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HomeMy Public PortalAboutA2009-08-04CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any 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. s ~~S AGENDA iV~w' (TEAT TORE REGUOLAR MEET NG OFON RECEIVE D THE LYNWOOD CITY COUNCIL TO BE HELD ON AUGUST 4, 2009 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. MARIA TERESA SANTILLAN MAYOR AIDE CASTRO MAYOR PRO-TEM JIM MORTON COUNCILIVIEMBER CITY MANAGER ` ROGER L. HALEY CITY CLERK. MARIA OUINONEZ OPENING CEREMONIES JUL 3.0 2009 CITY OF LYNWOOD CITY C~LQE~R~KS OFFICE lrX.~ p~.~t`a. a~.i~.z ~ ~~ ALFREDO FLORES COUNCILMEMBER RAMON RODRIGUEZ COl1NCILMEMBER CITY ATTORNEY FRED GALANTE CITY TREASURER SALVADOR ALATORRE 1: CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Alfredo Flores Jim Morton Ramon Rodriguez Maria T. Santillan 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PRESENTATIONS/PROCLAMATIONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) 7• COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government .Code Section 54954.2 (a).) CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Councilor staff request specific items to be removed from the Consent Calendar for separate action. 8• MINUTES OF PREVIOUS MEETINGS: Special Meeting -June 9, 2009 Regular Meeting -June 16, 2009 Special Meeting -June 23, 2009 9. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated August 4, 2009 for FY 2008-2009 and 2009-2010. Recommendation: Staff recommends that the City Council approve the warrant register. 10. ACCEPTANCE OF IRREVOCABLE EASEMENT OFFER OF DEDICATION AT 2719 FERNWOOD AVENUE Comments: The conditions of approval for the development of atwo-stories, single-family residence, with an attached two-car garage at 2719 Fernwood Avenue (SPR Case 2007-13), includes an irrevocable offer of dedication for a five foot wide strip for street purposes. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 2719 FERNWOOD AVENUE". 11. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS - LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955; HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956; OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.965 Comments: The plans, contract documents, and working details for the Lavinia Avenue Improvement Project (from Harris Avenue to Atlantic Avenue), Harris Avenue Improvement Project (from Agnes Street to Lavinia Avenue) and Oland Street Improvement Project (from Carlin Avenue to Wright Road) have been completed and are now ready for adoption by the City Council of the City of Lynwood in accordance with California Public Contract Code Section 22039 and Lynwood City Code Section 6-6.7 that requires the City Council to adopt plans, contract documents, and working details for all public projects exceeding $125,000. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT. DOCUMENTS AND WORKING DETAILS FOR THE LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955, HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956 AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011_ .67.965; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING -THE CITY MANAGER OR DESIGNEE TO MAKE 'THE NECESSARY FUND APPROPRIATIONS AND TRANSFERS": 12. CLAIM FOR DAMAGES BY RAYMOND WHITE 5 Comments: ..._ On March 23, 2009, Mr. White filed a claim for damages form alleging that his vehicle, a 2003- Toyota Tacoma Truck with in excess of 135,000, was out of alignment due to potholes on his street. The vehicle has been driven over 30,000 miles since its fast alignment. Mr. White resides at 10780 Cornish Avenue, Lynwood. Recommendation: Staff recommends that the City Council reject the claim of Raymond White v. City of Lynwood and direct staff to send a standard letter of rejection. 13. SERVICE AGREEMENTS EXECUTED UNDER THE CITY MANAGER'S $15,000 PURCHASING AUTHORITY FROM JANUARY 1 -JUNE 30, 2009 Comments: The City of Lynwood's Purchasing Procedures (established by Ordinance No. 1571) give 'the City Manager (the City's Purchasing Officer), authority to execute and enter into contracts that are up to $15,000. Recommendation: Staff recommends that the City Council receive and file this report. 14. REQUEST TO SOLICIT PROPOSALS FOR PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS Comments: The purpose of this item is to have the Lynwood City Council adopt the attached resolution authorizing staff to solicit proposals for professional Utility User's Tax Compliance Audits. This service cannot be performed in-house due to the complexity and the City's limited staff resources. Utility User's Tax compliance reviews are a . specialized area of auditing in which a few companies have the experience and capacity. to perform this task successfully. Recommendation: Staff respectfully recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS". 15. MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD Comments: The Los Angeles River and Tributaries Metals Total Maximum Daily Load adopted by the Los Angeles Regional Water Quality Control Board (LARWQCB) on September 6, 2007, requires the Los Angeles River (LAR) watershed cities and agencies to develop a coordinated implementation plan to reduce the amount of metals pollutants in the LAR and its tributaries. This report outlines the: need for these efforts,. their foreseeable costs, proposed plan preparation through acost-sharing agreement and fiscal management through the Gateway Cities Council of Governments (GCCOG). Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR THE. ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 1 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA". 4 16. MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD Comments: The Los Angeles River and Tributaries Metals Total Maximum Daiiy Load adopted by the Los Angeles Regional Water Quality Control Board (LARWQCB) on September 6, 2007, requires the Los Angeles River (LAR) watershed cities and. agencies to develop a coordinated implementation plan to reduce the amount of metals pollutants in the LAR and its tributaries. This report outlines the need for these efforts, their foreseeable costs, proposed plan preparation .through acost-sharing agreement and fiscal management through the San Gabriel Valley Council of Governments (SGVCOG). Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED. IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 2 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA". 17. APPROVAL OF COUNTY/CITY INDEMNITY AMENDMENT TO THE MUNICIPAL LAW ENFORCEMENT SESRVICES AGREEMENT. WITH THE COUNTY OF LOS ANGELES EFFECTIVE AS OF JULY 1, 2009 Comments: In June 2004, The City entered into afive-year agreement with the County of Los Angeles for law enforcement services through the County Sheriff's Department. The Municipal Law Enforcement Services Agreement was scheduled to terminate on June 30, 2009, but has been extended to August 31, 2009 to allow time for the California Contract Cities Association (CCCA) to address- liability issues with the County. Specifically, contract . cities have been advocating that the County should assume full liability for the criminal conduct of on-duty deputies. Recommendation: Staff recommends that the City Council approve the attached County-City Special Indemnity Agreement, an amendment to the Municipal Law Enforcement. Services Agreement, with the County of Los Angeles, effective July 1, 2009, and authorize the Mayor to sign the agreement. 18. REDEVELOPMENT DIRECTOR EMPLOYMENT SERVICES AGREEMENT Comments: The City Manager has selected a candidate for the position of Redevelopment Director and authorized the extension of terms and conditions of an at-will employment agreement. The City Manager's decision comes after a Statewide executive search managed by the Human Resources Department, which included official job postings at various professional, industry-related, diversity and local listing. The process included two levels of oral interviews and a conditional background check to the satisfaction of the City Manager. Recommendation: Staff recommends the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE REDEVELOPMENT DIRECTOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT." NEW/OLD BUSINESS 19. CDS REQUEST TO CHANGE THE WASTE DISPOSAL PICK UP SCHEDULE Comments`. On June 8, 2009, the City received a request from Consolidated Disposal Services (CDS) to change the solid waste disposal service schedule in the City from 5 days a week to 2 days a week. Section 4.02 (b) of the current agreement states that the contractor shall obtain written approval from the City prior to any change of collection days (Attachment A), and that such approval shall not be unreasonably withheld. Contractor shall give written notice to affected customers not less than fourteen days before contractor changes any regularly scheduled collection day. As part of their request, CDS committed (at their own experise) to send out written change notices immediately after receiving approval from the City and to distribute .door hanger notices prior to the week of August 10, 2009. After lengthy discussion, the item was tabled for two weeks until the City Council meeting of August 4, 2009. Recommendation: Staff. recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING THE REQUEST FROM CONSOLIDATED DISPOSAL SERVICE TO CHANGE. THE WASTE DISPOSAL SERVICE PICKUP SCHEDULE IN THE CITY FROM FIVE DAYS A WEEK TO TWO DAYS A WEEK". CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN, MAYOR AIDE CASTRO, MAYOR PRO-TEM ALFREDO FLORES, COUNCILMEMBER JIM MORTON, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER CLOSED SESSION NONE ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 18, 2009 AT 5:00 P.M. IN .THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. 7 F-/ ^j 1 ,:~ ~~ AGENDA STAFF R ,w,~~~,, ~~ EPORT j DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana er PREPARED BY: Maria Quinonez, City Clerk ~, Kristine Santana, Deputy City Clerk ~S SUBJECT: LYNWOOD CITY COUNCIL MINUTES Recommendation: Staff recommends the Lynwood City Council approve the .following minutes: • Special Meeting, June 9, 2009 • Regular Meeting, June 16, 2009 • Special Meeting, June 23, 2009 Background: N/A Discussion 8~ Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM LYNWOOD CITY COUNCIL SPECIAL MEETING June 9, 2009 The City Council of the City of Ly above at~5t08 p mspecial meeting in the Council Chambers, 11330 Bullis Road on the Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez,. Castro-and Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez, and Treasurer Alatorre. City Clerk Quinonez announced that the- Agenda had been duly posted in accordance with the Brown Act. Item #6. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY .5:09 p.m. LYNWOOD UTILITY AUTHORITY 5:10 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Harry Gibbens commented on Item #8 -MINUTES OF THE PREVIOUS MEETINGS. He recommended that the City Council keep the same name, Ham Park, because the .park was originally named after a city council member. who generously donated the land for the park. He also stated that he noticed items number 1, 4, 7, 8, 9, 2, 3, 5, 6 are missing from the minutes and he wants to know what happened to them: PUBLIC HEARINGS Item #7. ADOPTION OF THE FY 2009-2010 BUDGET City Manager Roger Haley introduced the item regarding the adoption of the FY 2009- 2010. Budget. It was moved by Council Member Rodriguez, seconded by Council Member Morton, to open the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to combine all three items of all three agendas regarding the budget hearing. City Manager Roger Haley made a budget presentation. Paulette Bradley stated that she is against budget cuts to facilities such as the Senior Center, which, if left without repairs will quickly deteriorate. She also stated that it was not prudent or wise to fill vacant positions when the City knew there was a budget shortfall and the positions would later have to be deleted. Kimberly Gonzalez stated that she is one the staff members that will be affected b proposed position deletions: She asked council to consider allowing her positiont to remain and pointed out that there are currently three vacant positions that could be deleted instead. She stated that she also believed that her position was not deleted due to budgetary reasons. Eric Gonzalez spoke about his wife, Kimberly Gonzalez's dedication to the City of Lynwood. He asked council to be sure to have the correct- information before they voted to delete her position. David. Spears stated that he was against the deletion of-his position as projected in the 09-10 budget proposal. He proposed cutting pay and cutting vacant positions instead of laying off hardworking employees. Lorene Reed stated that there should be an alternative to la in when the positions generate revenue for the city. She stated thagshe beleved therelarle too many managers and the city should mirror corporate America and cut from the top instead of from the bottom. City Treasurer Sal Alatorre stated that -one of his office's responsibilities is to regulate licenses and if the City wants to keep revenue, it needs to maintain the licensing positions. Additionally, he stated that consultants have exceeded their allocated budget. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to close the public hearing. The council decided to vote individually by department, the vote went as follows: City Council It was moved by Council Member Rodriguez, .seconded by Mayor Santillan to approve the City Council proposed .budget with a reduction of $37,681.00 AYES: COUNCIL MEMBERS. FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan to approve the City Clerk proposed budget with a reduction of the operating supplies allowance from $6,000 to $3,000, office supplies allowance from $4,248 to $3,000, advertising & printing allowance from $19,000 to $1 ~ k00, the auoposled 10% Deputy COyOClerk sa ary Mayor Pro Tem Castro incorporated st g p increase in her original motion. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, .AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE City Treasurer It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez; to approve the City Treasurer's proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE City Manager It was moved by Mayor Pro. Tem Castro, seconded by Mayor Santillan, to approve the City Manager's proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE. ABSENT: NONE- Finance and Administration It was moved by Council Member Flores, seconded by Council Member Rodriguez, to approve the Finance and Administration proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Human Resources It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve the Human Resources proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Neighborhood Services It was moved by Mayor Pro Tem Castro; seconded by Council Member Rodriguez, to approve the Neighborhood Services proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Public Safety It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve the Public Safety proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Public Works It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to delete the Environmental Specialist-position. Mayor Pro Tem Castro made a subsequent motion, seconded by Council Member Rodriguez to delete the Environmental Specialist position instead of the Public Works Inspector position. Mayor Santillan made a subsequent motion, seconded by Council Member Rodriguez, to make the Environmental Specialist position part time, to eliminate the Public Works Inspector Position and to approve the Public Works proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ AND SANTILLAN NOES: COUNCIL MEMBER CASTRO ABSTAIN: NONE ABSENT: NONE Recreation and Community Services It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to delete the Marketing and Grants Manager position. City Manager Haley clarified that the deletion of the Marketing and Grants Manager is already a proposed cut in the proposed budget. It was moved by Mayor Santillan, seconded by Council Member Flores to bring the Recreation and Community Services budget back to the next meeting. City Manager Haley made a correction to pg. R4 of Recreation: instead of 4 proposed Recreation Coordinator positions, there should be 3. