLE 3. RENT ......................... . 4 § 301 Rent Amount ........... ............................ § 302 P~.vmen S h del . .................................................4 § 303 tili, C'.os~tyc. ......................................................4 § 304 No-F.n tmbr n e on h Sit /Tm .... ............................. 4 gJ„--nrov TnPnts , , , , , , , . 4 § 305 Delin~ ~ n ~ In R n ~al Pa, "'~' n ..... .................. . § 306 Bi t to Tngpec ion nd A ~di of Re ords ~ ~ ~ 4 ARTICLE 4. DEVELOPMENT OF THE SITE ............. 5 § 401 Scone and ched ilP of Dev loam n . , , , , , , , , ~ ~ ~ ~ ~ ~ ~ 5 § 402 ~C:ost of (:on ~ tion , , ........1 ............... . § 403 instruction efore Noti a .. . .................................... 5 § 404 Notice of Non-R -snon~;~;~;+-, .................................... 5 § 405 Mechanic, Materialman, Contra tnr or S ~bcontra~t~r__ ~ ~P_ne 5 § 406 Lessor's Right of A res d tring C'onctru ion .. , , , . 6 §407 Local,Sa ndF.d 1 a~=~c. ~~~~~~~~~~~~~~~~~~~" .......................................7 ARTICLE 5. USE OF THE SITE AND IMPROVEMENTS ........................... 7 §501 TJ~eoftheSitP ndTmYrovements,,,,,,,,,,,,,,,,,, -- 7 §502 Maintenan.Pnhli ion ,,,,,,,,,,,, ~~~~~~~~~~~~~"".7 § 502 1V( nagement of the i ~nd ImnrnvPrng~ § 503 Quiet 'o~en~ ..........?........ .............................8 § 504 Ha~ardoucRttbstan Pc ..............................................9 ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES .................... 11 § 601 P.~vment C7 nerally .. , 11 §602 ~ymentofImnocitioncinTnctallm ns,,,,,,,,,,,,,,, .12 § 603 Lessor Rig o (' rr ............... ................. 12 § 604 Tax R eePi~t ....... ............................................12 §605 AlternativeTaxT»h;l;t,~ ...........................................13 § 606 Con ........................................13 § 607 Notice of Poste sore In ..r ................. ............. 13 § 608 OtherT.iens ......................................................14 ...............................5 Regency Lease Oct. I2, 200I 1"Draft ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVEMENTS .. ... 14 § 701 Ownershi D ari g Term and a Terming ion ,,,,, , , , , , , , , , • • , • 14 § 702 Removal of Improvements at Termination ,, , , , , , , , , , , , , • , , , • • 14 § 703 Maintenance of ite and Adjacent real , • , , , , , , , , , , , . • • • , . 14 § 704 Waste ..........................................................15 §705 Alteration ofImnrov_ ements •,•,,,,,,,,,,,,,,•.. ,•, 15 § 706 Damage to or Destr~ .tion of Tmnrovements .. • §707 APnlicationofTn tranePmegds ••,,,,•.••._•.•.••••""""•••••..16 §708 Waiver of RestorationObli ion ..•,,,,,,,,•.••••••...•••••••"••••.16 .. 17 § 709 Faithful Perform n nd T abor nd lh ri^l (~ymentl onds, Tndemnification, Nonr ~onsibihty No i . s .................... ................ 17 > ...... ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER .......................... 17 § 801 Prohibition Against Tran~fpr • , • 17 § 802. _F•xcention to Prohibi ion Against Tr nsf r ,, , , , , , , , , , , , 18 §803 Tny igationofPronose~Tran fre ,,,,,,,,,,,,,,,,, .....19 §804. _F.ffectiveDateofTrn f~ ,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,•..•..•.....19 § 805. ~t n~~t~v ......................................................19 § 806. T.essor's Costc ................. ................ . § 807 No Waiver ......................................................20 ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS .., ..........:...... 20 ARTICLE 10 INDEMNIFICATION AND INSURANCE ........... • 20 § 1001 _Tndemnification ..................................................20 §1002R~uiredTnsnrance ,•,•, •~~••~~•~•" § 1003 Definition of "F ill Tnsnrahle Val ~e" • ~ ~ • " ~ ~ ' ~ ' " " " " ' • • • • • • • 21 § 1004 General Inst~rance?k~trieinnc .. ... • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • 22 ............... .22 §1005 Failure to MainainIns~rancP •,,,,,,•,,,•,.•• ~•••••'••." 23 § 1006 Waiver of Claims ................................................. 23 ARTICLE 11 EMINENT DOMAIN ............................................. 23 ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION ....................... 23 §1201 Default - neral .,,,.,,•„•.••,•,•••• 23 § 1202 Legalal Act'-°n~ ....................................................24 § 1203 Attorneys' Fees and C'rntrt (''.,~r~ ........... .................... . •••• .24 § 1204 Rights and Remedie re C''mm~l_ ative ................................. 24 §1205 Additional Remri;P. ofTecsnr .•,,,,,••,.•..•• ~••'.~•••• 24 §1206 Remedies ndRightsofTerminaion .•,,,,,,,,,,,,,,,•••••.•••.•,... 25 ARTICLE 13 GENERAL PROVISIONS ..................... . 27 § 1301 Noticec Demands nd C'ommttn;r• *innc hPt~:,AP., -'-o ^v • • ' • . • • • • 27 §1302 Time of F.. n ,,,,,,,,,,,,, ~~~~~~"""" ................... .27 § 1303 Confli .t of Interes s ............................................... 27 Regency Lease Oct. 12, 2001 1" Draft 11 This LEASE AGREEMENT (this "Lease") is made by and between the CITY OF LYNWOOD, a municipal corporation ("Lessor"), on the one hand, and REGENCY OUTDOOR ADVERTISING, INC., a California corporation ("Lessee"), on the other. ARTICLE 1 SUBJECT OF AGREEMENT § 101 Pumose of T.eacP The purpose of this Lease is to accomplish the installation, maintenance, and operation of certain new off-site outdoor advertising structures for use by commercial operators and not as a public forum, with the advertising permitted thereon to be as set forth herein, on certain portions of real property located within the City of Lynwood (collectively referred to herein as the "Site"). Certain portions of the Site are either located within the Alameda Redevelopment Project Area or the Project Area "A" Redevelopment:Project Area of the City of Lynwood. Due to the size, shape and location of the Site, it has not been previously utilized for any community purposes, and, in particular, has not been available for or dedicated to First Amendment activities at any time. The lease of the Site and the construction, maintenance and operation of the Improvements (as defined hereinbelow) pursuant to this Lease are in the best interests of the City and the health, safety, morals, and welfare of its residents, by creating a source of revenue to the City from land not otherwise used by the public, all in accord with the public purposes and provisions of applicable federal, state and local Iaws and requirements. § 102 Th~Sit~ The Site is comprised of those certain portions of real property located within the City„ as hereafter defined, in which certain support poles for the Improvements are to be located as determined by Lessee, subject to the approval of City before the Improvements may be installed, maintained, or operated. The Site is illustrated and designated on the "Map of the Site" which is attached hereto and incorporated herein as Exhibit A and is also legally described in the "Legal Description of the Site" which is attached hereto and incorporated herein as Exhibit B. In addition, the Site includes all portions of the air above the Site which are utilized by the completed Improvements, and all portions of the land under the surface of the Site which are utilized for the foundation(s) of the Improvements. § 103 The Improvem n e The term "Improvements" as used in this Lease shall mean four (4) double-sided v-shaped sign with two static faces (the "billboard") each sign face of which shall not exceed fourteen feet (14') in height by forty eight feet (48') in width, (ii) a double-sided, v-shaped sign with two movable faces (the "message boazd") each sign face of which shall not exceed fifteen feet (15') in height by twenty feet (20') in width, and (iii) all required structures to support the operation and maintenance of the bill board and the message board. The sign faces shall be oriented so that one side of the "v" faces east-bound traffic on Interstate 105 and one side of the "v" faces west-bound traffic on Interstate 105, with the exact angle of the "v" to be determined by Lessor so as to minimize the impact on surrounding areas of light from or on the sign faces. The term "Improvements" shall also mean any and alI improvements to the Site approved by Lessor and constructed on the Site by the Regency Lease Oct. 12, 2001 1"Draft Lessee pursuant to this Lease, including any and all amendments, modifications, additions, substitutions and replacements thereof. § 104 Parties to h T as § 104.1 "Lessor" is the City of Lynwood, a municipal corporation existing under the laws of the State of California. The principal office of Lessor is located at 11330 Buliis Road, Lynwood, CA 90262. "Lessor" as used in this Lease, includes the City of Lynwood and any assignee of or successor to its rights, powers and responsibilities. § 104.2 "Lessee" is Regency Outdoor Advertising, Inc., a California corporation. The principal office of Lessee is located at 8820 Sunset Boulevard, Room F, Los Angeles, California, 90069. Wherever the term "Lessee" is used herein, such term shall also include any permitted nominee or assignee of Lessee as herein provided. ARTICLE 2. LEASE OF THE SITE § 201 Lease and .iren e § 201.1. For and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby leases and demises the Site to Lessees and Lessees hereby take and lease the Site from Lessor beginning on the Commencement Date as defined in Section 202.1 and continuing for the period applicable to each Lessee as set forth in this Lease. § 201.2. For and in consideration of the conditions, covenants and agreements set forth herein, Lessor hereby provides Lessees the following licenses beginning on the Commencement Date as defined in Section 202.1 and continuing for the period applicable to each Lessee as set forth in this Lease: (a) a license for pedestrian and vehicular access across those pazcels of real property owned by the City ("City Parcels") which Lessee determines aze reasonably necessary to access the Site for the construction of the Improvements; {b) a license to store dirt and other materials on the City Parcels during construction of the Improvements, the exact location of which shall be determined in the sole discretion of Lessor; and (c) a license for pedestrian and vehicular access across those portions of the City Parcels reasonably necessary to access the Site and/or the Improvements for the operation, maintenance, repair and/or replacement of the Improvements, as determined by the Lessee responsible for such operation, maintenance, repair or replacement. Regency Lease Oct. 12, 2001 I" Draft 2 Prior to exercising any right or interest granted pursuant to this Lease, Lessee shall provide reasonable written notice to Lessor of its proposed entry unto any City Parcels, together with a statement of the location of such proposed entry, the work intended to be performed in connection therewith, and the time anticipated to complete such work. Any exercise of any right or interest granted pursuant to this Lease shall be conducted in such a manner as (i) to be in compliance with all applicable safety rules and regulations and (ii) to minimize interference with the use by Lessor and/or the general public of the City Parcels as much as is reasonably feasible. Lessee shall indemnify, defend, and hold harmless Lessor and its officers, agents and employees from and against any claim, liability, loss or damage caused by such Lessee in its exercise of the rights or interests granted pursuant to this Lease relative to the Site and/or the City Parcels. In particulaz, Lessee shall be responsible for the prompt repair and/or restoration of any damage caused by Lessee during any exercise of the rights or interests granted pursuant to this Lease, including, as necessary, replacement of any damaged landscaping material or irrigation system. § 201.3. Lessor further agrees to make available such access in and to the City Parcels as is necessary to provide electrical or other utility service to the Site, including but not limited to providing any license or other access right necessary for such service, provided, however, that all utility service(s) to the Site shall be designed, constructed, operated and maintained in such a manner as to minimize to the greatest extent possible any interference with the use of the City Parcels by Lessor and/or the general public. § 202 Term of the . ~ § 202.1. Unless sooner terminated as provided herein, the term of this Lease (the "Lease Term") shall begin on the first day after the Effective Date (the "Commencement Date") and expire on the fifty-fifth (55~'~ annual anniversary of the Commencement Date (the "Termination Date"). Notwithstanding any other provision of this Lease to the contrary, from and after the Termination Date, Lessee shall have no further right, title, or interest in or to the Site or the Improvements, nor any further obligation under this Lease except for unfulfilled obligations of Lessee incurred prior to the Termination Date. § 202.2. Notwithstanding any provisions of this Lease to the contrary, this Lease shall terminate as to all Parties and become null and void if (i) all governmental approvals (including those required of Lessor) necessary for the construction of the Improvements (the " Governmental Approvals") aze not obtained by Lessee within six (6) months of the Commencement Date or (ii) the Improvements aze not completed within six (6) months following the receipt of the final Governmental Approvals by the Developer. § 202.3. At the expiration or eazlier termination of this Lease, the Lessee shall execute, acknowledge and deliver to Lessor, within thirty (30) days after written demand by Lessor, a valid and recordable quitclaim deed covering the Site and the Improvements, free and clear of all liens and encumbrances. Regency Lease Oct. 12, 2001 1" Draft 3 ARTICLE 3. RENT § 301 Rent Amo m § 301.1. Commencing on the Commencement Date, Lessees shall pay Lessor rent, in advance, in the amount of Two Million Dollazs ($2,000,000)(the "Rent Amount"). Lessor hereby acknowledges the prior receipt of a $400,000 deposit by Allied Governmental Services on the behalf of the Lessor, which $400,000 amount shall be fully credited against the Rent Amount. § 302 Payment ched ilP § 302.1. The remaining One Million Six Hundred Thousand Dollars ($1,600,000) of the Rent Amount shall be fully due and payable to Lessor upon execution of this Lease by Lessor. § 303 t Ttili , o c § 303.1 Lessee shall be solely responsible for all utility costs associated with construction, operation and maintenance of the Improvements. § 303.2 Lessee shall, if possible, arrange for utility service(s) to be provided to the Site and Improvements through a separate meter(s) from any meter(s) providing utility service(s) to the City Parcels. Until such time as Lessee obtain separate metering of utilities, Lessor shall determine in its reasonable discretion what portion of each utility bill is attributable to the Improvements, and Lessees shall pay Lessor their shaze of each utility bill within fifteen (15) days of Lessor providing Lessee with notice of the amount due. If Lessee shall fail to pay such amount to Lessor within the time specified by Lessor, Lessor may (i) seek to have the utility company terminate utility service to the Site and Improvements, or (ii) pay the entire utility bill, and the amount paid by Lessor on Lessee's behalf and the amount of all costs, expenses, interest and penalties connected therewith, including attorneys' fees, together with interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the State of California on the date payment is made by Lessor, shall be deemed to be and shall be payable by Lessees as additional rent and shall be reimbursed to Lessor by Lessees on demand. § 304 No-F.ncumbran .e on h Si e/Tm~ rovement~ Lessee hereby covenants and agrees there shall be no encumbrance of any kind placed upon the Site, the Improvements or Lessee's leasehold interest pursuant to this Lease during the term of this Lease. § 305 Deli>r~u~ Tn Rental Payment Not Applicable. Regency Lease Oct. 12, 2001 1 z` Draft 4 § 306 Righ o Tn nection and A ~di o R ordc Not Applicable. ARTICLE 4. DEVELOPMENT OF THE SITE V § 401 Scone nd 4ched ~l of D v to m n Lessee shall construct the Improvements upon the Site in accordance with (i) the Governmental Approvals, and (ii) building plans, drawings and specifications approved by Lessor. The Improvements shall be completed within six (6) months after the final Governmental Approvals are obtained by Lessee. Failure to complete the Improvements within such time shall be deemed a breach of this Lease. § 402 Cost of C'onttrn .tion The cost of developing the Site and the Improvements thereon in accordance with this Lease shall be borne solely by Lessee. § 403 No C'on ~ ion Befor I`TOtic,~ No work of any kind shall be commenced on the Site and no building or other materials shall be delivered to the Site for construction of any improvements, nor shall anjy other building or Land development work be commenced on or building materials be delivered to the Site at any time during the Lease Term, until at least ten (10) days following notice by Lessee to Lessor of the intended commencement of such work or the delivery of such materials. From and after the Termination Date, no new construction work of any kind shall be commenced on the Site and no building or other materials shall be delivered to the Site for construction of any new improvements or reconstruction of any existing improvements nor shall any other building or land development work be commenced on or building materials be delivered to the Site. § 404 Notice of Non-Resnoncibili v Lessor shall, at any and all times during the term of this Lease, have the right to post and maintain on the Site and to record as required by law any notice or notices of non-responsibility provided for by the mechanics' lien laws of the State of California. § 405 Mec_ hani~, Materialman, Contra for or S ~bcontractnr'~ T iPn~ Subject to the right to contest as hereinafter provided, Lessee shall keep the Site, including all buildings and improvements now or hereafter located on the Site, free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Site or Improvements. Lessee shall promptly (i) pay and discharge, or cause the Site to be released from, any such lien or claim of lien, or (ii) contest such lien and furnish Lessor such bond as maybe required by law to free the Site from the effect of such lien and to secure Lessor against payment of such lien and against any and all loss or damage whatsoever in any way arising from Regency Lease Oct. 12, 2001 1=` Draft § 407 Local, State and Federal T a~=~c Lessee shall carry out the construction, operation and maintenance of the Improvements in conformity with all applicable laws, including all applicable federal and state labor standards and requirements. ARTICLE S. USE OF THE SITE AND IlvIPROVEMENTS § 501 I7ce of th 4i P nd Imnrov m n Lessee covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site and Improvements or any portion thereof, that during construction and thereafter through the remainder of the term of this Lease, such Lessee, such successors and such assignees shall: a. Develop, use, and maintain the Site solely for the Improvements in accordance with this Lease, the Government Approvals and plans approved by Lessor pursuant thereto. b. Permit Lessor, without charge or fee, to share use of the message board for such messages as Lessor determines in its sole discretion to display. At Lessor's discretion, such messages shall be displayed on the message board for up to ten (10) days of every month, with a total display time for Lessor messages of approximately three (3) hours within each day (i. e., each twenty four (24) hour period). The Lessor's messages shall be displayed in accordance with the normal rotational order of messages on the message board. c. Subject to Sections 706 through 708 of this Lease, operate the Improvements in substantially complete fashion, or cause the Improvements to be operated in substantially complete fashion, in accordance with the standards set forth in this Lease; provided, however, that the requirements of this subparagraph for continuous operation shall not apply temporarily for any period required for bona fide major remodeling. d. Not permit any advertisement or display which may interfere with, mislead or distract traffic or conflict with any traffic control device, nor permit any advertisement or display promoting (i) cigarettes, cigars, pipe tobacco, chewing tobacco, or any other tobacco related item; (ii) beer, wine, distilled spirits, or any other alcoholic beverage; or (iii) any product, business, or group of products or businesses identified by address or location unless such address or location is within the pity of Lynwood. Should Lessor in its sole discretion determine that any advertisement or display violates the conditions of this paragraph, Lessees shall remove such advertisement or display within twenty four (24) hours of written notice thereof by Lessor to Lessee. § 502 Maintenance Oblig ionc 502.1 During the Lease Term, Lessee shall maintain, repair and operate the Site and the Improvements, or cause the Site and the Improvements to be maintained, repaired and operated, in a first class condition, free of debris, waste and graffiti, and in compliance with the terms of Lessor's Municipal Code, and the following: Regency Lease Oct. 12, 2001 1"Draft 7 a. All Improvements on the Site shall be maintained in good condition in accordance with the custom and practice generally applicable to high quality billboards and message boazds, and in conformance and compliance with all plans, drawings and related documents approved by Lessor pursuant to this Lease, and with all conditions of approval, including cleaning, repainting, or resurfacing, as appropriate, of all exterior surfaces of the Improvements, preventative maintenance, and repair or replacement of any items on the sign structure which are not in excellent working order and condition. b. The Site and the Improvements shall be kept clean and cleaz of refuse and obstructions, and all gazbage, trash and rubbish shall be lawfully disposed of. c. Lessee's maintenance and operation obligations for the Improvements shall include providing or paying for all necessary utilities such as electricity and communications services and any security device{s) oi• service(s) required to assure the Improvements are not subject to vandalism. d. Lessee shall make necessary and appropriate capital improvements to preserve the Improvements, including, but not limited to, from time to time making such improvements and replacements which take into account state of the art, technological and other changes in the maintenance and operation of high quality advertising sign operations. e. Lessee shall have full responsibility for the operation and maintenance (including repair, restoration and reconstruction) of all of the Improvements and the costs thereof, and the Lessor shall have no liability for costs of such operation and maintenance or for any claims arising from the operation and maintenance (including repair, restoration and reconstruction) of such improvements. 501.2 In addition to maintenance of the Site and Improvements required by Section 501.1 above, Lessee shall maintain any and all trees affecting the visibility of the Improvements in such a manner as to assure that the Improvements remain visible Interstate 105. All such maintenance shall be performed in accord with standard landscaping industry practices to assure to the greatest extent the health of any such trees. § 502 Management of h i and Imnrovernenta At all times the Site and Improvements shall be managed or caused to be managed by Lessee in a prudent and business-like manner as necessary to maintain the Site and Improvements in a first-class condition. During the Lease Term, Lessee shall provide, or cause to be provided, personnel and services necessary to enable operation of the Improvements. All services shall be provided in consideration for the granting of this Lease and no amount shall be payable by Lessor for such services. Regency Lease Oct. 12, 2001 1"Draft § 503 Quiet 'ovment Lessor hereto covenants and agrees that during the Lease Term, Lessee, by keeping and performing the covenants herein contained, shall at X11 times during the Lease Tenn shall peaceably and quietly have, hold and enjoy the Site and Improvements. § 504 Hazardous . ~b n Ps § 504.1. "Hazardous Substance" as used in this Lease means any substance, material or waste which is or becomes regulated by the United States government, the State of California, or any local or other governmental authority, including, without limitation, any material, substance or waste which is (i) defined as a "hazazdous waste," "acutely hazazdous waste," "restricted hazardous waste," or "extremely hazazdous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section•2514O, of the California Health and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code; (iii) defined as a "hazazdous material," "hazazdous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code; (iv) defined as a "hazazdous substance" under Section 25281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated biphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapter 20; (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Sections 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi) defined as a "hazardous substance" pursuant to Section 141 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any governmental requirements either requires special handling in its use, transportation, generation, collection, storage, treatment or disposal, or is defined as "hazardous" or is harmful to the environment or capable of posing a risk of injury to public health and safety. § 504.2. The development, construction and uses of the Site permitted under this Lease do not require the presence of any Hazardous Substance on the Site, except for those customarily used in the ordinary course of business for such development, construction and use of the Improvements. § 504.3. Lessee shall not bring or allow to be brought onto the City Parcels or onto the Site or use or store on the City Pazcel or on the Site any Hazardous Substances without the prior express written consent of Lessor, except for those Hazardous Substances (including without limitation fuel stored in motor vehicles) customarily used in the ordinary course of business in the use and operation of the Site for the Improvements. § 504.4. Subject to the provisions of Section 504.5 below, the following covenants pertain to Lessee's occupancy and use of the Site and Improvements except for those Hazardous Substances customarily used in the ordinary course of business: Regency Lease Oct. 12, 2001 I5` Draft 9 a. No underground storage tanks for Hazazdous Substances shall be installed without the prior written approval of Lessor. b. Lessor, or its officers, employees, contractors or agents, shall at all times have the right to go upon and inspect the Site and Improvements and the operations conducted thereon to assure compliance with the requirements herein stated. Lessor shall provide reasonable prior notice to Lessee of such entry, and shall seek to minimize interference with Lessee's use of the Site and Improvements as much as is reasonably feasible. Such entry shall be in compliance with all applicable safety rules and regulations. This inspection may include taking samples for testing of substances and materials present and/or testing soils on the Site and Improvements. Lessor shall indemnify, defend, and hold harmless Lessee from and against any claims, liabilities, losses, and damage caused by Lessor during any such inspections, and shall be responsible for the prompt repair and/or restoration of any such damage caused by Lessor during any such inspection. c. Lessee shall be responsible for posting on the Site and Improvements any signs required by Section 25249.6 of the California Health and Safety Code and regulations promulgated pursuant thereto. Lessee shall also complete and file any business response plans or inventories required by Chapter 6.95 of the California Health and Safety Code and regulations promulgated pursuant thereto or any successor thereto. Lessee shall concurrently file a copy of any such business response plan or inventory with Lessor. d. Lessee shall immediately notify Lessor in writing of the release by it or its officers, agents, contractors or employees of any Hazazdous Substance on the City Parcels or on the Site and Improvements in violation of applicable law. e. Lessee shall, to the extent required by applicable law, immediately remove any Hazardous Substances located on the Site or Improvements and shall dispose of such Hazardous Substances in a safe and legal manner. Lessee shall immediately disclose to Lessor its disposal of any Hazazdous Substance which was located on the Site or Improvements and, upon Lessor's written request, shall provide written documentation of its safe and legal disposal. § 504.5. Lessee shall be responsible for and bear the entire cost of removal and disposal of Hazardous Substances found upon or brought upon the Site during the Lease Term, including, but not limited to, such substances identified after the expiration of the Lease Term. Lessee shall also reimburse Lessor for any and all clean-up casts incurred by Lessor as a result of that Lessee's activities anywhere on the City Parcel and/or on the Site. Removal and disposal Hazardous Substances shall be deemed to include removal and disposal, in accordance with all applicable laws, of any equipment or improvement to the property contaminated by Hazazdous Substances. The foregoing responsibilities shall not apply to any costs that may be created solely by the omission or negligence of Lessor or its officers, agents or employees. § 504.6. Lessee hereby agrees to indemnify, defend and hold harmless Lessor and its respective members, officers, agents, employees, contractors and consultants from any claims, actions, suits, legal and administrative proceedings, liability, injury, deficiency, damages, fines, Regency Lease Oct. 12, 2001 1"Draft 1 ~ penalties, punitive damages, costs and expenses (including, without limitation, the cost of any cleanup, remediation, removal, mitigation, monitoring or testing of Hazardous Substances, and reasonable attorneys' fees) resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Substances on, under, in or about, or the transportation of any Hazardous Substances to or from the Site during the Lease Term; or ii the violation, or alleged violation, of any statute ordinance order rule re Iation ermi ( ) > ~ , p t, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation or Hazardous Substances on, under, in or about, to or from the Site during the Lease Tenn. § 504.7. Lessee hereby waives, releases and discharges Lessor and its officers, employees, agents, contractors and consultants from any and all present and future claims, demands, suits, legal and administrative proceedings, and from all liability for damages, losses, costs, liabilities, fees and expenses (including, without limitation, attorneys' fees) arising out of or in any way connected with Lessees' use, maintenance, ownership or operation of the Site, any Hazardous Substances on the Site, or the existence of Hazardous Substances contamination in any state on the Site, however the Hazardous Substances came to be placed there, except that arising out of the intentional misconduct of Lessor or any of its employees, officers or agents. Lessee acknowledges it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." ' As such relates to this Section 504, Lessee hereby waive and relinquish all rights and benefits which they may have under Section 1542 of the California Civil Code. ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES § 601 Pavmen C` n rally T Lessees agree to pay or cause to be paid, as and when they become due and payable, and before any fine, penalty, interest or cost may be added thereto, or become due or be imposed by operation of law for the nonpayment thereof, alI taxes, assessments, franchises, excises, license and permit fees, and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen and foreseen, of any kind and nature whatsoever which at any time during the Lease Term may be assessed, levied, confirmed, imposed upon, or grow or become due and payable out of or in respect of, or become a lien on: (i) the Site and Improvements or any part thereof or any appurtenance thereto; or (ii) this transaction or any document to which a Lessee is a party, creating or transfemng an interest or estate in the Site and Improvements. All such taxes, franchises, excises, license and permit fees, and other governmental levies and charges shall hereinafter be referred to as "Impositions," and any of the same shall hereinafter be referred to as an "Imposition." Any Imposition relating to a fiscal period of the taxing authority, a part of which period is included within the term of this Lease and a part of which is included in a period of time after the expiration of this Lease, shall (whether or not such Imposition shall be assessed, levied, confirmed, imposed upon, become a lien upon the Site and Improvements, or shall become payable, Regency Lease Oct. 12, 2001 1"Draft 11 during the term of this Lease) be adjusted between Lessor and the Lessee as of the expiration of the Lease so that Lessee shall pay that portion of such Imposition which that part of such fiscal period included in the period of time before the expiration of such term of this Lease bears to such fiscal period, and Lessor shall pay the remainder thereof; provided, however, that Lessee shall not be entitled to receive any apportionment if Lessee shah be in default in the performance of any of the covenants and agreements as provided in this Lease. The failure of Lessee to pay an Imposition that cannot under any circumstances give rise to alien against the Site and Improvements shall not be a breach of the first paragraph of this Section 601. Lessee hereby agrees to defend, indemnify and hold harmless Lessor and its respective officers, employees and consultants from and against all claims, liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of Lessee's failure to pay any Imposition. Lessee shall be responsible for complying with the provisions of this Section 601 during the Lease Term. § 602 P_ayment of Im~nnc;t;ons in Inatallm ~*~ If, by law, any Imposition may at the option of Lessee be paid in installments. (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in installments and, in such event, shall pay such installments as may become due and before any fine,, penalty, further interest or cost may be added thereto; provided, however, that the amount of all installments of any such Imposition which will be the responsibility of Lessee pursuant to Section 601 above, and which are to become due and payable after the expiration of this Lease shall be deposited with Lessor for such payment on the date which shall be one (1) year immediately prior to the date of such expiration. § 603 Lessor Right t If Lessees, in violation of the provisions of this Lease, shall fail to pay and to discharge any Imposition, Lessor may (but shalt not be obligated to) pay or discharge it, and the amount paid by Lessor and the amount of all costs, expenses, interest and penalties connected therewith, including attorneys' fees, together with interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the State of California on the date payment is made by Lessor, shall be deemed to be and shall be payable by Lessee as additional rent and shall be reimbursed to Lessor by Lessees on demand, provided that Lessee shall have failed to pay such Imposition within ten (10) business days after written notice from Lessor to Lessee of Lessor's intention to pay. § 604 Tax R :r.Pin s Lessee shall famish to Lessor, within forty-five (45) days after the date when any real property taxes, assessments or any other Imposition which could have any effect on Lessor's title would become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Lessor evidencing payment thereof. Regency Lease Oct. 12, 2001 ] _' Draft 12 § 605 Alternative Tax T .~~.:~.+~, It is agreed that in the event the State of California or any taxing authority thereunder changes or modifies the system of taxing real estate so as to tax the rental income from real estate in lieu of or in substitution (in whole or in part) forVreal estate taxes and so as to impose a liability upon Lessor for the amount of such tax, Lessee shall be liable under this Lease for the payment of the taxes so imposed to the same extent as though the alternative tax was a tax upon the value of the Site and Improvements. § 606 C'on c The following requirements shall apply to any appeal, objection or contest to any tax or assessment permitted to be made by Lessee under this Lease: the contest, opposition, or objection must be filed before the tax, assessment, or other chazge at which it is directed becomes delinquent and written notice of the contest, opposition, or objection must be given to Lessor before the date the tax, assessment, or other chazge becomes delinquent. IVo such contest, opposition, or objection shall be continued or maintained after the date the tax, assessment, or other charge at which it is directed becomes delinquent unless Lessees have met one of the following conditions: (i) paid such tax, assessment, or other charge under protest prior to its becoming delinquent; or >;>< obtained and maintained a stay of all proceedings for enforcement and collection of the tax, assessment, or other charge by posting such bond or other matter required by law for such a stay; or (iii) delivered to Lessor a good and sufficient undertaking in a form reasonably acceptable~to Lessor in an amount equal to one hundred twenty-five percent (125%) of the amount in controversy (inclusive of fines, interests, penalties, costs, and other expenses that may have accrued or been imposed thereon) and issued by a surety company authorized to issue undertakings in California, conditioned on the payment by Lessees of the tax, assessment, or charge together with any fines, interest, penalties, costs, and expenses that may have accrued or been imposed thereon within thirty (30) days after final determination of Lessee's contest, opposition, or objection to such tax, assessment, or other charge. Lessor shall not be required to join in any proceedings or contest brought by Lessee unless the provisions of any law requires the proceeding or contest be brought by or in the name of Lessor or any owner of the Site. In that case, Lessor shall join in the proceeding or contest or permit it to be brought in Lessor's name but such action shall be without cost or other liability to Lessor and Lessees agree to pay to Lessor all costs incurred by Lessor in connection therewith. § 607 N~ti of PoSCPSCnry In r In accordance with California Revenue and Taxation Code Section 107.6(a}, Lessor states that by entering into this Lease, a possessory interest subject to property taxes shall be created. Lessee or other parties in whom the possessory interest is vested shall be subject to the payment of property taxes levied on such interest. Lessee acknowledges and agrees that the Site and/or the Improvements thereon, and any possessory interest therein, shall at all times after the Commencement Date be subject to ad valorem taxes levied, assessed or imposed on such property. Regency Lease Oct. 12, 2001 1 S` Draft 13 § 608 Other .iens Lessee shall not, directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, or charge on or pledge of the Site or the Improvements, or fixtures and furnishings, or any part thereof, or on Lessee's interest therein, or the rent, additional rent or other sums payable by that Lessee under this Lease. Lessee shall notify Lessor promptly of any lien or encumbrance which has been created on or attached to the Site and Improvements, or to Lessee's leasehold estate therein, whether by act of such Lessee or otherwise, during the Lease Team. The existence of any mechanic's, laborer's, materiahnan's, supplier's or vendor's lien, or any right in respect thereof, shall not constitute a violation of this Section if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen, or if such lien has been discharged by the posting of bonds or other lien-release security as is provided for such discharge by law. ARTICLE 7 OWNERSHII' OF AND RESPONSIBILITY FOR IMPROVEMENTS § 701 Ownershi Sri g, Term ^nd a Terminat;nn All Improvements on the Site, whether or not constructed or installed by any Lessee as permitted or required by this Lease, shall, during the term of this Lease, become part of the Site and Lessees' leasehold interests under this Lease shall apply to those Improvements. All Improvements located on the Site, whether existing thereon on the Commencement Date, or thereafter constructed or installed on the Site as permitted or required by this Lease shall, at the expiration or sooner termination of the term of this Lease, be and remain the property of Lessor. Subject to a Lessee's rights and obligations set forth in this Lease relating to alterations and additions, Lessee shall have no right at any time to waste, destroy, demolish or remove any of the Improvements. Lessee's rights and powers with respect to the Improvements are subject to the terms and limitations of this Lease. Lessor and Lessee covenant for themselves and all persons claiming under or through them that the Improvements are real property. § 702 R ~moval of Tm~nrovement a Terr,,;,,aT;.,,, Upon demand of Lessor provided to Lessee not less than one (1) month prior to any termination or anticipated expiration of this Lease, Lessee shall demolish and completely remove all Improvements from the Site, at its sole cost and expense, and shall return the surface of the land which comprises the Site to the same condition as it was in on the Commencement Date. All such work shall be completed within three (3) months after the termination or expiration of the Lease. Should the Lessee fail to complete such demolition and removal to the satisfaction of Lessor within the time provided, Lessor may, at its option, undertake any work necessary and Lessees shall reimburse Lessor for all costs incurred by Lessor in such work. § 703 Maintenan P of Si nd Ac'lj~cent Ar ag § 703.1 The responsibilities of each Lessee for maintenance of the Site, the Improvements, and certain trees on the City Parcels are set forth in Section 502 above. Lessor reserves and shall have the right at all reasonable times to enter the Site and the Improvements for Regency Lease Oct. 12, 2001 1 S` Draft 1 ~ the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Site and the Improvements or to inspect the operations conducted thereon, subject to the limitations and requirements for Lessor rights of access set forth in Section 406 of this Lease. In the event that Lessor determines that the Site or the Improvements are not in a decent, safe, and sanitary condition, are damaged, or in disrepair, or are otherwise not maintained in the condition required by this Lease, or that the trees for which Lessee is responsible have not been maintained as required by this Lease, Lessor shall have the right, after thirty (30) days written notice to the Lessee with maintenance responsibility and such Lessee's failure to cure the problem within saidthirty-day period, to have any work Lessor deems necessary performed for and at the expense of such Lessee. Notwithstanding the foregoing, if Lessor gives written notice to the Lessee with maintenance responsibility that the deficiency is an urgent matter relating to public health and safety, Lessee shall cure the deficiency with all due diligence and shall complete the cure at the earliest possible time but in no event more than forty-eight (48) hours following the submission of the notice, and upon failure of Lessee to perform the required work within such time, Lessor shall have the right to perform such work for and at the expense of such Lessee. Lessee hereby agrees to pay promptly any and all costs incurred by Lessor in having such work done. Such work may include, but not be limited to, replacement of any tree which is diseased or damaged if such disease or damage is caused by the failure of Lessee to maintain such tree in accordance with the requirements of this Lease. § 703.2 Except as set forth in Section 502.3, Lessor shall be solely responsible for routine maintenance of all turf or other landscaping on the surface of the ground in the City Parcels. The provisions of this Section shall not be deemed to modify or affect the obligation of any Lessee to repair any damage to such landscaping on the City Parcels for which it is responsible under this Lease. § 704 ~ Lessee shall not commit or suffer to be committed any waste or impairment of the Site or the Improvements, or any part thereof. § 705 Alteration of TmnrnvQ,,,A„+~ Lessee shall not make or permit to be made any alteration of, addition to or change in the Improvements without the prior written consent of Lessor other than (i) alterations, additions or changes to any sign face(s) as necessary to implement a change in advertising copy; i2 routine (...) maintenance or repair; or iii alterations, additions or changes not open to public view which cost in~ the aggregate less than an amount equal to Ten Thousand Dollars ($10,000.00), which amount shall be escalated from the date of this Lease in accordance with the CPI. Lessee shall not demolish all or any part of the Improvements, except such demolition as necessary to implement a change in advertising copy, without the prior written consent of Lessor. In requesting consent for work subject to this Section 705, Lessee shall submit to Lessor detailed plans and specifications of the proposed work and an explanation of the need and reasons thereof. Notwithstanding the prohibition in this Section 705, Lessee may make such changes, repairs, alterations, improvements, renewals or replacements to the Improvements as are required by reason of any law, ordinance, regulation or order of a competent government authority. Regency Lease Oct. 12, 200 ] 1" Draft 1 S § 706 Damag~to or De ~ ion of Im~nrovements § 706.1. In case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall within ten (10) days after they becomes aware of such damage or destruction give written notice thereof to Lessor generally describing the nature and extent of such damage or destruction. § 706.2 Except as set forth in Section 708 below, in case of any damage to or destruction of the Improvements, or any part thereof, Lessee shall commence the restoration, replacement or rebuilding of the Improvements with such ~ alterations and additions as may be approved by Lessor (such restoration, replacement, rebuilding alterations and additions, together with any temporary repairs and property protection pending completion of the work being herein called "Restoration") within thirty (30) days of such damage or destruction, plus any additional period reasonably required to obtain any Net Insurance Proceeds to be used to pay all or a portion of the cost of such Restoration, and shall complete such Restoration within a reasonable period of time thereafter. As used herein, the term "Net Insurance Proceeds" means the gross insurance proceeds paid by an insurer to Lessee for loss or damage to the Improvements on the Site, less any and all costs and expenses (including, but not limited to reasonable attorneys' fees) incurred to recover said proceeds. Lessee agrees to promptly commence and prosecute to completion the settlement of insurance proceeds with respect to any event of damage or destruction of the Improvements. § 706.3 Lessee agrees, notwithstanding any other provision of this Lease, that upon any event of damage or destruction to the Improvements during the Lease Term, it shall, at its sole cost and expense, immediately take or cause to be taken such actions and undertake and complete such work as is necessary to assure the safe condition of the damaged Improvements pending the ultimate disposition of the Improvements. § 707 Ap 11Z_i~ation of Inanranrp nr„ ~,~~ 707.1 Insurance proceeds carried under Article 10 below which are received on account of any damage to or destruction of the Site or the Improvements or any portion thereof during the Lease Term (less the costs, fees and expenses incurred in the collection thereof, including without limitation attorneys' fees and expenses) shall be applied as follows: a. Within a reasonable time and in any event within one hundred eighty (180) days after the damage to or destruction of the Improvements, Lessee shall furnish, or cause to be furnished to Lessor evidence satisfactory to Lessor (i) of the total cost of Restoration of the damaged or destroyed Improvements and (ii) that the total amount of money available will, when added to the insurance proceeds received and available to pay for the Restoration pursuant to the terms of this Section 707, be sufficient to pay the cost of such Restoration. b. Net Insurance Proceeds received on account of any damage to or destruction of the Improvements, or any part thereof, shall be paid to Lessees or as Lessees may Regency Lease Oct. 12, 2001 1" Draft 16 direct from time to time as Restoration progresses, solely to pay (or reimburse Lessees for) the cost of Restoration. Upon receipt by Lessor of evidence that Restoration has been completed, the cost thereof has been paid in full or has been adequately provided far, and there are no mechanic's or similar liens for labor or materials supplied in connection therewith which have not been adequately provided for, the balance, if any, of such proceeds shall be paid to or retained by Lessee. § 708 Waiver of RPCt~r ion Obliga io Not Applicable § 709 Faithfi~l Performance and T bor and IhatPrial (Payment) Bonas Inn ~„n,~~~+.,,,, Nonre,Snoncibil~ , 1`jo i .e. § 709.1. Lessee agrees to hold harmless and indemnify Lessor and each of its officers, employees and agents against all claims, liabilities, costs, and expenses for labor and materials in connection with all construction, repairs or alterations on the Site and Improvements occurring during the Lease Term, and the cost of defending against such claims, including reasonable attorneys' fees. § 709.2. Lessee agrees to procure, or cause the procurement of, contractor's bonds covering labor, materials and faithful performance for construction on the Site and the Improvements in accordance with the following requirements: a. Such bonds shall be in an amount equal to one hundred percent (100%) of the total sum of the construction price in the contract entered into by that Lessee and its general contractor, or, if that Lessee is acting as general contractor, in an amount equal to one hundred twenty-five percent (125%) of the total sum of the construction prices to be paid to each sub-contractor. b. Lessee shall, prior to commencement of construction, deliver to Lessor a certificate or certificates from the bonding company or companies issuing the aforesaid bonds, naming Lessor as additional co-obligee under said bonds. § 709.3. Lessor shall have the right to post and maintain on the Site and the Improvements any notices of nonresponsibility provided for under applicable law. ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER § 801 Prohibition Against Tr_ a_~fY § 801.1 Lessee hereby represents and warrants that this Lease and its other undertakings pursuant hereto are and will be used for the purpose of Lessee constructing, maintaining and operating the Improvements. § 801.2 Lessee shall not, except as permitted by this Lease, make any Transfer, as hereinafter defined, to any person or entity (a "Transferee") without the prior written consent of Regency Lease Oct. i 2, 2001 ]"Draft 17 Lessor. Any purported Transfer not permitted by this Article 8 shall be ipso facto null and void, and no voluntary or involuntary successor to any interest of Lessee under such a Transfer shall acquire any rights pursuant to this Lease. These restrictions shall be binding on any successors, heirs or permitted Transferees of any Lessee. "Transfer,"as used herein, shall mean any assignment or attempt to assign this Lease or any right herein, any total or partial transfer, sale, assignment, lease, sublease, license, franchise, gift, hypothecation, mortgage, pledge, encumbrance, or the like. § 801.3. No voluntary or involuntary successor in interest of Lessee shall acquire any rights or powers under this Lease except as expressly permitted under this Lease. This Lease may not be assigned, nor may a transfer of interest take place without the express, prior written consent of Lessor. § 801.4. During the existence of this Lease, Lessee shall promptly notify Lessor of any and all changes whatsoever in the identity of the parties in control of such Lessee, or a change in the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. § 801.5. In the absence of specific express written provision to the contrary by Lessor, a Transfer of the Site and Improvements, or portion thereof, as approved by Lessor, shall not be deemed to relieve the transferring Lessee or any other party from any obligations under this Lease arising on or after the effective date of the Transfer. § 801.6. No provision hereof authorizing a Transfer of a Lessee'$ interest herein shall be construed to authorize encumbrance of Lessor's fee title to the Site or Lessor's interest under this Lease, and no Lessee shall by any act or deed cloud Lessor's fee title or Lessor's interest under this Lease. § 801.7. No provision hereof autharizing a Transfer of a Lessee's interest herein shall be construed to affect in any manner the other Lessee's interest under this Lease, unless specifically agreed to by such other Lessee and Lessor. § 802. Fxcen~ion to Prohibi ion AgQin~t TrancfPr The prohibition against Transfer established by this Article 8 shall not be deemed to prevent (i} the renting or subleasing or licensing of space for advertisements or displays consistent with the cgstomary uses and practices for billboazds and message boazds or (ii) the assignment of this Lease to any affiliate of a Lessee or joint venture in which such Lessee participates provided that such Lessee submits evidence satisfactory to Lessor that the principals who own and control such Lessee will maintain a majority controlling interest after consummation of such transaction and will have the ability to maintain a majority controlling interest throughout the Lease term applicable to such Lessee. Regency Lease Oct. 12, 2001 1 S` Draft 18 § 803 Tn~ves~tig~tion of Pranosed TranSf r P § 803.1. In the event that a Lessee requests Lessor's written consent to a proposed Transfer of its interest in this Lease pursuant to this Article 8, such Lessee agrees to provide Lessor with such information, including financial statements, as Lessor may reasonably require in order to evaluate the solvency, financial responsibility and relevant business acumen and experience of any proposed Transferee. Such information shall include, without limitation, a balance sheet of the proposed Transferee as of a date within ninety (90) days of the request for Lessor's consent, statements of income or profit and Loss of the proposed subtenant or assignee for the two-year period preceding the request for Lessor's consent, if the same be available (or such other similaz information as shall be available at the time the request for approval of the Transfer is made), and a written statement in reasonable detail as to the business and experience of the proposed Transferee during the five (5) yeazs preceding the request for Lessor's consent. § 803.2. Within thirty (30) days after the receipt of a Lessee's written notice requesting Lessor approval of a Transfer, Lessor shall respond in writing by stating what further information, if any, Lessor reasonably requires in order to determine whether or not to approve the requested Transfer. Upon receipt of such a timely response, such Lessee shall promptly furnish to Lessor such further information as may be reasonably requested. § 803.3. Lessor shall approve or disapprove any requested Transfer for financing purposes within thirty (30) days after Lessee's request therefor is accepted as complete, and Lessor shall approve or disapprove any other type of requested Transfer requiring Lessor approval within forty-five (45) days after Lessee's request therefor is accepted as complete. A failure by Lessor to act within such time shall be deemed disapproval of the request. § 804. Effective Da of TrancfPr If Lessor consents to any Transfer pursuant to this Article 8, such consent shall not be effective unless and until the Lessee requesting the Transfer gives Lessor notice of completion of the Transfer and a copy of any documents effecting and/or evidencing such Transfer, and unless and until any such Transferee (other than a sublessee) assumes all of the obligations and liabilities of such Lessee under this Lease. § 805. ~~p~ It is acknowledged and agreed that this Lease is a lease of real property within the meaning of Subsection 365(b) (3) of the Bankruptcy Code, 11 U.S.C. Section 101 et seq. To the extent not prohibited by provisions of the Bankruptcy Code, including Section 365(f)(1) thereof, each Lessee on behalf of itself and its creditors, administrators and assigns waives the applicability of Sections 541(c) and 365(e) of the Bankruptcy Code of 1978 unless the proposed assignee of the Trustee for the estate of the bankrupt meets Lessor's standards for consent. Lessor has entered into this Lease with each Lessee in order to obtain for the benefit of the Site the unique types of facilities, businesses, services and goods which such Lessee can bring to the Site; the foregoing prohibition on Transfer or subletting is expressly agreed to by each Lessee in consideration of such fact. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code Regency Lease Oct. 12, 2001 15t Draft 19 shall be deemed without further act to have assumed all of the obligations arising under this Lease on and after the date of such Transfer. Any such assignee shall upon demand execute and deliver to Lessor an instrument confirming such assumption. § 806. T.essor' ('~~t~ Lessee agrees to reimburse Lessor for Lessor's reasonable costs and attorneys' fees incurred in connection with the processing and documentation of any Transfer or change of ownership of this Lease or Lessee's interest in and at the Site requested by such Lessee, which required Lessor's approval hereunder. 807 No W ivPr The acceptance by Lessor of ahy payment due hereunder from any person other than a Lessee shall not be deemed to be a waiver by Lessor of any provision of this Lease or to be a consent to any Transfer or subletting. Consent by Lessor to one or more Transfers of this Lease or to one or more sublets of the Site shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to the provisions of this Lease. ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS Lessor's interest in the Site under this Lease is a vested landlord's >ueversionary interest and not just a contractual obligation. Notwithstanding anything which is or appears to be to the, contrary in this Lease, no Lessee shall encumber Lessor's interest under this Lease or Lessor's fee interest in the Site by any mortgage, deed of trust, lien, security instrument, or financing conveyance of any kind whatsoever. ARTICLE 10 INDEMNIFICATION AND INSURANCE § 1001 § 1001.1 Lessee agree to and shall defend, indemnify and hold harmless Lessor and each of its officers, employees, agents, contractors and consultants from and against ail claims, liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, in whatsoever caused to any person or to the roe jm'y, loss or damage p p rty of any person which shall occur on or adjacent to the Site during the Lease Term and which shall be directly or indirectly caused by or based on the condition of the Site or any portion thereof or any improvements thereon or development, construction, use or operation of the Site or any portion thereof or any improvements thereon by Lessee or either of them, or any activities of Lessee under this Lease, whether such condition, action or inaction be by Lessee or by anyone directly or indirectly employed by or contracted with Lessee and whether such damage or injury shall accrue or be discovered before or after the termination or expiration of the Lease Term. Regency Lease Oct. 12, 2001 1 S' Draft 20 § 1001.2 Lessee shall not be responsible for (and such indemnity shall not apply to) property damage or bodily injury caused by the willful misconduct or gross negligence of Lessor or any of its designated officers, employees, agents, contractors or consultants. § 1002 R~4nired Insnran P During the Lease Term, Lessee at its sole cost and expense shall: a. Keep or cause to be kept a policy or policies of insurance against loss or damage to the Improvements resulting from fire, earthquake (to the extent commercially available at commercially reasonable rates), windstorm, hail, lightning, vandalism, malicious mischief, riot and civil commotion, and such other perils ordinarily included in extended coverage fire insurance policies. Such insurance shall be maintained in an amount not less than one hundred percent (100%) of the full insurable value of the Improvements as defined in Section 1003 below (such value to include amounts spent for construction of the improvements, architectural and engineering fees, and inspection and supervision). b. Maintain or cause to be maintained public liability insurance, to protect against loss from liability imposed by law for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of Lessee or under Lessee's control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from the acts or activities in connection with the Site and Improvements of Lessee or its invitees and sublessees, or any person acting for Lessee, or under its control or direction. Any such property damage and personal injury insurance maintained by Lessee shall name Lessor and each of its respective officers, employees, agents and consultants as additional insureds and shall also provide for and protect Lessor against incurring any Legal cost in defending claims for alleged loss. Such personal injury and property damage insurance shall be maintained in full force and effect during the entire term of this Lease in an amount not less than One Million Dollars ($1,000,000) combined single limit as of the Commencement Date, which minimum amount of coverage shall escalate on the fifth anniversary of the Commencement Date and once every five years thereafter in proportion to the escalation, if any, during such period in the CPI. Lessee agrees that the provisions of this paragraph 2 shall not be construed as limiting in any way the extent to which such Lessee may be held responsible for the a resulting from such Lessee's activities, or activities of its invitees acid sublessees orr the act v ihes of any other person or persons for which Lessee is otherwise responsible. c• Maintain or cause to be maintained worker's compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the Worker's Compensation Insurance and Safety Act now in force in California, or any act hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such worker's compensation insurance shall cover all persons employed by Lessee in connection with the Site and Improvements, and shall cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death in connection with the Site and Improvements, or the operation thereof by Lessee. Regency Lease Oct. 12, 2001 i"Draft 21 § 1003 Definition of "F ill Tn~nrabl V 1nP" The term "full insurable value" as used in Section 1002 shall mean the actual replacement cost (without deduction for depreciation) of the Improvements, including the cost of construction of the Improvements, architectural and engineering fees, and inspection and supervision. To ascertain the amount of coverage required, Lessee shall cause the full insurable value to be determined from time to time by the insurer or by a qualified expert mutually acceptable to Lessor and Lessee, not less often than once every three years during such the term of this Lease. § 1004 C'eneral TnSUtanrP Arnir:e.:..