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro; to approve the Recreation and Community Services proposed budget with this correction. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Redevelopment It was moved by Mayor Pro Tem Castro, seconded by Council Member Morton, to approve the Redevelopment proposed budget. AYES: COUNCIL MEMBERS FLORES, .MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Development Services; It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, fo approve the Development Services proposed budget and to keep the current Business License Specialist position. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Capital Improvement Project It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to approve the Capital Improvement Project proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: -NONE ABSTAIN: NONE ABSENT: NONE Lynwood Utility Authority It was moved by Mayor Santillan, seconded by Council Member Rodriguez, to approve the Lynwood Utility Authority proposed budget. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE a CONSENT CALENDAR Item #8. MINUTES OF THE PREVIOUS MEETINGS Regular Meeting -April 21, 2009 Regular Meeting -June 2, 2009. It was moved by Council Member Rodriguez, seconded by Council Member Morton to approve the item. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. LAW ENFORCEMENT SERVICES CONTRACT EXTENSION City Manager Haley introduced this item regarding Law Enforcement Services. Contract Extension. It was moved by Council, Member Rodriguez, seconded by Mayor Pro Tem Castro to adopt the resolution. RESOLUTION 2009.105 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A ONE YEAR EXTENSION TO THE ATTACHED LAW ENFORCEMENT CONTRACT WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ,, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9A. SUBSEQUENT NEED ITEM -AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) APPLICATION AND JOINT AGREEMENT City Attorney Galante introduced the item and stated that the item needed a vote of 4/5ths to be added to the agenda. It was moved by Council Member Morton, seconded by Council Member Rodriguez, to add the item to the agenda. D City Attorney Galante disclosed that his law firm also represents the City of Carson. After discussion, it was moved by Council Member Flores, seconded by Mayor Santillan, to approve the item. RESOLUTION NO. 2009.106 ENTITLED: A RESOLUTION OF-.THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) APPLICATION AND JOINT AGREEMENT AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE COUNCIL ORALS Council Member Rodriguez thanked everyone for coming to the Special Meeting. He stated that the budget process was extremely difficult, especially eliminating positions. He noted that this is not the first time he has had to cut a position and he admitted that it is very hard to do so. He stated that his responsibility is to the 79,000 people in the city, not just to one or two individuals in the city. He said hearing about the laid off employees breaks his heart but council has to do what they have to do. He stated that he believed he was making the right decision for the city:, Lastly, he thanked everyone for attending. Council Member Flores added to what Council Member Rodriguez said that difficult decisions are decided with the mindset of the greater good. He stated that he has been on both sides acknowledged that it feels bad. He continued by saying that tough decisions must be made in order to move the City forward. He then reminded everyone that the promise he made to residents was to move the City forward, not backward. He then thanked everyone. Council Member Morton stated that council represents every resident in the City of Lynwood and every decision has to be made with that in mind. He stated that it was agonizing to know about how the position deletions will affect individuals but it is council's job to make these hard decisions. He thanked everyone for attending and expressed his wish to save all the employees. He stated his appreciation for all the hard work that the city employees give to the City. Mayor Pro Tem Castro stated that she would not apologize for any decisions she had . made. She said she did her homework, went line by line, and met with the Finance Director and City Manager. She directed staff to lead by example and expressed her support for their cutting the auto allowances in half and declining of pay increases such as the Council and the City Manager have done. She stated that her first responsibility is to the residents of the City. She also asked employees to follow their own procedures and not contact council for help because it is not fair. Mayor Santillan asked the Directors of Quality of .Life and Public Works to get out on the field and make sure they are more visible. She repeated the rest of Council's sentiments by saying that layoffs are very difficult but unavoidable during these times. She reported that the City has saved 7 million dollars through cost cutting since January 2007, which has limited the number of layoffs that are necessary at-this time. City Manager Haley thanked Assistant City Manager Robert Torrez, Director of Human Resources Alfredo Lopez and the entire Budget Team for working hard on the budget and compiling the budget packet. CLOSED SESSION The Council recessed to closed session at 7:31 p.m. by general consent. The City Council reconvened at 7:40 p.m. City Attorney Galante stated that the Redevelopment Agency met in closed session and with respect to the following matters: Item #2. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED IN CLOSED. SESSION PURSUANT TO SECTION 54956.9: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 11490 Wright Road Agency Negotiator: Roger Haley, Executive Director; Fred Galante, Legal Counsel Negotiating Party: Lee Associates, Chuck Bertoni Under Negotiation: Price and terms The Lynwood Redevelopment Agency held discussion and no reportable action was taken. ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores, and carried to adjourn the special Lynwood City Council meeting at 7:41 p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING June 16, 2009 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:09 p.m. Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez, Castro and Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly ,posted. in accordance with the Brown Act. Item #6. PRESENTATIONS/PROCLAMATfONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues Sheriff Hellmold awarded the winners of the 2009 Stephen Blair Memorial Scholarship Essay Contest. Jacquelyn Huerta; Chaylis Shofner and Norma Vasquez read their winning essays. Sheriff Hellmold reported few local incidents which have- been contained;- reported minor disturbances due to the Laker win, zero homicides in -the City and. encouraged residents to report any- suspicious activity. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:30 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Peter Star commented on Item #22 -REQUEST FOR SPECIAL PERMIT: CORTLAND STREET -STREET CLOSURE Mr. Star said that he was there to ask for permission for the street closure. He then stated that he takes Council's trust very seriously and. that he will make sure that they have a safe and fun holiday. .Antonio Mugia commented on Item #23 -BLOCK WATCH CAPTAIN REQUEST FOR SPECIAL PERMIT: 3900 BLOCK OF PALM AVENUE -STREET CLOSURE. He said that he was in support of the Block Watch captain and for the record, stated that the captain is the backbone of the organization and that Mr. Perry spoke with him 3-4 months ago and discussed that there would be some consideration for the block watch captains. Mr. Mugia also commented on Item #25 -CITY COMMISSION, BOARDS AND COMMITTEES. He stated that he was in support of any decision that Council would decide to take. He said that the coommhe ommun ty.great pride in their work and asked Council to make the best decision f Paulette Bradley commented on Item Coun cEforOt eR dec s on on MORAND9 M Oe UNDERSTANDING. She commended thanked Council for helping make the community safe. She also commended the City for its quick action on removing a couch that was placed in the alley by her residence. PUBLIC ORAL COMMUNICATIONS Connie Turner, the Public Affairs Manager from Southern California. Edison, commented on the state of Southern California Edison and its requirement to meet 20% of its renewables by 2010. She stated that because~of the recession, SCE expects only about 12,000 new customers. She noted that SCE will be investing 20 billion dollars over the next five years to upgrade the current infrastructure. Nigel Felix commented on issues he is having with the Casds stan~e ement division. He believes he is being targeted. He asked Council for their Holly Sane stated that he was here to support Mrhasgolllowed alathe rulesland paid for has singled Mr. Nigel out, even though Mr. Nige all the necessary licenses. He stated that they-want the harassment to stop and they believe that they are being discriminated against. 1. Ingrid Morales-spoke about her concern regarding City Code Enforcement. She stated that she has done everything she could do to comply with the rules. She stated that she- keeps her property neat and clean. She said she needs Council's help to figure out a solution instead of a dead .end answer from staff regarding her carport. John Alizon, representing California Community Parents Institute, introduced the organization and the work it has done in the community. Frank P. Calderon commented on two issues. Mr. Calderon presented a document regarding accessing the City. archives, that needed to be corrected. He stated that the "Senior Citizens Advisory Council" should be changed to "Senior Citizens Advisory Board", that Phyllis Cooper has not been a part of the senior citizens department for over three years. He added that the nutrition proedent`la soff of employees and stated years ago. Mr. Calderon then commented on the r y that the Mayor and Council Member's entanglement with the FPPC was an eye opener. Janet Navarro, President of Club Guadalajara USA, introduced her nonprofit organization. She stated that she would like to promote a festival at Lynwood Park and asked Council for the appropriate permits to use the park. Pearline Calderon stated that she has seen several signs asking residents to write to state leaders but no attention to senior needs and issues has been paid. Mrs. Calderon asked Council to not neglect to provide- the help that seniors need and to pay attention to the seniors in the community. Harry Gibbens commented on a neighbor of his, which he is having a problem with. Mr. Gibbens stated that some of the tenants of the apartment building sometimes throw trash into his yard. Mr. Gibbens stated that he would like the City to ensure that the landlord understands the City Code and oversees his property properly. Mr. Gibbens concluded by stating that he believed it was the landlord's responsibility to ensure that the tenants were. good citizens. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Pro Tem Castro stated that, as she has stated for a few meetings already, she would like the City to refocus efforts on the multi-unit buildings. Mayor Pro Tem Castro also asked staff to look into the issue of the Botanica and provide a report in the green memo. Mayor Pro Tem Castro also stated that the City is still funding senior programs through the CDBG grant and speaking for Council, she stated that it has been a priority to make sure that the budget cuts do not hurt the senior citizens and the senior programs. Mayor Santillan reminded everyone that the Members of the City Council do have full time jobs and it is very hard to attend all of the City events. Mayor Santillan stated that aside from Council, they also sit on various boards. Further, she .stated that Council does not tell the residents everything that goes. on, but they are on top of everything: Mayor Santillan then reminded everyone that the nomination period for election to the City Council would open on July 13th and she asked the City Clerk to put some information together for candidates so that no one makes any mistakes or gets hit with. fines from the FPPC as she did. Mayor Santillan then asserted that there are a lot of business owners in violation of the banner ordinance and that the City does not single out any person or race. She then assured the. audience that Council would look into the Felix Botanica complaint: Council Member Morton commented on the news conference that Sheriff Lee Baca held on the steps of City Hall in Los Angeles, against the proposed takeover of City funds by the state, and stated that he was there representing the City of Lynwood. Mr. Morton warned everyone about-the group Voters Against Corruption and asked that people be very wary about anyone they support or of any of their campaigns going against .good people. Mr. Morton then read Section 2-2.8 of the City of Lynwood Municipal Code and asked the City employees to not be intimidated by Council and instead only be worried about reporting to the City Manager, as stated in the Municipal Code. Council Member Flores thanked the residents for attending the meeting and allowing them serve as Council Members. PUBLIC HEARING Item #8. URGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND PROHIBITING EXISTING BUSINESSES FROM DISPENSING MEDICAL MARIJUANA It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to open the public hearing. City Manager Roger Haley introduced the item regarding the consideration of an ordinance temporarily prohibiting the establishment of medical marijuana dispensaries. ' It was moved by Council Member Rodriguez, seconded by Council Member Morton, to close the public hearing. After discussion from Council Members, it was moved by Council Member Morton, seconded by Mayor Santillan, to adopt the ordinance. ORDINANCE SECOND READING NO. 1615 ENTITLED: AN URGENCY INTERIM ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA, EXTENDING ORDINANCE NO. 1609, TEMPORARILY PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND PROHIBITING EXISTING BUSINESSES FROM DISPENSING MEDICAL MARIJUANA, FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores,- to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE. ABSTAIN: NONE ABSENT: NONE Item #9. MINUTES OF PREVIOUS MEETINGS: Special Meeting -April 1, 2009 Item #10. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2009.107 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THREFORE Item #11. PROPOSED STREET VACATION - PORTION OF SUMMERDALE STREET BETWEEN MCMILLAN STREET AND SOUTH CITY BOUNDARY LINE RESOLUTION NO. 2009.108 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ' ITS INTENTION TO VACATE THAT PORTION OF SUMMERDALE STREET BETWEEN MCMILLAN STREET AND SOUTH CITY BOUNDARY LINE Item #12. ACCEPTANCE OF . IRREVOCABLE EASEMENT OFFER OF DEDICATION AT 3352 ELIZABETH AVENUE . RESOLUTION NO. 2009.109 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3352 ELIZABETH AVENUE Item #13. PROPOSED VACATION OF FIRST ALLEY NORTH OF PLATT AVENUE BETWEEN MCJRIEL DRIVE AND 1NOODLAWN AVENUE RESOLUTION NO. 209.110 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE FIRST ALLEY NORTH OF PLATT AVENUE BETWEEN MURIEL DRIVE AND WOODLAWN AVENUE Item #14. PROPOSED VACATION OF FIRST ALLEY -EAST OF ALAMEDA STREET BETWEEN 111T" STREET AND NORTON AVENUE RESOLUTION NO 2009.111 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE FIRST ALLEY EAST OF ALAMEDA STREET BETWEEN 111TH STREET AND NORTON AVENUE Item #15. ACCEPTANCE OF PELLEUR AVENUE, CORNISH AVENUE, COLYER AVENUE, JACKSON AVENUE AND 2668 M.L.K. JR. BOULEVARD STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.949 RESOLUTION NO. 2009.112 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CHANGE ORDER NO. 2 FOR THE PELLEUR AVENUE, CORNISH AVENUE, COLYER AVENUE, JACKSON AVENUE, AND 2668 M.L.K. JR. BOULEVARD STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.949; ACCEPTING SAID PROJECT AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION Item #16. PARTNERSHIP WITH HABITAT FOR HUMANITY OF GREATER LOS ANGELES ON THE NEIGHBORHOOD' STABILIZATION PROGRAM-2 RESOLUTION NO. 2009.113 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD APPROVING A PARTNERSHIP WITH HABITAT FOR HUMANITY OF GREATER LOS ANGELES TO CREATE A PROGRAM TO ACQUIRE. AND REHABILITATE A MINIMUM OF 30 UNITS OF AFFORDABLE HOUSING IN THE CITYOF LYNWOOD UTILIZING NATIONAL .STABILIZATION ACT FUNDS Item #17: APPROVAL OF AN AGREEMENT TO CONDUCT A DATA GAP INVESTIGATION AND ACQUIRE A REMEDIAL ACTION PLAN FOR THE SOUTH EAST CORNER OF LONG BEACH BOULEVARD AND 1- 105 FREEWAY RESOLUTION NO. 2009.114 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO APPROVE AN AGREEMENT. TO ENGAGE A .CONSULTANT TO CONDUCT A DATA GAP INVESTIGATION AND ACQUIRE A REMEDIAL ACTION PLAN FOR THE SOUTH EAST CORNER OF LONG BEACH BOULEVARD AND I-105 FREEWAY Item #18. SPECIAL PERMIT REQUEST -TRAVEL AND TOUR EXPO Item #19. Mayor Santillan pulled Item #19 -RECOVERY ACT -MEMORANDUM OF UNDERSTANDING Mayor Santillan commended staff on the work they did to get this grant. It was moved by Mayor Santillan, seconded by Mayor Pro Tem. Castro, to adopt the resolution. RESOLUTION NO. 2009.115 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN DESIGNATED JURISDICTIONS AND THE CITY OF LOS ANGELES RECOVERY .ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #20. HARRIS AVENUE/ALVADA STREETNVALDORF DRIVE WATER MAIN DESIGN PROJECT NO. 4011.67.950 RESOLUTION NO. 2009.116 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT CHANGE ORDER. IN THE AMOUNT OF $8, DESIGN CONTRACT WITH APA ENGINEERING, INC. FOR THE DEOGN O ANEW WATER MAIN ON HARRIS AVENUE, ALVADA STREET AND WALDORF DRIVE AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT CHANGE ORDER Item #21. SANBORN AVENUE IMPROVEMENT PROJECT ENGINEERING DESIGN CONTRACT AWARD RESOLUTION NO. 2009.117 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF LYNWOOD AWARDING A CONTRACT IN THE AMOUNT OF NOT-TO-EXCEED, $14,980 TO APA ENGINEERING, INC. FOR THE DESIGN OF SANBORN AVENUE IMPROVEMENT PROJECT, AND AUTHORIZING THE ,MAYOR TO EXECUTE THE AGREEMENT NEW/OLD BUSINESS Item #22. REQUEST FOR SPECIAL PERMIT: CORTLAND STREET -STREET CLOSURE City Manager Roger Haley introduced the item regarding the request for special permit. After discussion from Council Members, it was moved by Mayor Santillan, seconded by Council Member Rodriguez, to approve the street closure from 1:00 p.m. to 6:00 p.m: with the fee waiver. AYES: COUNCIL MEMBERS FLORES, MORTON RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23. BLOCK WATCH CAPTAIN REQUEST FOR SPECIAL PERMIT: 3900 BLOCK OF PALM AVENUE -STREET CLOSURE City Manager Roger Haley introduced the item regarding the request for special permit. After discussion from Council Memrove the staeetncolosure froma1:00 prm to 6:OOap m~ seconded by Mayor Santdlan, to app with the fee waiver. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #24. CONSIDERATION O ANDNPENALTY FEES FOR PROPERTIES WITH PROCESSING FEE REPEAT GARAGE CONVERSIONS Director of Development Services Jonathan Colin introduced the item regarding special processing fees and penalty fees for properties with repeat garage conversions. It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan to waive reading and introduce the ordinance for first reading. FIRST READING OF ORDINANCE ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 3 PUBLIC SAFETY OF THE MUNICIPAL CODE TO INCLUDE REGULATIONS AND PENALTIES APPLICABLE TO PROPERTY. OWNERS WITH DOCUMENTED HISTORY OF REPEAT VIOLATIONS OF GARAGE CONVERSIONS AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE . ABSTAIN: NONE ABSENT: NONE Item #25. CITY COMMISSION, BOARDS AND COMMITTEES Council Member Flores introduced the item regarding City commissions, boards and committees. It was -moved by Council Member Flores, seconded by Mayor Pro Tem Castro, to eliminate the stipends provided to the commissions and for staff to bring back the appropriate documents. After discussion, Council Member Rodriguez made a substitute motion, seconded by Council Member. Morton, to reduce the stipend from $50 to $25 and for staff to bring back the appropriate documents. After further discussion, Mayor Pro Tem Castro made a subsequent motion to eliminate all commissions other than the Planning and the Personnel Commission. This motion died due to the lack of a second. A vote on Council Member Rodriguez's substitute motion commenced as follows: AYES: .COUNCIL MEMBERS MORTON, RODRIGUEZ, AND SANTILLAN NOES: COUNCILMEMBERS FLORES AND CASTRO ABSTAIN: NONE ABSENT: NONE Item #26. ADOPTION OF A CITY DONATION/FEE WAIVER POLICY City Attorney .Fred Galante introduced the item regarding the adoption of a City ~~ Donation/Fee Waiver Policy. It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to approve the Donation/Fee Waiver Policy. RESOLUTION NO. 2009.120 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE -CITY OF LYNWOOD DONATION/FEE WAIVER POLICY AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTIL:LAN NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Mayor Pro Tem Castro, .seconded by Council Member Flores, to approve the use of Mayor Pro Tem Castro's discretionary funds to fill request.. for scholarships. RESOLUTION N0.2009.121 ENTITLED: A RESOLUTION OF THE CITY COUNCL OF THE CITY OF LYNWOOD AUTHORIZING THE OFFER OF $150 SCHOLARSHIPS TO FOURTEEN HIGH SCHOOL STUDENTS AT FIREBAUGH HIGH SCHOOL AYES: COUNCIL MEMBERS FLORES, CASTRO AND SANTILLAN NOES: COUNCIL MEMBERS MORTON AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #26-A. PROPOSITION A -EXCESS FUNDS City Attorney Fred Galante introduced the item regarding the Proposition A -Excess Funds. It was moved by Council Member Morton, seconded by Council Member Rodriguez, to add this item to the agenda. AYES: .COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE After discussion, it was moved by Council Member Morton, seconded by Council . Member Flores, to approve Option #2 listed on the staff report: funding the gap at the time the project is ready for construction. ,. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND . SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION It was moved by Council .Member Rodriguez, seconded by Council Member Flores, and carried to recess to closed session at 7:15 p.m. The City Council reconvened at 7:53 p.m. City Attorney Fred Galante stated that the Council. met in closed session and with respect to the following matters: Item #27. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision (a) of section 54956.9:)' 1. Name of Case:. Bennie. L. Robinson v. City of Lynwood Claim No. 08-04-50B -Case No. BC684862 Discussion was held. No reportable action was taken. 2. Name of Case: Cox v. City of Lynwood i Case No. LASC TC 02160 Discussion was held. No reportable action was taken. ADJOURNMENT Having no further discussion, it was moved by Council Member Morton, seconded by Council Member Rodriguez, and carried to adjourn the regular Lynwood City Council- meeting at 7:57 p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk LYNWOOD CITY COUNCIL SPECIAL MEETING June 23, 2009 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:09 p.m. Mayor Santillan presiding. Council Members Morton, Rodriguez, Castro and Santillan were present. Council Member Flores was absent. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS/PROCLAMATIONS • Firefighter Specialist Timothy Panza received a Proclamation for "Firefighter of the Year". • City Manager Roger Haley. received a Certificate of Recognition in honor of his 1St place finish in the 10th Annual Canopy golf tournament in memory of Gaylord F. Map, former City Manager of Cerritos, CA. • Arturo Ramos received a proclamation in honor of his community and school district involvement. • Ms. Sandra Clayborne received a certificate of recognition for her, retirement after 37 years of service in the Lynwood School District. • Albert Valdespino received- the Mayor Teacher Apple Award. • Carlos Agredano was recognized as the Citizen Athlete of the Month award. • Sarah Hackett received the Rally Behind the Resident Award. • AI Higa was recognized as the Coach of the Year. • .Bernice Jacobs receive the Principal of the Millennium Award. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:52 p.m. .PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE. PUBLIC ORAL COMMUNICATIONS NONE PUBLIC HEARING Item #8. ..EXTENSION OF AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE'. SECTION 65858 ESTABLISHING A TEMPORARY MORATORIUM ON THE APPROVAL OF APPLICATIONS TO CONSTRUCT, MODIFY, OR PLACE WIRELESS COMMUNICATION FACILITIES WITHIN THE CITY Director of Development Services, Jonathan Colin introduced this item regarding an extension of an urgency ordinance. It was moved by Council Member Rodriguez, seconded by Mayor Santillan, to open the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Santillan, to close the public hearing. After discussion from. Council. Members, it was moved by Council Member Rodriguez, seconded by Council Member Morton, to adopt the ordinance. ORDINANCE SECOND :READING NO. 1615 ENTITLED: AN URGENCY INTERIM ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA, :EXTENDING ORDINANCE NO. 1609, .TEMPORARILY PROHIBITING THE ESTABLISHMENT. OF MEDICAL MARIJUANA- DISPENSARIES AND PROHIBITING EXISTING BUSINESSES FROM DISPENSING MEDICAL MARIJUANA, FOR AN ADDITIONAL TEN.MONTHS AND FIFTEEN DAYS AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, AND SANTILLAN NOES: COUNCIL MEMBER CASTRO ABSTAIN: NONE ABSENT: COUNCIL MEMBER FLORES CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Council Member Morton, to approve the consent calendar and receive and file staff reports. Item #9. NOVEMBER 3, 2009 GENERAL MUNICIPAL ELECTION RESOLUTION NO. 2009.122 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2009.123 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE: A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2009.124 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009 AYES: COUNCIL MEMBERS CASTRO, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE. ABSTAIN: NONE ABSENT: COUNCIL MEMBER FLORES CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Pro Tem Castro stated that she had to excuse herself, and left the meeting at 5:55 p.m. Council Member Morton commented- on the different rebates available from the Gas Company. Council Member Morton thanked everyone for attending the meeting. Mayor Santillan commented on the Bingo event at the Senior Center and how much fun she had. She asked staff to provide Council with a report on how much profit is made... from this event. Mayor Santillan then commented on-the success of the prostate cancer screening event and she encouraged residents to go get screened. ADJOURNMENT Having no further discussion, it was moved by Council Member Morton, seconded by Council Member Rodriguez, and carried to adjourn the special Lynwood City Council meeting at 5:57 p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk ~~-`~#~~` AGENDA STAFF REPORT ~~~ ~ -~ DATE: Augus# 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Robert S. Torrez, Assistant City Mane- Administrative & Community Services Lilly Hampton, Accounting Technician SUBJECT: Approval of the Warrant. Register Recommendation: Staff respectfully: recommends that the Lynwood City Council approve the warrant register for Fiscal Years 2008-2009 and 2009-2010. --------------------- Attached Warrant Register dated August 4, 2009-------------- I°fEM N N C L O O C C A C1 <D N y 7 O .-„ '~ 3' O' y ~ ~ ~ (D ~ '~ n ~ a N n~ v a- v W W N N O O O O W V A Z rn Z D r m m z c m m n m C7 _~ W .~ W O ~ I N ~ O ~ O O _O i W j W ~ W -~ 2 m D Z O z m 0 m r r O Z N O I` co o ~ _ ~ ~ ~ o ~ o o m m iv n D o o> ~ ~ ~ . 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O ~ - O (T O O O O O Cb ~(D O O ~ W _ O V ~ CO ~ V (T O ~ O V (b (b O (b O W W W W N N O O W (b (O (b (T (O (b .-. r ° ~ r ° (T' ~ Z -+ (T (n ~ TI N°m ~ ° o 0° N p N N N p ~ Y oD~o ~~ ° D N= j r ° ~ m ~ ' IV r _ ~ (l1 r _ - c n -CC{{ W W G W W 41 ~ ~ o r m r ~ Q1 D~ N m D ~ m A Ul 01' v o o y ooOoo o 00o cn ~ ~ cn o N ~ (p m 01 ~ O m IV N Z7 N tJ D N r (p [O j~' CO tp :U (O r V ~ V ~ ~I ~ N N N j ~ (A O tJ (T 7 c cn ~ b~ < cn ~ o~ < o 0 0 o m o~ o~ b~ O ~ m b~ ~ C C cn cn p w b~ - 'a~ b~ - ~ D ~ cT m m z u, C o~ cn o b~ D C1 N o n N n o N N A N N o o~ o o D w W N N N o< o r o< W ~ o p N o ~ A w - ~ 0 ~/] _ C/I C 7 O (7 CT CT Q (T -Cll (T A (T D (T C II ~ _ G11 N (~ (I1 . 1 . ~ A -~ . - ~ - ~ m z ~ D m D m p ~ - m 0 z z A z n ~ o o ~ n ~ cn z 0 D ~ D ~ ~ r 0 0 v o O ~ ~ o ` m ~ o m o 0 m m a ~ m Z z Z a Z d a v d 0 m W p A w V V Oo (D m [O (O OVO (n V J fJJI O O N CWT T T A 0 0 N N _ N N Ul v N N W N N D A A O t0 V N O (p (b m (10 3 CT (P A (p O V O N N V J CAC) CD V V O W (b A O CT Cl1 [T lJl V1 (T C W W (p A. 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W W - O (VO A W 7 O N 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ rn rn rn rn au ~ rn ao rn rn p 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0_ o o_ o_ 0 0 0 0 0 0 0 ~ O O O m --~ N V ~ OV A V W ~ N N ~ ~ Cll Qo V N A a) ~ W "p A A= A A (Tl -' T N 1 N .Z7 ~ "I -+ 1 N~ V (7 D ~ o o y o o Z o 0 0 0~ m ~~ ~ ~ m o m m O . ~ ~ ~ ~ ~ ~ ~ O O Z .