«,. § 1004.1. All insurance provided under Section 1002 of this Lease shall be primary insurance for the benefit of Lessor and Lessee providing such insurance. § 1004.2. All insurance provided under Section 1002 shall be periodically reviewed by the Parties for the purpose of mutually increasing or decreasing the minimum limits of such insurance, from time to time, to amounts which maybe reasonable and customary for similar facilities of like size and operation. § 1004.3. The insurance to be provided by Lessee may provide for a deductible or self-insured retention of not more than Five Thousand Dollars ($5,000.00}, with such amount to increase at such times as Lessor may require increases in the policy Iir}~its as set forth above; provided, that the percentage increase in the deductible or self-insured retention shall not'exceed the percentage increase in the CPI since the last requested adjustment; and provided, further, that Lessee{s) may maintain such higher deductibles or self-insured retention as may be approved in writing by Lessor. In the event its insurance does provide for deductibles or self-insured retention, Lessee(s) agrees it will fully protect Lessor and each of Lessor's boards, officers, agents, consultants and employees in the same manner as those interests would have been protected had the policy or policies not contained the deductible or retention provisions. § 1004.4. All insurance herein provided for under Section 1002 shall be effected under policies issued by insurers of recognized responsibility licensed or permitted to do business in the State of California, subject to the reasonable approval of Lessor's City Manager. § 1004.5. Any insurance required to be maintained by Lessee pursuant to Section 1002 may be taken out under a blanket insurance policy or policies covering other premises or properties, and other insureds in addition to the parties hereto; provided, however, that an such policy or policies of blanket insurance shall specify therein, or supplemental written certification from the insurers under such policies shall specify, the amount of insurance in'evocably allocated to the coverage to be provided under Section 1002 and provided further, that in all other respects, any such blanket policy shall comply with the other provisions of Section 1002. § 1004.6. All policies or certificates of insurance shall provide that such policies or certificates shall not be canceled or materially changed without at least thirty (30) days prior written notice to Lessor. Regency Lease Oct. 12, 2001 1" Draft 22 § 1004.7. Copies of policies or certificates of insurance shall be deposited with Lessor together with appropriate evidence of payment of the premiums therefor prior to the Commencement Date. § 1005 Fail ~r . to 1~~~intain Tnc„r If Lessee fails or refuses to procure or maintain insurance as required by this Lease, Lessor shall have the right, and without notice, to procure and maintain such insurance. The premiums paid by Lessor shall be payable to Lessor as additional rent due from Lessee, to be paid on the first day of the month following the date on which the premiums were paid. Lessor shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s). § 1006 Waiver of ('laims Lessee hereby waives any claim against Lessor for any loss covered by insurance of the type specified in Section 1002. Lessee shall obtain from its insurance company or companies a waiver of any right of subrogation that it may have against Lessor. ARTICLE 11 EMINENT DOMAII~I This Lease and the provisions thereof shall not be deemed to constitute a waiver by Lessor of its rights of eminent domain relating to the Site and the Improvements. 1 ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION ' § 1201 DefaLltc - CT nPral § 1201.1. Subject to the extensions of time set forth in Section 1313 of this Lease, failure or delay by a Party to perform any term or provision of this Lease constitutes a default under this Lease. The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and, in any event, for monetary defaults within thirty (30) days of such failure or delay, and for non-monetary defaults within the time reasonably required for cure with reasonable diligence, not to exceed sixty (60) days plus any period or periods of enforced delay required by Section 1313 of this Lease (the "Cure Period"). § 1201.2. The injured party shall give written notice of default to the Party in default, specifying the default complained of by the injured P against fiuther damages, the in ured p ~Y• Except as required to protect j arty may not institute proceedings against the Party in default until the expiration of the applicable Cure Period. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. § 1201.3. Except as otherwise expressly provided in this Lease, any failure or delay by a Party in asserting any of its remedies or rights as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive a Party of its right to institute and Regency Lease Oct. 12, 2001 1"Draft 23 maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. § 1202 Legal Actions In addition to any other rights or remedies, a Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal action must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. § 1203 Attorney 'Fees and C"nnrt ('note In the event that any Party .~llall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against another Party arising from any default under or violation of this Lease, then the prevailing Party shall be entitled to an awazd of attorneys' fees and court costs as reasonably determined by a court. § 1204 Blehts and Rem di s ar C`umnl ti ~P Except with respect to rights and remedies expressly declared to be exclusive in this Lease, the rights and remedies of the Parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other Party. Upon expiration of the applicable Cure Period, a nondefaulting Party may, at its option, commence an action for damages, specific performance, or any other remedy as is permitted by law for such a default. § 1205 Additional Rem di s ofi P,cnr In addition to any remedies provided under Section 1204 of this Lease, if after notice from Lessor of a default Lessee fails promptly to commence to cure such default or if the cure is not prosecuted to completion with all due diligence and in any event prior to the expiration of the applicable Cure Period, Lessor, at its option, may thereafter (but not before): a. Correct or cause to be corrected said default and charge the costs therefor to the account of Lessee; b• Correct or cause to be corrected said default and pay the costs thereof from the proceeds of any insurance; c. Continue this Lease and Lessee right to possession in effect and enforce its rights and remedies under the Lease, including the right to recover rent as it becomes due, as provided in Section 1951.4 of the California Civil Code. Regency Lease Oct. 12, 2001 1"Draft 24 d. Have a receiver appointed to take possession Lessee's interest in the Site and Improvements, with power in said receiver to administer Lessee's interest therein, to collect all funds available to Lessee(s) in connection with its operation and maintenance thereof; and to perform all other acts consistent with Lessee's obligations under this Lease as the court deems proper; e. Maintain and operate the Site and Improvements without terminating this Lease. The rights reserved in this Section 1205 shall not create any obligation on Lessor or increase obligations imposed on Lessor elsewhere in this Lease. § 1206 Remedies and Rights of Terming inn § 1206.1. In the:~event that at any time during the term of this Lease, and in violation of this Lease, Lessee shall: a. Fail to commence and/or complete the construction of the Improvements as required by this Lease or within the time required by this Lease; b. Abandon or substantially suspend construction of the Improvements as required by this Lease prior to the completion thereof; c. Use the Site and Improvements for any purpose other than those provided for in this Lease or fail to use the Site and Improvements in accordance with Section 501 of this Lease; d. Fail or refuse to pay to Lessor when due the applicable rents and other sums required by this Lease to be paid by Lessee(s); e. Fail or refuse to pay when due any taxes, assessments or other Impositions as required by this Lease; f. Make or suffer to be made any voluntary or involuntary conveyance, assignment, sublease or other Transfer of the leasehold interest in the Site and Improvements, or any part thereof, or of the rights of Lessee under this Lease except as expressly permitted by this Lease; g. Commit or suffer to be committed any waste or impairment of the Site or the Improvements, or any part thereof; h. Alter the Improvements in any manner except as expressly permitted by this Lease; i. Fail to maintain insurance as required by this Lease; j. Fail to make full repair and restoration of the Improvements in the event of damage or destruction except as otherwise permitted by this Lease; Regency Lease Oct. l 2, 200 ] 1" Draft 25 ,.... ... k. Engage in any financing except as perntted by the terms of this Lease, or any other transaction creating any mortgage on the Site, or placing or suffering to be placed thereon any lien or other encumbrance, or suffering any levy or attachment to be made thereon except as expressly permitted by this Lease; 1. Voluntarily file or have filed against it any petition under any banla~uptcy or insolvency act or law, or be adjudicated a bankrupt, or make a general assignment for the benefit of creditors; m. Fail to pay when due any payment or chazge or otherwise default on any loan secured by a leasehold mortgage permitted by this Lease; n. Abandon or surrender possession of the Site, or Lessee's interest therein; o. Fail to perform any of Lessee's Hazazdous Substances covenants; or p. Fail to perform or comply with any other material term or provision hereof, and any such failure or violation shall not be cured or remedied within the applicable Cure Period; then, in such event, Lessor may, at its option and in addition to any other remedy provided for in this Lease, terminate this Lease and revest in Lessor the leasehold interest{s) theretofore transferred, by written notice of its intention to do so sent to Lessee. § 1206.2. Upon termination of this Lease pursuant to t~iis Section 1206, it shall be lawful for Lessor to re-enter and repossess the Site without process of law, and Lessee(s), in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver peaceably to Lessor immediately upon such termination in good order, condition and repair. Upon such termination title to all Improvements on the Site shall be vested solely in Lessor. § 1206.3. No ejectment, re-entry or other act by or on behalf of Lessor shall constitute a termination unless Lessor gives Lessee written notice of termination in writing as specified in this Lease. Such termination shall not relieve or release any Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination, nor shall such termination relieve any Lessee of its obligations pursuant to Section 702 to remove the Improvements and restore the Site to its condition as of the Commencement Date. § 1206.4. Termination of this Lease under this Section 1206 shall not relieve any Lessee from the obligation to pay any sum paid or payable by it to Lessor or from any claim for damages against a Lessee. § 1206.5. The right of termination provided by this Section 1206 is not exclusive and shall be cumulative to all other rights and remedies possessed by Lessor, and nothing contained herein shall be construed so as to defeat any other rights or remedies to which Lessor may be entitled. Regency Lease Oct. 12, 2001 1" Draft 26 ARTICLE 13. GENERAL PROVISIONS § 1301 No_ t_ iced Dem__ and~?nd Communi~a ions >~Ptu~PP.. +hA pan,P~ Formal notices, demands and communications from any one Party to any other Party shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Lessor and Lessee, as designated in Section 105 hereof. Such written notices, demands and communications may be sent in the same manner to such other addresses as any Party may from time to time designate by mail as provided in this Section. Sufficient notice may also be given by personal delivery or reputable overnight delivery service in lieu of mail if reasonably adequate records are maintained of such service in the ordinary course of business by the person or entity effecting such service. § 1302 Time of F.cs nc~ Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Lease. § 1303 Conflict o In res,~ § 1303.1. No council member, official or employee of Lessor shall have any personal interest, direct or indirect, in this Lease, nor shall any such council member,. official or employee participate in any decision relating to the Lease which affects his/her personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. § 1303.2. Lessee warrants it has not paid or given, and will not pay or give, any officer or employee of Lessor any money or other consideration for obtaining this Lease. § 1304 Nonliability of T Pssor Offir*~~~ ~„~ ~*"nio-~ No council member, official or employee of Lessor shall be personally liable to Lessee, or any successor in interest of Lessee, in the event of any default or breach by Lessor for any amount which may become due to Lessee or successor or on any obligations under the terms of this Lease. § 1305 No Partnerch;n Neither anything in this Lease contained, nor any act of Lessor or Lessee shall be deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Lessor and Lessee. Regency Lease Oct. 12, 2001 1"Draft 27 § 1306C_omnliancP wi h T a~x~ Lessee agrees, at its sole cost and expense, to comply and secure compliance with all the applicable and valid requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Site and Improvements, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Site and Improvements, all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, including all Laws prohibiting discrimination or segregation in the use, sale, lease or occupancy of property. § 1307 S ~rr nd r of Pro e~.rtrn• Except as otherwise expressly,provided in this Lease, upon the expiration or termination of this Lease pursuant to the terms hereof, it shall be lawful for Lessor to reenter and repossess the Site and Improvements without process of law, and each Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Site and Improvements peaceably to Lessor immediately upon such expiration or ternnation in good order, condition and repair. § 1308 ~vet~abilit~r If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. § 1309 Binding F.ffec This Lease, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. § 1310 C` ions The captions contained in this Lease are merely a reference and are not to be used to construe or limit the text. § 1311 No Recording of this T Pa This Lease shall not be recorded. § 1312 d Delav in Perfonman P for a ~c c B vond Control of Pamf In addition to specific provisions of this Lease, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to causes beyond the control and without the fault of the Party claiming an extension of time to perform, including war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; Regency Lease Oct. 12, 2001 1" Draft 28 epidemics; quazantine restrictions; freight embazgoes; governmental restrictions or priority (except as to Lessee's obligation to obtain the Governmental Approvals); litigation; unusually severe weather; delays of any independent contractor or supplier; or acts or failure to act of any other public or govemmental agency or entity (other than that any act or failure to act of Lessor shall not excuse performance by Lessor). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. If, however, notice by the Party claiming such extension is sent to the other Parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. § 1313 Applicable T.aw The laws of the State ofCali-forma shall govern the interpretation and enforcement of this Lease. § 1314 Entire . m n ,Waivers and Am ndm n s § 1314.1. This Lease is executed in five (5) duplicate originals, each of which is deemed to be an original. This Lease includes thirty-one (31) pages and two (2) exhibits. This Lease shall become effective on the date it is executed on behalf of Lessor ("Effective Date"). § 1314.2. All waivers of the provisions of this Lease must be in writing and signed by the appropriate authorities of Lessor or a Lessee. All modifications or amendments to this Lease must be ~in writing and signed by the appropriate authorities of Lessor and Lessee. § 1315 Ap royal Except as expressly provided otherwise in this Lease, approvals required of the Parties shall not be unreasonably withheld, conditioned or delayed. CITY OF LYNWOOD Date: , 2001 By; Paul Richards, II Mayor Regency Lease Oct. 12, 2001 1" Draft 29 DATE: December 13, 2001 FROM: Ralph W. Davis III, City Manager BY: Joseph Y. Wang, P.E., Director of Environmental Servi / ity nine r SUBJECT: Review of the Four-Year Tree Trimming Contract PURPOSE: To request the City Council review the contract agreement between the City and California Western Arborists, Inc. for the citywide four-year tree trimming cycle, and provide staff with direction relative to this matter. BACKGROUND: Staff received a request from the Interim City Attorney to place the Contract Agreement between the City and California Western Arborists, Inc. (CWA) on the agenda for City Council's review. This contract was for the four-year cycle tree trimming citywide. The background of this contract is shown as follows: • In 1988, the City implemented afour-year cycle tree-trimming program to maintain city trees. On January 6, 1998, the tree-trimming contract with CWA was terminated. Since then, city trees were trimmed and maintained based on resident complaints and emergency situations. The operation was done through the use of small contractors and supplemented by city personnel. • On November 6, 2001, City Council adopted Resolution No. 2001-143 approving the reinstatement of the tree trimming contract with CWA and the necessary funds appropriation (see Attachment "A"). • On November 19, 2001, City Council approved the tree-trimming schedule, which began with the trimming of trees in Area 3. • On November 21, 2001, the contract agreement between the City and CWA was executed (see Attachment "B"). RECOMMENDATION: To recommend that the City Council review the contract agreement between the City and California Western Arborists, Inc. for the citywide four-year tree trimming, and provide staff with direction relative to this matter. Cou01081.doc 1 RESOLUTION N0. 2001.143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AND REINSTATING THE FOUR YEAR TREE TRIMMING CONTRACT WITH CALIFORNIA WESTERN ARBORISTS, INC WHEREAS, on January _6, 1998 the four year tree trimming contract with California Western Arborists Inc. was terminated; and WHEREAS, City owned trees have not been trimmed systematically since January 1998 and pose public safety issues and liability to the City; and WHEREAS, staff has identified $200,000.00 available for the four year tree trimming contract and $50,000.00 for emergency tree trimming services; and WHEREAS, Staff will negotiate the contract amount with California Western Arborists, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section l: That the Four Year tree trimming Contract shall be reinstated and a contract amount negotiated with California Western Arborists, Inc. not to exceed $800,000.00 for the four year program. Section 2: The City Manager or his designee shall appropriate -and transfer funds as follows: From unappropriated funds• $50,000.00 HUD $ 50, 000.00 Prop C $50,000.00 Water Fund To Four Year Tree Trimming Project FY 2001-2002 $50,000.00 $50,000.00 . $50,000.00 $100,000.00 Landscape Maint. District $100,000.00 Sect= This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 6th day of NOVEMBER 2001. PAUL H. RICHARDS II, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood - Cou01073 APPROVED AS TO FORM: y ttorney City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ Ss. APPROVED AS TO CONTENT: D~ck~- RA PH W. D S, III City Manager f PH Y. W G, .E. Director of Public Works/ City Engineer I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 6th day of NOVEMBER __________, 2001. AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: COUNCILMEN REA, REYES ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ Ss. s I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2001.143 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 6th day of NOVEMBER ,2001. ~~~~ City Clerk, City of Lynwood Cou01073 r i• n ., a-, s*~~. CITY OF LYNWOOD AGREEMENT FOR TREE TRIMMING SERVICES RECEIVED DEC03Z001 ENUIRONMENTA! SERVICF~ CITY OF LYNWOOD AGREEMENT FOR TREE-TRIMMING SERVICES THIS AGREEMENT FOR TREE-TRIMMING SERVICES ("Agreement") is entered into by and between the CITY OF LYNWOOD, a municipal corporation ("City), and CALIFORNIA WESTERN ARBORISTS, INC., a California corporation ("contractor"). R E C I T A L S: A. City desires to contract for tree-trimming services that are required to enhance the aesthetic appearance of the community and to protect the health, welfare and safety of its residents. B. Contractor has represented to City that it possesses all licenses and permits required by law and has the managerial, maintenance, and operating personnel necessary to provide the tree-trimming services described in this Agreement. NOW, THEREFORE, CITY AND CONTRACTOR AGREE AS FOLLOWS: I. PARTIES, TERM AND SCOPE OF SERVICES ~ Section 101. Parties to the Agreement. The parties to this Agreement are: 1. The City of Lynwood, a municipal corporation, having its principal office at 11330 Bullis Road, Lynwood, California 90262. 2. The Contractor, A California corporation, known as California Western Arborists, Inc., located at 2555 E. Industry way, #F, Lynwood, California 90262. Section 102. Representative of the Parties and Service of Notices. The respective representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications must be given, are as follows: /~O~ 1. The principal representative of the City shall be: Name & Title: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 2. The principal representative of the Contractor is: Mr. Lee Duncan, President California Western Arborists, Inc. 2555 E. Industry Way, #F Lynwood, CA 90262 3. Formal notices, demands and communications to be given hereunder by either party must be in writing and may be affected by personal delivery or by mail. 4. If the name or address of the principal representative designated to receive the notices, demands or communications is changed; written notice must be given within five (5) working days of that change. Section 103. Term of Agreement. This agreement is deemed to have become effective (date ~ 2001. The term of this Agreement shall be for a pe iod of forty - eight (48) months. It shall be automatically renewed on July let, of each year (the renewal date) unless request to terminate is made by either party, in writing, not less than twelve months prior to the renewal date. Subject to the termination review, cancellation provisions of Section 604. A. Performance under this agreement will not commence until the contractor has obtained the City's approval of the insurance required in Section 601. Section 104. Scope of Services A. The tree-trimming and related services to be provided by Contractor will be in accordance with the terms and provisions of this Agreement. B. In consideration of the covenants and agreements of the parties set forth in this Agreement, City engages Contractor to provide those services specified in the "Scope of Services" attached as Exhibit "A" and incorporated by this reference. Those services are referred to in this Agreement as the "services" or "work." The City reserves the right to make additions to or deletions from that work upon ten (10) days prior written notice to Contractor; but if work is added, Contractor will be compensated at an amount to be agreed upon by the Parties. _~'/.1 II. DUTIES AND POWERS OF THE CITY Section 201. Director of Facilities Maintenance. A. The Director of Facilities Maintenance is responsible for the administration of this Agreement and is authorized to issue to the Contractor directives concerning the performance of the work required by this Agreement, and the required levels of service. B. In addition to subparagraph A above, the City's Director of Facilities Maintenance has responsibility for the ongoing supervision of Contractor's performance under this Agreement and will monitor the satisfactory completion of all services required. Pursuant to Section 504, The Director of Facilities Maintenance has authority to initiate the "Failure to Perform Notification" and to determine the amounts, if any, proposed to be deducted from payments to be paid by City to Contractor. Section 202. Rejection of Contractor's Personnel City has the right to conduct background investigations and to reject any employee on the Contractor's work force. In the event of such rejection, Contractor will replace that employee in a timely manner so as not to adversely affect the Contractor's performance under this Agreement. III. DUTIES AND POWERS OF THE CONTRACTOR Section 301. Independent Contractor Status. The performance of the Contractor's services under this Agreement is the capacity of an independent contractor, and no employees of the Contractor have been, are, or will be employees of the City by virtue of this Agreement. The Contractor will so inform each employee organization and each employee who is hired or retained under this Agreement. Section 302. Scope of Services• General. A. Contractor must provide a work force of skilled employees to perform the work and services specified in this Agreement. Contractor will provide all necessary materials, supplies, tools, and equipment so as to ensure the efficient and prompt performance of these services. ~D~Q 3 B. By executing this Agreement, Contractor warrants to City that it has (I) thoroughly investigated and considered the work to be performed; (II) investigated the site or sites of the work and fully acquainted itself with the conditions there existing; and .