~ D ~ ~ ~ ~ ~ ' ~1 'il a1 a) '~ m Q7 Z a1 O Vt ~ A D O> ~ ~ ~ lA D ? _-I o m N N~ ~ ~ m o~ cn cn ~ o o cn ~ cn ?i o' o_ ~ ctDii coin D m rn ~ m A ~ rn ~° w cn ~ ~ ~ ~ w Cn N m rn u, <~~ ~ o mm o m o < o ={ o~ o< o~ o b> Z ~ b~ m rn om Z ~ G ~ D~ C'1 m O b~ O ~ (~ m~ n N N N S2~ N N ~G7 N-.m Vt C N Ul A Z N Z .N fA N m o ~ 0 0 0 0 ~ o~ ~o ~ o O ~~ o~ o o~ c cn ~ cn cn ~ cn cn ~ cn m o m cn m m < cn m cn WO cn ~ ~ z n ~ p m cOn D Z m "~ ~ ~ n ~ v < m < m ~ m ~ D ~ ~ ~ m ~ m D ~ ~ ~ m n ~ ~ ~ G7 ~ 0 0 0 .°~. o 0 0 0 m d ~ d m m m d d v m m A N lNl~ C)i U ~ N N N W OUI ~ A A G O C7 W 0o N N to (n W cD A O O A A D (,A Ul W~ ~ V V o 0 A A ~ OD 30 O O A V V W W N Ul N N - O O 0 0 U A O to (71 T O Oo W O O ~ O O W OD tlf N N Oo OD U W O O ~ V Cif N ~ ~ H N •+ O O 10 N O A A I n i ~ O O C -w n r s ~ ~ c r o ~, a v m 0 m A m rn rn rn m rn m O O O O O O O N N N N N N N J v m ~ A W N o O n ( O] Oo W Oo OD W O] A A A A A A A N N N N N N N O O O O O O O 0 c0 <O (O (O (O [O c 0 O O O O O O O O O O O O O O Cn N ~ N O ~ O N N ~ O ~ Q j p ' - V C TI N ~ N ~ W - A ~ m o z n ~ a o W m O O ~ D = C n ` ° ~ m _ ~ z ~ v ~ Z -i O D m ~ z p, Z ~ p ~ m O z ~ ~ p ~ ~ 0 N W A N O ~D O O A N N D D Z D v m. z n < m ~ o m O G 7 N n ~ S O ~ p a m Oo N A ° U N N ~ O ~ O ~ ~ (D ~ O ~ O (p W ~ A ~' A ~ D -1 1 O W N ~ A ~ v ~ .. ~ ~ W Q j < ~ O . 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G7 D ? A A. p Uf 1 ~ A C7 W W ~ ~ '~ Gf C to D cn r cn r cn cn cn R7 0 2 cn r o o C ~I D o~ 'o, ~~ (] A (~ W W A Z W r A m N N -'~ (O -~ V~ G o Z ~ O UAi O ° ? o -~ ~. '~ o ~ o o ~ - ton Z o ~ (11 (n N --1 N -I O O N f ~ .Z7 N ~ ~ ~ ~ ~ (/1 p ~ n o C o h o ~ o fem. O o D o o D o C w n ~ o ~ cn ~ cn ~ in ~ ~ cn ~ o o ~ o ~ c~OC C ~ ai ~" ~" ~ z n ai m ~ ~ ~ ~ ~ ~ ~ O m ~ v n n ti m ~ ~ D w ~ ~ ~ ~? ~ ~ 0 0 D o 0 0 o v o 0 a d = m m a~ m ~ m a N O1 (.J --` O ~ p m V ~ O A m p A r _~ ~ A~ W N m CAIt A fA0 cA0 A A O W W 01 m V ~Va ~ 3 N N N O N m O N - t0 (O O O 111 N N O O A A p ~ N ~ .A N A !O 01 t0 [O O O OD (O CO Uf (]1 O O O C (O -+ ~ O f0 -+ (D (O 00 Oo O O U N -W O O O O O ~ o ~ V n N ~ N ~+ O O t0 N O A A O O C n r s ~ 1 o r o ~ a v m O v m cc m V rn rn m rn m rn rn rn m o m O O O O O O O O O n ~ li N N N N N N N N N c0 ~ fD t0 c0 (p OD av Oo aD S [f A W N ~ O (D W V m N p I ao A N O O (p 0o A N o O (D au A N 0 O cD O A N 0 O c0 O ? N o O (p aD A N O O (p aD A N o O tD W A N 0 O (p W A N 0 O (p p N N 411 '~, ~ ~ ~ ~ ~ O O O m O W A O O W O O N O O c0 O ~ O O W o ! A ~ N ~ p m D ~ m o D D p ~ D ~ D D rv ~ Z n ~ O D ~ ~ n ~ Q D ~ c z r ~ ~ C ~ W ~ n O D Z '~ ~ ~ -o C O Z ~ < n °o ~ n O ~ ~ ~ z (7 m oo ~+ m m ~ ~ r r m ~ ~ w o cn ~ -< o - r Ql Cn Cll V O1 V W ` V (p V A O O O N (W71 (ill A ~ Ut ~ W ~ - cV0 O ~ N O ? ~N O V W W ? W ~ N N O Du O W O ~ Q) -+ W ~ () O O] p O aD ~ c m n 0 A 1 0 0 0 0 0 0 0 0 0 0 o O N A N A W W V O a1 p1 V O O O O O O O O O O O ~ O O O O O O O O_ O O O ~ - O ~ N O O N m N N N Vt W O W Cn Cn m A N N W V W O cp A W W (D m O7 O ° o ° ~ ° ~ ° m ° m ° m ° D' ~° D ° ~ ~ n o b o ,g .,OHO ~m ~~~ ~~ -i' ~~~A m w '~ in ~ w ~ in 'D -. In ~ Cn in ~ i+ m a a D in ~ o C o m o m o = cn 'D cn ~ cn Z ~ ~ ~ ~ ~ 'o ~+ ~ 'IV ~ o~ ~ ~ ~ ~, p ~ D _, D ~ ~ A D A 1 ? ~_ b~ c '(p m O~ ~ O - O H O ~O N r N N ~~ O a7. 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O O O O O O O O O O O O O O G N W (~71 W A W W O O d Ul N W O) -• O N - N W A ~ V O c0 O ~` ~ ~ z ~ ~' m D n z ~ o -~ ~ m ~ = ~T7 X = °o ~ ~ ~ ~ ~. ~ o n z m Z z ~ ~ ~ Z T o ~ m ~ ~ r r - -I O W n r" ~ c O n z m D O A ~. ~ ~ CO ~O O) ~ (,,1 W 41 W W 0 m O 0 j O1 N O~ O-. O ~ ~ ~ ~- N O O 0 1 ( JT ( 11 N -+ O (O Oo V O ~ '. JI C V N N N S O 0 m C) A O f D [ O [ O s ~ ~ O O O o ) W (NO ~ - ~ O. _ _ W N C1 ~ C O O O O C1 W N 7 f S 7 ~ 1 n O r O a 0 0 0 0 0 0 0 0 0 0 0 0 0 O O1 O) 01 O)~ (O au Oo Oo Oo N V o O O ~O O O O O O O ~O O O O ~ O_ O_ O O O_ O O O O O_ O_ O_ O O O O O O N N N ' N N ~ ~ j V O O O Q) N O cD (O ~O tD (O ~ N N N N N ~ W O O t0 (O O A A A O) Oo O) O W A . 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O < ` A N S N ~ O O t0 (71 O N OAO ~G n r ~ ~ ~ o r o a m co ~o W CA O l~ O j A A A O O w n n A ~ ~ ~ O (fl 7 O 0 ? ~ 0 N ~ W O N ~ Ut o a ~ ~ D ~ .. ~ z G7 o v ~ z ~ ~ ~ c -~ c D r W O N O O O O CT ~ ~ , O O ~ O O ~ W N ~ ? I N N ~ O O ~ CO tD O O i O_ CIt ~ ~ ~ A O ~ m G7 00 ~ ~ n O0 o ° m z c m m z m V ~ N O ~ O ~ (7 0 c a ~ W y i ~ i O O a m ~I 7 ~ ~ ~ N 7 ~, ~ ~,,,,,~ ~ v o m o 0 0 0 0 o m ~ cn cn-~-~-»~ ~ o ~ ~ ~ ~ J 1 ~ ~ W Z CT 0 0 O CT O~ ~ .A V V V f+l V Q =~ (T -~ A N W A O O O O O O O CT Z ~ D CWIi ~ UOi COIL UOi Colt . (n CD1 ~ °o °o °o °o °o °o m o y cn cn cn cn cn cn ~ c C7 C7 ~ m < W ~ A ~ ~ ~ O O O O y ~i ~'i N ~1 A A ~D tD N N ~ D > ; A A ~ W (O 00 V N v C70 V V ~ 00 CA W CT W (b Ut (O -+ ~~ 1A ? CA (T W V Ul O (P CA V O O O V V O W Ut V W O O N ,~.' o < V A N ? ~ N N ~+ O O m Cfl O N n ~ ~ M = ~" ? ,C N ~ 1 o r o 'CI v (O N A AGENDA STAFF REPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works/City Engineer ~• Josef Kekula, Civil Engineering Associate .. Antonio. Perez, Civil Engineering Assistant SUBJECT: Acceptance of Irrevocable Easement Offer of Dedication at 2719 Fernwood Avenue Recommendation: Staff recommends that the City Council. adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 2719 FERNWOOD AVENUE". Background: Site plan review No. 2007-13 was approved by the Site Plan Review Committee meeting on April 24, 2007. The site plan (see Attachment A) included development asingle-family residence, two-stories in height with an attached two- car garage, includes an irrevocable offer of dedication fora 10 foot wide strip for street purposes. Discussion & Analysis: Fernwood Avenue is a designated Collector street and as such the ultimate required right-of-way is 60 feet. The proposed 10-feet dedication is needed for future street widening purposes. As part of the conditions of approval the developer has agreed to an irrevocable easement offer of dedication for street purposes. AGENDA ITEM Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney's Office City. Clerk=s Office City Manager's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 2719 FERNWOOD AVENUE WHEREAS, the conditions of approval for the development of a single- family residence,. two-stories in height, with.. an attached two-car garage at 2719 Fernwood Avenue (SPR Case 2007-13) require an irrevocable easement offer of dedication for a ten (10) feet wide strip along 2719 Fernwood Avenue (as shown on attachment "A"); and WHEREAS, the City Council of the City of Lynwood has determined that the said ten feet dedication is needed for future street widening purposes; and WHEREAS, as part of the conditions of approval, the developer has agreed to an irrevocable easement offer of dedication for street purposes; and WHEREAS, the 10 feet of dedication has been reviewed and recommended by the City Engineer. 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 accept the irrevocable easement offer of dedication for street purposes from Fernwood Group LLC as described below: The southerly ten feet of Lot 60 of Tract No. 921, being a subdivision of the M.H. Bellinger 1602 Book 55 at page 28 Miscellaneous Records of Los Angeles County, State of California, in the office of the Los Angeles County Recorder, a portion of Assessor's No. 6191-005-011, commonly known as 2719 Fernwood Avenue, Lynwood, CA 90262 Section 2. This resolution shall take effect immediately upon its adoption.. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of August, 2009. Maria T. Santillan Mayor 3 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of 2009, and passed by the following vote: •• AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 2009. City Clerk, City of Lynwood s Y N O O v a O O m v n ryry~~ < b y 4 W A O m ~D -'~ m ' Z O O ~ y ~a ~Q, 2 ~~'s s et ~~ s~ Oe m > t O u s w 49 ~O I . ~~ Z~' ti Sp ~~ wJVO` Lit ,'~4 2i , ~%4 0 o ~~® ti;,r ~° ..e. O~O~ E,Q~~o ~ 1 6~0 O ~ °'• sQ O ~d_ ~+, F oti~ .~~ ELF o5 ~~ Y=om`` a ~~ rn r _ v 1 O J T~ ..I 0 ~, Op ~ OS 4wti~' ~~~R .~~ V '%~~~ FS 9~ a 6L V~ V ti S .,~o '', 0 Fyn ~~(al :+- ~ o D cCJi LD m m ~~ = i, m Q n D m 0 ATTACHMENT "A" ~. W o ro ti a ac ~~ 4 N a w N O DATE: TO: APPROVED BY ,. PREPARED BY AGENDA STAFF REPORT August 4, 2009 Honorable Mayor and Members of the City Council Roger L. Haley, City Manage G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Adoption of Plans, Contract Documents and Working Details Lavinia Avenue Improvement Project, Project No. 4011.67.955 Harris Avenue Improvement Project; Project No. 4011.67.956 Olanda Street Improvement. Project, Project No. 4011.67.965 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE- CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DdCUMENTS AND WORKING DETAILS FOR THE LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955, HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956 AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.965; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATIONS AND TRANSFERS". Background: The Lavinia Avenue Improvement Project (from Harris Avenue to Atlantic Avenue), Harris Avenue Improvement Project (from Agnes Avenue to Lavinia Avenue). and Olanda Street Improvement Project (from Carlin Avenue to Wright Road) are listed in the Capital Improvement Program for FY 2009-10. These projects entail the pavement improvement, reconstruction of damaged curbs and gutters,' driveway approaches, wheelchair ramps, and pavement striping. AGENDA ITEM The plans, contract documents, and working details of these projects have been prepared by the City's design consultant, APA Engineering, Inc., and are now complete and ready for adoption by the City Council. Discussion and Analysis: Pursuant to California Public Contract. Code Section 22039 and Lynwood City Code Section 6-6.7, the City is required to adopt plans, Contract Documents and working details for all public projects exceeding $125,000. The construction cost estimate for the Lavinia Avenue Improvement Project is $276,675, $83,494 for the Harris Avenue Improvement Project and $113,033 for the Olanda Street Improvement Project. Fiscal Impact: The cost estimate for these projects. are as follows: Lavinia Avenue Improvement Protect • Construction cost: $ 221,340. • Construction contingencies 15%: $ 33,201 • Construction administration and .inspection 10%: $ 22,134 $ 276,675 The project budget is currently funded with $198,000 of Prop C funds. Staff has identified an additional $.79,000 of Prop C funds that are available. and can be used for this project. Harris Avenue Improvement Proiect • Construction cost: $ 66,795 • Construction contingencies 15%: $ 10,019 • Construction administration and inspection 10%: $ 6,680 $ 83,494 The project budget is currently funded with $97,000 of Prop C funds, which- are adequate to cover its construction cost. Olanda Street Improvement Proiect Street Construction cost: $ 90,426 • Construction contingencies 15%: $ 13,564 • Construction administration and inspection 10%: $ 9,043 $ 113,033 2 The project budget is currently funded with $68,000 of Prop C funds. Staff has identified an additional $45,000 of Prop C funds that are available and can be used for this project. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 3 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE LAVINIA AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.955, HARRIS AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.956 AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.965; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATIONS -AND TRANSFERS WHEREAS, the plans, contract documents and working details for the Lavinia Avenue Improvement Project, Project No. 4011.67.955, the Harris Avenue Improvement Project, Project No. 4011.67.956 and Olanda Street Improvement Project, Project No.4011.67.965 are complete and ready for the City Council of the City of Lynwood's review, consideration and adoption; and WHEREAS, the Lavinia Avenue Improvement Project is funded with $198,000 of Prop C funds; and WHEREAS, the estimated construction cost of said project is $276,675; and WHEREAS, additional Prop C funds are available for this project; and WHEREAS, the Harris Avenue Improvement Project is funded with $97,000 of Prop C funds, which are adequate for its estimated construction cost; and WHEREAS, the' Olanda Street Improvement Project is funded with $68,000 of Prop C funds; and WHEREAS, the estimated construction cost of said project is $113,000; and WHEREAS, additional Prop C funds are available for this project; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that said projects are in accordance with the California Environmental Quality Act (CEQA) and are categorically exempt pursuant to Section 15301 (C) of the CEQA guidelines pertaining to statutory exemptions; and WHEREAS, the projects are ready to be advertised for the solicitation of bids. 4 NOW, THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the Lavinia Avenue Improvement Project, Harris Avenue Improvement Project and Olanda Street Improvement Project are in conformance with the California Environmental Quality Act (CEQA) and are each categorically exempt. Section 2. That the City Council of the City of Lynwood hereby adopts the Plans,- Contract Documents and Working Details for the Lavinia Avenue Improvement Project, Project No. 4011.67.955, Harris Avenue Improvement Project, Project No. 4011.67.956 and Olanda Street Improvement Project, Project No.4011.67.965. Section 3. That the City- Council of the City of Lynwood authorizes the solicitation of bids for said projects. Section 4. That the City Manager or designee is authorized to make the following funds appropriation and transfer: FROM TO Prop C Improvements Lavinia Avenue Improvement Project Project 4011.67.997 Project 4011.67.955 $79,000 $79,000 Prop C Improvements Olanda Street Improvement Project Project 4011.67.997 Project 4011.67.965 $45,000 $45,000 Section 5. This resolution shall go into effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of August, 2009. Maria T. Santillan Mayor s ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that-the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: .. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted ` on he date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood AGENDA STAFF REPORT DATE: August 4, 2009 TO: ° Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag S. Torrez ACM/Admin. & Communit Services Robert , Fred Galante, .City Attorney PREPARED BY: Alfredo J: Lopez III, Director of Human Resources Jeff Jones, Safety/Risk Analyst SUBJECT: Claim for Damages by Raymond White Recommendation: Staff recommends that the City Council reject the claim of Raymond White v. City of Lynwood and direct staff to send a standard letter of rejection.. Background: On March 23, 2009 Mr. White filed a claim for damages form alleging that his vehicle, 2003 Toyota Tacoma Truck, was out of alignment due to potholes on his: street. Mr. White resides at 10780 Cornish Avenue in Lynwood. Discussion 8~ Analysis: The relevant issue before the City Council is whether the street is in such poor condition such that any vehicle, irrespective of the type would be damaged as a result of continued exposure. Based on the inspection by staff in February 2009 related to the prior Lacy Westbrook v. City claim, there were no major potholes or depressions that a resident .driving on Cornish Avenue would continually be exposed. In addition, City records indicate that as recent as February 21, 2006 the Streets Division staff continued to repair potholes as a result of resident complaints. The street in question was completely re-surfaced in March 2009. gGENDA ITEIV~ /Z The photos show the prior condition of the street. At the time the photographs were taken, portions of the street needed to be re-surfaced but there were no potholes or other issues that would cause the type of problem alleged by Mr. White. The City is being asked to pay $69.99 in damages for a vehicle that one must assume was driven in many other cities and roads, and it has in excess of 135,000 miles on the odometer. Furthermore, Mr. White admits to having had his vehicle aligned at 103,000 miles in February of 2007. The City is being asked to pay for maintenance items that are a result of normal wear and tear and that occur to afl vehicles including vehicles like this one with high mileage. We understand Mr. Lacy Westbrook and Mr. Raymond White are neighbors. On March 3, 2009 City Council rejected a similar claim filed against the City by Mr. Westbrook. In summary, staff recommends rejecting this claim because the condition of the street did not damage Mr. White's vehicle. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney Public Works Finance and Administration Attachments: Repair Estimates Photographs of Cornish Avenue Claim for Damages Form 2 Rev. 8/02) FROM CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA 90262 LIABILITY City Claim Reporting Form CITY OF LYNWOOD MAR 2 3 2009 HUMAN ~ -23~~ DATE FILED CLAIM N_O. " ~ 3 - Z~R' DEPT. ~ 4-: t~ ~ S , COPIES WARD NORTH AMERICA, LP (Original Claun Form) Third Parry Adm'iriistratoc 1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST BE FILED NO LATER THAN S[X (6) MON'CHS AFTER THE OCCURRENCE (Gov. Code; Sec. 9l l.2)_ 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST.BE FILED NOT LATER THAN 011E (t) YEAR AFTER THE OCCURRNCE (Gov. Code, Sec. 9l 1:2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE`SHEETS, IF NECESSARY, TO GIVE FULL' . DETAILS: Name of Claimant: ~~`~"~-~~/~ ~ ~ C~. l,il~ ~'~- ~ p. i Date of Birth: ; ... .Social- Security No.:.. .: :.. _ .., Home address of claimant: ~O ~ $ C~ ~ o r i„4 ~~~ Vim. \9 ~ City: ~ Lyoa~ State: ~A_ Zip Code: O b~ Telephone No.: ~ ~Q " ~ 3a ~~ 0 ~ ~ Give address to which you desire notice or communication to be sent regarding this claim: ~_~l`a~ g City: ~ State: CA Zip Code: ~ O a, b ~. Date of Accident: Time: AM PM Place of Accident: How did damage or injur~ occur? (C'iive full del n ~ ~ Were Sheriffs at the scene? Yes ~ No~ Fite No. (If kiovtin): •What particuCac'act oro~iii,~ssi©n do yoci-claim caiused the injury or damage? Give tte name of the.City :employeec~usingthe`irijiiryordama$e'if~ own: ~ O 1 ~ ~ Give total amount of claimQ(include estimate amount of any prospective injury or damage: t •~~ How was amount of claim computed? (Be specific. List doctor bills, wage rate repair stimates etc.) Please attach two estimates. ~ ,r`~ ~ ~ '~ o S~ ; A~ ~ ~ C] 8 c7 ~~ ~ Qr1 ~ Q1+[ hCr~A~ ~ r----- Expenditures made. on account of accident or injury (date and item): (~~t.9~' Name of address of witnesses, doctors and hospitals: _ ~~ PI:EASE READ THE FOLLOWING CAREFULLY For all accident claims,.place on following diagram na~ttes of stree."ts, incCuding:Nortli; East,°:Soath and West; indicate place of accident by "X" and by showing house numbers or distance to street: corners. If City vehicle.was involved, designate by letter "A" location of City vehicle when you fustsaw:{t`and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the time of accident by "A-1".and location of yourself or your vehicle at the time of the.accidettf by"B=1" and the point of impact by "X". Note:, If diagrams below do not fit the situation, attach a proper diagram signed by claimant FOR AUPOMOBQE ACCIDENTS ::. . _ carte _~ ((~~ }} l,'o~Cy ~sLt FOR OTE~R ACCIDENTS smEw,ux . . i ~ ~i ~ G ~ ~ g ~ F ~' ~ m ~ coma P WA. ~C.~ s'~„w`r r. I HAVE .READ THE FOREGQING CLAIM AND ~ KNOW THE CQNTENTS -THEREOF: A1'QD CERTIFY THA`I' THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MAT~ER,S NCH ARE MERE; STA"~'~D UPQN..MY INFORMA"I'tQN. AND BEL~F.:s. -AND:=AS TO. . THOSE MATTERS I BEI:IEVE IT TO BE TRUE. I CEKTLF:Y.:(OI~~DICfARE) UNDER- PENALTY OF PERILJRY THAT THE FOREGOWG IS TRUE AND CORRECT_ tI~1~9~ ?a~4i~F "r~? i j}~TtTi~ ~i~' -- , 3I~~ ttrpB8TIR%~. ~~ ~~ Mt~~la~i f±~~t_ ~. a fIFLFlr1~n, CFi 4~ ~~e.j - - t..+ I _.,~ . _ ~~' tt LK.R~ii4[a~~t (.~ ~ J~a ~c. fit{ ~~ i i'I°-F; 1i;~u;~~ ,~ + ~ ~ . _~.. L ?~ ~ ~' ' _ ~ ~'; .`~~..m s ~-y .. r ~,, . r~ nr ... .. ~.. r '~~ ti_~ _ ~s,1,~,yJ,~. s%~.`` r '.fem.. ~ ,. ~ '. -~~`: i•'97 ~r ~! t i3 '~`~~;~.~~ /.. •,a.` '.6+..?-6u_:S,~.as.-s~ .~.t . LABOR ~ ' ;;]!Wj ~_~ }~1 #f`. 3YS<.r~ Xp9'T f..i`.:Ilm fr: 1:i I _ _~ ~.~ _~ f S fit} 4~i1~t41?~ " `~ .:~t~`: r 4? cv.: ir~~~n~t` ~7~t: i ,- ~ . ~...~r .. ~': 4" iri.:r'~3 ~~ ;.-..;.. . .~~{; ~i?~•~ ~~Zi'~L'_.:iScT~`~r~ t~~ir1+i~.~~ i .."aic'~lf~+ ~L~.;G VEHICLE ~, :, ., - ~~ ~. _ ~ _ ~ ~ ti PEAMR A itHt t~'wytNC~ m eG {\~ ~~ '~~: .~-~.--.-~- ., r ~ .~ .. s~oNUU~e ., ,., : , _ PARrs.. I.AHOR OTHE~i .. sueiEr SUBTOTAL. TAX THANK Your L.I ti t7 ~" I ~Ew -.. ict+~; . .5 ~;; y . _~. - f ' - REGL4TMTION VN.UT FROM TYPE MCENSE NUMBER .COME 09/30/2008 TO 09/30/2009 31 8D84532 YEHICIE IDEMIFICATION NUMBER STEGN92N63Z179145 TOYT ~ BODY TYPE MODEL CYLS. DATE FIRST SOLD CLASS 'YR Yr. MadA . PK 00/00/0000 D F 2006 2003 GATE ISSUED ~ 'TYPE V EH. MP A% WC UNLADEN/GICGW ~ TOTAI FEES PAID 09/11/2008 37P 03660. 5171 1900 f- WHITE RAYMOND ~ o OR WHITE ALICE F ' CORNISH AVE w 10 780 s . T . . 262-2218 e LYNWOOD CA 90 . 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NN .- x tr r �3 3 r *4 6 Vft �' x s 5�� t ea s cF' ~ r~.~ g~ :~ .~ f ~~' .. .` _. y, ~ '~e ~ ~ '~ m i. ~' S .Ma 4 ~1~~ 1. r Y, bi` ~ ~ ~ I14 ~ ` ;$ ., ~. O AGENDA STAFF IREPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Robert S. Torrez, Assistant City Manager - Adminis r tive and Community Services SUBJECT: Service Agreements Executed Under the City Manager's $15,000 Purchasing Authority From January 1 -June 30, 2009 Recommendation: Staff recommends that the City Council receive and file this report. Background: The City of Lynwood's Purchasing Procedures (established by Ordinance No. 1571) give the City Manager (the City's Purchasing Officer), authority to execute and enter into contracts that are up to $15,000. Discussion & Analysis: Per the Purchasing Rules the City Manager must prepare and submit a report on asemi-annual basis, to the City Council providing a listing of contracts that were executed during the preceding six months. The report shall include routine services and all contracts for professional services that .are between five thousand and fifteen thousand. dollars that were executed under the City Manager's authority. Attachment "A" provides a listing of contracts between $5,000 and $15,000 for the City of Lynwood executed January 1, 2009 through June 30, 2009. The report includes: • Party(ies) to Contractual Agreement • Type of Services Provided • Description of Services • Start Date and Completion Date • Contract Amounts AGENDA lT'IsM Fiscal Impact: All contracts are within the budgeted amount for each department. Coordinated With: City Manager's Office City Attorney's Office All City Departments Attachment: "A" -List of Contracts and/or services between $5,000 and $1:5,000. 2 Attachment A CITYWIDE INVENTORY OF CONSULTING AND TEMPORARY AGENCY SERVICES srr '^~~ ~ ~"".~ ~ r'fT, T!J It ~ ~i 1 i°~ ~~ h~ Cj ~~~~ i ~ ~ it t~ x 11'" r~ Try r ~, ,, ~ t3t a - L q-,7r { Y ~ Y~ I -t.{` ` t~i i ~ ~ f ~ I I, _ s ~ t y` ~ r F f {~ ~ S y~ ~ 1F~ f '~, ~ ~ h . '~r 3 ~ ~ ty ~, 1 ~,,pi p ~'~" '' ~ { ~ L u 4 ~' ~~ ' ~ . , S { es 1C J r r. " n, ~ [ 'Yc Y _ ~K ~r't Y:~ : .: 3E~~ '~1~ G1nJ `S7 f _ : r iY i. '!~ ~ ~ w ~ ~ -r. L.,~ er- .._ Ta ._ . i .. _ ~_~. Consulting Services regarding Plaza +~.wi.+..L. _ . v_...~. . ~ .ICE. n.: ~.rr..~w r'v r~. Mexico it for Phase I Environmental 3 Gannett Flemin Consultant Environmental Site Assessment Assessment. Redevelo ment 009 5/10/09 9 85 j_______~__ Assisting City in preparing shovel ready Browniields projects and coordinating and advising on regulatory agencies related to Brownfield Grant Projects _ Fleming C onsullant Gannett Browniields projects. Redevelopment_ 3/3/2009 8/3/09 $10, 0 00 ___ __ _ _ _ Consulting services for the ___ _ . ___ _ Kosmont & Associates Atlantic/Carlin Project _ ~_~~ Atlantic/Carlin Project Redevelo ment_ ~~ 2/1/2009 _ ~ 12/31/ 09 $14,500 _ ~~~"~ ~ Acquisition appraisal reports and land _ _ ~ ~~~' ____ ~~ value studies for the Atlantic/Carlin . Laurain, Ronald P. HOME Rehab Project. Redevelopment 4/21/2009 6/30/2009 $11,200 _ ;. Fourteen (14) to Twenty-one (21) day notice. Notice inviting RFP/Q`s should be posted at City Hall and on the City's Website at least fourteen (14) calendar days before the due date of submission of the RFP/Q. 4. Notice contents. The notice shall at least describe the general type of service needed, how the RFP/Q minimwn Scope of Work can be obtained, the requirement of a written sealed proposal,. state the closing date, place, and time for submission of the RFPIQ. S. Solicitation procedure. Sealed Request for Proposals/Qualifications should be submitted directly to the requesting Department. RFP/Q's need not be opened publicly. Departments shall analyze proposals for compliance with RFP/Q requirements, value of the total scope of services and make a recommendation to City Council for selection, or for follow up interviews of those subnutting proposals. 6. Award. Contracts for professional/special services in excess of Fifteen Thousand ($15,000.00) Dollars require the approval of the City Council and the signature of the Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code §§ 40601 and 40602. f Contracts for professional/special services should be on the City's standard form and shall be reviewed and approved as to form by-the City Attorney. 6-3.10 City Manager Authority to Execute Specified Co~itracts. The City Manager or his/her duly authorized designee shall be authorized to sign on behalf of the City all purchase orders or contracts for procuring supplies, equipment, routine services and professionaUspecial services which do not exceed a total contract or purchase order amount of Fifteen Thousand ($15,000.00) Dollars in any one year period. 6-3.1i Report of Purchases. a. The City Manager shall file a report of purchases with the City Council on a semi- annual basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding Five Thousand ($5,000.00) .Dollars which were made without prior City Council approval during the preceding six- months of each fiscal year. b. The report shall identify the subject matter of the purchase or contract, the requesting Department, the person or entity from whom the purchase was made, and the aniounts paid or payable by the City or its.Agencies under each such purchase order or contract. 6-3.12 Splitting Purchases or Contracts. No officer or employee of the City or its Agencies shall split or separate a purchase of supplies, equipment or a contract or purchase order for routine services or professional/special for the purpose of evading the provisions of this Section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer. 6-3.13 Exceptions. a. Any provisions of this Section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional/special services under any of the following circumstances: 1. When an emergency requires that an order be placed with the most available source of supply; or AGENDA STAFF REPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana er PREPARED BY: Robert S. Torrez Assistant Cit M~ er - Administrativ Y g e and Community Services SUBJECT: Request to Solicit Proposals for Professional Utility User's Tax Compliance Audits Recommendation: Staff respectfully recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS." Background: The Utility User's Tax (UUT) is a consumption .tax on both residential and commercial users of electric, gas, water, and telephone services. The. rate in Lynwood is 9% and. is set by Resolution No. 2008.196. Discussion & Analysis: In FY 2007, the City collected $6.19 million; in FY 2008, the City Collected $6.58 million; and in FY 2009, the City expects to receive approximately $6.1 million in UUT revenue. The UUT Compliance audits will potentially maximize the City's revenues by recovering any lost revenue that has not been paid to the City. The purpose of this item is to have the Lynwood City Council adopt the attached resolution authorizing staff to solicit proposals for professional Utility User's Tax Compliance Audits. This service cannot be performed in-house due to the complexity and the City's limited staff resources. Utility User's Tax compliance reviews are a specialized area of auditing in which a few companies have the experience and capacity to perform this task successfully. ACE{VDA ITEM The implementation of these, services may increase the UUT Revenue through various compliance activities. As part of the engagement with the awarded vendor, the City envisions the following services to be performed: 1. Perform utility user's tax audits to identify and correct deficiencies; thereby, generating previously unrealized Utility User's Tax Revenue for the City. 2. Inventory and analyze utility service providers/users subject to the City's Ordinance No. 90-191 and updated Resolution No. 2008.196. 3. Review the City's tax payment receipt records and verify that the Utility User's Tax is correctly and completely applied. 4. Document each confirmed error/omission to include the correction date, account identification number, service provider, and Utility User's Tax due the City for prior periods (plus applicable interest and penalties). 