(III) Carefully considered the manner in which the Work is to be performed. If Contractor subsequently discovers any conditions which differ materially from those inherent in the work or as represented by the City, Contractor will immediately inform the City of those conditions and will not proceed except at Contractor's sole risk until written instructions are received from the Director of Facilities Maintenance. Section 303. Contractor's Personnel - General Provisions. A. The Contractor is solely responsible for the satisfactory work performance of all employees and their compliance with all reasonable performance standards established or approved by the City. B. Contractor is responsible for a p yment of all employees'and subcontractor's wages and benefits, and will comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and social security. C. Contractor will indemnify and hold harmless the City from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of Contractor's personnel practices. D. Contractor will determine the number of skilled employees required to perform the services required under this Agreement. E. Contractor's work crews will be supervised by an individual who is sufficiently fluent in English to communicate with City staff and who is able to understand and carry out both oral and written directions. In the absence of the regular supervisor, Contractor will designate a temporary supervisor to supervise its work crew. Contractor will notify the City's Director of Facilities Maintenance any such temporary designation prior to the commencement of any work shift. F. Contractor will maintain a business telephone during normal business hours, Monday through Friday, for the purpose of receiving any complaints from City personnel. G. Contractor will, at all times, enforce strict discipline among its employees and will neither employ, nor permit to remain in its employ, any person deemed to be unfit. ~~u IV. PERFORMANCE STANDARDS Section 401. Schedule of Performance. A. All services rendered by Contractor under this Agreement will be performed within the time periods set forth in the "Scope of Services" attached as Exhibit A. Extensions of the time periods set forth in the Scope of Services may be authorized in writing by the City's Director of Facilities Maintenance. All services will be performed in accordance with all applicable federal, state, county, and City laws, ordinances and regulations. B. City's Director of Facilities Maintenance has the right to inspect all work and to approved or reject the work performed by the Contractor. C. Any failure or refusal by the Contractor to perform the required services, or to correct poor workmanship or substandard performance, may result in the initiation of the "Failure to Perform Notification" as provided for in Section 504. Section 402. Work Schedules. Contractor's services will be provided pursuant to work schedules as approved from time to time by the City. Contractor is not responsible or liable for any failure or delay in performance as a consequence of natural disasters, fire, acts of the Government, or civil disorders. Section 403. Labor Strikes. Contractor must provide continuous services pursuant to this Agreement. In the event of any labor strike affecting Contractor's personnel, Contractor will, at its sole cost and expense, take all necessary actions to avoid any interruption of the services. Contractor's failure to do so will entitle the City to take appropriate action so as to provide for the continuation of those services, and their cost will be borne by the Contractor. V. COMPENSATION AND PAYMENTS Section 501. Compensation. The compensation to be paid by City to Contractor for all services rendered under this Agreement will be determined in accordance with the "Schedule of Compensation" which is attached as Exhibit B and incorporated by this reference. Any future 07 ~ ~ adjustment in that compensation will be subject to the mutual agreement of the parties. Section 502. Invoicing and Payment. Invoices documenting the Contractor's services under the Agreement will be prepared and submitted by Contractor upon the completion of each zone. Subject to any deductions that may be imposed pursuant to Section 504. Compensation will be paid by the City to the Contractor within ten (10) working days upon receipt of a properly prepared statement of work. Contractor is entitled to late payment fees of 1.5$ per month if the City fails to pay accordingly. Section 503. Certified Payroll Records. A. Contractor must comply with all applicable provisions of Sections 1776, 177.5 and 1777.7 of the California Labor Code and will, if so directed by the Director of Facilities Maintenance, submit certified payroll records with each invoice or other request for payment. No invoice or other request for payment will be processed by the City in the absence of certified payroll records, if so required by the Director of Facilities Maintenance. B. Contractor is responsible for compliance with Section 1776 of the California Labor Code and must insert a provision in all subcontracts, if any, requiring subcontractors to comply with that Section. Section 504. Deductions from Periodic Pa ents. If Contractor fails to perform any of the services specified in Section 104 above, then the City's Director of Facilities Maintenance must give written notice to the Contractor's principal representative. That notice will be entitled "Failure to Perform Notification" and will state the nature of the services that were not performed, the locations involved, and the date or dates the services were omitted. This notice will also set forth the computations of the Director of Public Works as to the appropriate deduction proposed to be made from any payment by the City to the Contractor. Proposed deductions from any payment to the Contractor will be subject to prior discussions between the parties. Section 505. Taxes. Contractor has the sole responsibility for the payment of all federal, state and local taxes, and for all unemployment contributions and other required set-asides and deductions. b. ~,(~ VI. GENERAL TERMS AND CONDITIONS Section 601. Insurance. A• Liability Insurance Contractor must obtain and maintain in force at all times during the term of this Agreement comprehensive general liability and automobile insurance in amounts of not less than One Million Dollars ($1,000,000) combined single limit. That insurance must be obtained only from a company rated "A" or better in the Best Insurance Guide and authorized to transact business in the State of California. B. Certificates of Insurance. Contractor must provide to the City's Director of Facilities Maintenance certificates of insurance evidencing compliance with subsection "A" above not less than ten (10) days prior to the commencement of services under this agreement. Those certificates must name as additional insured's the City of Lynwood, the Lynwood Redevelopment Agency, and their respective officers, employees and agents. The insurance coverage provided for the additional insured's identified above must be primary insurance, and no other insurance provided for or maintained by the additional insured's will be required to contribute with or to the insurance provided by the Contractor. Each policy must provide that it may not be cancelled or reduced in coverage without thirty (30) days prior written notice to the City. C• Workers' Compensation Insurance Throughout the term of this Agreement, Contractor must obtain and maintain workers' compensation and employer's liability insurance as required by the laws of the State of California. That insurance coverage must include a waiver of subrogation against the City and must provide that it may not be cancelled or reduced in coverage without thirty (30) days prior written notice to the City. A certificate evidencing that insurance coverage must be filed with the City's Director of Public Works prior to the commencement of services. D• Failure to Provide Insurance. The City may immediately terminate this Agreement if, at any time, the Contractor fails to provide or maintain the required insurance. In the alternative, at the option of the City, the City may obtain and maintain the required insurance for the Contractor and may deduct the cost of the insurance from any monies due Contractor under this Agreement. ~~~ Section 602. Indemnification. Contractor may not incur any debt, obligation or liability for or on behalf of the City and must indemnify, defend and hold harmless the City, the Lynwood Redevelopment Agency, and their respective officers, employees and agents, from and against any and all claims, costs, expenses, damages, liabilities and judgments attributable to or arising out of any act, error or omission on the part of Contractor, or Contractor's officers, agents, servants, employees or subcontractors, while performing services under this Agreement. Section 603. Subcontracting, Delegation and Assignment. A• Contractor must not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the City; provided, however, that claims for money due or to become due to Contractor from City under this Agreement may be assigned by Contractor to a bank, trust company or other financial institution without such approval. Any delegation, assignment or subcontract must provide a description of the services to be covered, identification of the proposed assignee, delegee or proposed subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegee or subcontractor must include the following: r 1. The amount contractor's analysis of that 2. A provisio modification or amendment will consent of the City. involved, together with cost or price. n requiring that any subsequent be subject to the prior written 8• Any assignment, delegation or subcontract must be made in the name of the Contractor and may not bind or purport to bind the City and may not release the Contractor from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees and subcontractors. No such assignment, delegation or subcontract may result in any increase in the amount of compensation payable to Contractor under this Agreement. Section 604. Termination and Cancellation. A• Upon any determination by either party that the other party has failed to comply with any of the terms or provisions of this Agreement, a notice of intent to terminate specifying the reasons therefore must be delivered by the terminating party to the other party. If the specified default or defaults are not cured within ten (10) days after the receipt of the notice, then this Agreement may be terminated by giving a ~~ 9 written notice of termination to the defaulting party and specifying the effective date of termination, which date may be not less that thirty (30) days after the date of said notice. B. Upon any termination or cancellation, Contractor is entitled to compensation for all services rendered pursuant to this Agreement. Section 605. Non-Discrimination. A. In the performance of this Agreement, Contractor will not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap or age. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex national origin, handicap or age. Affirmative action relating to employment must include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship. B. The provisions of subsection A above must be included in all solicitations or advertisements placed by or on behalf of Contractor for personnel to perform any services under this Agreement. City will have access to all documents, date and records of Contractor and its subcontractor for purposes of determining compliance with the fair employment and non- discrimination provisions of this Section. Contractor agrees that recruitment for permanent full-time employees will be conducted in the City of Lynwood. C. During the term of the Agreement, Contractor shall provide, at no additional expense or liability to City, a Youth On-Site Job Training Program of not less than 640 hours during each 12 months period year for residents of City between the ages of 13 and 18. The provision of this program was a material inducement to City to enter into this Agreement. Notwithstanding the foregoing, no such program shall actually be implemented under this Agreement until Contractor's programs and any required permits necessary to ensure the health and safety of the youth to be trained have been approved by City's Risk Manager. Section 606. Permits and Licenses. Contractor will obtain and maintain during the term of this Agreement all necessary license, permits and certificates required by law for the conduct of Contractor's business and for ~~9 the provision of services hereunder, including, without limitation, a City of Lynwood business license as required by the Lynwood Municipal Code. Section 607. Conflict of Interest. The parties agree that, to their knowledge, no member of the City Council, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise in this transaction, or in other business of the Contractor, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party, even if that interest would not be considered a conflict of interest under applicable laws. Contractor covenants that is has, at the time of execution of this Agreement, no interest, and that it will not acquire any interest in the future, direct or indirect, which would conflict in any manner with the performance of services required. Contractor further covenants that, in the performance of the services hereunder, no person having any such interest will be employed. Section 608. Resolution of Disputes. A. Disputes regarding the interpretation or application of any provisions of this Agreement will, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. B. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in that action will be entitled to reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. Section 609. Amendments. This Agreement supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally, and no modification, termination or attempted waiver of any of the provisions of this Agreement will be binding unless in writing and signed by the party against whom the same is sought to be enforced. Section 610. Exhibits. The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:. Exhibit A. Scope of Services. Exhibit B. Schedule of Compensation. ~~~ Section 611. Governing Law. This Agreement is governed by the laws of the State of California Section 612. Effective Date. s A Bement s deemed to have become effective as of (date) ~ ~ 2001. TO EFFECTUATE THIS AGREEMENT, the parties have executed this Agreement as of the dates set forth below. CITY OF L MA APPROVED AS TO FORM: r "CONTRACTOR" CALIFORNIA TERN ~ORISTS, BY : /~~_ TITLE: DATED : -1~~LP~'y~! _2Tr~`t~~~ ~°~O~r TECHI~TICAL PROVISIONS Section 1. Scope of Work A. Trim all trees within each zone. B. Provide street clearance. C. Remove dead branches to a prescribed size. D. Prune to moderate other extreme and undesirable conditions as may be required by the City. E. Remove dead or diseased trees. F. Remove downed trees from public right-of--way and public property. Section 2. Conduct of Work A. The Director of Facilities Maintenance will be responsible for the interpretation of all contract documents. B. It shall be understood that the Contractor will be required to perform and complete all assigned work in a thorough and workmanlike manner, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment, materials, and supplies except such thereof as may otherwise be specked will be furnished by the City. C. The Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner, which will cause the least possible interference with or annoyance to the public. D. Contractor shall respond to emergency calls within two (2) hours from time of notification. E. Upon arriving at an emergency situation, it shall be the responsibility of the Contractor to eliminate all unsafe conditions, which would adversely affect the health, safety, or welfare of the public. F. All tree trimming and related operations associated with this work shall comply with all laws, ordinance, and regulations of legally constituted authorities having jurisdiction. Section 3. Safe A. Whenever streets are to be blocked off, the Department of Facilities Maintenance, Sheriff s Department and Fire Department shall be notified of the locations and the length of time the street will be blocked. ~o.~o« li. Suitable street, sidewalk barriers, signs, traffic cones and other such equipment shall be used by the Contractor. C. It is the sole responsibility of the Contractor to ensure the safety of his work. The Contractor shall observe all CAL OSAA standards as they pertain to their operations. Section 4. Method of Prunin A• Method of Trimming Deliquescent Trees 1. Remove all lower limbs to allow approximately fourteen (14) feet of clearance at the curb line. 2. Remove all suckers, all dead branches, all broken branches, all diseased branches, all heavily shaded branches, all crisscrossing branches, all water sprouts, and enough less desirable branches to reduce crown weight by twenty to forty percent (20% - 40%). 3. Radial distribution of branches should allow five (5) to seven (7) scaffold branches to fill the circular space around the trunk. 4. Scaffold branches should be space vertically 18 to 24 inches (18" to 24") if possible. 5. The crown should form a symmetrical half sphere with the weight evenly distributed when the tree is finished. 6• Remove all foreign plant material from top down to base of tree, such as ivy, etc. A. Method of trimming Excurrent Trees 1• Remove all lower limbs to allow an estimated fourteen (14) feet of clearance at the curb line. 2. Remove all suckers, all dead wood, all broken branches, and enough less desirable branches to reduce weight by thirty percent (30%). 3. The finished tree should have a symmetrical form with the weight evenly distributed. 4• Remove all foreign plant material from top down to base of tree, such as ivy, etc. C. Method of Trimmin Palm Trees 1. All dead or drooping fronds shall be removed as close to the trunk as possible with no more than seven evenly spaced vertical fronds. ~~~3 2• Upon completion, the tree trunk shall be cleared of all frond remnants. Slicking frond remnants shall be cleaned from trunk with a the knife or similar tool. 3. Remove all foreign plant material from top down to base of tree, such as ivy, etc. D. Method of Topping 1. Topping is not permitted. E. Cuts 2• Large limbs, over one inch in diameter, shall be cut with a saw using the following procedure: make the first cut on the underside of the branch, one to two feet from the crotch; the undercut should be at least 1/3 of the diameter. Make the second cut on the branch topside, one to three inches further from the crotch than the first. The limb should break off between the two cuts. 3. The third shall be made at the point bisecting the top angle of the crotch and a similar point bisecting the lower angle of attachment. 4. Cuts over 6" in diameter shall be treated with a heavy coat of an approved tree sealant. F. Removing Dead Wood 1. The cut shall be made in healthy wood well below the infection; twelve to eighteen inches (12" -18") if possible. 2. All pruning tools (extension pruners, handsaws, power saws, loopers, hand pruners, and pruning knives) shall be sharp and in good condition. G. Climbing 1• Spikes shall not be used for climbing live trees without the prior written permission of the Director of Facilities Maintenance or his designee. Section 5. Method of Removal A. The Director of Facilities Maintenance or his designee will mark all trees for removal with a red "X" prior to the commencement of the monthly projects. Should a tree be scheduled for removal and not marked, it is to be left alone and the Department of Facilities Maintenance is to be contacted for clarification. ~~~~ B. All trees shall be removed by section, no single section shall exceed five (5) feet in length. C. Trunks and/or limbs over 6" in diameter shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall be subject to the approval of the City. D. All stumps shall be cut off at ground level, and ground to not less than fifteen (15) inches below existing grade. All chips are to be removed and top soil added to existing grade. E. All exposed surface roots shall be removed from public right-of--way. Section 6. Method of Stump Removal A. All stumps to be removed shall be ground to not less than fifteen (15) inches below existing grade. All chips are to be removed and top soil added to existing grade. B. All exposed surface roots shall be removed from public right-of--way. Section 7. Minimum Equipment Required A. Contractor is required to have the following equipment available for use in the City: 1. (1) Aerial tower 2• (1) Skip loader 3• (1) Hauling truck & trailer 4. Chainsaws B. All equipment used for trimming or removal of City trees shall be kept in good working order. C. A representative of the Director of Facilities Maintenance shall judge the condition of equipment used. Any piece of equipment judged to be unsafe shall be removed from the job site immediately. Section 8. Clean-up A. The Contractor shall chip or removed brush as work progresses. The street and adjacent property shall be kept clean of debris at all times. At the close of each working day, there shall be no debris left at the job site. Any debris left at the job site will be removed by the City at the expense of the Contractor. B. All leaves and branches resulting from tree trimming shall be raked, vacuumed, swept or otherwise effectively cleaned up at least as clean as when he began work at the site. ~0,,~ ~.~ Section 9. Preservation of Property The Contractor shall carefully protect from damage all existing trees, shrubs, plants, other growth, and structures, which remain. He shall be liable for any and all damages caused by his operations to such trees, shrubs, plants, other growth, and features or property; and that all damaged trees, shrubs, plants, shall be restored to their original condition to the satisfaction of the Director of Facilities Maintenance. ~~~.~ EXHII'3IT "A" (Scope of Services) SPECIAL PROVISIONS Section 1. Scope of Work The work to be done consists of a full trim as required herein on all trees within the public right-of--way in all zones of Areas 1, 2, 3, and 4 as illustrated in the attached map. All work shall be completed to the satisfaction and under the supervision of the Director of Facilities Maintenance or his duly authorized representative. Section 2. Permits and Inspections Contractor shall secure permits and inspections. Section 3. Time of Completion Time of completion shall be June 20`h of each fiscal year. Section 4. Clea_ n_up The Contractor shall at all times keep the premises and adjoining public areas free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all his work materials and rubbish from and about the project as well as all his tools, construction equipment, machinery, and surplus materials. The City shall provide adequate space for overnight storage of the contractor's vehicles and equipment for the duration of the contract. Section 5. Traffic Control A. Pedestrian and vehicular traffic shall be allowed to pass through the work area only under conditions of safety and with as little inconvenience and delay as possible. The Contractor shall provide and maintain adequate barricades and warning devices. Flagmen shall be stationed as reasonably necessary for the safety of persons and vehicles. Traffic control shall be set according to the WATCH manual. l3. The Contractor shall supply each crew of workers with a sign 48 inches by 48 inches (48" X 48"), with an appropriate stand, for each site of work. The sign shall have white background with blue letters and shall read as follows: «We regret this inconvenience. Trees being trimmed by Contractor for the Department of Facilities Maintenance, City of Lynwood. Section 6. Schedule of Work A. The Contractor shall complete all trimming work within a zone before proceeding to another zone. ~aL!'~ B. All work, other than emergencies, shall be performed between the hours of 7:00 a.m. and 4:30 p.m., Monday through Fridays. No work, except emergencies, may occur on weekends or holidays. C. Work in trees shall be suspended during inclement weather. Should inclement weather or other acts of God prohibit the Contractor from work, the Contractor's work scheduled will be adjusted to correspond with the same amount of time that the was unable to work. D. The Contractor shall notify the Director of Facilities Maintenance twenty- four (24) hours in advance of commencing any work under this contract. Section 7. Superintendence A. The Contractor shall assign and designate a project superintendent responsible for the Project who will be on the site full-time and will be in charge of all subcontract work being supplied. B. Contractor must designate a person within his company who will respond to emergency call twenty-four (24} hours a day. C. Contractor shall submit phone number(s) to the Facilities Maintenance Department that can be used to obtain emergency service on a twenty-four (24) hour basis. Section 8. Liquidated Damages r It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days or calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay' and it is therefore agreed that the Contractor will pay the City, the following sums per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed. Amount of Contract Less Than $5,000 $5,000 and less than $15,000 $15,000 and less than $50,000 $50,000 and less than $100,000 $100,000 and less than $500,000 $500,000 and less than $1,000,000 $1,000,000 and over Amount of Liquidated Damage Per Day $ 25.00 50.00 100.00 200.00 300.00 400.00 500.00 and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the contract. ~,~ /~ November 20, 2001 EXHIBIT "B" City of Lynwood 2001 - 2005 Schedule of Performance & Compensation FY 2001 - 2002 AREA 3 -FULL TRIM AREA 4 -FULL TRIM AREA 1 -FULL TRIM AREA 2 -FULL TRIM ZONE A $20,000.00 ZONE A $20,000.00 ZONE A $20,000.00 ZONE A $20,000.00 ZONE B $20,000.00 ZONE B $20,000.00 ZONE B $20,000.00 ZONE B $20,000.00 ZONE C $20,000.00 ZONE C $20,000.00 ZONE C $20,000.00 ZONE C $20,000.00 ZONED $20,000.00 ZONED $20,000.00 ZONED $20,000.00 ZONED $20,000.00 ZONE E $20,000.00 ZONE E $20,000.00 ZONE E $20,000.00 ZONE E $20,000.00 ZONE F $20,000.00 FY 2002 - 2003 1. Provide Emergency response service. 2. Trim trees located at City Hall. 3. Trim trees on King Blvd. (Parade route) FY 2003 - 2004 1. Provide emergency response service. 2. Trim trees located at CityrHall. 3. Trim trees on King Blvd. (Parade route} 4. Clearance trim (Chinese Elm). FY 2004 - 2005 1. Provide Emergency response service. 2. Trim trees located at City Hall. 3. Trim trees on King Blvd. (Parade route) SCHEDULE OF COMPENSATION (OPTION 2) Installment No. 1: Mobilization $200,000.00, November 28, 2001. Installment No. 2: Completion of areas 1, 2, 3, & 4, $200,000.00, 1st Quarter 2002 (less $40,000.00). Installment No. 3: Release of retention 30 days after completion of areas 1, 2, 3, & 4, $40,000.00. Installment No. 4: July 8, 2002, $350,000.00. Installment No. 5: November 6, 2003, $25,000.00. installment No. 6: November 4, 2004, $25,000.00. California Western Arborists, Inc. 2555 E. Industry Way, #F Lynwood, CA 90262 ~~ ~ 9 EXHIBIT "C" Charge per unit for additional work outside of scheduled Tree Trimming Area. This work shall be scheduled at individual locations as required by the Cit y. * Reflects prices given for emergency work. Delig uescen t/Excu rrent Item No. Description Trunk Diameter Unit Price A. Cost of full trim 0" - 4", $ 25.00 per tree Cost of full trim 4" - 12" $ 110.00 per tree Cost of full trim 12" - 24" $ 180.00 per tree Cost of full trim 24" -over $ 180.00 per tree B • Cost to remove 0" - 4" $ 300.00 r per tree Cost to remove 4" - 12" $ 700.00 per tree Cost to remove 12" - 24" $ 700.00 per tree Cost to remove 24" -over $ 1,200.00 per tree Palms Item No. Description Trunk Height Unit Price C• Cost to trim 0' - 20" $ 120.00 Fronds to 45° angle and skin per tree Cost to trim 20' - 40' $ 180.00 Fronds to 45° angle and skin per tree Cost to trim 40' -over $ 180.00 Fronds to 45° angle and skin per tree ~D,,1~ a~ Palms Item No. Descri tion Trunk Hei ht Unit Price D• Cost to remove 0' - 20' $ 500.00 stump only per tree Cost to remove 20' - 40' $ 1,600.00 stump only per tree Cost to remove 40' -over $ 2,300.00 stump only Deliguescent/Excurrent/Palms Item No. Descri tion Trunk Diameter Unit Price E• Cost to remove 4" - 12" $ 80.00 stump only Cost to remove 12" - 24" $ 150.00 stump only Cost to remove 24" -over $ 200.00 stump only F• EMERGENCY CHARGES Minimum Service Charge: Charges Beyond Minimum: $ 400.00 for one (1) hour. $ 300.00 per hour. ~,~~/ ,.-, DATE: December 13, 2001 FROM: Ralph W. Davis III, City Manager ` BY: Joseph Y. Wang, P.E., Director of Environmental Services/City 'n r \`~ SUBJECT: Review of the Lynwood Fixed Route Trolley Bus System and The Blue Line Shuttle Bus Contract Agreement PURPOSE: To request the City Council review the Contract Agreement between the City and Commuter Bus Lines for the Lynwood Fixed Route Trolley Bus System and the Blue Line Shuttle Bus, and provide staff with direction relative to this matter. BACKGROUND: Staff received a request from the Interim City Attorney to place the Contract Agreement between the City and Commuter Bus Lines on the agenda for City Council's review. This contract was for the operating of the Lynwood Fixed Route Trolley Bus System and the Blue Line Shuttle Bus. The background of this contract is shown as follows: • On October 15, 1986, the City entered into an agreement with Commuter Bus Lines for the operation and bus services of three trolley buses of the Lynwood Fixed Route Trolley Bus System. Later on, the agreement was amended to include the service of the Blue Line Shuttle Bus. On December 20, 1994, the City extended said service contract for five years, which would expire on December 31, 1999. • The Lynwood Fixed Route Trolley System and the Blue Line Shuttle Bus operates four trolley buses daily. They provide transportation for more than four hundred thousand Lynwood residents annually to and from key locations citywide such as shopping centers, schools, churches, etc. The cost to operate this system has been funded with Proposition Aand/or Proposition C funds. • In December 1999, City Council approved the temporary contract extension to March 31,2000. Subsequently, in March 2000, City Council approved another temporary contract extension that would terminate on September 30, 2000. The extensions were approved in order for Commuter Bus Lines to address several issues concerning the effectiveness of the current bus routes, the operation of more environmental friendly buses, and bus fare. • On September 20, 2000, City Council adopted a revised resolution extending the contract time and establishing revised compensation rates. Subsequently, the contract amendment was executed on November 21, 2000. This contract amendment also included additional services relative to the operation of the Trolley System and other transportation services (see Attachment «A~, )• RECOMMENDATION: To recommend that the City Council review the Contract Agreement between the City and Commuter Bus Lines for the Lynwood Fixed Route Trolley Bus System and the Blue Line Shuttle Bus, and provide staff with direction relative to this matter. cou~ioao.ao~ r AMENDMENT TO SERVICES CONTRACT AGREEMENT FOR LYNWOOD FIXED ROUTE TROLLEY BUS SYSTEM WHEREAS, the City of Lynwood ("City"), and Commuter Bus Lines, Inc., ("Contractor"), have entered into that certain Services Agreement ("Services Agreement"), dated October 15, 1986, which sets forth the terms and conditions for the services of the Lynwood Fixed Route Trolley Bus System; and WHEREAS, the City is satisfied with the services provided by Contractor and wishes to extend the services Agreement; and WHEREAS, Contractor is willing to continue providing services to the City; NOW THEREFORE, the City and Contractor agree as follows: 1. The term of the three Lynwood Trolleys is extended to September 30, 2005. 2. The three Lynwood Trolleys will be charged at a rate of $60.46 per hour. This rate is intended to accommodate, inter alia, unexpected increases in fuel prices and additional services to be provided under the Contract Services Agreement for Supplemental Transit Services between Contractor and Allied Governmental Services. A rate increase per year, equal to the previous year's average Consumer Price Index as applied to a base rate of $50.84, will be implemented for each subsequent year, starting January 1, 2001. Any work performed in excess of 56 hours per week per trolley must be approved by the City in advance and in writing, as must any work performed in excess of 8,728 hours per year. 3. The term of the Lynwood Blue Line Shuttle Bus is extended to June 30, 2002. 4. The Lynwood Blue Line Shuttle Bus will be charged at the current hourly rate of $45.58 per hour. A rate increase per year, equal to the previous year's average Consumer Price Index, will be implemented for each subsequent year, starting January 1, 2001. 5. In the event of termination of the Services Agreement by the City, the Contractor shall be entitled to no other compensation except in accordance with the Schedule of Compensation set forth in Exhibit C. 6. The attached Contract Services Agreement for Supplemental Transit Services between Contractor and Allied Governmental Services, and all exhibits, schedules, and attachments thereto ("Supplemental Services Contract"), shall, once executed be incorporated by reference into the Services Agreement between the City and Contractor. Contractor recognizes that the Supplemental Services Contract is a vital and necessary component of this Agreement. Contractor thus acknowledges that its approval or disapproval of Allied Governmental Services' performance and work products under the Supplemental Services Contract must at all times be consistent with the City's approval or disapproval of that performance and those work products. ATTa.c-~ M E-t~4T ..A„ 7. Notwithstanding any other provision of the Services Agreement, Contractor shall charge a fare of twenty-five cents ($.25) per passenger per trip, beginning on the date of execution of this Agreement. Nonetheless, the City retains the right to increase or decrease this fare amount. Such changes in fares shall take effect on at 12:01 A.M. of the thirtieth (30th) calendar day following the day on which the City transmits to Contractor, via mail, fax, or private courier service, written notification of the change. 8. The City reserves the right, at any time, with or without cause, and with or without .verbal or written notice, to audit any and all fazes collected by Contractor pursuant to the Services Agreement. Contractor shall keep, in its offices, detailed records concerning fares collected each day from each and every trolley, bus, and other conveyances, which it operates for City pursuant to this Agreement. Contractor further agrees to immediately make all such records available for inspection by City staff upon the demand of the City Manager. The City Manager shall specify, at the time of the demand, whether the records are to be inspected in Contractor's offices or whether they are to be sent to the City via facsimile, U.S. Mail, or private courier service. Contractor further agrees to answer, verbally or in writing as directed by the City Manager, any and all further questions posed by City staff regarding fare collection, within forty-eight hours of the time the questions are received. 9. In the event that Contractor fails, without good cause under the Supplemental Services Contract, to compensate AGS for services properly performed under the Supplemental Services Contract, the City shall compensate AGS for the amount in question. The City shall then meet with Contractor to determine if Contractor had good cause for failure to compensate AGS. The City shall deduct the amount in question from the City's compensation to Contractor only if the City determines, on the basis of its meeting with Contractor, that Contractor lacked good cause for not compensating AGS. This deduction shall not exceed $7,000 in any given month. 10. All other terms and conditions of the Services Agreement and the amendments thereto remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on this .Z / ~ day of November, 2000. DATED~~ '~ ~'~~ gy DATED: `j 2/ Oct By; APPROVED AS TO FORM: .~ CG ~ _ Loui Byrd, Mayor 0 Commuter Bus Lines 2 DATED: ! ~~ gy. Attorney CONTRACT SERVICES AGREEMENT FOR SUPPLEMENTAL TRANSIT SERVICES THIS AGREEMENT FOR SUPPLEMENTAL TRANSIT SERVICES is made and entered into by and between Commuter Bus Lines (hereinafter "Contractor) and Allied Governmental Services (hereinafter "AGS"): WITNESSETH Whereas, City of Lynwood (hereinafter City) has determined that an important and necessary aspect of the City's local transportation program is to fully understand and abide by governing policies and regulatory standards; and, Whereas, City has further determined that it must effectively monitor certain local, regional, state, and national agencies to stay informed regarding said policies, standards and opportunities that may potentially benef t Lynwood residents; and, Whereas, City continues to engage in aggressive economic development and community service related activities that have the impact of significantly changing the demand for local transportation; and, Whereas, City finds it necessary to coordinate local transit planning efforts in connection with significant changes that occur within the City and nearby areas; and, Whereas, City has the stated goal of promoting and providing optimal opportunities for residents to use and enjoy local transportation services and recognizes that additional promotional programming is necessary; and, Whereas, City has entered into a Contract Services Agreement with Contractor and desires to extend the term of said agreement provided that certain modifications are made, including a provision to supply the additional support services identified herein; and, Whereas, Contractor has identified AGS as a qualified subcontractor to help perform said additional services; NOW, THEREFORE, PARTIES DO MUTUALLY AGREE AS FOLLOWS: I. TERM: This supplemental agreement shall take effect on NOU, a / , 2000. It shall run concurrent with Contractor's agreement with City, and shall automatically be extended if Contractor's agreement with City is extended. II. SUB COMPONENT OF AGREEMENT BETWEEN CITY AND CONTRACTOR: Contractor and AGS both acknowledge that this supplemental agreement with AGS is a vital and necessary component of Contractor's agreement with City. Contractor acknowledges that its approval or disapproval of AGS's performance and work products must at all times be consistent with the City's approval or disapproval of AGS's services. AGS, in turn, recognizes that Contractor's satisfaction with and acceptance of its performance under this Supplemental Services Agreement is thus contingent on the acceptability of AGS's performance to the City and on the City's satisfaction therewith. III. COMPENSATION-. Contractor agrees to compensate AGS at the base rate of $7,500 per month. AGS shall invoice Contractor at the end of each month for services rendered during that month. These invoices shall be paid in full within thirty (30) days of their receipt by Contractor. AGS shall be paid at the hourly rate of $95 for work exceeding 20 hours per week. Any expenditure above the base rate of $7,500 per month or any work performed in excess of 20 hours per week must, however, be approved by Commuter Bus Lines in advance and in writing unless such additional expenditures or additional hours are authorized, in advance and in writin b Ci g, y ty, in which case the City shall provide compensation for the additional work or services. Contractor agrees that AGS, at its option, may elect to be compensated directly from City for services rendered upon approved agreement by the City in writing. IV. OBLIGATIONS OF AGS. AGS shall provide, to Contractor's satisfaction, the services detailed in Attachment A (the "Scope of Services") according to the timeline set forth in the Scope of Services. Time is of the essence in providing these services. All correspondence with AGS shall be sent to both Contractor and to the City. A. STANDARD OF SATISFACTION. Contractor is neither obliged to accept nor pay for any part of AGS's services unless Contractor determines with the concurrence of the City as required by Section II, above, and in accordance with average reasonable industry standards, that it is satisfied with AGS's performance. Contractor shall not, however, unreasonably withhold such approval. V. WORK ASSIGNMENT: Contractor agrees that AGS and its designated representatives have been contracted for the purpose of assisting fixed route transit efforts of City and for purposes of this agreement shall be assigned to work on an exclusive basis with the City and City's designated representatives. VI. SEVERABILITY: In the event that any part of this agreement is found by a court of competent jurisdiction to be invalid, it is the intent of Contractor and AGS that the rest of the agreement continue in force. VII. AMENDMENTS. Amendments to this agreement or to the Scope of Services are only valid if they are in writing and signed by authorized representatives of both parties. 1N WITNESS WHEREOF, parties have executed this agreement as of the dates specified below: _ Bjy,~ LINES Dale Carson, President 11123 Long Beach Boulevard Lynwood, California 90262 Date: ~ Q~ Z'j ALLIED GOVERNMENTAL SERVICES %l i - ~-~~- L l / r Paula Harris, President Date::/ ':~/ -~~~ P.O. Box 692 Altadena, California, 91003 EXHIBIT A SCOPE OF SERVICES AND IMPLEMENTATION TIMELINE {DELIVERABLES FOR) SUPPLEMENTAL TRANSIT SERVICES T Community Needs Assessment _ - Develop assessment instrument jointly with City Staff (Draft & Final) -Prepare plan of assessment administration -Administer assessment - Review assessment results - Prepare final report and analyze 2. Lynwood Rider Cards - Design draft and final with City input -Identify card supplier and assist in negotiating terms -Assist in staff training - Prepare distribution plan - Distribute cards under direction of City 3. Ridership Program - Conduct rider survey -Review and analyze data -Prepare annual report 4. Relevant Government Agencies -Attend meetings as City representative with SCAG, MTA, AQMD and Gateway Cities and others as mutually determined - Review meeting schedules and mutually determine which meetings to attend - E-Mail summary of relevant meeting points 5. Meet with City Staff - As mutually agreed on regular periodic basis 6. Audit Program - Provide information and data to City staff as requested - Develop instrument and procedure for spot audit at City's request - Recommend further procedures if necessary Implemented within 6 months of execution of agreement ;follow up ongoing Implemented within 6 months of execution of agreement ;follow up ongoing Implemented within 6 months of execution of agreement ;follow up ongoing Immediate and ongoing Within one week of each meeting attended Immediate and ongoing Immediate and ongoing 1 of 2 (Scope & Implementation Cont'd) P.2 TASK TARGET COMPLETION DATE 7. Outreach Program Develo - Develop public transportation promotion P Plan within 6 months plan with City staff that com lements Cit of execution of agreement ; p Y implementation ongoing programs and development efforts accompanied by implementation schedule ` 8. Pavement Management -Assist in monitoring City's pavement management program 9. Strategic Plan - In connection with City staff identify transit goals, objectives and strategies - Prepare draft/final plan with City staff Immediate and ongoing Implemented within 6 months of execution of agreement ; follow up ongoing 10. Grants -Assist City inTidentifying grant and funding Immediate and ongoing information from assigned agencies -Assist City staff as directed in preparing grant applications 2 of 2 DATE: December 13, 2001 TO: Honorable Mayor and Members of the City Council FROM: Ralph Davis, City Manager SUBJECT: REVIEW OF THE AGREEMENT BETWEEN PATRICIA SHIELDS AND THE CITY OF LYNWOOD DATED OCTOBER 1, 2001 TO PERFORM PROFESSIONAL CONSULTING SERVICES IN THE ADMINISTRATION AND IMPLEMENTATION OF THE CITY'S DAYCARE DEVELOPMENT PROJECT. OBJECTIVE The new Interim City Attorney, Mike Montgomery, is in the process of reviewing many of the City's agreements and has requested the subject agreement be agendized for discussion and review. BACKGROUND On September 24, 2001 the City Council authorized a proposal from Patricia Shields to provide consulting services to the City to assist in the development of Childcare Centers. On October 1, 2001 a contract to perform professional consulting services in the administration and implementation of the City's Daycare Development Project was implemented. ANALYSIS Since October 1, 2001 Ms. Shields has been working with staff to license the City's existing Pre-school/daycare program so that the program will meet the requirements to be eligible for the State Daycare Subsidy Grant. Additionally, she has met with residents who wish to expand their daycare homes into commercial Daycare Centers. The intention is to offer technical Assistance to those daycare providers wishing to expand or open centers within the City. RECOMMENDATION Staff recommends that the City Council review the attached contract and direct staff concerning the continuation, expansion, reduction or termination of the services outlined. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this first day of October 2001 by and between PATRICIA SHIELDS (Consultant} located at 12830 S. Paramount Bl., Downey, CA 90242, and the CITY OF LYNWOOD (CITY) located at City Hall, 11300 Bullis Road, Lynwood, CA 90262. WITNESS THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: - Consulting Services a. Consultant agrees, during the term of this Agreement, to perform professional consulting services in the administration and implementation of the City's Daycare Development Project. b. In addition to the services described in subparagraph (a) above, the parties may from time to time agree in writing during the term of this Agreement that the Consultant shall perform additional services related to the development of Daycare Centers. Such additional services may include, but are not limited to: (1) changes in the services set forth in subparagraph (a); (2) additional research or work upon a separate Purchase Order or Scope of Work; and (3) additional studies, reports or modifications of existing documents due to changes in laws, rules, regulations or policies of Federal, State or local governmental authority having jurisdiction over Daycare Centers. c. Consultant shall be obligated to devote the necessary attention, skill and effort required to perform the services herein in a professional and timely manner. This Agreement shall not preclude or inhibit the Consultant from rendering similar services to any other person or entity. 2. Duties of Client In order to permit the Consultant to render the services required herein, the City .shall provide the following: (1) information concerning the program (i.e. guidelines and procedures, rules and regulations, handbooks and related reports or studies) that will enable the Consultant to formulate a description of the program and carry out the administrative services and program operations; (2) notify the Consdltant of any pending or confirmed changes or modifications to the program; and (3) promptly review any and all documents and materials submitted by the Consultant for City comment or approval in order to avoid unreasonable delays in the progress of administering the program; and, (4) promptly notify the Consultant of any concern, fault or defect relating to the administrative services performed by the Consultant. 3. Consultant Services a. The Consultant shall perform all of the services and personnel time required by this Agreement. All expenses or cost incurred during the performance of said services should be the responsibility of the Consultant. b. In the performance of duties required pursuant to this Agreement, the Consultant will exercise limited authority and shall work under the direction of the City. c. Consultant shall perform the services required pursuant to this Agreement as an independent contractor and not as an agent or employee of the City. 4. Compensation As consideration for the performance of the services set forth in this Agreement, the City shall pay to the Consultant, Twenty-five hundred dollars ($2,500.00) per month. Such compensation shall be payable in the following manner: a. Consultant shall submit monthly invoices to the City for services rendered and shall include the dates of the pay period, a description of the services provided fees charged and a total amount for each invoice. b. All invoices will include services performed according to the Agreement and the total compensation for each invoice will include only those services performed during the said pay period. 5. Time of Performance Consultant shall commence performance of services under this Agreement forthwith as of the date of execution of thereof, and shall diligently proceed. 6. Term The term of this Agreement shall commence as of the date first written above and shall continue for one year. This Agreement may be extended on a year by year basis as approved by the City Council. This Agreement may be terminated by either party upon written receipt of a thirty (30) day notice. 7. Ownership of Documents Consultant agrees to return to the City upon termination of this Agreement all documents, reports, written or graphic material prepared by Consultant during the performance of said services. 8. Notices Any notice required to be given shall be in writing and deemed given when delivered or deposited in the mail, sent certified or registered, and addressed to the parties as set forth. 9. Assignment Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other party. 11. Indemnify Consultant shall indemnify, defend and save City, its officers, agents and employees, harmless from all claims, damages, losses, causes of action and demands, including reasonable attorney's fees and costs, incurred in connection with or in any manner arising out of Consultant's performance of work contemplated by this Agreement. 12. Federal Contract Provisions The Consultant will comply with applicable Federal Contracting Provisions including the following: Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967 and as supplemented in the Department of Labor Regulations. Copeland "Anti-Kickback" Act as supplemented in the Department of Labor regulations. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) Compliance with applicable standards issued under the Clean Air Act, the Clean Water Act and the Environmental Protection Agency regulations (40 CFR part 15). Civil Rights Acts of 1964 and 1968 prohibiting discrimination of any person because of their race, religion, creed, color, national origin, ancestry, physical handicap, mental condition, marital status, sex or sexual orientation. The applicable statutes of the Cranston-Gonzales National Affordable Housing Act of 1990, and the Housing and Community Development Act of 1974, as amended, and the rules and regulations of the Home Investment Partnerships Act (HOME) Program. 13. Entire Agreement This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and no waiver, alteration or modification shall be valid unless made in writing. IN WITNESS WHEREOF, the parties have executed this Agreement the day, month and year above written. CONS TANT r ~tricia Shields L-Consultant CIT OF LYNWOOD Ralp W. Davis, III City Manager ~~ LYNWOOD CITY COUNCIL SPECIAL MEETING SEPTEMBER 24, 2001 The City Council of the City of Lynwood met in a Special Meeting at 11330 Bullis Road on the above date at 9:20 a.m. Mayor Richards presiding. Councilmen Byrd, Rea, Reyes, Sanchez, and Richards answered the joint roll call for all agencies. - Also present were City Manager Davis, City Attorney Thever, Assistant City Attorney Calsada, City Clerk Hooper, .and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Michael Montgomery, Mr. Franco's Attorney stated, that he and Mr. Franco would like to meet with the City's Attorney regarding concerns with Item #4 the Farallon Restaurant. Fernando Pedroza stated he would like to schedule a meeting with the City Council Members to discuss some lies that are being said about him. Kent Swift spoke in favor of the Farallon Restaurant, believes the Restaurant has not cause any problems for the City. Margaret Araujo stated the Farallon Restaurant has helped the City and the Community with raising funds. Believes it would be an error to close the Farallon Restaurant down. Ramon Rodriguez spoke in favor of the Farallon Restaurant, stated that before • we judge anyone we should clean our own back yard. Jim Morton spoke in favor of the Farallon Restaurant, stated the Restaurant has done a lot to help our City and also the children of our Community. Edwin Jacinto spoke in favor of the Farallon Restaurant, stated the City Council would be making a mistake if they close down the restaurant. Maria Garcia, reporter of the Southgate City Newspaper stated she would like to know the reason why Council is planning to close the Farallon Restaurant down. Sal AlaTorre spoke in favor of the Farallon Restaurant, believes City Council put a lot of red tape on the businesses here in Lynwood. CLOSED SESSION Subsequent Need Item• Public Safety It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez to hear the Subsequent Need Item: Public Safety. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSTAIN: NONE It was moved by Councilman Byrd, seconded by Councilman Reyes and carried to Closed Session at 9:40 a.m. Council reconvened at 10:20 a.m. City Attorney Thever stated CounciF met on the aforementioned matters and stated: • Subsequent Need Item: Public Safety - No reportable action Item #4: STATUS OF EL FARALLON RESTAURANT AND DANCE HALL 3551 MARTIN LUTHER KING JR. BOULEVARD City Manager Davis stated the subject business is located at 3551 Martin Luther King Jr. Boulevard in the CB-1 (Controlled Business) zone. The subject property is part of Lynwood Plaza, the triangular shaped parcels bounded by Martin Luther King Jr. Boulevard to the west; San Luis Avenue to the east; Abbott Road to the north; and Norton Avenue to the south. The property totals 551,890 squares feet or 12.67 acres in area. The subject business is located within a multiple tenants structure and totals 14,778 square feet in area. The business contains expansions contrary to the Lynwood Municipal Code and has a long history of penal issues and police incident reports. Attach to your agenda is a brief summary of events based on available records and recent inspections. Senior Planner Grant Taylor presented Council with a Status Report of the Farallon Restaurant. Councilman Reyes questioned why was there no Planning Commission Report attached to this Item, stated he would like to know what the Planning Commission has to say in regards to closing the Farallon Restaurant. Mayor Richards stated the Planning Commission reports are attached to the Item. Councilman Reyes questioned when did these Code Enforcement visits start in the Farallon Restaurant, and would like to know who authorized them. Senior Planner Grant Taylor stated he was instructed by the City Manager to perform the visit's about two (2) to three (3) weeks ago. Councilman Reyes stated he believes this was a back room decision, and believes the City Attorney has been giving Legal Consulting Advice. Mayor Richards stated staff is legally required to visit and check on all businesses in Lynwood. Stated that Council has to allow staff to perform there duties. ' City Attorney Thever stated there is no Brown Act violation, also stated Assistant City Attorney Calsada did give a Council Legal opinion regarding the Farallon Restaurant, but he never worked with the site or with the City Council. Mayor Richards explained Council deliberations regarding, where there was interest in the City or Redevelopment Agency developing the entire site (not just the restaurant) there was a contentious and a general agreement that was something we should pursue the impact of a zone change with special permits would have on the City and Redevelopment Agency a desire to move forward in that regard. If we would make this spot change at this time, that could have a signifrcant economic impact, almost significantly impairing our ability to develop the entire plaza site because to permit zone change without knowing what developers would be interested in developing entire site could have serious economic consequences for the City as well as the School District. Also discuss with the School District in their facility master plan that this was a potential site to develop a school. The School District has failed to respond. We have had zero response for a solution for the site and restaurant. Mayor Richards moved to allow our City Manager and City Attorney to extend the opportunity for seven (7) days to meet with representatives of the School Board to determine the seriousness of which they approach terminal strategy back in May, seconded by Councilman Byrd. Councilman Reyes moved a substitute motion to approve Option #5: Determine the business is nonconforming and do not initiate enforcement actions, seconded by Councilman Rea. ROLL CALL ON SUBSTITUTE MOTION: AYES: COUNCILMEN REA, REYES NOES: COUNCILMEN BYRD, RICHARDS ABSTAIN: COUNCILMAN SANCHEZ Councilman Rea stated that the Farallon Restaurant is a Legitimate Business and pay's City's taxes. Mayor Richards stated the Unified School District is pursuing the Farallon site, and the City would like to come to some kind of understanding. Believes that staff has to do their job. Councilman Byrd stated he does not agree with the C.U.P. and the Zoning permits for the Farallon Restaurant. Planning Commission is an Advisory Board. Zoning permits run with the land. Five (5) million dollar gap indicated on past proposals for Plaza site. ROLL CALL ORIGINAL MOTION: AYES: COUNCILMEN BYRD, RICHARDS NOES: COUNCILMEN REA, REYES ABSTAIN: COUNCILMAN SANCHEZ City Clerk Hooper announced that the motions did not passed. f Mayor Pro Tem Sanchez stated he would like to abstain, the reason why he would like to do that, is because looking at all different options, the sixth option, none of them seem to be clear at all in front of us is something that not only affects Lynwood but probably affects the whole County of Los Angeles and maybe beyond. Stated Councilman Reyes is very involved in this as well, he said why is it, that I did not say anything. When I do say something, I speak on behalf of the people that knew the project. The Sheriff's Department reporting the different incidents that happen in that location, if these reports are not true, it is Mr. Sanchez that is lying. I see that people have been killed, people have been arrested because they have cocaine in their possession, with intention to sell, see that they have been arrested because of possession of marijuana. If I see that there is weapons going in and out of that location, and if I see there has been people having been raped because of that particular business, if I see that gunshots you hear at all times at that location, if I go around the area and I find bullets at people's door around that location, if I see people being scared and if I see people have been called around the area offering one hundred (100) dollars to come here to speak on behalf of E( Farallon, if I heard the community being scared and every time such as this takes place, because they think something is going to happen around the area, if I hear all that, but I do not see any recommendation from here that tells me -what we take a different action, that bothers me. After further discussion Mayor Richards requested reconsideration be given to original motion. It was moved by Mayor Richards, seconded by Councilman Byrd to reconsider the original motion. ROLL CALL: AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: COUNCILMEN REA, REYES ABSTAIN: NONE Councilman Rea left at 11:30 a.m. Item #5: INCREASE CONTRACT CHANGE ORDER APPROVAL LIMITS Director of Environmental Services Joe Wang explained to the changes that were made on the Bullis Road Improvement Project, where the City's changes and stated they would need more funds for the project. It was moved by Councilman Reyes, seconded by Councilman Byrd to approve the Resolution: RESOLUTION NO. 2001.102 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN INCREASE IN THE CITY MANAGERS CONTRACT CHANGE ORDER APPROVAL LIMIT TO $110,000 FOR ANY ADDITIONAL WORK ON THE BULLIS ROAD IMPROVEMENT PROJECT, PROJECT NUMBER 5-5138, FISCAL YEAR, 2000-2001" ROLL CALL: AYES: COUNCILMEN BYRD, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: COUNCILMAN REA Item #6: CONSULTING CONCEPT REVIEW It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez to authorize a proposal from Patricia Shields to provide consulting services to the City to assist in the development of Childcare Centers. 1 ROLL CALL: AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS NOES: COUNCILMAN REYES ABSENT: COUNCILMAN REA ADJOURNMENT Having no further discussion, it was moved by Councilman Reyes, seconded by Councilman Byrd and carried to adjourn the meeting at 12:30 p.m. Pau ichards, II, Mayor t~LtcL~-E-~~t. Andrea L. Hooper, City Clerk Date: DECEMBER 13, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis, III, City Manager Subject: REVIEW OF AGREEMENT BETWEEN THE CITY OF LYNWOOD (THE "CITY") AND ALLIED GOVERNMENTAL SERVICES "AGS") Purpose: The City is in the process of reviewing many of the City agreements. Thus, at the request of the Mayor and new interim City Attorney, Mike Montgomery attached is the contract between the City and AGS for City Council review and discussion. Background: On June 13, 2001 the City entered into a contract agreement with AGS for the purpose of designating AGS as the exclusive representative for the City in connection with negotiations for new and prospective outdoor display advertising for a term of thirty-six (36) months commencing on the execution date. Under the contract AGS was to receive compensation in the form of commission in an amount equal to 20% of all revenue, fees, and payments collected from or negotiated with prospective outdoor display advertisers. Recommendation: Staff respectfully requests that after consideration the City Council review the attached Contract Services Agreement and direct accordingly relative to expansion of duties, continuation, reduction of scope or termination. -o Jun-28-2001 ~05:2Tpm From-CITY OF ""FOOD +310T644906~ T-666 N.UUZiuua r-ii5 CONTRACT SEItviCES AGREEIdlENT FOR EXCi.UST~)E REPRESENTA7CION THIS AGREEMENT is mane and entered into this 13th day of June, 2001 by and between the City of Lynwood (hereinafter referred to as "City's and Allied Governmental Services (hereinafter referred to as "AGS"): WITNESSETIq WHEREAS, City has experienced a proliferation of various types of outdoor Billboard displays advertising over recent years; and, WHEREAS, City recognizes that much of the outdoor display advertising has been unlawfully placed vuithout proper city licensing and permits; and, WHEREAS, on April 9, 2001 AGS proposed a strategy whereby it would represent the City in negotiating the terms and conditions for all outdoor display advertisements within the City and would be responsible for the collection of cuaent and/or delinquent Iicensing fees and display renewals associated therewith; and, WHEREAS the Lynwood City Council has authorized the City Manager to negotiate and execute an exclusive representation agreement with AGS in accordance with the proposal presented on April 9, 2001; NOW THEREPORE, for and in consideration of the premises and of the mutual promises and conditions hezein contained, the parties do hereby agree as follows: 1. TXCLY.1'SIVE ~pRESEN'PATION: a. AGS shall be designated as the exclusive representative for the City in connection with negotiations for new and prospective outdoor display advertising for a term of thirty-six (36) months commencing on the execution date of this agreement. in accordance herewith, all proposals received and inquiries made in connection with outdoor display advertising shall be directed to AGS immediately, City agrees to cooperate fully with AGS by assigning appropriate City staff members and representatives to work with AGS and shall promptly respond to requests for verbal and written information, including planning documents, b. .4GS shall be granted authority to initiate and prosecute actions on behalf of the City in furtherance of AGS' duties pertaining to the collection of funds or removal of display sites. Jun-28-2001 05:27pm From-CITY OF , ^ JOD +3107644908^ T-B66 P.003/004 F-115 .. c. It is expressly understood by the parties that the scope of AGS' representation will not be deemed to include outdoor display advertising associated with the bus shelter project currently being considered by the City, unless authorised to do so by City. 2. COMPENSATION: a. AGS will be entitled to receive a commission of 20% of zll revenue, fees, payments, and benefits collected from or negotiated with prospective outdoor display advertisers or otherwise recovered in connection with its activities under this agreement. b. AlI payments :Wade by outdoor display advertisers in conjunction with this agreement shall be made payable to AGS or its designee. AGS shall be entitled to deduct its 24% commission fee from all such payments received. 3. EXPENSES; AGS shall be entitled to reimbursement for all actual and necessary expenses from benefits and fees negotiated, recovered, or approved by the City. It is expressly understood by the parties that expenses shall be deemed to irulude any and alI attorneys' fees incurred by ACTS as a result of its activities which fall within the scope of this agrcement. 4. ACC®UN'I'iNG: a. AGS shall provide C;iry with monthly statements denoting all activity which AGS has engaged in pursuant to this agreement. Said statements shall include a breakdown of all revenue, fees, payments and benefits negotiated with and collected from a1i prospective or current outdoor display advertisers and recovered in connection with outdoor display advertising. b. City shall be entitled to audit all books and records of AGS pezZaining to this agreement on a quarterly basis, commencing on the ninetieth (90th) day after the execution date of this agreement. City shall be required to notify AGS of its intent to exercise its right to audit at least ten (10) days prior to the requested audit date. City's right to audit AGS's records must be exercised within fourteen (I4) days after the expiration of any quarterly pcri,od, unless good cause is shown. S. DISPUTE RESOLUTION; In the event of any dispute arising under or relating to the terms and conditions of this agreement, or the breach thereof, the parties agree to submit all such matters to binding arbitration before the Arbitration Dispute Resolution Center and shall agree to abide by all :ales pert2ining thereto. Judgment upon award may be entered in any court having eontrolang jti.risdiction. The prevailing party shall be entitled to reasonable fees and costs. r !