5. Forward the audit reporf and all supporting documentation to the City for verification and revenue recovery. The RFP will be sent out to the following consultants and any other agency that requests a copy. Consultants: MuniServices, LLC 7335 North Palms Bluffs Avenue Fresno, CA 93711 Tax Compliance Services P.O. Box 4014 Thousand Oaks, CA 91359 Municipal Revenue Advisors, Inc. 2055 Woodburn Avenue Westlake Villa e, CA. 91361 Audit Head 16761 Busby Lane Huntin ton Beach, CA 92647 Fiscal Impact: The fee for the audit services is unknown at this time; generally these audit firms are. paid a fixed percentage of their findings. If nothing is found, the audit firm would not receive a fee. The cost of these audits is expected to be offset by the additional revenues that it will generate. Coordinated With: City Attorney's Office 2 Attachments: (1) Resolution (2) Request for Proposal 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE PROFESSIONAL UTILITY USER'S TAX COMPLIANCE AUDITS WHEREAS, the City of Lynwood desires to solicit proposals for Utility User's Tax Compliance Audits; and WHEREAS, Utility User's Tax Compliance reviews are a specialized area of auditing in which a few companies have the experience and capacity to perform this task successfully; and WHEREAS, the City desires to recover revenue owed to the City due to underpayment and/or corrections of tax collections of Utility User's Tax Revenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PRQCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council authorizes staff to solicit proposals for utility user's tax compliance audits. Section 2. That the Mayor is authorized to execute an agreement to perform the audits once staff has selected a firm to undertake the work. Section 3. That this resolution shall become effective immediately upon adoption PASSED, APPROVED AND ADOPTED this 4th day of August, 2009. Maria T. Santillan, Mayor 4 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Roger L. Haley, City Manger 5 REQUEST FOR PROPOSALS FOR UTILITY USER'S TAX AUDITS City of Lynwood Finance and Administration 11330 Bullis Road -- Lynwood, CA 90262 Due Date for Proposals: Before September 8, 2009 CITY OF LYNWOOD NOTICE REQUESTING PROPOSALS FOR UTILITY USER'S TAX AUDiT The City of Lynwood is requesting sealed proposals for Utility User's Tax Audits. All proposals must be received by Finance and Administration, 11.330 Bullis Road, Lynwood, California, 90262, before September 8, 2009, no later than 5:00 p.m. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to Finance and Administration in a sealed envelope plainly marked with the proposal title, bidder name, and time and date of the proposal opening. BACKGROUND The City of Lynwood voters approved the City's incorporation on July 1, 1921. The City is situated approximately 13 miles south of downtown Los Angeles at the Intersection of the 710 and 105 freeways in Los Angeles County. The City covers 4.8 square miles. The population of Lynwood was estimated to be 73,935 as of January 2005 by the State Department: The City provides a full range of services contemplated- by the statute, including those functions delegated to cities under state law. These services include public. safety (which are contracted to Los Angeles County), public works, recreational and cultural activities, public improvements, planning, zoning, and general administrative services. In addition to fire and police, animal control and health services are .provided through a contract by the County of Los Angeles. Other services -such as sanitation, flood control and transportation -are provided by special districts with. the .City being a member. Further information can be found on the City's Website, www.lynwood.ca.us. The City of Lynwood seeks to retain a vendor to conduct a review of the Utility User's Tax received by the City for the -next three fiscal years. The, Utility User's Tax (UUT) is applied to four separate services: electricity, telephone, gas, and water. Taxes revenues totaled $2,459,077, $2,275,209, $1,098,375, and, $648,132, respectively, in Calendar Year 2008 for the City's General Fund. In November 4, 2009 Election, the City Council placed Measure 11 on the ballot. The measure was successful and voter's approved a reduction in the UUT to 9%, from the previous 10% rate. The Resolution with the reduced 9% rate was effective December 26, 2009,, 10 days- after the City Council declared the results final. PURPOSE The City of Lynwood desires to engage the services of a professional external, independent firm to conduct audits of the Utility User's Taxes remitted to the City. The purpose of these audits is to determine whether Utility User's Taxes have been properly assessed and paid to the City, to recover any funds owed to the City due to underpayment, and to correct any tax collection errors to ensure that they are properly collected in the future. The engagement is anticipated to begin subsequent to the completion of the selection process and the execution of a contract. Specific deadlines will be discussed by the City and the awarded vendor and delineated. in the contract. The request for proposals does not. obligate the City to award a contract or complete the project, and the City reserves the right to cancel. the solicitation if it is considered to be in its best interest. GENERAL SCOPE OF SERVICE REQUIRED The consultant shall provide the City with comprehensive Utility User's Tax . audits. As part of this engagement the City envisions the following services to be performed by the Awarded Vendor: 1. Perform utility user's -tax audits to identify and correct deficiencies; thereby, generating previously unrealized utility user's tax revenue for the City. 2. Inventory and analyze utility service providers/users subject to the City's Ordinance No.. 90-191 and updated Resolution. No. 2008.196. 3. Review the City's Tax payment receipt records and verify that utility user's tax is correctly and completely applied. 4. Document each confirmed error/omission to include the correction date, account identification number, service provider, utility user's tax due the City for prior periods (plus applicable interest and penalties). 5. Forward audit reports and all supporting documentation to the City for verification and revenue recovery. PROPOSAL SUBMISSION REGlU1REMENTS Each Consultant who responds to this Request for Proposals is required to submit the information listed below. Please submit 10 copies of all requested materials. A. A cover letter introducing the company and the individual who will be the primary contact person. B. A detailed draft of the Utility User's Tax Audit .and Consultant Services proposal. C. Describe the company's qualifications with emphasis on experience with other municipalities and/or governmental agencies. D. Present sample revenue. recovery reports your company prepared for at least three clients. E. If this a joint bid, explain in detail the responsibilities of each company: F. Identify the principal personnel that will respond to staff and describe their responsibilities. Also., list recent contracts on which the principal staff - - have worked and describe their responsibilities. G. Discuss the methodology for obtaining the cooperation of utility providers ~I including the following information: • Audit time frame • Compliance with applicable State Laws and documentation • Sample revenue recovery reports. i H. Include a statement regarding whether the company has sufficient staff resources `and capability to perform the work contained within yo~gr proposals within the specified time frames. I. Provide recent project references with names and telephone numbers of contact persons. J. Consultants :will not be reimbursed for any cost .associated with preparation of :the Proposal. All proposals will be considered public information. K. Mandatory insurance requirements: The City requires Commercial Liability insurance of not less than $1,000,000, Professional Liability Insurance of not less than $1,000,000, surety bond in the amount of $50,000 a~;~J Workers Compensation Insurance as required by the State of California. The City reserves- the right to verify that these insurance requirements have been completed prior to entering into any contractual agreement with company. Failure to comply could result in non-award of the contract. L. The signature of an authorized individual to bind the firm. The proposal must be a firm offer for asixty-day period. SELECTION PROCESS Each of the proposals received will be evaluated for compliance with the requirements stated in this RFP. Failure to meet these requirements may be cause for eliminating the agency for further consideration. The City shall not be liable in any way for any cost incurred by any offer or in the preparation of its proposal in response to this RFP, nor for obtaining any insurance Certificate and/or Surety Bond. The City reserves the right to reject any and all proposals, to waive any technicalities, informalities and irregularities, to accept or reject all part of this proposal, and to be the sole judge of the suitability of the proposals offered. Evaluation of the proposals will be made by a panel of appropriate management staff. In addition to evaluating written proposals, oral interviews may be requested. The eventual recommendation will be made by the City Manager, and the contract will be reviewed and approved by the City Council. Proposals will be evaluated generally on the following criteria, which. is neither weighted nor prioritized: A: A high level of professional competence and experience in performance of comparable engagements. B. Demonstration of professional and technical expertise. and experience of the principal personnel. C. Reasonableness in Cost. D. Conformance with the terms of this RFP. E. Quality of Proposal. The proposal should clearly demonstrate the company understands of the City's overall objectives in the comprehensive utility users tax audit. F. Availability of Key Staff and the ability to provide a timely response. G. Ability to listen, be #lexible, and follow and/or implement direction H. Potential revenue recovery associated with utility user's tax revenue. 1. Review of references PROPOSAL REVIEW AND AWARD SCHEDULE This schedule is tentative and may be subject to change. 1. RFP Published/Sent Out: August 6, 2009 2. RFP Published {Newspaper): August 6 & 13, 2009 3. Proposals Due: On or before September 8, 2009 at 5:00 p.m. 4. Proposals Evaluated by Staff: September 14, 2009 5. Company Interviews with Staff: September 21, 2009 6. City Manager's Recommendation to Council: October 5, 2009 7. Anticipated Contract Execution Date: October 20, 2009 SUPPLEMENTAL INFORMATION Questions concerning this Request For Proposals should be in writing (email preferred) and directed to: Robert S. Torrez, Assistant City Manager -Admin. & Comm. Svcs City of Lynwood 11330 Bullis Road Lynwood, CA 90262 (310): 603-0220, ext. 235 {310) 886-0402-fax rtorrez@ lynwood.ca.us Proposals must be received by Finance and Administration before September 8, 2009, no later than 5:00 p.m. The proposing firm must submit one (1) original and: nine (9j copies of its proposal in a sealed envelope to: City of Lynwood Finance and Administration 11330 Bullis Road Lynwood, CA 90262 AGENDA STAFF REPORT' DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Elias Saikaly, P.E., Public Works Engineering Manager Vanessa Hevener, Environmental Specialist SUBJECT: Memorandum of Agreement for the Administration- and Cost Sharing of the Development of the Coordinated Implementation Plan for,the Los Angeles Rivei- and Tributaries Metals Total Maximum Daily Load Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A .RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF LYNWOOD, CALIFORNIA,- APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS .FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES .RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 1 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA". Background: The Los Angeles River and Tributaries Metals Tota! Maximum Daily Load (LAR Metals TMDL) adopted by the Los Angeles Regional Water Quality Control Board (LARWQCB) on September 6, 2007; requires the Los Angeles River (LAR) watershed ,cities and agencies to develop a coordinated implementation plan to reduce the amount of metal pollutants in the LAR and its tributaries. This report outlines the need for these efforts, their foreseeable costs and, proposed .plan preparation through a cost-sharing agreement and fiscal management through the Gateway Cities Council of Governments (GCCOG). The City Council is requested to approve the attached Memorandum of Agreement with the GCCOG regarding the administration and cost sharing of the development of the Coordinated Implementation Plan (CIP) for the Los Angeles River Metals TMDL (Reach 1 -Compton Creek). AGENDA ITEM Several segments or reaches of the Los Angeles River have been identified by the California Regional Water Quality Control Board (RWQCB) as having exceeded water quality objectives for a variety of metals. When this occurs, the Clean Water Act requires that a Total Maximum Daily Load (TMDL) be developed to restore the impaired water bodies to their full beneficial uses. Consequently, in September 2007, the Regional Board adopted a TMDL which limits the amount of heavy metals such as copper, lead, zinc and cadmium that can be carried by runoff. into the Los Angeles:. River. TMDLs are enforced through the State and Federal Discharge permits such as the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES). The purpose of the metals TMDL program is to: 1) to clean the impaired surface water bodies, 2) to return those water bodies to their most beneficial use, and 3) to maintain clean-up levels, once clean-up has been attained. !n October 2008, the City entered into a separate MOA with the Gateway Cities COG to administer the Coordinated Monitoring Plan (CMP) and the Special Studies for the Metals TMDL for the Los Angeles River watershed. The .purpose of the CMP is to monitor water quality at key locations along the river. Discussion 8~ Analysis: The-Regional Board has divided the Los Angeles River into six (6) different jurisdictions! groups or reaches.. Because the City of Lynwood drains info two reaches, the City will also be requested to enter into a separate MOA with the San Gabriel Valley COG for Reach 2. Approximately 1.03 square miles (665 acres) or 23% of the City drains to Reach 1 and 3.7 square miles (2390 acres) or 77% of the City drains to Reach 2. The first compliance deadline for a submittal of a draft implementation plan is January 11, 2010 with a final report submittal by July 11, 2010. Initially, the County of Los Angeles would take the lead to prepare. the Implementation Plan and each agency would contribute a fair share of the plan development costs. However the .County's decision to not participate in a collaborative -planning effort has left many agencies, including the City of Lynwood, to formulate their own implementation plans. The cities within Reach 1 have, therefore, joined together and decided to prepare their own Coordinated Implementation Plan. Since the Implementation Plan will require administration, invoicing of participating local agencies, bill payments and auditing; the cities, in order to expedite the preparation of this plan, have requested that the Gateway Cities Council of Governments (GCCOG) to provide their administrative services to facilitate the successful development of both the draft and the final Implementation Plan. The agreement requires GCCOG to provide administrative services with the cities sharing in fully funding of the costs of the Implementation Plan including those administered by the GCCOG through a Memorandum of Agreement (MOA) with the GCCOG and the City. Fiscal Impact: The estimated budget for this CIP, is approximately $200,000. According to the cost allocation formula shown on Exhibit A of the MOA, the City of Lynwood's allocation is approximately $8,025 per $100,000 of cost. Therefore, if the study costs $200,000 to prepare, the City's total share will be approximately $16,050. Funds for this mandated study were not allocated in the budget for this fiscal year. As such the Public Works Department .will