~. . _ e JUN 14 20$: 15%32 f ~E MCIJEILL wYATT 2~ 6. NON-WAjV$~; None of the tams Arid conditYOns of this except by express a$rtxmcnt in writing signed by the p there are no representations, promi9es, warrantie~a, cove contained in this agraeruait. The failure of either party this a8resmtat shall not bo deems ~ be a wntinuing 7. NOTICES: T~ :561.>re56121 • P. -35.'05 ~grcement may be waived or modified ties. The parties further state that pits or tusderlaScings other than those o cnforoe any of their rights under over or modiftcatioa th~of. All notices grid statements to be given, ~ all s bo given or made at the r p yments made hareuader, shall esPcrtive addresses of the parti as set forth below unless notification of a change of address is given ~ writing, deemed to be the date the notice or statement is given the deco of mailing shall be 8, GOVI~RNING LAW; This agreement eh~l be canstruod in ace with the laws of the Stan of Calit'otaia. IN WITNESS VvH~?OF, the parties have cxecu~,cd this ag~t~eement as of the dates specified below: CITY Oh LYNWOOD Ralph Davis Date ~tY Manager 11334 Bullia Rd. Lynwood. California 902Q2 ALL GOVF,,itNlVlltilV'I',~, SERVICES Paula Hands, presi~,t Date; GO Ivie, McNeill & Wyatt 201 N Figueroa Strcet. Suite 1150 Los Angeles, CA 90012 ** TOTNL PAGE.85 *~ Jun-28-2001 05:28am Frcm-CITY OF I~)OD +310T644908~ T-866 P,004/004 F-115 _ +` 6. NON-W~IVIER: None of the terms and conditions of this agreement may be waived or modified except by express agreement in writing signed by the parties. The parties further state that there are no representations, promises, warranties, covenants or undertakings other than those contained in this agreement. The failure of either parry to enforce any of their rights under this agreement shall not be deemed to be a continuing waiver or modifcation thereof. 7. NOTICES: A11 notices and statements to be given, and all payments made hereunder, shall be given or lade at the respective addresses of the parties as set forth below artless notification of a change of address is giver. in writing, and the date of mailing shall be deemed to be the date the notice or statement is given. 8. GOVERNING LA`bV: This agreement shaII be construed in accordance with the laws of the State of California. IN WITNESS WFiEREpF, the parties have executed this agreement as of the dates specified below: cITY ofi L~NVVOOD ~~ Ralp s City Manager 11330 Bullis Rd. Lynwood, California 90262 ALLIED GOVERNMENTAL 6ERVICES Paula Iiarr.'s, president C/O Ivie, McNeill & Wyatt 201 N. Figueroa Street. Suite 1150 Los Angeles, CA 90012 Date; (o ~- p Date: DATE: December 13, 2001 TO: Honorable Mayor and Members of the City Council ~ ~ f FROM: Ralph W. Davis III, City Manager ,ter ; ~~ f .~ ~ ,/ `, BY: Joseph Wang, Public Works Director/City Engineer Grant Taylor, Deputy Director/Economic Development SUB7ECT: Action Item Regarding Suspension/Revocation of Special Permit Nos. 008442 and 008444, EI Farallon Dance Hall and Live Entertainment, 3551 Martin Luther King )r. Boulevard. PURPOSE Pursuant to Lynwood Municipal Code Chapter 4-9, City Council action regarding the City Manager's decision to suspend/revoke special permits 008442 and 008444 for the EI Farallon Dance Hall and Live Entertainment, located at 3551 Martin Luther King Jr. Boulevard in the CB-1 (Controlled Business) zone. (A public hearing was continued from the November 20, 2001 Regular City Council Meeting) PROPERTY PROFILE The EI Farallon restaurant/dance hall is located within Lynwood Plaza, the triangular shaped parcels bounded by Martin Luther King Jr. Boulevard to the west; San Luis Avenue to the east; Abbott Road to the north; and Norton Avenue to the south. The properly totals 551,890 square feet or 12.67 acres in area and is comprised of nine (9) parcels. The EI Farallon business is located within a multiple tenant structure and totals approximately 14,778 square feet in area. BACKGROUND September 4, 1991 Business owner Hermelio Franco opens an existing restaurant and dance hall that totals approximately 6,300 square feet. The business license was a business owner transfer and the alcohol license was aperson-to-person transfer. At that time, the business was located at the rear of the structure and was approximately one-third of its present size. Access to the business was from the rear of the multiple-tenant building only. July 13, 1992 The business owner applied for a building permit that was issued by staff at the counter to expand into other tenant spaces to the south at the rear of the building. Access to the business was from the rear of the building only. February 6, 1995 The business owner applied for a building permit that was issued by staff at the counter to expand west to the front of the building and provide access off Martin Luther King Jr. Boulevard. December 14, 1999 The business owner submitted an application for a conditional use permit to expand the existing restaurant and dance hall 2,890 square feet. Later, staff determined the business was nonconforming and could not expand, the application was reje~ted,..acld„~.ie~ilin fee refunded. --.- H:\WORDFILE\PLANNING\STAFFRPT\memo.elfaralloacouncildiscussion.doc 1 March 13, 2001 The Lynwood Planning Commission approved Zone Change No. 2000-03, changing the zone from CB-1 (Controlled Business) to C-3 (Heavy Commercial); and approved Conditional Use Permit No. 2000-31 to allow an expansion of 2,890 square feet that would provide EI Farallon a total area of 17,818 square feet. The zone change and conditional use permit would have legalized the dance hall, live entertainment, alcohol sales, and previous expansions, removed nonconforming status, and set forth-strict conditions of approval. May 15, 2001 The City Council denied Zone Change No. 2000-03; therefore Conditional Use Permit No. 2000-31 became moot. September 19, 2001 City of Lynwood and Los Angeles County staff performed an inspection of the premises and violations observed pertain primarily to zoning entitlements. Specifically, a nonconforming business expanded contrary to code restrictions, no conditional use permits are on record for a dance or alcoholic beverages, and no City Council approval is on record for special permits for the dance hall and live entertainment. October 10, 2001 City staff hand-delivered a notice of public hearing to Hermetic Franco. The notice identified a public hearing to be held before the City Manager to consider suspension/revocation of the business licenses and/or special permits. October 15, 2001 The Lynwood City Manager conducts the public hearing to consider suspension/revocation of business licenses and/or special permits, reviews a staff report, accepts public oral and written testimony, and allows Mr. Franco's Attorney to question staff. October 18, 2001 Staff hand-delivered a notice from the City Manager to Mr. Franco. The notice states that pursuant to Lynwood Municipal Code Sections 4-9.1 (a) and (b), special permits 008442 and 008444 for the live entertainment and dance hall have been suspended, effectively immediately, until a public hearing heard before the City Council on November 20, 2001. The notice also states that business licenses for the restaurant and game machines shall remain in effect. The applicant presently continues to operate a restaurant and dance hall and serve alcohol without a conditional use permit; and continues to operate a dance hall and provide live entertainment without City Council approval of special permits for such uses, and despite suspension of such special permits by the City Manager. DISCUSSION AND ANALYSIS The multi-agency inspection conducted on September 19, 2001 identified no fire department or health department violations and only minor violations of the Uniform Building Code. The primary issues pertain to zoning entitlements, municipal code violations and penal code issues. The business is in violation of several sections of the Lynwood Municipal Code. Following is a summary of code issues and findings that were considered by the City Manager at the public hearing on October 15, 2001. 1) Lynwood Municipal Code Section 4-8.8(d)(1) requires special permits for a dance hall and live entertainment to be approved by the Lynwood City Council. City records do not indicate resolutions, minute orders or any record of City Council approval of such permits. H:\WORDFILEU'LANNING\STAFFRPTUnemo.elfanllon.councildiscussion.doc 2 2) Lynwood Municipal Code Section 25-7.3(c) prohibits dance halls in the CB-1 (Controlled Business) zone. Lynwood Municipal Code Section 25-10.1(f)(a) allows dance halls in the C-3 (Heavy Commercial) zone subject to a Conditional Use Permit. City records do not indicate final approval of a conditional Use Permit for such dance hall land use. 3) Lynwood Municipal Code Section 25-16.20(c) requires approval of a Conditional Use Permit for places wherein alcoholic beverages are sold or served. EI Farallon has a #47 State license to serve alcoholic beverages in connection with a bona fide restaurant. City records do not indicate approval of a Conditional Use Permit for on-site sales of alcohol. 4) Lynwood Municipal Code Section 4-7.9(a)(2)(a) sets forth business license fees for establishments serving alcohol based on the number of employees over thirty (30). The most recent EI Farallon business license renewal identifies fifteen (15) employees. At a recent hearing, Mr. Franco's Attorney stated sixty (60) persons are employed at EI Farallon. 5) Lynwood Municipal Code Chapter 25-15 sets forth standards and regulations for nonconforming structures and land uses. A nonconforming land use or structure is not permitted to expand unless such land use or structure becomes conforming. EI Farallon has expanded on at least two (2) occasions contrary to code requirements. 6) Lynwood Municipal Code Section 3-13(0) defines a public nuisance as any land use or structure in violation of the Lynwood Municipal Code. The business is currently in violation of the above-identified codes. SUMMARY The City Council, pursuant to Lynwood Municipal Code Section 4-9.4, shall make a final decision whether to revoke, suspend or approve special permits 008442 and 008444, dance hall and live entertainment. Two (2) business expansions in 1992 and 1995 were authorized by City staff over the counter without a properly issued Conditional Use Permit. Special permits were approved by City staff over the counter without City Council approval. Business licenses and special permits have been issued annually by the City for the past ten (10) years. The Lynwood Unified School District maintains that Lynwood Plaza is a priority site for a proposed middle school. However, State funding, construction and business relocation are uncertain at this time. If the City Council desires to approve the special permits, a decision should be made whether the business is to remain nonconforming or become a legal permitted or conditionally permitted land use. H:\WORDFILE\PLANN[NG\STAFFRPT\memo.elfarallon.councildiscuss~on.doc 3 RECOMMENDATION Staff respectfully recommends that the City Council discuss the item, accept any public oral and/or written testimony, chose one (1) of the options identified below, and direct staff. _ 1) Determine that the special permits were issued in error and/or improperly obtained in violation of the Lynwood Municipal Code, revoke special permits 008442 and 00844 for dance hall and live entertainment at a public hearing. 2) Grant permanent approval of special permits 008442 and 008444 and determine that EI Farallon has nonconforming status to continue operation of a dance hall and live entertainment. 3) Grant temporary approval of special permits 008442 and 008444 and require EI Farallon to submit another Conditional Use Permit and Zone Change applications in order to legalize the existing business activities and remove nonconforming uses. 4) Grant temporary approval of special permits 008442 and 008444 and direct staff to draft a Zoning Ordinance Amendment to permit dance halls, nightclubs, etc. as permitted in the CB-1 zone as either a permitted use, site plan review, or conditional use permit. 5) Continue the item to a future meeting of the Lynwood City Council. Attachments: Location Map Site Plan Floor Plan Business Licenses Building Permits Public Hearing Notice dated October 10, 2001 Notice of Suspension dated October 18, 2001 Memo from staff to City Clerk dated October 18, 2001 Correspondence from State Alcoholic Beverage Control dated October 17, 2001 Planning Commission Minutes H:\WORDFILE\PLANNING\.STAFFRPTUnemo.elfanllon.councildiscussion.doc 4 LOCATION MAP S3•I ~fj , v M ~' a a ~ ~ e 4 n wy h ~ ~ ,,. so a ~` N ~ ~ s ANOT7 e C ~ t ~ .. ~ $ i .tk° • ~ . IIOAp 35pD I~. o ~` * ~ o ABBOTT ~e ~ ~ I f 'J 353q ~ { '.by .' ~/ ~ • y use a r•t.ty ° .. rr vs ass,fc ~ ~ n a7ou= ~: so Jp7 ~~ t6 :~~ ~ ~ w 1 / 0/ ^ ~Jr~e Ja zz '~ 1~1 n ~ 2 ~' r53J 2/J/ , 2' t' o'!s p ~ ~ SS"Y • 15 ~ ~ ~ ! J p O ~ :0 27Y/ y /075 q.a "~ 1 `° c~iJ. 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ALL LAMPS WATTAGE WILL BE INCREASE TO P~~ PROVIDE MAXIMUM BRIGHTNESS. e~~ ~~ 0 _.. ,~ ~0 P~' ~~ ; ~P4 0~~ ~~~0 ~~ ~ ~~, ~~~° o ~ ~ OQQP ~~'~ ~9~0~ 0 S Q~OF~~~~ \~~,F~O l~G w~,,~~fi W~ ~AUt1~ ~,~ ~ ~~P ~s S ,~~G ~~~~ ~ ~ ~ \\1~~~~c a , . . MARTINLUTHER KING JR. BLVD. Draftech Desian Co i PLANNING & DESIGN 6050 E. FLORENCE AVE., SUITE X206 ~ (South Building) DOWNEY, CA 90240 I (562) 926-5016 PLOT PLAN N E S LIGIITIN~ PLAN EL FARALLON NIGHT CLUB AND RESTAURANT 3551 Marlin Luther King Jr, Blvd. Lynwood, Ca 90262 ~~o R~i~ ~~ ~~~ ~ ?~; `x b W ~ Z ~ Q ~ H h z~ d~ x ~~ ~~ N~ ~~ ~~ z" o~ a~ a~~ M W fL.~ L~A ~ ,,~~ ,. ~.~Ye~. ~~ N i1~i1 RG 'I !'rYll ul! 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QS Qe 67 Qe ~ a sOG~n ~ ,~}~'3 3s45 3s133s~)!3sr~ 3S8 3set bs ~ ~ ~ ~ ~ ~ 2 r s Sf rr v 4 >a>r srn red tr Jes o ~ r h ° ~ h ~ ~~ ~ 'vll~ii AKNUf ~ r c 9° s° sa Se w .w A'1a41~' /V ro so ro o i . F 1 ra b7 ~~ ~ ~a~l~~ o~ cblas~ ~Is ~~~oo n asr , 1., ~~ .Ic I - In ..r, `F // CascNo. ZONE CHANGE 2000-03 & CONDITIONAL USE PERMIT 2000-31 Site Address: 3551 MARTIN LUTHER KING JR. BOULEVARD Applicant Name: HERMELIO FRANCO ~ _- [ J 300' or [ ] 500' Radius Map Business LicensE CITY OF LYNWOC~.^ i Certificate of Fire Clearance The person, lino or corporation named below, whose residence or place of business is boated as shown, having ]his day paid all required tees, is hereby granted license to engage in the business, profession, occupation, Dade, or exhibition named, in the City of Lynwood, }or the period indicated. Issuance of license is no! an endorsement, nor cerlifrcation of compliance with applicable ordinances or laws. BUSINESS NAME: EI Farallon Restaurant BUSINESS LOCATION: 3551 Martin Luther King Jr BI Ly,:wood CA 90262 BUSINCSS OWNER: Herrnilio Franco ELFARALLON RESTAURANT 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 DESCRIPTION: Restaurant Effective Date: 01/01/2001 LICENSE NO: vox443 No. of Employees: License Fee: 300.00 Fire Clearance Fee: 240.00 Expiration Date: 01/01/2002 Penalty Fee: Date of Original License: 09/04/199] 70TAL AMOUNT PAID: .8 540.00 ~~ )1 License Collector POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRanrcrCOA01 c CITY OF LYNWOOD Business License ~ Certificate of Fire Clearance The person, firm or corporaton named below, whose residence or place of business is boated as shown, having this day paid all required fees, is hereby granted license to engage in the business, profession, occupation, bade, or exhibition named, in the Cily of Lynwood, for the period indicated. Issuance of license is oat an endorsement, nor certification of compliance with appligble ordinances or laws. BUSINESS NAME: EI Farallon BuslNESS LOCATION: 3551 Martin Luther King Jr BI Lynwood CA 90262 BUSINESS OWNER: Hermilio Franco EL FARALLON 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 DESCRIPTION: Dance/Entertain Effective Date: Ol/01/2001 Expiration Date: 01/01/2002 Date of Original License: 09/04/1991 LICENSE NO: 008442 No. of Employees: License Fee: 450.00 Fire Clearance Fee: Penalty Fee: TOTAL AMOUNT PAID: $ 450.00 License Collector ~~~ POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRANSFERABLE CITY OF LYNWOOD Business License 8 LICENSE NO: Certificate of Fire Clearance 008444 The person, fine or corporation named below, whose residence or place of business is boated as shown, having this day paid all required fees, is ployees: hereby granted license to engage in the business, profession, occupation, trade, or exhibition named, in the City of Lynwood, for the period NO• of Em indicated. Issuance of license is not an endorsement, nor certification of compliance with aPPUcable ordinances or taws. 0 License Fee: BUSINESS NAME: EI Farallon 750.00 DESCRIPTION: Dance/Entertain BUSINESS LOCATION: 3551 Martin Luther King JrBl Effective Date: -01/01/2001 Fire Clearance Fee: Lynwood CA 90262 Expiration Date: 01/01/2002 Penalty Fee: BUSINESS OWNER: Herrnilio Franco Date of Original License: 09/04/1991 TOTAL AMOUNT PAID: EL FARALLON $ 750.00 3551 MARTIN LUTHER KING JR BL _ ~~~ LYNWOOD CA 90262 p ~. License Collector POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRANSFERABLE CITY OF LYNWOOD Business License 8 Certificate of Fire Clearance The person, Finn or corporation named below, whose residence or place of business ~ boated as shovm, having this day paid all required tees, is Hereby granted license to engage in the business, profession, occupation, Dade, or exhibition named, in the City of Lynwood, for the period ndicated. Issuance of license is not an endorsement, nor certifiptbn of compliance with applicable odinances or laws. 3USINESS NAME: EI Farallon suslNESS LOCATION: 3551 Ma,•rin Luther King Jr BI Lynwood CA 90262 3USINESS OWNER: Adria,ta Franco EL FARALLON 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 LICENSE NO: 002351 No, of Employees: License Fee: DESCRIPTION: Video Garnes 200.0(1 Fire Clearance Fea: Effective Date: 01/01/2001 Expiration Date: 01/01/2002 Penalty Fee: Date of Original Licenser 06/29/1999 TOTAL AMOUNT PAID: $ 200.00 License Collector POST IN A CONSPICUOUS PLACE AT BUSINESS LOCaTrnnr ' '• a ~ ~ ~~t~ o oo~ f Y1~T~ ,~ ;y o ~~ ~4 v4 L'ify ~G(eeting CIIaQQen ~jR08 ges 11330 BULLIS ROAD October 10, 2001 LYNWOOD, CALIFORNIA 90262 (370) 603.0220 Hermelio Franco EI Farallon Restaurant and Dance Hall 3551 Martin Luther King )r. Boulevard Lynwood, CA 90262 RE: NOTICE OF p(JBLIC HEARING SUSAEN~TA~r io ~...,... M_ _ _ '~~l~r NOTICE IS HEREBY GIVEN that the City Manager for the City of L nwo `+ ` G,~ ~ cK~AINMENT hearing to consider Suspension/Revocation of the Business Restaurant and Dance Hall/Live Entertai y °d well be conducting a pubic Boulevard in the CB-1 (Controlled Business Zo ment, located at 3551cMartin Luther Faralflon ne. 1 King ]r. PUBLIC HEARING DATE: Monday, October 15, 2001 TIME: 4:00 p.rri, LOCATION: City of Lynwood City Hall Counci( Chambers 11330 Bullis Road Lynwood, CA 90262 The purpose of the suspension/revocation hearing for the above-iden ' tified business is as follows: 1) Lynwood Municipal Code Section 4-8.8(d)(1) requires s ecial entertainment to be approved by the Lynwood City Councilp. erCiits rer a dance hall and live resolutions, minute orders or any record of City Council a ty cords do not indicate pproval of such special permits. 2) Lynwood Municipal Code Section 4-8.2 requires that special business license as a precedent to obtaining a special permitpeCrnit ~ receive a general revenue business owner has been issued general revenue licenses fo ecords do not indicate the Entertainment. a Dance Hall or Live 3:1W ORDFILE1pI,qA-NING1pUgNOTICIrcvo.elfaratlon.buslic.doc EI Farallon Restaurant/Dance Hall October 10, 2001 Page 2 3) The subject property is located in the CB-1 (Controlled Business) zone and dance ha permitted subject to Lynwood Municipal Code Section 25-7.3(c). In addition, City records d t not indicate final approval of a Conditional Use Permit for such dance hall land use. o 4) Lynwood Municipal Code Section 25-16.20(c) requires approval of a Conditional Use places wherein alcoho( beverages are sold or served. The business has a Permit for serve alcoholic beverages in connection with a bona fide restaurant, however, Ci tere~corSe to not indicate approval of a Conditional Use Permit for on-site sales. ~' ds do 5) Lynwood Municipal Code Section 25-16.20(d) requires that bona frde restaurant minimum of one hundred fifty feet (150 from any other establishment servin s aalcohe a beverages. EI Farallon is within the minimum radius .9 olio Therefore, a Variance must be approved by the Lynwood~Plan 9 goComm ssione~urant. records do not indicate approval of a Variance. d City 6) Lynwood Municipal Code Section 4-7.9.a.2(a) establishes business li establishments serving alcohol are based on the number of employees. CitYcrecords ens• for that current business licenses indicate zero (0) employees. The business owner dicate application states six (6) employees. Previous public testimony was given b then original owner's representatives stating that EI Farallon employs over si y business business owner may have misrepresented the number of his employees Persons, therefore, the ~) When the business license for the dance hall was issued in 1991 Ci existing restaurant/bar may have been nonconformin tY records indicate the then Chapter 25-15. However, City records indicate at leasttwo (2) expansyonsowere unicipal Code performed enlarging the dance hall. The expansions did not comply with zonin re buequently and all nonconforming establishments must comply with current code requirementsgn oerments expand. der to 8) The business owner attempted to bring the business into current code com li Zone Change and Conditional Use Permit applications that were approved b the ply filing Commission earlier this year. The City Council denied tf~e Zone Change, theref anning Conditional Use Permit was never effective, yet the business continues to o erate ~ e' the valid Conditionial Use Permit. P wrthout a ~-,. EI Farallon Restaurant/Dance Hall October 10, 2001 Page 3 9) Restaurants are .permitted in the CB-1 zone pursuant to Inwood Munici 7.b.30. Video games not exceeding three (3) machines are permitted ursu Municipal Code Section 25-8.9a. Dance h pal Code Section 2S_ Commercial) zone subject to a Conditional Use IPerme °nl p ant to Lynwood y permitted in the C-3 (Heavy Section 25-10.f.1. The subject business is in violation of mutt ple sectionsd Municipal Code Municipal Code and such violations must be remedied. of the Lynwood Environmental Assessment: Categorically Exempt. Any person interested in expressing an opinion on this matter is invited to atte and offer testimony in support of, or in the opposition to, the proposed sus ensi nd the public hearing P on/revocation. If you have any questions or concerns, please call me at (310) 603-0220 Ext. 2 00. Sincerely, Ralph W. avis III, City Manager City of Lynwood cc: Lorry Hempe, Assistant City Manager Joseph Wang, Public Works Director/City Engineer Louis Morales, Planning & Redevelopment Manager Alfretta Earnest, Finance Director/Business License Mana er Grant Taylor, Senior Planner g ~R~ORDFTLEIpL,gNNING1pUgNOTICIrrvo.eliarallon.buslic.doc . =- ~C_:> X40 ~' 0, 'V ~' ~.G ~' . O ~° ~~~ •'i,LIFQg„'s' RALPH W. DAVIS, III CITY MANAGER October 18, 2001 c~t~ ~ y~~r~ ®]~ c}~ Ctty ~.~Ide~etag C~aQQenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 CERTIFIED MAIL AND HAND DELIVERY Hermilio Franco El Farallon Restaurant and Dance Hall 3551 Martin Luther King, Jr. Boulevard Lynwood, CA 90262 ! - ~ }' ~i r NOTICE OF NONSUSPENSION OF BUSINESS LICENSE NUMBERS 00844 [RESTAURANT AND VIDEO GAMES] AND 3 AND 002351 NOTICE OF SUSPENSION OF BUSINESS LICENSE NUMBERS 008442 AN [DANCE HALL AND LIVE ENTERTAINMENT) LOCATED AT 3551 MA D 008444 KING JR. BLVD. - EL FARALLON RTIN LUTHER Pursuant to the Public Hearing held on: Time: 4:00 p.m. Location: City Council Chambers City of Lynwood 11330 BulIis Road Lynwood, CA 90262 Monday, October I5, 2001 NOTICE IS HEREBY GIVEN pursuant to Lynwood Municipal Code Section - Manager of the City of Lynwood has suspended business license number 00844 9.1 the City effective IMMEDIATELY. 42 and 008444 On October 10, 2001, due notice of the public hearing noted above was iven to HermiIio Franco by delivering a Notice of Public Hearing (attached hereto tot the owner establishment located at 3551 Martin Luther King Jr., Boulevard, Lynwood, CA 9business posting a copy of the Notice of Public Hearing on the door. .. = 0262 and On the date, time and place noted above, the Cit certified court reporter and with the assistance of qualified Spamshi a public hearing before a attendance were the City Manager, the Assistant Ci ~$uage interpreter. In City Attorney, and designated Ci staff. ~' Manager, the City Attorney, the Assistant tY A request to continue the public hearing by the owner's legal representative was denied. The City Manager heard all evidence taken at the h reviewed all submitted documents and pertinent records and files of the City, testimon ing, owner's representatives and members of the public as well as a presentation by Cit st ff f the Y After due consideration of all the evidence, tes`amony and argument of attorne s the ' Manager finds, pursuant to Lynwood Municipal Code Section 4-9.I a y ' City which a denial of special permit numbers 008442, and 008444 would be authorized ist upon and pursuant to Lynwood Municipal Code Section 4-9.1 (b) that the licensee has violated or is violat' applicable provisions of the Lynwood Municipal Code and ordinances as follows: ing 1. That special permit numbers 008442, and 008444 were not granted by the Cit Coun ' manner required by law. {Lynwood Municipal Code Sections 4-8.3, 4-8 4, 4-8 5) cil in the 2. That the business for which special permit numbers 008442, and 008444 were comp]ied and apparently will not comply with all applicable local laws relevant the to has not Specifically, the dance hall and live entertainment business activities are not uses autho the applicable zoning classification for the site, CB-1 (Controlled Business L nwoodrized by Municipal Code Sections 25-7.b, 25_7.1 and 25-7.3.c..) )' ( y The City Manager further finds: j 3. That no grounds presently exist to suspend general revenue business license numbe and 002351 [restaurant and video games). rs 008443 HEARING BY CITY COUNCIL LYNWOOD MUNICIPAL CODE SECTION 4-9.4 NOVEMBER 20, 2001 CITY COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 The duration of the SUSPENSION of special permit numbers 008442, and 008444 commence IMMEDIATELY and shall continue in force and effect until the public hearin b City Council, scheduled for November 20, 2001, and the sus ension g y the sixty (60) days from the date of this notice of suspension. F shall not exceed a period of If the City Council shall fail to make and f le its decision within five (5) days after the the City Council, the suspension shall be deemed Iifted. hearing by The decision of the City Council pursuant to Lynwood Municipal Code Section 4-9.4 final. (b) shall be -~ Ralph W. Davis, III, City Manager City of Lynwood Cc: Michael B. Montgomery, Esq. Theodore Naimy, Esq. Hector Gonzalez, Esq. 'hr `s Attachments: Notice of Public Hearing dated October 10, 200 i DATE: October 18, 2001 TO: Andrea Hooper, City Clerk FROM: Ralph W. Davis III, City Manager BY: Grant Taylor, Senior Planner SUB]ECT: Notice of Suspension of S Dance Hall and Live Enterq,n~rnent p ~,~~ E~ Fa 008444, 3551 Martin Luther King ]r. Boulevard, Lynwood, rallon, BACKGROUND On October 10, 2001 a Notice of Public Hearing was delivered to Mr. Hermeiio Franco, owner of EI Farallon Restaurant and Dance Hall. On October 15, 2001 the City Manager conducted a public hearing to consider suspension/revocation of four (4) business licenses pertaining to EI Farallon. On October 18, 2001 a Notice of Suspension of Special Permits 008442 and 008444 was served notifying the business owner that the dance hall and live entertainment special permits have been suspended, effective immediately. In addition, the Notice states that permits 008443 and 002351 may remain in effect. In other words, the restaurant and video games may continue to operate. DISCUSSION Pursuant to Lynwood Municipal Code Section 4-9.3, the City Manager, upon suspending a special permit shall notify the City Clerk and, within five (5) days following the suspension, shall file in the office of the City Clerk a detailed written report setting forth all of the facts leading to the suspension and the reasons therefore. Attached is the notice of suspension, the notice of public hearing that identifies nine (9) findings, the staff report from the October 15, 2001 pubic hearing, and applicable backup materials. Pursuant to Lynwood Municipal Code Section 4-9.4, upon the filing of a report of the suspension of a special permit, the City Clerk shall set the matter for a public hearing by the City Council at the second regular meeting of the City Council following the date of the suspension, and shall give the licensee or certified mail, not less than ten (10) days before e,meet~ng eThe tmeetin rdat~r~ or Tuesday, November 20, 2001. Attached is a notice of public hearing to be mailed to (thee licensee, FAXed to the Wave Newspaper, and mailed to property owners within three hundred feet (300 of the subject property, RECOMMENDATION Set the matter for public hearing before the City Council on November 20, 2001; notify licensee of the public hearing by registered or certified mail; FAX public hearing notice to the Wave Newspaper; and mail notice to ro (300 of the sub~ect ro P ~~' owners within three hundred feet J P perty. Attachments: Notice of suspended special permits 008442 and 008444 dated October ~ R _ ~nn~ 111..17-- _I ., ~ ,. STA?f. OF CAI_lFQRNfA-. BUSIMES.S.'TgA1d4PORTATI^.Nd ANC~hI0U3M1v AC: tiEPAATMENT QF ALQOHQLfC BEYERACdE CQNTROL C!liAY DAV!$, ppy~ t.Akewood / Lot1q 698Ch District flt#ioe 3850 Paramount Btvd., -Suite 2$(l laker'+oocl, Ca 90712 fbf32) 98e-1337 l~AX .[LIMBER: (562) 9$z-l 396 TOTAL, NUMEiER GP PAGES: 7 (including saver Page) F~.X TRANS~VII~S x o: ~y~W~a Ci:~ xall ~r~EN;TOrv: Grant T~,Ylor FROM: Investigator Bill. R. Jahnsvn DATE: Octoi~z~ i 7, 2001 FAX NUMBER: {3 I O} 639-6957 1 TIME: 1045 hours REGARDIlti'G: El Farallon, 3551 Zaiti>~ Luther King Blvd., Lynwood COMMENTS: IF YpU DO NQT RECEIVE TIC NUIviBER OP PAGES IIVDICATED, pl,,,EASE ~t.~pHONE OUR pF'FTCE AT (562) 982-1395, AS SOON AS POSSIBLE, ~~ Lt ~~ M~'~~ J~ No~T~ ,.-, cTA7E C!F CALf~ORN1A )EPARTMENT OF ALCOHOLIC BEVER~,.; Cfl1~7RaL APP LICA-f Yf91~--~ ~ DUIG~M QF LICB~ pRE~gSES •RSWlIE6 AOD 1 ~ ~~ ~ ~ ~ ' -~~Z.~7~f...___.-_ TrA! OF r.ICEM7! '~ h t~ ~~ t~e3+of+ !S! ~ ttcrl oP the r e~tt9 ~~ f!'iG6C'1M HB`'L3 fared b04ftdl;~l,,pa al' ~ i~,GRAA4: ~x ~ J V d ~J~ ~~ r~ ~ ~' ~f~fNG ~OOi'•1 Tn a f_f: ~ h C II ~ f ., r---~~- rG n.~. t?:X t ~- ~Xr~ _~ ~~ ~d-~ ~~ S O ~ so1 ~ _ ~. ~- ~~~ 5~~0~ ~, oy j~~tmtrh. ~, UTSZI rn~t ne ~t~~ ®°' ~a ptarsw o~eesf~ tas inasaate~ an rte Q~rtxnZ. I ~ ~ aeetrSrg .~ ~e-ltte, ~'~ dxlene i~ P~ItY at' per-~ L"tlat ttie ~ ~° oP the D ~ uaat>aL~ ete n ~~G R! •UNATUII! Sprc:ol f»struetions for App/ic+~}s ~ pe5llc'~~ses7~ Liesrises Yovr signature e6ove aeicnewle s that ..__ _r --- _-. ._ ~ „ ~ you ore aware thpt in 0-emisss oaerofod es n i~nhfl.. p.,...,:.__ __ _,, ___ _ ~ .., g.~i a +rg a n,.u~ --~, ~o~ ~ c. ~-~~~N-r of ~..cor3oLao ~~~G~ cozv~r~a OF TFiE STATE oF' ~,~pgN~ ;• ~t IVL3'r,~ or ssns Application of : ' B~AFiNQl1s Nieaaor ~~as d Stri1RZv L~oa~aiano Abas SL FaralLan 3551 a. Geatvr~r 81~d.~ ' Itiysarood gG2G2 Fes ~. Rsa `~ . for the transfe~r,~of an Gh SaL Gsaeral~ ~ ~?~ p u 1 icthe ~co~o~iic ~etiIp~Be ~oatrot Acd. Ph'1'LTIOD~ FdR COMBI'TIQNAL LICII~JSE XHEREAS+ .the above relereuced applicant has filed as apPlicatio+n for the tranafar of the abave~-meationed license; aad+ w~HEREAS+ the privilege coAVe~ed ~+ith the applied for license require` Lliat the ap- ' plicaat operate the preeiaes. in good'fsitA+ as a bona fide public eating plats; and+ s''rfiF.RF.~S-. without the restr3etiaets elated below, iasuaace of the applied for licereae would be caatrar~ to public relfare and corals. y~+ 'EHEREF'OtE+ the undersigned petitioner petitions for a conditional license as follows, to-yie: 1• 'me quarterly gross sales of alcoholic beverages shill not exceed the gross sales of food during the sa4e period. The liceaaee shall at all times mein rain records which reflect eeparatel~ the srosa sale of food and the srosa .sales of alcoholic beverages of the licensed business. ~ kept no leas frequeptly than on a Said records shall able to the Department on aemand+ quarterly basis and shall be made araii- 2. The licensee shall comply with the provisions of Section 23038 of the Businen. and Professions tads aad acknowledges that inciderctial+ sporadic or iafrequQnt sales of meals ar a mere offering of r~eals without actual sales shall not be dserned sufficient tv consider tht prasoises iA compliance with the aforementioned code section. 3- The premises shall be equipped aad azaintaiaed fn gc~3 faith and :hail possess. in operative condition, such conven}ences for Cook=.1g Foods ss stoves, ovens. broi.ters+ or att~er devices as Weil as pore, pans or containers which can be uszd for cooking or heatins foods oa the type heat= device caplored. , ° ~, , E1~i10RSENS1i'!' - PBTITIQ1i FC1R C01~i'I1I't?C~1L LIGSi~tS6 TAE irN„E~I.;Ngr~ ~ER'PY a.=~FE~ ^~~ PG RCt.TN1? BY EAi'IT ~7r THE ATTA~~H«,I~ +~~'ivIiITT_ON~ 1~?a:T' "rFcE'i7•~~.~.r~I.? A?PLIED TQ I,I~~ENEE Iv,~. 47-2i82o4 r ~-,P 'r K E-~I 5 e. ~ C,~ ~~;.1~T'~ _, A'T - 3551 E. Martin Luther Kinq Blvd. Lynwood (IN} 90262 ~=+T~ ' 2/27/41 M,9' P operation of tt~e ps~i.oes Can b+~st• be`:.daa_ aribed~._ . aa: _ avern: Heer~or Hoer do Wine '. ~~~Sotsl _ ~ + ~Fest Food Cafe Coffee Shop _ Private Club Complete Restaurant Boxlls~g ~~' ,_ Ottisr (Describe)s _ Deli or 9~pecislty Restaurant _ Iliscothequs ~ .. Residential -/ Commercial _, 7x~dustrial _ Ryrax ,~ Other (Describe } -Mined Commercial/Resideatial ea is 2ce:ated oa: Ma~aP meat (i.e. B14d., HiRhu~y, street) ... secondary Street (i.e. Ras3deatial) _ Other (Describe}: r~_~~s__ _.. ., -- +l Single Story _ ~O"s~~ Multi-Story: ssructvre s premises is located #•n: _ Free-Standing BuiZd~g S~ao31 S~PP~B Oetster (I.eaa than 10 busiaeaaee) ~'Be Shappiag Center Doi you intend to employ a mana8~'' - des ~No hours of operation: Bar: Patron Capacity: Sun.-Th:sa. 1. ~,_,.._.,+.~; Yes ~ . Fri. ~: Sat. r ~ - ~ No _ ~. (~ 0 Da premises have off-street parrldng /Yes ~No Namber o! Cares - - ~t~tir~~ Zal ,1„ No Food. - l~aise3 Food (Sandwiches, e~naake, etc. _ Juke box or recorded ~[ Reetanrant:S~~ ~..n1 aln.~1 r~...>..1..~1.._ ~ ._ ~.__ C -dY~ Yi .wvais~ vz1O='Qa ~1.A.: sea~0od /_ ICftctsen Fquipmerrt: (i.e.: rt~nae. ~, ate~g etCw~ /~ C~ ~_ ~IA.N . ''.. ~i'~ stn ..~.. F1 ~~ aroa~ast: -- Haura of Meal htusch: ---- - -11- 3 0.. SeFry~ee '~ - a ~ M et what Percentage at yon total aal.es xi31 be slcoholic beverages: ~ y~. ~,re the premises c~uz,eatlY opet'atit~g: V Yes _ Mo ~ - ~ 3 - ~~ _/8aud/Combo/Singer(s), r _ Other (Explain)' - s L[~ ' d ~d101 ~~ !~, ... 1 This pw~t~Q,p tot; ~nditional licwnse is staelw pvssvant to tl~e Seatioss 298p0 tbsoogl~ 2~BOS of t~ ~nsiness and lrotessio:u Cod~andoaili be earria4 lvs+rasa is ash tssesler at the applicant-pzeaie3a. • Pe Litianes {i? agree (s) to retain a capy a! thin p.tition oa tl~w premises at ali tithes at+d will be psepsr.d to -prodtiee it iaesadiately upon the request of atly peace of tier. 'tea petitioner(s) vr-lherstand{s) that arty violatiotf o! the foregoing conditions shall be Qsounds for the suspension os sevoeatiott o! the liceasa. anted thin daY o! ~ ~; ~ _ 19~ . ~j~/. . Jam: w,i ~a ~ t ~~~. ~ c G-~ / i ~. • ~ ~ .. r ~ AioaaO~ Ntuus Bid ~P~atc6~LiLiooet Ap~~~til.i.aeet PERMIT APPLI ^ ~ •~ OF LYNWOOD ,~ . '~ G M rloN DEPT. BUILDING/SAFETY Job Address 3 S~ ~ ~2~1 ~ L ` ? C • Applicant ~ ~ , r -~ VA~L`E.Qq EI HEf~+E -- .a N. a 2 t~ (~•[.> }' tZ,., ~ ~-1 pitr PERMIT N0. c::, Lr 1 ~. ~. ~`~ ~ _ Address .`r ~.,:, '~ 3 ~-3~ ICJ. C'/e,v~.L~c Phoned/3~''ff3-fvlZ.-- :`~ :._,_,", ; ~; ~~,r, BLDG. FIRE _ Owner ~ ~i~ ~ R ! .t S -. "~._ _-~ - . , ~ S ELECT. GRADING ' I. ---~" Address ~~ 25- S r FRS ~r~o _ A (,.~ ,~ r-o>~: •-- ~l~/'~-- PLMBG. •------'-- I hereby affirm that 1 am licensed under ZONING :,, pATG. _ PrdVlsidns Of Chapter 9 ~ ^________ ___ __ z (commencing with Section 7000) of Division 3 of the MECH. - •- .` ° and Professions Code, and my license is in full force and elf Bt slness TYPE ~- a NEW ~ ADD. ~ ALTER `:~~- G $t. Llc. # G 1 L ~ 7 CIaSS 1/~ t ~~ AREAR ~~' NO. ~ EXT. C11y LIC. # STORI "~~ WALLS ~-~ ~ Name ,b ~.,~ 67 n ~ r VALUATION V ` PL. CK FEE ~ Address ~~..~/ .. ~~ PL A PR. IN S.M.I. P. C H c City ~'dG Z G G/Cf~~7_ - - V E~ISS~~Lt IN ~ D OOO PERM. F Signatur ~ EE ~ ~C i / F ~ to "~ ~ Lit ~/~ CE 11!X! W Name mY ~ 1 = Address V 0 ~ l O - n- ~ ~ ` lb ~ f . ,_ r a City Iyus' ~.aJRl1.~l Na.~ / ~ Cat(, ~ Phone ~ ~~~Ll~ / !~ /1~ I hereby affirm that I am exempt from the Gon- `, ~ ~ ~ `~1~C~Cl ~~r~ S ~{/ b tractor's License Law for the following reason (Sec. ITEM NO EA• 7031.5 Business and Professions Code: Any city or FEE ITEM NO EA• FEE county which requires a permit to Construct, alter, r improve, demolish, Or repair an structure, Outlets First 20 .75 Temp. Pole its issuance, also requires the yapplicant for ~ such 7.50 ~ Permit to file a signed statement that he is licensed Fixtures After .45 Service pursuant t0 the provisions of the Contractor's License Range 1D. Law (Chapter 9 (commencing with Section 7000) of 3.OD MOTOR - GEN G Division 3 of the Business and Professions Code) or Oven BANS. C that ne is e::empt therefrom and the basis for the "~ 3.00 1 3.00 ~ z allegeq ex~rnption. Any violation of Section 7031.5 Q Dryer O by any applicant for a permit subject the applicant to V 3.00 5 7.50 fl'1 ~ a civil penalty of not more than five huntlred dollars Dishwasher (/~ a (SSOO).): 3.00 20 15.00 y ~ 1, as owner of the Property„ or my employees ~ Garb. Disp. 3.00 20 Q with wages as their sole compensation, will do the ~ SD 30.00 "' work, antl the structure is not intended or offered V Fan 3. 0 50 100 O The sContsactor's0 Licennse' Law does hoe apply todan LiJ 35.00 J Heater 100 + ~ owner Of property who builds or improves thereon, W ~ 45.00 W and who does such work Himself or through his own MISC. Appl. 3.00 ~ employees, p .1 provitletl that such irn rovements are not Sign 10.00 in [ended or otferetl for sale. Ii, however, the building Or imprOVement t5 SOItl within Ong year Of Cpmple210n, m the owner-builder will have the burden of TOTAL ~ that he did not build Or improve for the proving z sale.). Purpose of PERMIT ~? I, as owner or the 30 00 property, am exclusively ° COntraCting with IICenSed contractors t0 COnStrUCt the project (Sec. 7044, Business and Professions code: TOTAL ELECT. FEE The Contractor's License Law does not apply to an owner of property who builds or improves thereon, ITEM NO EA• and who contracts for such pr0)eCtS with a contract- ITEM NO EA• or(s) licensed pursuant to the Contractor's License $eWef Law.)- 15.00 Wash. Machine I am exempt under Sec. Bath Tub 6.OD Vbater Heater _, B.a P.C- 7.50 for this reason Dishwasher 6.00 Water Pipi 6.00 Date „„hey C7 Floor Orain 6.00 _Z r - 6.00 I hereby affirm that t have a certificate of consent to Laundry Tub 6.00 self-insure or a certificate of Workers' Compensation m n Sprk. 9.00 Insurance, or a certified copy thereof (Sec. 3800, ~ Lavatory Furnace Lab. C). _ $hOWef 9'00 z Policv No ~j Gas Alter 1-4 Outlets 3.00 ° Z~~ Company~/~~O ~ Sink/Disp. ~Certiti opy is Hereby furnished. 5 Or More 75 ~' Toilet/Urinal 6.00 Q ertified copy is filed with the county building $efVlCe 12.00 Q inspection department or county-~ ° TOTAL v dePa me t, p Date AppUCa.n~~D{~,/ PERMIT 30 00 °- TOTAL PLMBG. FEE ~ This section need not be completed if the permit V is for one hundred tlollars (5100) or less valuation.) to I certify that in the performance of the work for ITEM NO EA• FEE ~ which this permit is issued, I shall n ITEM A• FEE w Person in any manner so of emplpy any ]C the Workers' Compensation Law~obCalifornlab)ect to F.A. Fum•10Q000 9.00 Evap. Co01 °C F.A. Furn-100.000+ 6.50 ° Date '~ -~ 11.00 Vent Fa 4.50 Applicant NOTICE TO APPLICANT: If, after making this V Wall or Floor Furn 9.00 st ood Certificate Of Exemption, 6.50 you should become subject APPI. Vent. 9.0 to the workers': Compensation provisions of the z it HardliRg 6,50 Labor Code, you must forthwith comply with such Q Repair/Alter provisions Or this premit shall be deemed revoked. 9, Air Handling 2 Comp 3. H.P. Over 10,OOD Cem I hereby affirm that there is a construction tending V 11.00 ZD- agency tdr the performance of thew rk W Comp 15. H.P, 1 V this permit is issued (Sec. 3097, Civ. C,) o for which MISC. 6.50 ° z ~ Comp 30. H.P. 22.00 W ,Zia Lender's Name Comp 50. H.P. 33.50 J Q Lender's Address Comp 50. .. +. 56.00 I certify that I Have reatl this application and state that TOTAL the above information is correct. I agree to comply with all -city and county ortlinances and sia to laws relating to building construction, and hereby authOriZe PERMIT representatives or this county to enter u on •THE ABOVE LISTED FEES ~ QO above•mentioned property for inspection p the ARE SUBJECT TO CHANGE purposes. BY COUNCIL ACTION TOTAL MECH. FEE (~~ WHEN PROPERLY Bid. 01-30203 SIGNATURE.APPLICANT DA E THIS IS YOUR PERMIT C.E. 01-30310 $ -~ "' s'~vNCIL ACTION TO~ MECH F ~~ ~, . EE ~NATURE•AppLICANT W VALIDATEDLV Bfd DA E THIS IS YOUR PERMIT . Q1-3Q2Q3 p - C.E. Qi-3Q3i0 a -- rPf R1~IT aPPll CI` ION - _ ~-• OF LYNWOOD I I DEPT. BU! ~ LDING/SAFETY L~ _ _ Job Address ~ j ~ ~ t ~ p Applicant ~ ~J~) ~ ~ ~~ PERMIT N0. ~ ~ (~ (~ VALIDATE HERE Address ~ 3 ~ .,Sa Phone ~~ 6~/'y BLDG . FIRE Owner ~~~~~ .~ Address ~~' ~ j ELECT. GRADING T C / 1 hereby affirm that I am li G~ft"'~ • PLMBG. ZONING censed under provisions of Chapter 9 Z (commencing with Section 7000) of Division 3 of the Business - MECH. O anti Profe i TYPE ss ons Code, and my license is in full force and effect. ~ a NEW ^ ADO. ^!~ ALTER ^ DEMO. ^ FLOOR ~ ~ St. LIL. N Z6.7~7 C ~' ~ AREA ''~ ~ NO. 0 IBSS / Clty LI ~ STORI WALLS '~ ~ ~ r \ n ~ Name V ~~t 1 VALUATION V PL. CK. FEE ~ Address ~ ~~ ,- PLAN APPR. INSP. S M 1 P ~ ~3 2~ ~ 'v ~ City . ~ `~ - ~ '(J,GD~J " O ° ° _ ~d L.S~ ERM / J! r~ J Signature . ISSUED PERM. FEE s ~ Name W ~~ m Y C ..r l ©i`/ ~G«/• .CSQ ~~ ~ ~ ~ Address y ~ Gt.~,d a Cit W ~ ~/~ G.~.~,fs ~ ~.~, ~ ' y - Phone l~ I hereby affirm that I am exempt from the Con ' - - Gr~~~~y~h-`++ ~ _-~ tractor s License Law for the following reason (Sec. 7031.5 Business and Professions Cooe A ITEM NO EA* FEE ITEM : ny city or county which requires a permit t0 construct, alter, improve dem li Outlets First 20 NO q* FEE 0 , o sh, or repair any structure, prior to its issuance, also requires the applicant for such permit .75 Fixtures Aft 7.50 Temp. Pole ~ to file a signed statement that he is licensed Pursuant to the provisions of the Contractor's License L er .45 Range ServtCe 10.00 ~ aw (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Prof i 3.00 O e R -GEN. -TRANS. ~ ess ons Code) or that he is e::er;tpt therefrom antl the basis for the Z alleged exemption. Any violati v n ~ 3.00 e CL Dr ~ 3.OD •~ on of Section 7031.5 O by any applicant fora permit subject the applicant to H i i y r 3.00 V 1 5 7 5D T . a c v l penalty of not more than five hundred dollars a (ssoo>.): Dishwasher 3.00 ~ . 5 20 y ~ ~ _I, as owner of the property„ or my employees Q with w ~ Garb. Disp. 3 0 15.00 20 50 ages a5 their SOIe COmpenSaSiOn, Wjll OO the J work, and the structure is n ~- of intended or offe.ed f V Fan 30.DD 50 W or sale (Sec. 7044, Business and Professions Code: C The Contractor's License Law R W Healer ~~ J 100 35.00 OCS not apply to an lY owner of property who builds or improves thereon, W antl wh • W Mist: Appl iDt) + 45.00 o does Such work himself or through his own O . . 3'00 employees, provided that sUCh i~ -+ nprovements are not intended or offered for sale. If however th Sign 10.00 , , e building or improvement is sold within one year of completion, ~ the owner-builde TOTAL r will have the burden of proving 2 that he did not build or improve for the Purpose or t''' sale.). z I PERMIT 30 00 , as owner of the property, am exclusively O contracting with licensed contractors to construct the project (Sec. 7044 Business antl P TOTALIELECT FEE , rofessions Cotle: The Contractor's License Law tlces not apply to an . owner of property who builds or improves thereon, antl who contracts for such ITEM NO EA• ITEM projects with acontract- Or(s) IICenSed pUrSUant t0 the ContraCtOr'S LiCenSe Sealer A. Law.). 15.00 Wash. Machine 6 00 __ I am exempt unde Se Bath Tub . r c. , s.a P. c. f 6.00 Water He r 7 50 or this reason Dishwasher 6 00 . Date--- owner . ~ Floor Drain 6 00 Wa Iping 6.00 I Hereb ffi . Laundry Tub ater Soft. 6.00 y a rm that I nave a certificate of consent to self-ins 6.00 Lawn $ptk. 9 D0 ure or a certificate Workers' Compensation I n Lavator r y . s u ra n ce,~er-~a- J / ~~Sec. 3800 Lab C C 6'0 Furnace 9 00 , . ). = ShOWer . g Policy No. 6 Gas Alter 1-4 Outle ts 3 00 ~__ Company-~ rtified copy is hereby furnished ~ -J Sink/Disp. ~ 6'00 . 5 or More 75 . Q --Certified copy is tiled with the county building ~ Toilet/Urinal 6.00 SerVICe 12.00 Q inspection Department or county ~ TOTAL -_ - tlepartmen t. V c oat pplicant~ PERMIT 30 00 • This section need not be tom ple tetl it the per i ~ TOTAL PLMBG. FEE m t i5 for One hundred dollars if (3100) or less valuation ) v I . cert Q whlcn thlsthai in the performance of the work for permit fs issueD, I shall not emplo W person i ITEM NO EA• FEE ITEM NO • FEE y any n any manner so as to become subject to ]G the Workers' Compensation Laws Of Calif ~ F.A. Furn•100.000 9'00 Evap Cool ornia. ~ Date -' Applicant ~ F.A. Furn-100.DOD+ 'J 11.00 . er 6.50 Vent Fan NOTICE TO APPLICANT: If, after making this Certificate of Exemption Q Wall or Floor Furn V 9'00 4.50 EX st Hood 6 50 , you should become Sublect to the Workers'; Compensation P IS ORS Ot th Labor C _ APAI. Vent. ~ 9.00 . it Handling 6 50 T ' e Otle, you must 10rthwith p rOVISlOnS Or this premlt Shall be dee metlprev Oked SUCK Q Repair/Alter 9.00 . Air Handling 2 Comp 3. H.P. 9.00 I hereby affirm that there is a construction lentlin ~ ~Y agency for the pert Of m Comp 15 H P Over 10,000 Cem 11'00 . . . anCe Of the work for which W V this permit is issued (Sec. 3097, Civ. C.) 0 z ~ Comp 30 H P MISC. 6.50 W . . . 22.00 W r,~ Lender's Name ;JQ Comp 50. H.P. 33.50 lender's Address Comp 5 . + 56.00 I certify that I nave read mu application and state that the above information is correct. I agree to com with l ll ~ TOTAL p y a city and county Ortlina nCes antl state laws relating to building construction, antl hereby authorize represe ves of this O PERMIT county to enter upon the above- a tionetl property for inspection purposes. ~ ARE SUBJ ECT TO CHANGE 8V COUNCIL ~ QO 1 ~1 ACTION TOTAL MECH. FEE ,~-: P~~PI~IT APPLICn LION Job Address ~ .. Applicant ~~••~ ~ /"'~ L Address ~ ~ ~ t It Phone Id Owner Address / I Hereby atnrm that I am licensed under provisions of Chapter 9 g (commencing with Section 7000) of Division 3 of the Business _° antl Professions Code, antl my license is in Lull torte antl effect. Q is Q t.7 "' St. Lic. # ~ ~f-? (0 7Ciass ° ~~OCity Lic. tr o Name ~, C ~ ~ l~ Q Address ~~~ ~ o city i U Signature w Name W I- = Address a City Phone I hereby affirm that I am exempt from the Con- tractor's Licence Law for the following reason (Sec. 7031.5 Business antl Professions Code: Any city or county which requires a permit to construct, alter, improve, tlem olish, Or repair any Structure, prior t0 its issuance, also requires the applicant for such permit to file a signetl statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business antl Professions Cotle) or that he is e::empt therefrom and the basis for the Z alleged exemption. Any violation of Section 7031.5 ° by any applicant fora permit su b)eCt the applicant to ~ a civil penalty of not more than tive hundred dollars ~ I, as owner of the property„ or my employees Q with wages as their sole compensation, will tlo the w 't work, and the structure is not intended or offered W for sale (Sec. 7044, Business and Professions Cotle: ° The Contractor's License taw noes not apply to an ~ owner of property who builds or improves thereon, W antl who tloes such work himself or through his own ° empfoyees, provided that such it -~ npr OVements are no[ intended or offeretl for Sale. If, however, the building m or improvement is SOItl within one year o1 Completion, ~ the owner-builder will have the burtlen of prOVing ~ that he tlitl not build or improve for the purpose of W Z safe.). ~ I, as owner of the property, am exclusively ° contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Cotle: The Cdntrac tdr'$ License Law tlOes not apply t0 an owner Of property who builtls Or imprOVes [hereon, antl who contracts for Such protects with a contract- or(s) licensetl pursuant to the Contr is License Law. ). _ I am exempt under Sec. , B.& P. C. for this reason uate Owner I hereby affirm that I have a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance, or a certified copy thereof (Sec. 3800, 'Lab. C). Z Policy No. Company ~ _ C ietl copy is hereby furnished. ~ Q Certified copy is tiletl with the county ildin r Q inspection department or County --f department. U W .,~~ ° Dat~ h~ppllCan a ~ This section need not be ~ompletetl it the rmit ~ Is for one hundretl dollars (E100) or toss valuation.) v 1 Certify that in the pert ormanCe Of the work for us which this permit is issued, I shah not employ any W per50n in any manner So d5 t0 become SUbjeCt t0 Y the WO~kers' Compensation Laws of California. fr ° Date~_gpplicant NOTICE TO APPLICANT: If, after Makin Certificate of Exemption, 9 this you should become sublet[ to the workers'; Compensation provisions of the Labor Cotle, you must forthwith Comply with Such provisions or this peemit span be deemed revoketl. I hereby affirm that there is a construction lentling ~> agency for the performance of the work for which G.7 this permit is issuetl (Sec. 3097, Civ. C.J. ° Z W yZ C7 Lentler's Name .7Q Lender's Address I certify that I have read this application antl state that the above information is correct. 1 agree to comply with au 'City antl county ordinances antl sidle laws relating t0 building G6~StrUCtiOn, antl hereby aUlh Ori2e Iepresen la byes Of /tp'i5 C0lyflty t0 enter Upon the abOVe-mentiOnetl ~rj°pertvrf!{nr incn.+~•:~ y ~+-~+• .purp OSes. U ,--, FIRE _ ~"J GRADING ~~~ ~: c;=. ~ ~~~ ~r . JF LYNINOOD DEPT. BUILDING/SAFETY VALIDAI'~ HERE PERMIT N0. ~ ~ [~ ~t ~ ;~_. BLDG. ELECT. PLMBG. MECH. NEW G FLOOR AREA 20NING ""'"`~ -----r-----~ [`~i ~:~ TYPE ~ ~ '-''" 3- ~:: ADD. PLAN APPR. ~dZ-/~ PERM. ISSUED IW mY ~~ - IJ y W '~' .' a ~v,~ ITEM Outlets First 20 Fixtures After Range rJ Oven Q Dryer V Dishwasher ~ H Garb. Disp. V Fan W rJ Heater Li.t Misc. Appl. Sign ~ EA• .75 .45 3.00 3.00 3.00 3.00 3.00 3.00 3.00 10.00 TOTAL PERMIT TOTAL ELECT. FEE ITEM Sewer Bath Tub Dishwasher C7 Floor Drain Z Laundry Tub tb Lavatory Shower J Sink/Disp. a Toilet/Urinal J Q t~ Z Q V W EA• 15.00 6.00 6.00 fi.oo 6.00 6.00 6.00 6.00 TOTAL EA• 9.00 11.00 9.00 9.00 9.00 9.00 33.50 56.00 TO TA L~ 'THE ABOVE LISTED FEES ARE SUBJECT TO CHANGE BV COUNCIL ACTION WHEN PROPERLY VALIDATED TMtS IS YOUR PERMIT ITEM F.A. Furn-100.000 F.A. Furn-100.000+• Wall or Floor Furn Appl. Vent. Repair/Alter Comp 3. H.P. Comp 15. H.P. Comp 30. H.P. Comp 5D. H.P. Comp 50. H.P C. L:. ALTER ~ DEMO. a,,; NO. EXT t:r. ~ ~' STORIES . ~"~~ ~ WALLS I["~h .-r ~ •, VALUATION ~ PL. CK FEE .M / //,,11 Q~ S. M.I.P. . C`e~ // v e PERM. FEE _ %~/ te f ~~~--~ r` ~~. FEE ITEM NO EA• FEE ~. Temp. Pole 7.50 ~ OD Service 10 ~ MOTOR-GE TRANS ~ . O 3.00 ~ 1 5 7.50 y 20 15.00 Fn 20 50 30.00 50 100 35.00 1 oa a5.oo ITEM NO EAr Wash. Machine Wfter Heater 7.50 Water Pipin 6.00 Wate nft a nn wn Sprk. 9.00 Furnace 9.00 Gas Alter 1-4 Outl ets 3.00 5 or More -75 Service 12.00 -_,___ PERMIT TOTAL PLMBG. FEE FEE ITEM NO Evap. Cooler EA• .50 Vent Fan Exhaust od 4.50 6.50 Air ardling 6.50 Air Handling Over 10,000 Cem 11.00 Misc. 6.50 TOTAL MECH. FEE Bld. Oi-30203 C.E. 01-30310 30 30 ~ 00 S PERMIT APPLI(.,;~ION Job Address SS ` • Applicant ~ Address ~- ~ Phone3 6y Owner ' Address I hereby affirm that I am licensetl under provisions of Chapter 9 Z (commencing with Section 7000} of Division 3 of the Business O and Professions Code, and my license i5 in full force and effect. H Q Q ~ (~ o St. Lic. # ~~~ Q ~ss~_ City Lic. #_ c Name Q F V ~ Address ( , S F c Clty A ~ . ~ -.. v ~~N Signat !- W Name x Address v Q City Phone I hereby affirm that I am exempt from the Con- tractor's License Law for the following reason (Sec. 7031.5 Business antl Professions Cotle: Any city or county which requires a permit to construct, alter, improve, tlemolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signetl statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business antl Professions Cotle) or that he is e::ertp[ therefrom antl the basis for the Z alleged exemption. Any violation of Section 7031.5 O by any applicant for a permit subject the applicant to ~ a civil penalty Of not more than five huntlretl tlollars Q (3500).): ~ _I. as owner of the property„ or my employees Q with wages as their sole compensation, will do the ~ work, antl the structure is not intended or offered w for sale (Sec. 7044, Business and Professions Cotle: ~ The Contractor's License Law does not a ix owner of property who builtls or improvesp lthere on W and who does such work himsel/ O employees, provitletl that such i, or through his own J Itp rOVe Tents are not intended or offered for sale. If, however, the building Or improvement is sold within One year Of completion, m the owner-builder will have the burden of proving W that he tlid not build or improve for tht• Z sale.). Purp OSe Of ~? I, as owner of the property, am exclusively O contracting with licensed contractors to construct the prolect (Sec. 7044, Business and Professions Cotle: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects with a contract• or(s) licensetl pursuant to the Contractor's License Law.) . I am exempt untler Sec. -----_. B.a P.c. for this reason Date__~_ Owner I hereby affirm that I have a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance, or a certifietl copy thereof (Sec. 3800, LaLab~ Z Icy No.-_. ComPany_ O _ Certified copy is hereby turn ishe f= Q .__Certifietl copy is filed with the county building s Q inspection department or county~_ -~ tlepartm en t. U W p Date____,4pplicant a g This section neetl not be completetl i1 the permit V IS for One hundretl dOlla rS (3100) Or ICSS ValUa lion.) ~ I Certity that in the performanc Q which this permit is i55u ed, I 5 all ~f a work for W Person in any manner SO as t p mploy an ]C the Workers Compensation Laws a subject ~ li nia. ~J PERMIT N0. BLDG. ELECT. PLMBG. MECH. NEW FLOOR - AREA ~.., ' OFLYNWOOD DEPT. BUILDING/SAFETY VALfDAT'~. HERE ;~r~~ ~ J - G,.` , . FIRE '~ ' ' , r ,. • °„ GRAD ~ ' ' - . _ `^ ~`~ i J~r.l '~ ~.~'. - ~ ING -• _ , _ ~-, ~ . ~ -'~,~! Eft ..~,.~..~ ;'c ZONING i' t~ t _ ' TYPE i. ~• :L: - .. _~ t~ ADD. A~+I'ER ~ DEM NO. XT. t:i •.. STOR I WALLS ..~+r. VALUATION PL. CK. FEE ^'i`~" s.M.LP. t5G 3~oov PERM. FEE J ~ Tom' r- Yc ~-~r~ . ~Lc /,` ~"T ~~ Gel /p,i •.s ~~ ~~ X01-.vt C'Q.~'C ts, PLAN APPR. r INSP. ~ ~ ~~ -a/ P M "ISSUED INSP. W ~,,., _m Y I'rt•. ~. t~ O W ITEM Outlets First 20 Fixtures After Range J Oven Q Dryer ~"~ Dishwasher ~ Garb. Disp. V Fan W J Heater W Misc. Appl. Sign EA• FEE rITEM .75 Temp. Pole .45 Service 3.00 M 0 TO 3.00 3.00 ~ 5 3.00 5 ZO 3.D0 20 50 3.0 50 100 .00 1 DD + 3.00 10.00 TOTAL 10 EA• FEE L. 0 7.50 W . 0 ?•~ -TRANS ~ . 3.00 SI 7 50 r7'I . y 15.00 y 30.00 135.001 I ! PERMIT 30 TOTAL ELECT. FEE ITEM NO EA• Sewer 15.00 Bath Tub 6.00 Dishwasher 6.00 C,7 Floor Drain 6 00 Z m Laundry Tub . 6.00 ~ Lavatory 6.00 ~ Shower 6 ~ a Sink/Disp. Toilet/Urinal 6.00 TOTAL ITEM F.A. Furn•100.000 F.A. Furn-100.000+ Wall or Floor Furl Appl. Vent. Repair/Alter Comp 3. H.P. Comp 15. H.P. Comp 30. H.P. Comp 50. H.P. Comp 50. H.P. + EA• 9.00 11.00 s.ao 9.00 9.00 O Date ` ?~ ~ ~ ~ AppliCan J NOTICE T APPL Q ICANT: If, after Makin g this Certificate Of Exemption V , to the Workers'; you Should become subject Compensation pro i i ~. Z v s ons of the Labor Cotle, y0U mL15t forthwith Comply with SUCK prOViSiOns Or this per i Q m t shall be deemed revoked. 1 hereby affirm that there is a construction lending agency for the perf Z a w r j ormance Of the work for which Z this permit is issued (Sec. 3097, Civ. C.). O ~ W yZ C7 Lender's Name ~a Lender's Address I certify that I have read this application and state that the above information i s correct. I agree to comply with all City antl COUnty Ortlina nC eS antl rel State laws ating t0 building construction, antl hereby aUth oriLe representatives of this county to enter upon the above-mPnffnnetl wrOperty for inspection purpOSeS. 9.00 16.50 22.00 56.00 TOTAL •TME ABOVE LISTED FEES ARE SUBJECT TO CHANGE BY COUNCIL ACTION WHEN PROPERLY VALIDATED TNtS IS YOUR PERMIT ITEM NO EA• Wash. Machine _ 0 W'eter Heater 7.50 Water 6.00 wn Sprk. 9.00 L Furnace 9.00 Gas Alter i-4 Outlets 3.00 5 or More 75 Service 12 00 PERMIT 30 00 TOTAL PLMBG. FEE FEE ITEM NO EA• FEE Evap. Cooler 6.50 Vent Fan Exhaust Hood 6.50 Air Har. 6.50 Air Ing r 10,000 Cem 11.00 Misc. c cn PERMIT 30 00 TOTAL MECH. FEE Bld. 01-30203 $ C•E. 01-30310 $ ~PERI~IT APP LICE, SON Job Address ~ S , ~ , ~ ~~ ~ rz t~ _/• Applicant rJ ! cf Address 35S ~~.~ ,&, Phone i Owner ~ f rQ ~ Address ~ SS f /~J' > 1~ ~ l/~' r °r ~ G.. ~l/~ ~! I I hereby affirm that I am licensed untler provisions of Chapter 9 Z (commencing with Section 7000) Of Division 3 of the Business _O antl Processions Code, antl my license is in full force antl effect. H C3~ c St. Lic. # Clazs City Lic( fr O Name •- Q O~ F- dress / ~D ~~ h?O r ' O Icy f:~ Signature Zf~_. W Name s Address a City Phone I hereby affirm that I am exempt from the COn- tractor's License Law for the following reason (Sec. 7031.5 Business and Professions Code: Any city or county which requires a permit to construct, alter, improve, tlem Olish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is e::empt therefrom and the basis for the Z alleged exemption. Any violation of Section 7031.5 O by any applicant for a permit subject the applicant to F.. a civil penalty of not more than five huntlretl dollars 2 _ I, as owner of the ¢ property„ Or my empt Oyees ~ with wages as their sole COmpe nS3tiOn, will d0 the V work, and the structure is not intentletl Or Offeretl W for sale (Sec. 7044, Business and Professions Code: o The Contractor's License taw does not apply to an Q owner of property who builds or improves thereon, W and who does Such work himself or through his own ~ ertlplOyees, ~ provided that sucn improvements are not intended or offered for sale. If, however, the builtling or improvement is sold within one year of completion, the owner-builder wilt have the burtlen of proving W that he did not build or improve ror the purpose or Z sale.). ~ I, as owner of the property, am excessively p contractincj with licensed contractors to Construct the project (Sec. 7044, Business and Professions Code: - The Contractor's License Law tlces not apply t0 an owner of property who builtls or improves thereon, antl who COn trac t5 for such prOJGCtS with a COntfaCt- or(s) licensed pursuant to the Contractor's License Law.). ~~ I am exempt under Sec. ~_~_~~, B.& P.C. for this reason Date~_ Owner 1 hereby affirm that 1 have a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance, or a certified copy thereof (Sec. 3800, Lab. C). I~. 1~ .~+ z Policy No. -+v[ ~~ ComPanYS~~~L.,~~ ~ Certified copy is hereby fur ed. 7 ¢ ~Certifietl copy is filed ith th county builtlino _°c_ - ---- _.._.~....~.___... _._. ~7l ~O ~F LYNWOOD ~l ~ DEPT. BUILDING/SAFETY !/ VALIDATE: HERE PERMIT N0. 1 ~ ~'~ ~ _-- ...: BLDG. FIRE ELECT. GRADING .~~.. '`'~ '""~ '=~ ~• .i. PLMBG. 20NING x -~' `~' `' '"i MECH. TYPE •^• ~Ih~ NEW ~ ADD. ALTE~ DEMO. ~ FLOOR NO' ~ ` ' AREA EXT. STORI ~ WALLS ~~. a:,-~ '-Ci ,~,i -r ., r.., VALUATION PL. CK. FEE '~ it .-, I_. PLAN APPR. INSP . S. M.1. P. ......,.. `~ Y ~~ t:~ O y W O PERM. ISSUED INSP. u 1 ~~~ ~artl? ITEM Outlets First 20 Fixtures After Range ~ Oven Q Dryer V Dishwasher ~ F- Garb.Oisp. V Fan Lu J Heater t1J Misc. Appl. Sign r'~~ffe NO EA' .75 .45 3.00 3.00 3.00 3.00 3.00 3.00 1o.Do TOTAL TOTAL ELECT. FEE ITEM Sewer Bath Tub Dishwasher C7 Floor Drain ~ Laundry Tub m Lavatory Shower ~ Sink/Disp. d Toilet/Urinal WMEN PROPERLY VALIDATED THIS IS YOUR PERMIT EA• 6.40 6.00 6.00 6.00 6. DD 6.00 6.00 6.00 FEE PERMIT 30 ITEM 'NO~ EA• Wash. Machine 6.00 Water Heater 7.50 Water Piping 6.00 Water Soft. 6.00 Lawn Sprk. 9.00 Furnace 9.00 Gas Alter 1-4 Outlets 3.00 5 or More 75 Service 12.00 . Bld. 01-30203 ~ C.E. 01-30310 ~ PERM. FEE ~~_ /~ ' Uf~iH~ lJr,~~ s ~ay~1 was iHs 6f,/ ,~faG1 ~r 7 /~~ 5 r~a~ ~ FEE ~ ITEM NO EAR Temp. Pole 7.50 Service 1D.00 MOTOR -GEN. - TRAN 1 3.00 1 1.50 5 ZO 15.00 50 30.00 50 1D0 35.00 100 + „~ ,,,, G 1. 0 D O T C/~ t~ P-E~I~IIT aP PLIC,~~ ION Job Address ass _ ~Y{.t ~ v ~,~. 1 Applicant ~` ~ ~~. ( /- , ~ , Address ' Rl I ~ Sz ry~ . Phone ~~ ctye~ Owner ~ ~ Address S'~~ r ti.r ~i ,e~ I hereby affirm that I am licensetl untler pro ~• I . JF LYNWOOD DEPT. BUILDING/SAFETY VALIDATE HERE RMIT N0. ~. 6 6 4 BLDG. ELECT PLMBG v~s~ons of Chapter 9 a T-- Z (commencing with Section 7000) of Division 3 Of the Business MECH. 0 antl Pr Of e55iOn5 COtle, antl my license is in lull force antl Of1eC t. a a NEW v OOR ~ o st. Lic. ~_ 3 ?GZk-i REA Class City L' ~ ISi , \1 °'~ ~ ,^ o Name ./ia` ,p ~/ ~ Address PLA APPR o city ~cci 2~ n~ ~v~ -Z 6 l3 V ERM. ISSUE Signature ~ W ~ Name r m~ ~ ~ OC = Address CEO v y W ~ a City Phone C I hereby affirm that t am exempt from the Con- tractor's License Law for the f ll o owing reason (Sec. 7031.5 Business antl Professions Cotle: Any city or ITEM county which requires a permit ~to construct, alter, ImPrOVe, tlemOliSh, Or repair any Structure Outlets First 20 , its issuance, also requires the applicant fors Such permit to file a signed statement that he is licensetl Fixtures After pursuant to the provisions of the Contractor's License Law (Chapter 9 (commencin with Range g Section 7000) of Division 3 of the Business antl Professions C Ove ~ otle) or that he is e::empt therefrom antl the basis for th ll J n e Z a eged excmpiion. Any violation of Section 7031.5 o by any applicant for a permit Q Dryer subject the applicant to ~ a civil penalty of not more than five huntlretl d l V Dishwasher o lars Q (5500).): ~ ~ I, as owner of the property„ or m em I Q wltn wages as their sole c J y y ~ Garb. Disp. . ompensation, will do the work, V and the structure is not intentleo or ff V Fan o eretl w for sale (Sec. 7044, Business ano Professions Cotle: ~ The Contractor's Lice ~~ 1.IJ Heater nse Law does not a ¢ owner of property who builds or improvesPlthereon W antl who d J I.LJ Misc A l oes such work himself or through his wn O . pp . employees, provided that such i.~ -+ nprovements ar not intentleo or offeretl for Sign sale. It, however, the doing Or improvement is Sold within one year of c ~ the owner-builder will h PletiOn, tle of proving w that he did not build or am t b pr ove nr Z sale.). ^ PUrp ose bi ?