absorb the cost for this study out of its current year's budget.. Coordinated With: . City Manager's Office City Attorney's Office Finance Department 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (TMDL) FOR REACH 1 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA WHEREAS, the mission of the Gateway Cities Council of Governments (GCCOG) includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, seven of the GCCOG's member cities are located within Reach 1 of the Los Angeles River and Compton Creek watersheds and the GCCOG has established effective working relationships with the adjacent Councils of Governments; and WHEREAS, the GCCOG has previously entered into .interagency agreements, successfully partnering .with various cities; SCAG, and CALTRANS to undertake projects ,and studies of regional significance; and WHEREAS, the GCCOG is currently administering the Coordinated Monitoring Plan and the Special Studies for the Metals TMDL for the Los Angeles River; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Regions ("Regional Board") adopted the Los Angeles River .and Tributaries Metals Total Maximum Daily Load ("TMDL" or "Los Angeles River Metals TMDL") in September of 2007, with the intent of improving water quality in the Los Angeles River. and its tributaries; and WHEREAS; the Regulated Entities recognize that the-TMDL is not-self enforcing, but could be legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the .discharge of runoff from nine cities, the County unincorporated areas- tributary to Reach 1 of the Los Angeles River and CALTRANS, herein referred to as a collectively the."Regulated Entitiesn or singularly a "Regulated Entity", requiring a high degree of organization and. cooperation from the Regulated. Entities; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP") by the Regulated Entities that is designed to reduce the amount of metal 4 pollutants in the Los Angeles River and its tributaries, in addition to proving compliance with the TMDL waste load allocations for both wet and dry weather; and WHEREAS, the County of Los Angeles and City of Los Angeles will be independently preparing separate Implementation Plans; and WHEREAS, a Los Angeles River Metals TMDL Reach 1 Technical Committee, consisting of representatives from the Regulated Entities, has been established with the purpose of preparing and submitting the CIP to the Regional Board; and WHEREAS, the Regulated Entities desire to prepare a draft CIP by January 11, 2010 and a final CIP by July 11, 2010 and to adopt and provide the initial funding of this Agreement;. and WHEREAS, the CIP requires administrative services that the Regulated Entities desire the GCCOG to provide. relating to the CIP, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the GCCOG has agreed to provide administrative services to the Regulated Entities to facilitate the successful implementation of the CIP; and WHEREAS, the Regulated Entities will share the cost of fully funding the costs of the CIP, including those costs incurred by the GCCOG in administering the Agreement , attached hereto and incorporated herein, based on the cost allocation formula contained in Exhibit A and the estimated Implementation Plan in Exhibit B to the Agreement; and WHEREAS, GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CIP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, GCCOG will execute similar cost-sharing agreements with all other participating Regulated Entities before this. agreement becomes enforceable, unless .stated otherwise elsewhere in the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows: Section 1. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. The purpose of the Agreement is to provide a mechanism whereby the Regulated Entities cooperatively fund the development of the CIP and provide funding to the GCCOG such that the GCCOG can administer the necessary professional services contracts to develop the CIP on behalf of the Regulated Entities. Section 3. The City Council hereby approves the MOA in the form provided to the City Council at its August 4, 2009 meeting, subject to the approval as to form by the City Attorney, and authorizes the City Mayor to execute the same. Section 4. The Parties shall fully cooperate with one another to attain the purposes of the MOA. Section 5. The MOA is voluntarily entered into for the implementation of the CIP. Section 6. The term of the MOA shall remain and continue in effect until completion of the CIP, and acceptance of the CIP by the Regional Board. Section 7. That this resolution. shall become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 4t" day of August, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED TO CONTENT: G. Daniel Ojeda, P.E., Director of Public Works/City Engineer 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: " AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy , of Resolution No. on file in my office and that said resolution was adopted on'the date and by the vote therein stated. Dated this day of , City Clerk, City of Lynwood MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF LYNWOOD REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL (REACH 1 AND COMPTON CREEK) This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority ("GCCOG"), and the City of Lynwood , a California municipal corporation ("City"); (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planfring and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, seven of the GCCOG's member cities are located within Reach 1 of the Los Angeles River and Compton Creek watersheds and the .G000G has established effective working relationships with the adjacent Councils of Governments; and WHEREAS, the GCCOG has previously entered into interagency agreements, successfully partnering with various cities, SCAG, and CALTRANS to undertake projects and studies of regional significance; and WHEREAS, the GCCOG is currently administering the Coordinated Monitoring Plan and the Special Studies for the Metals TMDL for the Los Angeles River; and WHEREAS, the Regional .Water Quality Control Board, Los Angeles Region ("Regional Board") adopted the Los Angeles River and Tributaries Metals Total Maximum Daily :Load ("TMDL" or "Los Angeles River Metals. TMDL") in September of 2007, with the intent of improving water quality in the Los Angeles River and its tributaries; and WHEREAS, the Parties recognize that the TMDL is not self-enforcing, but could be legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff from, nine cities and the County unincorporated areas tributary to Reach I of the Los Angeles River and CALTRANS, herein referred to as collectively the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP") by the Regulated Entities that is designed to reduce the amount of metals pollutants in the Los Angeles River and its tributaries, in addition to proving compliance with the TMDL waste load allocations for both wet and dry weather; and WHEREAS, the County of Los Angeles and the City of Los Angeles will be independently preparing separate CIPs; and WHEREAS, a Los Angeles River Metals TMDL Reach 1 Technical Committee, consisting of representatives from the Regulated Entities, has been established with the purpose of preparing and submitting the CIP to the Regional Board; and WHEREAS, the Regulated Entities agree to prepare a draft CIP by January 11, 2010 and a final CIP by July 11, 2010, and to adopt and provide initial funding of this Agreement; and WHEREAS, the CIP requires administrative services that the Regulated Entities desire the GCCOG to perform, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the GCCOG has agreed to provide such administrative services to the Regulated Entities to facilitate the successful development of the CIP; and WHEREAS, the Regulated Entities have agreed to share in fully funding the costs of the CIP, including those costs incurred by the GCCOG iri administering this Agreement, based on the cost allocation formula contained in Exhibit A and the estimated Implementation Plan in Exhibit B of this Agreement; and WHEREAS; the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CIP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, GCCOG will execute similar cost-sharing agreements with all other participating Regulated Entities before this agreement becomes enforceable, unless stated otherwise elsewhere in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows: Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. Purpose. The purpose of this Agreement is to provide a mechanism whereby the Regulated Entities cooperatively fund the development of the CIP and provide funding to the GCCOG, such that the GCCOG can administer the necessary professional services contracts to develop the CIP on behalf of the Regulated Entities. Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. Voluntary Nature. Individual Regulated Entities have the option of requesting approval from the Regional Board to prepare a separate Implementation Plan. This Agreement is voluntarily entered into for the development of the CIP and will be applicable to only those Regulated Entities signatory to this Agreement. Section 5. Term. The term of this Agreement shall remain and continue in effect until completion of the CIP and acceptance of the CIP by the Regional Board. Section 6. Coordinated Implementation Plan. The Los Angeles River Metals TMDL CIP shall include: implementation methods, an implementation schedule, proposed milestones, and any applicable revisions to the TMDL effectiveness monitoring plan. Section 7. Assessment for Proportional Costs of the CIP. The City agrees to provide funds to the GCCOG in the amount shown in Exhibit. A and the estimated development costs in Exhibit B. The GCCOG will invoice the City as set forth in Section 9 below, based on allocated CIP costs, which includes an estimated $10,000 for administrative costs incurred by the GCCOG in the performance of its duties under this Agreement. The GCCOG administrative costs include compensation for staff time, audit expenses, and costs incurred in administrating agreements. Any overpayment or underpayment of the CIP-costs shall be credited or billed to the City upon acceptance of the CIP by the Los Angeles Regional Water Quality Control Board. Should any city decide not to participate in the CIP, each remaining city's costs will be proportionally increased based upon on the land areas as shown on Exhibit A. Section 8. Role of the GCCOG. The GCCOG shall enter into substantially and materially similar agreements with each of the Regulated Entities to effectuate the CIP, invoice and collect from the Regulated Entities the estimated amounts identified in Exhibit A. Section 9. Ievoice and Payment. a) The GCCOG shall invoice each Regulated Entity. The first invoice will be fifty (50) per cent of the estimated final cost of-the completion of the CIP. Payment of this 50 percent is due upon signing of this agreement with the understanding that all Regulated Entities will execute the agreement not later than July 30, 2009. The second, third and fourth invoices for twenty (20), twenty (20) and ten (10) percent respectively of the estimated cost shall be sent to the Regulated Entities by the GCCOG on or about October 15, 2009, January 15, 2010 and June 1, 2010 respectively b) Late Payment Penalty - As of October 15, 2009, any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be equal to the Prime Rate in effect when the payment first became due plus one percent for any payment that is made from 1 to 30 days after the due date. The Prime Rate in effect when the payment first became due plus five (5) percent shall apply for any payment that is made from 31 to 60 days after the due date. The Prime Rate in effect when the payment first became due plus ten (10) percent shall apply for any payment that is made more than 60 days after the due date. The rates shall, nevertheless, not exceed the .maximum allowed by law. c) Delinquent Payments - A Regulated Entity's payment is considered to be delinquent 60 days after being invoiced by the GCCOG. The following procedure may be implemented to attain payments ..from the delinquent Regulated Entity or Entities per instructions from the Technical Committee: 1) verbally contact/meet with the manager from the delinquent Regulated_Entity or Entities, 2) submit a formal letter to the delinquent Regulated Entity or Entities from the GCCOG attorney, and 3) notify the Regional Board that the delinquent Regulated Entity or Entities are no longer a participating member of the CIP. If a Regulated Entity or Entities remain delinquent' - _ ~ _ _ after the above procedures, then any delinquent amount(s) will be distributed in the ~ ~ -- following invoice amongst all remaining Regulated Entities proportionate to each Entity's area as it relates to the overall. remaining total Regulated Entities area, excluding the delinquent Regulated Entity or Entities and all references to the delinquent Regulated Entity will be removed from the CIP. The Technical Committee-will revise Exhibit A to show the recalculated costs for each participating Regulated Entity; these revised exhibits wilt be sent to the GCCOG and included with the invoices to the Regulated Entities. d) Interest Accrual -Any interest. accrued on the funds collected per this Agreement during the term of this Agreement shall be redeposited into the appropriate account and used for development of the CIP. The GCCOG shall report on an annual basis to ', the Technical Committee the amount of interest accrued by the CIP account(s). -- `~-- Section 10. Independent Contractor. a) The GCCOG' is and shall at all times remain a wholly independent contractor for performance of the obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be under the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct of the GCCOG or any of its officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the Regulated Entities. b) No employee benefits shall be available to the GCCOG in connection with the performance of its obligations-under-- this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. c) The Regulated Entities will retain control of the consultant(s)' work product and the schedule for submitting the CIP to the Regional Board. The GCCOG will use reasonable efforts to work with the Regulated Entities to ensure that the draft CIP is submitted by January 11, 2010 and the final CIP is submitted by July 11, 2010. However, the Regulated Entities recognize that the draft CIP is due by January 11, 2010 and that this deadline might not be met despite the best efforts of the GCCOG and the Regulated Entities. Section 11. Indemnification. To the fullest extent permitted by law, the City and the GCCOG agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, ex e~es, or any injury or damage of any kind whatsoever, whether actual, alleged or ~~ =thr-eatened; attorney fees, court costs, and any other costs of any nature without restriction -_ ~ incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the ` percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined. The GCCOG will be held harmless from any Regional Board Notice of Violations or third-party litigation resulting from failure of the Regulated Entities to meet the compliance deadlines in the Los Angeles River Metals TMDL for submission of the draft and final CIP. Section 12. Termination of Agreement. Either Party may terminate this Agreement for any reason, in whole or part, by giving the other Party thirty (30) days written notice thereof. The City shall be responsible for the alto ac ed~costs of"CIP activities incurred up to the date of the termination. GCCOG shall notify in writing all Regulated Entities within fourteen (14) days of receiving written notice from any Regulated. Entity that intends to terminate this Agreement. The remaining Regulated Entities shall be responsible for increasing their cost contribution proportionally based upon the land area as shown in Exhibit A. Section 13. Miscellaneous. a) Notices. All notices which any Party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner: To GCCOG Gateway Cities Council of Governments 1.6401 Paramount Blvd. Paramount, CA 90723 To City of Lynwood Maria T. Santillan Mayor 11330 Bullis Road Lynwood, CA 90262 b) Separate Accounting and Auditing_ The GCCOG agrees to establish a separate account to track the revenues from the Regulated Entities and the expenses from of the CIP. Quarterly financial statements and the annual audit will be made available to all of the participating Regulated Entities. c) Binding Effect. This Agreement shall be binding upon and inure to the benefit of each Party to this- Agreement and their respective heirs, administrators, representatives, successors and assigns. d) Amendment. The terms and provisions of this Agreement. may not be amended, modified or waived, except by an instrument in writing signed by the Parties. e) Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. fj Law to Govern; Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g) No Presumption in Drafting. The Parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined.. by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void, . or unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. J k) Le ag l Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language. 