~ I, as owner of the prop y, am exuusively p contracting with licensetl co ractors to constru t h c t e project (Sec. 7044, Busl ss ano Professions Cotle: The Contractor's Licens w Does not apply to an owner of property w builtls or improves thereon ITEM , antl who Con irdC is r SUCK projects Wlth a COntraCt- ors) licensetl pu ant to the Contractor's License Law. ). $eWer __ I am a pt under Sec. -~.~-, B. & P. C. Bath Tub for this r son Dishwasher Dat Owner ~ FIOOr Draln I herebv affirm that I have ~ Laundry Tub a certircate of consent to self-insure or a certificate of Workers' Compensation ~ In Lavator y surance, or a certified copy tnereoi (Sec. 3 00, Lab. C). Show ' ~ Policy No. 1~~' Company $~ ~ ~+ .rN~ ~] er o ~ ~ _ Certifietl copy is hereby furnished Sink/Disp. . Q -Certified copy is tiled with the county buildin Toilet/Uri g Q inspection tlepdrtment Or Cou ty --I tl epartm U W ~ en t. o ///~~~ p Date ,. Applicant ~"'~ '~ IS ~ Tnis section need n•ot be completed it the permit v is for one hundred doll r a s (5100) or less valuation.) to 1 certify that in the performance Of the wo k f ITEM r or ~ Which this permit i5 issued, 1 Shall not employ an pe y W rson in any manner so as to become subject to 1 the Workers' Compensation L F.A. Furn-100.000 aws of California. °C F.A. Furn-100 000+ Ddte~~~AppliCant J . NOTICE TO APPLICANT: If after m ki V wall or Floor Furn , a ng this Certificate of Exemption, you shoultl become subject to the w ' APPI• Vent. orkers ; Compensation provisions of the ~ Labor Code, you must forthwith comply with s h rQ Pr i Repair/Alter uc ov sions or this peemit shall be tleemed revoked . 2 Comp 3. H.P I hereby affirm that there is a V ~> agency for the nstrucuon lending ~ Performance I LJ . Comp 15. H.P V . the work for which -2 this permit is issued (Sec. 7, Civ. C.). ', ~ . Comp 30 H P ,~, „r~ Lender's Name J Q . . . Comp 50. H.P. Lender's A FIRE GRADING ZONING TYPE ADD ~Q l~ DCC' ~~1 NH~S P--~~ r ALTER ~ DEMO. '"' STOR1 / EXT. „_, _ WALLS ~i~_'r VALUATION - PL. CK FEE 6 ~. sG S.M.I.P. . ~~~ ~~. '~~::: PERM. FEE n/' ~ i~.c.ia ~. ~. ~, ~-~ ~ ~~ EA` FEE .75 .45 3.00 3.00 / / /~C/~ ~s~F'CG'e~ /L.C ~ ~ ~N~' ~ /=L~ ITEM NO EA* FEE f. Temp. Pole ~ Servic 10.00 n MO - N. -TRAN S ~ . O 1 3.00 ~ 5 7 50 y 5 . 20 15.00 , ~ 50 100 35.00 1 DO + 45.00 3.00 1D.DD TOTAL EA• 15.00 6.00 6.00 6.DD' 6.00 6.00 6.OD TOTAL EA• 9.00 11.DD 9.00 9.00 9.00 FEE ITEM NO EA• FEE Evap. Cooler .50 Vent Fan 4.50 Exhaus d 6.50 A rdfing 6.50 it Hand (~I],000 Cem 1 ].00 • Misc. 6.50 ress omp 50. H.P. 56.00 I certify that I nave read tnls application and state that TOTAL' the above inf OrmatiOn is torte[!. I agree to comply with alt city and county ordinances antl state laws relating to building construction, and hereby authorize PERMIT representat s of this. county to enter upon the 'THE ABOVE LISTED FEES 3D above-me toned property for inspection purposes. ARBV COUNCIL ACTIONGE ~"~' ` ~ //~ TOTAL MECH. FEE !3/~ WHEN PROPERLY ATVRE-APPLICANT //( THIS IS YOUR PERMIT TOTAL FEE DATE 5 s2/~ PERMIT TOTAL ELECT. FEE ITEM NO q• Wash. Machine ~ 00 Watbr Hea 7.50 W ng ' 6.00 er So ~ 6.00 L wl-~prk. 9.00 urnace 9.00 Gas Alter 1-4 Outlets 3.00 5 or More 75 Service 12.00 PERMIT 30 TOTAL PLMBG. FEE PERMIT APPLIC„~ION ,m~...v ~ ~,uG Applicant P~ ~ev~( 1 ~~ Address '~ 6S~ S~ ktt~~'~,c ~,,~~- Phone ~ ~~,.~~ Owner ..~ 2ea~> C e7. L°~ Address '3SS ~ 'L• ~t~ I hereby affirm that 1 am licensed untler rovisions of Z (commencing with Section 7000) of Division 3 Chapter 9 ~ and Processions Cooe, and my license is in full~f orce antlte{feBl siness 1= a Ix Q J U o St. Lic. # 3 6 ~ ~~ Class ~ City L c. # 0 7y~ ~ Name ~~ .~ S ~ C /C~G F, •~ Q Address f ~S S ~ ~4w~ l ~~c,ye ~ 'L ~~j U city ~ ~~,~ ~ C ~ r~r.-a ~. ~. Signature ~,,,~ ~ ~ t- ~ Name W F- = Address 2 City Phone I hereby affirm that I am exempt from the Con tractor's License Law for the following reason (Sec 7031.5 Business antl Professions Cooe: Any city of county which requires a permit to construct, alter, improve, tlemolish, or repair any structure, prior tc its issuance, also requires the applicant for such permit [o file a signetl statement that he is licensetl pursuant t0 the provisions of the Contractor's License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Cotle) or that he is e::entpt therefrom ano the basis for the Z allegetl exemption. Any violation of Section 7031.5 O by any applicant fora permit subject the applicant t0 ~ a civil penalty of not more than five hundred sonars ~ i. as owner of the property„ or my employees Q with wages as their sole compensation, will do the v J work, and the structure is not intended or offeretl W for sale (Sec. 7044, Business antl Professions Code: ~ The Contractor's License Law goes not apply to an fr owner of property who builds or improves thereon, W antl who tloes such work himself Ot through his own ~ employees, providetl that Such improvements are not J Intended Or Offered for Sale. If, hOWCVCr, he or improvement is sold within t building m the One Year Of Completion, ~ owner-builtler will have the burtlen of proving W that he tlid not build or improve fnr t:•~ purpose of z sale.). ~? I, as owner Of the property, am exCluslvely p contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The CpntractOr'$ LICenSe Law tlOes not apply t0 an Owner Of property who builtls Or improves there On, and who contracts for such projects with a contract- or(s) licensed pursuant to the Contractor's License Law. ). .__, 1 am exempt untler Sec. B.& P. C. for this reason Date_~_ Owner 1 hereby affirm that I have a certificate of consent t0 self-insure or a certificate of Workers' Compensation Insurance, or c r1tG~''iFl dthereof (Sec. 3800, Z PobcY No.l ~~~~ ~ S C ~ .Company~~T'~''-~ ~ ~Certifietl copy is hereby turn ishetl. ~ ""~.', Q ~_Certifie^ copy is filetl with the county building Q inspection tlepartment or cou y -1 departm nt. V W ~ S ~ G Date Applican 2j li ~ This section need not be completed it the permit V i5 for one huntlred tlOllarS (5100) or less valuation.) H I certify that in the performance of the work for ~ which this permit i5 iSSUetl, I Shall not employ any W person in any manner so as to become subject to Y the Workers; Com pensa lion Laws Of California. ~ I . OF LYNWOOD /~' DEPT. BUILDING/SAFETY. 1/ ~~ .~ PERMIT N0. ~' ~~ VALIDATE;HERE ~~~1 ~~. BLDG. ~ FIR.E ELECT. PLMBG. MECH. NEW FLOOR AREA PLAN APPR P~ !~S ~~ W _m ~~ V O y GRADING ~ ZONING TYPE AOD. NO. STOR V A! INSP. ALTER DEMO. EXT. ' WALLS _ ' iT10N PL: CK. FEE ''° S. M.I.P. . ..... IJC~CJ ,' I PERM. FEE I~ m l ITEM NO EA• FEE ITEM NO EA• FEE ~. Outlets First 20 .75 Temp Pole ~ Fixtures After 45 . 7.50 00 Range , Service 10.00 ~ Oven 3.00 MOTOR -GEN. -TRANS. p ..t 3.00 1 O Dryer 3.00 ~ ~ Dishwasher 3.00 3 00 1 5 7.50 T ~ ~ Garb. Disp . 5 20 15.00 V~ p- V . Fan 3.00 20 ..50 30.00 W Heater 3.00 50 100 35.00 -~ W Misc Ap l 3.00 100 + 45.00 . p . 3.00 Sign 10.00 TOTAL 2. 1 2 PERMIT 30 00 TOTAL ELECT. FEE ITEM Sewer Bath Tub Dishwasher C7 Floor Orain ~ Laundry Tub to Lavatory Shower 'J Sink/Oisp. D. Toilet/Urinal ITEM NO EA• ITEM NO EA• 15.00 Wash. Machine 6.OG 6.00 Water Heater 7.50 6.D0 Water Piping 6.00 6.00 Water Sott. 6.00 6.00 Lawn Sprk. 9.00 6.00 Q Furnace 9.00 6.00 Gas Alter 1-4 Outlets 3.00 6.00 5 or More 75 tv 6.00 ~ Service 12.00 TOTAL ~,j PERMIT TOTAL PLMBG. FEE NO EA* FEE ITEM NO EA• 9.00 Evap. Cooler 6.50 11.00 Vent Fan 4.50 9.00 Exhaust Hood Air Handling 6.50 9.00 Air ing 9.00 ver 10,000 Cem 11,00 16.50 Misc. 6.50 ~ Date Applicant ~ NOTICE TO APPLICANT: If, after makin V Certificate of Exemption, you shoultl become subjeclt to the Workers'; Compensation provisions or the ~ Labor Cotle, ypu must fOtth With Comply Wj(h SUCK Q Provisions Or this peemit shall be tleemed revoked. I hereby dlfirm that there is a conSiruCtiOn gentling Z~ agency for the pert Ofma W V this permit i5 issuetl (S c, of the work for which p Z Civ. C.}. W W Gn Lender's Name ~a Lenders Address I certify that 1 have reatl this appllCa tlOn antl state that the above information is correct. I agree to comply with all city antl county ortlinances antl state laws velatln9 t0 uiltl ing COn Sif UCtlOn, and hereby aUthOrl2e represents sues of this county to enter upon the above•m tionetl property for inspection purposes. AT~~~~f~~ ,~ ~ /~T ~j URE-APPLICANT DATE 56.00 TOTAL -THE ABOVE LISTED FEES ARE SUBJECT TO CHANGE BY COUNCIL ACTION WHEN PROPERLY VALIDATED THIS IS YOUR PERMIT F.A. Furn- QODp F.A. Furn-100. Wall or Floor Furn Appl. Vent. Repair/Alter Camp 3. H.P. Comp 15. H.P. Comp 30. H.P. Comp 50. H.P. Comp 50. H.P. + ~ PERMIT TOTAL MECH. FEE 6 30 FEE 30 TOTAL FEE ~ ~ 7~ ~~ ~ ~ ..• ROLL CALL AYES: Commissioner (s) Abarca, Barnes, Dove, Maciel, Manlapaz, Patel, Reed NOES: None - ABSENT: None ABSTAYN None APPLICAM': Emilio Franco - 3551 Martin Luther King Jr. Boulevard Chairperson Dove introduced new public hearing item No. 12. Senior Planner Taylor presented a staff report and stated the applicant is requesting change of zoning for the entire Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial) in order to expand the existing EI Farallon Restaurant/Dance Hall another 2,890 square feet. Mr. Taylor stated the property is non-conforming as dance halls are first permitted in the C-3 zone subject to a Conditional Use Permit. Mr. Taylor said staff is not in a position to support the project at this time due to police response issues at the property. Mr. Taylor said the Planning Commission has three options to include: 1. Deny the application 2. Approve the application with strict conditions of approval 3. Direct staff to process a Zoning Ordinance Amendment to permit dance halls in the CB-1 zone subject to a CUP. Senior Planner Taylor said the applicant has five (5) valid licenses for his business and it may be the best option to give the applicant an opportunity to become legal and remove the non-conforming status, however, strict conditions of approval would be mandatory to include having a security plan reviewed and approved by the Sheriff, have an exterior .lighting plan, have a parkin and traffic circulation lan improvements to the buildin and g P , pertorm exterior recommending continuance pursuant t pan environmental reviewTaubl c res staff is Commission concerns. P ponse and Chairperson Dove opened the public hearing. Emilio Franco ,.9369 Gainford Avenue, Downey spoke in favor. Sal Preciado, 13658 Hawthorne Bivd., Hawthorne spoke in favor. Ike Abele, 24402 Calle Torcido, Lake Forest spoke in favor. Selena Martinez, 8050 E. Florence, Downey spoke in favor. Mr. Mbele sated the applicant will submit security plan, improve parking lot and provide landscaping. Also said applicant will hire a traffic consultant to prepare parking and traffic circulation plan. Chairperson Dove questioned security. ~ =- H:\WORDFtLE1PLANNINO\MIIJUTES\Daanba 12.3000min.doe -6- ~. Deputy City Attorney Calsada inquired who is the properly owner and is the applicant aware of the Redevelopment Agency ENA (exclusive negotiation agreement) for the Lynwood Plaza. Commissioner Abarca inquired about Redevelopment Agency plan and relocating the business. Mr. Franco said Park Turner is the owner and he is not aware of the ENA or Redevelopment Agency plans. Sal Preciado responded saying they will comply with all conditions. Discussion ensued between the Planning Commission, applicants and staff regarding business relocation and Redevelopment Agency plans. Teresa Coleman, 10650 San Juan Avenue spoke in opposition. Arvin Moore, 10740 San Luis Avenue, spoke in opposition. Erasmo Castro, 10611 San Juan Avenue, spoke in opposition. Raul Vallejo, 3825 Abbott Road, spoke in opposition. Alma Gonzalez, 3905 Abbott Road spoke in opposition. Caroline Castillo, 10881 San Miguel spoke in opposition. Miguel Hernandez, ????? San Miguel spoke in opposition. All citizens who spoke in opposition claim the business attracts gangs and a rowdy crowd; their have been shootings, car racing, loud noise urination, public sex, and they are scared for their safety and thebl'fain I~ sl safety, public Chairperson Dove closed the public hearing. Chairperson Dove commented on police incidents, the business operation and proposed conditions of approval. Commissioner Macie) commented on Police problems with EI Farallon and issues that must be dealt with. Suggested a neighborhood petition and speaking with City Council members. Commissioner Manlapaz concurred with Commissioner Maciel on police issues and suggested citizens speak with Council Members. It was moved by Commissioner Maciel and seconded by Commissioner Manlapaz to continue to the next regular meeting on January 9, 2001. CONDITIONAL USE PERMIT NO. 2000-32 APPLICANT: Roman Campos -10232-10232 ~h Long Beach Btvd. Chairperson Dove announced new public hearing item No. 13. H:IWORDFILE\PLANNINGIMINUTES~December 12, 2000min.doc -7- ... ,-~*, AGENDA ITEM 5 The Planning Commission of the City of Lynwood met in la egula 9 e2001 ~e Ci Hall Council Chambers at 6:35 p.m, ty Commissioner Abarca led the flag salute. Chairman Dove presiding. Commissioners, Abarca, Bames, Manlapaz, Patel, and Reed answered the roll call. Commissioner Maciel was absent. Motion by Commissioner Manlapaz and seconded by Commissioner Patel to excuse Commissioner Maciel. Motion carried 6-0. Also present were Deputy City Attorney Calsada, Community Development Director Chicots, Redevelopment Manager Morales, Senior Planner Taylor and Planning Associate Barfield. Senior Planner Taylor announced the Agenda had been duly posted in accordance with The Brown Act. Senior Planner Taylor stated their would be two sets of minutes at the next meetin . 9 Chairman Dove announced this item would be heard after the last public hearing item. CONTINUED PUBLIC HEARING Pursuant to staffs request, Chairman Dove reorganized the agenda to hear item No.8 first due to the large number of citizens present for the project. ---- -- ^••~+ ~.vnV111V1V 2000-31 APPLICANT: Emilio Franco- 3551 Martin Luther King Jr. Blvd. Chairperson Dove introduced public hearing item No. 8 Senior Planner Taylor presented a staff report and stated the applicant is requestin to change the zoning for the entire Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial) in order to expand the existing EI Farallon ReStaurant/Dance Hall another 2,890 square feet. Senior Planner Taylor stated the property is non-conformin as dance halls are first permitted in the C-3 zone subject to a conditional use g Senior Planner Taylor said the properly is nonconforming and may continue as a dan e hall or nightclub without conditions of approval or control mechanisms. The Commission has four options to include: H:IWORDFILEIPLANNMG1MtNUTESUa.uvy g, 2001mi4doe -1- ,•- 1. Deny the application 2. Approve the application with strict conditions of approval 3. Direct staff to process a Zoning Ordinance Amendment to permit dance halls in the CB-1 zone subject to a CUP 4. Continue the item. Senior Planner Taylor said staff has performed a detailed environmental review and developed a number of mitigation measures. Community Development Director Chicots stated the applicant is not ready for approval as there are several outstanding issues that are not resolved. Mr. Chicots stated the security plan is inadequate, lighting plan inadequate and traffic/parking control inadequate. The applicant needs to provide comprehensive plans and security measures to address crowd control and police problems. Mr. Chicots recommended the item be continued and the City would schedule a "Neighborhood Meeting" between the applicant and residents to discuss resolution of issues. Commissioner Reed inquired about the Mitigation measures. Senior Planner Taylor responded mitigation measures were developed pursuant to traffic, parking, noise, light and glare, air quality and public service. Chairperson Dove inquired about the security plan. Community Development Director Chicots responded. A comprehensive Secuity Plan is needed. Chairperson Dove opened the public hearing and requested the applicant and /or his representative speak first. Ike Mbele, 24402 Calle Torcido, Lake Forest spoke in favor. Mr. Mbele is the architect and agreed to proposed conditions of approval, agreed to consult with the Sheriff and agreed to meet with neighbors and residents. Kent Swift, 11126 Duncan Avenue, spoke in favor and identifed awards given to Mr. Franco. Sal Preciado, 13658 Hawthorne Blvd., Hawthorne. Contractor spoke in favor and agreed to address parking, traffic and security. Edwin Jacinto, 11824 Beach, a local business owner spoke in favor. Jose Salachi, 12321 Alpine, spoke in favor and presented awards Mr. Franco had received to the Planning Commission. Chairperson Dove advised the audience of proper protocol. Dr. Wallace, Lynwood Unified School District, 11321 Bullis Road, spoke in favor and stated he was sent by the School Superintendent to speak on behalf of him, Harold Cebrun. H:IWORDFILEIPLANNiNG1MMtl1'FSUanuv~• 9.2001minAa -2- Fernando Barregan, 11072 5"' Street, spoke in favor. Ofelia Villanueva, ???? spoke in favor. Alejandro ????, 5443 Olanda Avenue spoke in favor. Rosa Mesa, 10895 Otis Avenue, spoke in favor. ... Jose Salachi, read a letter from the School District President, Domitilia Aguilar who supported the project. Jim Morton, 10112 long Beach Boulevard spoke in favor. Rojero Duran (EI Farallon employee), 2835 Glenwood, South Gate spoke in favor. Chairperson Dove requested citizens wishing to speak in opposition. Teresa Coleman-Graham, 10650 San Juan, spoke in opposition. Described Sheriff assistance during holidays, said big problem when no Sheriff and received a letter from Mr. Franco inviting her to the restaurant to discuss issues. Chairperson Dove asked Mr. Graham about the zone change proposal. She said she is against it. John Graham, 10650 San Juan, spoke in opposition. Added to his wife's concerns. Raul Vallejo, 3825 Abbott Road spoke in opposition. Said the nightclub is the main business and residents are victims after 9:00 p.m. Helen Lusting, 3907 Abbott Road spoke in opposition. Said there is little business at the restaurant and the problems are with the nightclub. Sandra Bustamante, ???? San Juan spoke in opposition. Said its like the wild west at night. Amy Castro, 10116 San Juan spoke in opposition. Said she has to clean up trash on her property regularly and the business is noisy. Arturo Lopez, 4331 Lugo spoke in opposition. Regular gunfire. ???, 10150 San Juan spoke in opposition. Described gunfire. Chairperson Dove requested rebuttal comments from the applicant Ike Mbele, 24402 Calle Torcido, Lake Forest spoke. He thanked the audience and Planning Commission for their patience. Praised Mr. Franco`s community service activities. Requested a continuance. Will meet with citizens to discuss and remedy issues. Chairperson Dove closed the public hearing. Motion by Commissioner Reed, seconded by Commissioner Abarca to continue the item. Approved 6-0. H:\WORDFILE1pLANtVMG\M~y 9, Za(Jlmin.doc -3- .-. Commissioner Abarca asked if 30 days is enough time. Community Development Director Chicots suggested a meeting at Bateman Hal! as soon as possible. Ike Mbele requested 45 days continuance and could have a meeting in a couple weeks at Bateman Hall. A member of the audience requested notifrcation of the neighborhood meeting. Commissioner Reed amended motion to continue until March meeting, have staff send out the 300 foot Radious notice for the neighborhood meeting, Seconded by Commissioner Abarca. Approved 6-0. Senior Planner Taylor passed out a sign up sheet to the audience and requested citizens who wish to be notified of the neighborhood meeting should write down their names and addresses. Chairperson Dove declared a brief recess. Chairperson Dove reconvened the meeting at 8:15 p.m. CONDITIONAL USE PERMIT NO. 2000-23 APPLICANT: Oscar Aparicio and Sara Mata Balbuena- 10733-10749 Long Beach Blvd. Chairperson Dove introduced public hearing item No 7. Senior Planner Taylor presented a staff report stated the applicant is requesting approval to operate a used car sales lot in conjunction with a nonconforming auto service center. The item had been previously continued for 60 days to allow, the property owner to remedy code violations and comply with conditions of approval. Mr. Taylor stated he had inspected the property on two occasions and observed substantial compliance. Chairperson Dove opened the public hearing. Oscar Aparicio, proepty owner, 10733-10749 Long Beach Blvd. Spoke in favor. Mr. Aparicio had Vanessa Balbuena translate. Mr. Aparicio inquired about conditions to be completed. Senior Planner Taylor stated he must remove the remaining inoperable vehicles at the rear'of the property, pave the rear parking area and submit a landscaping plan. Mr. Taylor said the front half of the property is complete, but the rear half still needs work. Chairperson Dove closed the public hearing. It was moved by Commissioner Reed and seconded by Commissioner Abarca to adopt Resolution 2799 approving Conditional Use Permit No. 2000-23. H:\WORDFILEIPLANNlN01M1NIjIESUwu.ry 9, ZOOlmin.doc -4- ,.- REGULAR AGENDA ITEMS PERMIT NO. 2000-31: ~~~ ., APPLICANT: Emilio Franco- 3551 Martin Luther King Jr. Blvd. Chairperson Dove introduced item No. 13. ,-~, Senior Planner Taylor presented a staff report summarizing the request by EI Farallon Restaurant and Dance Hall to expand 2,890 square feet. Mr. Taylor stated staff and the Sheriff Department has been working with the applicant on the security plan, staff will again meet with the applicant to confirm staff position, a neighborhood meeting will be noticed and scheduled, back to the Planning Commission for the March 13, 2001 meeting. It was moved by Commissioner Reed and seconded by Commissioner Vice-Chairperson Barnes to receive and file. ROLL CALL AYES: Commissioner(s) Abarca, Barnes, Dove, Manlapaz, Reed NOES: None ABSENT: Commissioner(s) Maciel, Patel ABSTAIN: None SPECIAL CITY COUNCIL TOWN HALL MEETING: APPLICANT: City of Lynwood Chairperson Dove introduced item No. 14. Senior Planner Taylor presented a staff report and stated the Lynwood City Council has scheduled a Special Town Hall Meeting for Thursday, February 15, 2001 at 6:00 p.m. in Bateman Hall. The meeting is in response to the Lynwood School District plans to construct five (5) new schools and expand four (4} existing schools. Mr. Taylor identified new school locations and summarized format for the meeting. The Commission and members of the public were encouraged to attend. Chairperson Dove commented on possible effects of new school sites and school expansions. Commissioner Manlapaz inquired about effects of school expansions and new schools. Commissioner Reed commented about school overcrowding and need for City and School District to work together on the issue. It was moved by Commissioner Reed and seconded by Commissioner Abarca to receive and frfe. ROLL CALL AYES: Commissioner(s) Abarca, Barnes, Dove, Nfanlapaz, Reed NOES: None H:IWORDF[LE~PLANNINGIMIN1JiES~Febnury l3, 2001.doc -7- CAS ~ ~ 0. ~bu.~cS AGES\1~A [TE~~ 5 ~ o. The Planning Commission of the City of Lynwood rnet n^a regular session in the City Hall Council Chambers at 6:38 p.m. Commissioner Maciel led the flag salute. Chairman Dove presiding. Commissioners, Abarca, Barnes, Maciel, Patel, Manlapaz and Reed answered the roll call. Also present were Deputy City attorney Calsada, Community Development Director Chicots, Senior Planner Taylor, and Planning Associate Barfield. Senior Planner Taylor announced the Agenda had been duly posted in accordance with the Brown act. Minutes of meeting for February 13, 2001. Motion by Commissioner Reed, seconded by Commissioner Maciel to adopt the minutes. Approved 7-0. 2000-31 - - - - - . _....^~ vJ~ rc~cP711 APPLICANT: Emilio Franco-3551 Martin Luther King Jr. Blvd., Lynwood, Ca. 90262 Chairperson Dove introduced continued public hearing item No. 6. Senior Planner Taylor presented a staff report and stated the applicant is requesting approval to change the zoning for the properly known as Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial). In addition, the applicant is requesting approval of a conditional use permit in order to expand the existing EI Farallon Restaurant and Dance Hall 2, 890 square feet. The existing restaurant totals 14,779 square feet and the addition, if approved, would bring the restaurant area to a total of 17,816 square feet. The Conditional Use Permit would serve three (3) purposes to include: 1. Expand the existing restaurant and dance hall 2,890 square feet; and 2. Remove the dance hall nonconforming status of the business; and 3. Remove the nonconforming status of the alcohol license. Senior Planner Taylor stated the item has been continued from the December 12, 2000 and January 9, 2001 Planning Commission meetings due to a large number of public corriments and concerns. Staff, the applicant and Sheriff Department has been working to resolve issues and create a security plan for the Lynwood Plaza. The Planning Commission has four (4) options to include: 1. Deny the application; or 2. Approve the application with strict conditions and time frame; or 3. Direct staff to draft a Zoning Ordinance Amendc~ent; or 4. Continue the item. H-\WORDFILEIPLANA11A1G\MIN[TfES\Much 13.2001min.doc -I- ,~ ,.., Attached are documents for denial and approval. If the Commission elects to approve the application, the item would be forwarded to the City Council. A conditional use permit only requires Commission approval, where a zone change is an ordinance and also requires City Council approval. The conditional use permit is null and void unless the zone change is approved by the City Council. There is a fifteen (15) day appeal period for both applications. Senior Planner Taylor introduced Lieutenant Michael Herek of the Los Angeles County Sheriff Department to explain the proposed security plan. Lieutenant Herek explained the security plan would be a contract between the Sheriff and the business owner and would initially include seven (7) Deputies and one (1) Sergeant for a period of ninety (90) days. The security plan would prohibit cruising, close off rear driveways after hours and channel traffic toward Martin Luther King Jr. Boulevard. The security plan would include a two (2) block radius around Lynwood Plaza to protect the adjacent residential neighborhoods. After 90 days the security plan will be reviewed for revisions. Vice-Chairperson Barnes inquired if the security plan would intertere with the existing businesses. Commissioner Maciel inquired about the security plan effect on the City patrols. Lieutenant Herek explained the security plan is for the parking lot and the area around Lynwood Plaza and private security is used inside the business. The security plan is in addition to the City contract and city patrols would not be affected. Commissioner Manlapaz inquired about involvement of the City in the security plan. Chairperson Dove inquired about security plan not depleting Sheriff services. Commissioner Abarca inquired about other cities that have contracts between the sheriff and private citizens. 1 Commissioner Maciel inquired about city liability. Deputy City Attorney Calsada inquired about liability and area coverage. Lieutenant Herek explained the security plan does not include the city. The security plan would not deplete city police services. Other cities to have sheriff citizen contracts include West Hollywood and Pico Rivera. The city is not liable as the contract would be initiated between the Sheriff and Emilio Franco. Lieutenant Herek explained private security cannot patrol therefore not as effective as the Sheriff. The sheriff can detain andlarrest people reside and. outside the business. Community Development Director Chicots commented the Conditional Use Permit requires a security plan for the life of the business as approved by the Sheriff and the city. Said revisions would be reviewed, revised and approved by the Sheriff. Lieutenant Herek presented the security plan to the audience. Chairperson Dove advised the audience of proper protocol daring the public hearing. In addition, Chairperson Dove set forth ground rules to include maximum 3 minutes, no repetition of issues and provide new testimony to the Commission. H:~WORDFIt-E~PLANN1NGiMINlT1'E$~~ I3, 2001min.doc -2- A ... Chairperson Dove opened the public hearing requesting speakers in favor. Selena Martinez, 8050 E. Florence, Downey, the architect spoke in favor. Ken Swift, 11126 Duncan Avenue, Lynwood, spoke in favor. Adolph Lopez, 11431 Plum Street, Lynwood, spoke in favor. Chairperson Dove requested all those speakers in opposition. Teresa Coleman-Graham, 10650 San Juan Avenue, spoke in opposition. Cited cruising, shooting, and noise. Helen Lusting, 3907 Abbott Road, spoke in opposition. Cited police issues. Raul Villejo, 3825 Abbott Road, spoke in opposition. Cited noise after 10:00 p.m. Maria ? {Inaudible), 10616 San Juan Avenue, spoke in opposition. Read a letter citing noise, traffic and police issues. John Graham, 10650 San Juan Avenue, spoke in opposition. Cited police issues and sanitary concerns. Chairperson Dove closed the public hearing. It was moved by Commissioner Reed and seconded by Commissioner Maciel to certify the Mitigated Negative Declaration, adopt Resolution 2814 approving Zone Chan e 2000-03; and adopt Resolution 2812 approving Conditional Use Permit 2000-31. g RESOLUTION NO. 2814 ENTITLED "RESOLUTION NO. 2814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWO~p APPROVING ZONE CHANGE NO. 2000-03 WITH RESPECT TO TRACT 20680, LOTS 70 AND 71; ASSESSORS MAP BOOK 6191- PAGE 18 PARCELS 001, 002, 003, 004, 005 006, 007, 008 and 009; ALSO KNOWN AS THE LYNWOOD PLAZA AND BORDERED BY ABBOTT ROAD TO THE NORTH; MARTIN LUTHER KIHG ] BOULEVARD TO THE WEST; TO THE SOUTH, LYNWOOD CALIFORNIA FROM CB-1 (CONTROLLED BUSINESS) TO C-3 (HEAVY COMMERCIAL)". ROLL CALL AYES: Commissioner (s) Abarca, Barnes, Dove, Maciel, Manlapaz, Patel, Reed NOES: None ABSENT: None ABSTAIN None H:\WORDFILE\P1.AMd1NO~~arch 13.2001min.doc -3- ..~~ ~. •--. RESOLUTION NO. 2812 ENTITLED "RESOLUTION NO. 2812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2000-31 PERMITTING THE EXPANSION OF AN EXISTING RESTAURANT AND DANCE HALL (EL FARALLON) AT' 3531 MARTIN LUTHER KING ]R. BOULEVARD, IN THE CB-1 (CONTROLLED BUSINESS) LONE, LYNWOOD, CALIFORNIA". ROLL CALL AYES: Commissioner (s) Abarca, Barnes, Dove, Maciel, Manlapaz, Patel, Reed NOES: None ABSENT: None ABSTAIN None CONDITIONAL USE PERMIT NO. 2000-35 APPLICANT: Lidia Mancilla- 9915 Long Beach Blvd. Chairperson Dove introduced continued public hearing item No 7. Planning Associate Barfield presented the staff report and stated the applicant is requesting approval to continue to operate a public rental hall. At the last meeting the Commission directed staff to bring back ~ a shared parking agreement with other properties or reduce the maximum capacity to 150 persons. Mr. Barfield stated all properties have sufficient parking to accommodate 150 persons to which the properly owner/applicant agrees. The Applicant will be required to record a parking agreement for all her properties with the Los Angeles County Registrar Recorder. Chairperson Dove opened the public hearing. Lidia and Carla Mancilla, 9915 Long Beach Blvd. spoke in favor. 1 Chairperson Dove close the public hearing. It was moved by Commissioner Maciel and seconded by Commissioner Patel to adopt Resolution 2819 approving Conditional Use Permit No. 2000-35. RESOLUTION NO. 2819 ENTITLED "RESOLUTION NO. 2819 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2000-35ALLOWING A PUBLIC RENTAL HALL TO OPERATE AT 9915 LONG BEACH BOULEVARD, IN THE C-3 (HEAVY COMMERCIAL) LONE, LYNWOOD CALIFORNIA". ROLL CALL AYES: Commissioner (s) Abarca, Barnes, Dove, Maciel, Manlapaz, Patel, Reed NOES: None ABSENT: None ABSTAIN None H:IWORDFiLE1PLANNING~MINU7'ES1M.rch ~l, 2001miadoc -4-