1) A~ency Authorization. Each of the persons signing below on behalf of a Party represents and warrants that he or she is authorized to sign this Agreement on behalf of such Party. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows: DATE: CITY OF LYNWOOD Maria T. Santillan ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DATE: GATEWAY CITIES COUNCIL OF GOVERNMENTS ATTEST: Anne M. Bayer, President Richard Powers, Secretary EXHIBIT A LOS ANGELES RIVER METALS TMDL COORDINATED IMPLEMENTATION PLAN COST ALLOCATION FORMULA (showing cost allocation for every $100,000 in costs) Carson 125.59_ 1. 37% $3,313.15 .i.~L"ro Caltrans 389.50 4. 25% $5,621.09 5.62% Compton ~ 3,839.73 41. 88% $35,728.62 35.73% Huntingto 815.24 8. 89% $9,336.15 9.34% n Park Long 1,186.13 12. 94% $12,572._66 12.57% Beach Lynwood 664.98 7. 25% $8,024:98 8.02% Signal Hill 229.79 2. 51% $4,227.42 4.23% South 1,613.8'3 17. 60% $16,304:91 16:30% Gate Vernon 302.97. 3. 30% $4,866.02 4:87% Total: 9,167.76 100. 00% $100,0.00.00 100:00% EXHIBIT B SCOPE OF WORK Characterization of Current and Historic Metal Pollutant Loads Review existing sampling results from sources including: a. WER Study- Cities of Burbank and Los Angeles b. Trends and Status -City of Los Angeles c. Mass emissions station -County of Los Angeles d. Coordinated Monitoring Program -Los Angeles River Technical Committee 2. Characterization and Evaluation of Potential Pollutant Sources Review and investigation sources and contributions of metal pollutants a. Lands use characterization information (City of Los Angeles' existing GIS watershed data) b. Specific sources (i.e: copper sulfate exposed galvanized metal, irrigation, etc.) c. Aerial deposition -various scientific studies d. Industrial sites -state's GIASP program e. Construction sites -state's GCASP program 3. Source Control Pollutant Reduction Strategies Investigate the impact of municipal source control measures to meet compliance goals a. Street sweeping, b. Public Outreach, c. Water Conservation, etc. 4. Treatment Pollutant Reduction Strategies Investigation of the effectiveness of treatment controls a. Existing Treatment controls (infiltration, capture and reuse, filtration, etc.) b. Evaluation of the effectiveness of various treatment system and locations c. Recommendations for regional or sub-regional treatment systems 5. Compliance Monitoring Evaluation and determination of the need, location and design of additional (Tier 3) monitoring stations 6. Report Preparation and Schedule Draft Report submitted to the Regional Board on or before January 11, 2010 Final Report incorporating Regional Board comments submitted by July i 1, 2010 Cost : ........................................................................................... Not to Exceed $200,000 AGENDA STAFF REPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana r PREPARED BY: G. Daniel Ojeda, P:E., Director of Public Works/City Engineer Elias Saikaly, P.E., Public Works Engineering Manager Vanessa Hevener, Environmental Specialist SUBJECT: Memorandum of Agreement for the Administration and Cost Sharing of the Development of the Coordinated Implementation Plan for the Los Angeles River and Tributaries Metals Total Maximum Daily Load (TMDL) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A .RESOLUTION OF THE CITY-C-OtrNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING THE MEMORANDUM OF Wa~~ ~~a~,i GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION :PLAN FOR THE LOS' ANGELES RIVER AND TRIBUTARIES METALS (TMDL) FOR REACH 2 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA". Background: The Los Angeles River and Tributaries Metals Total Maximum Daily Load (LAR Metals TMDL) adopted by the Los Angeles Regional Water Quality Control Board (LARWQCB~ on September 6, 2007, requires the Los Angeles River (LAR) watershed cities and agencies to develop a coordinated implementation plan to reduce the amount of metals pollutants in the LAR and its tributaries. This report outlines the need for these efforts, their foreseeable costs, and proposed plan preparation through a cost-sharing agreement and fiscal management through the San Gabriel Valley Council of Governments (SGVCOG). The City Council is requested to approve the attached Memorandum of Agreement with the SGVCOG regarding the administration and cost sharing of the development of the Coordinated Implementation Plan (CIP) for the ~~.NDA Angeles River Metals TMDL (Reach 2). `~ ~¢~~ d mT~:~~ i ~f~r_ ~, "fir Several segments or reaches of the Los Angeles River have been identified by the California Regional Water Quality Control Board (RWQCB) as having exceeded water quality objectives for a variety of metals. When this occurs, the Clean Water Act requires that a Total Maximum Daily-Load (TMDL) be developed to restore the impaired water bodies to their full beneficial uses. Consequently, in September 2007, -the Regional Board adopted a TMDL which limits the amount of heavy metals such as copper, lead, zinc and cadmium that can be carried by runoff into the Los Angeles River. The TMDLs are enforced through the State and Federal Discharge permits such as the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES). The purpose of the Metals TMDL program is to: 1) to clean the impaired surface water bodies, 2) to return those water bodies to their most beneficial use, and 3) to maintain clean-up levels, once clean-up has been attained. In October 2008, the City entered into a separate MOA with the Gateway Cities COG to administer the Coordinated Monitoring Plan (CMP) and the Special Studies for the Metals TMDL for the Los Angeles River watershed. The purpose of the CMP is to monitor water quality at key locations along the river. Discussion & Analysis: The Regional Board has divided the Los Angeles River into six (6) different jurisdictional groups or reaches. Because the City of Lynwood drains into two reaches, the City will also be requested to enter into a separate MOA with the Gateway Cities COG for Reach 1 -Compton .Creek. Approximately 1.03 square miles (665 acres) or 23% of the City drains to Reach 1 and approximately 3.7 square miles (2390 acres) or 77% of the City drains to Reach 2. -- ___ - The first compliance deadline for a submittal of a draft implementation plan is January 11, 2010 with a final report submittal by July 11, 2010. Initially, the County of Los Angeles would take the lead to prepare the Implementation Plan and each agency would contribute a fair share of the plan development costs. However the County's decision to not participate in a collaborative planning effort has left many agencies, including the City of Lynwood, to formulate their own implementation plans. The cities within Reach 2 have joined together and decided to establish a Technical Committee to assist with the preparafion of their Coordinated Implementation Plan. A private consulting and engineering firm has been recommended by the Technical Committee. Initially, the Technical Committee requested proposals from two private consulting firms: Tetra Tech and CDM (consultants currently preparing the Implementation Plans for the County and City of Los Angeles). Tetra Tech subsequently declined the opportunity to submit a bid leaving only one bid from CDM. Due in part to the time constraints of meeting the deadlines imposed by the Regional Board, the Technical Committee has recommended CDM as the consultant for the preparation of their Coordinated Implementation Plan. CDM's proposed scope of work can be found in Exhibit B of the MOA. 2 Since the Implementation Plan will require administration, invoicing of participating local agencies, bill payments and auditing, the cities, in order to expedite the preparation of this plan, have requested that the San Gabriel Valley Council of Governments (SGVCOG) provide their administrative services to facilitate the successful development of both the draft and the final Implementation Plan. The agreement will consist of the SGVCOG providing administrative services and Cities sharing in fully funding of the costs of the Implementation Plan including those administered by the SGVCOG through a Memorandum of Agreement (MOA) with the SGVCOG and the City. Fiscal Impact: Exhibit A of the MOA illustrates the details of the cost sharing. According to the cost allocation formulas shown on Exhibit A of the MOA, the City of Lynwood`s allocation is approximately $6,965 of which $3,483 is due upon signing this MOA. Funds for this mandated study were not allocated such the Public Works Department .will absorb the year's budget. in the. budget for this fiscal year. As cost for this study out of its current Coordinated With: City Manager's Office City Attorney's Office Finance Department RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING MEMORANDUM OF AGREEMENT (MOA) WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) FOR THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (TMDL) FOR REACH 2 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA WHEREAS, the mission of the San Gabriel Valley Council of Governments (SGVCOG) includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, Seventeen of the SGVCOG's member cities are located within the Los Angeles River Reach 2 watershed and the SGVCOG has established effective working relationships with the adjacent Councils of Governments; and WHEREAS, the SGVCOG has previously entered into interagency agreements, successfully partnering with various cities, SCAG, and CALTRANS to undertake projects and studies of regional significance; and WHEREAS, the SGVCOG is currently administering the Coordinated Monitoring Plan and the Special Studies for the Metals TMDL for the Los Angeles River; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Regions ("Regional Board") adopted the Los Angeles River and Tributaries Metals Total Maximum Daily Load ("TMDL" or "Los Angeles River Metals (TMDL") in September of 2007, with the intent of improving water quality in the Los Angeles River and its tributaries; and WHEREAS, this TMDL regulates the discharge of runoff from thirty five cities tributary to Reach 2 of the Los Angeles River and CALTRANS, herein referred to as collectively the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the Regulated Entities; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP") by the Regulated Entities that is designed to reduce the amount of metal pollutants in the Los Angeles River and its tributaries; and WHEREAS, the County of Los Angeles and City of Los Angeles will be independently preparing separate Implementation Plans; and WHEREAS, the Regulated Entities desire to prepare a draft CIP by January 11, 2010 and a final CIP by July 11, 2010 and to adopt and provide the initial funding of this Agreement; and WHEREAS, the Regulated Entities have agreed to establish a Technical Committee to provide technical oversight for the development of the CIP; and WHEREAS, the participating Regulated Entities desire the SGVCOG to provide administrative services relating to the CIP, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the SGVCOG has agreed to provide administrative services to the Regulated Entities to facilitate the successful implementation of the CIP; and WHEREAS, the Regulated Entities will share the cost of fully funding the costs of the CIP, including those costs incurred by the SGVCOG in administering the Agreement attached hereto and incorporated herein, based on the cost allocation formula contained in Exhibit A; and WHEREAS, SGVCOG and the Regulated. Entities agree to employ a consultant to prepare the CIP and the Regulated Entities are willing to pay the consultant for its services through the SGVCOG; and WHEREAS, SGVCOG will execute similar cost-sharing agreements with all other Regulated Entities before this. agreement become enforceable, unless stated otherwise elsewhere in the MOA. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby-agree as follows: Section 1. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. The purpose of the Agreement is to provide a mechanism whereby the Regulated .Entities cooperatively fund the development of the CIP and provide funding to the SGVCOG such that the SGVCOG cane administer the necessary professional services contracts to develop the CIP on behalf of the Regulated Entities. Section 3. The City Council hereby approves the MOA in the form provided to the City Council at its August 4, 2009 meeting, subject to the approval as to form by the City Attorney, and authorizes the City Mayor to execute the same. Section 4. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 5. This Agreement is voluntarily entered into for the implementation of the CIP. Section 6. The term of the MOA shall remain and continue in effect until completion of the CIP, and acceptance of the CIP by the Regional Board. Section 7. That this resolution shall become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 4th day of August, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez- City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager. APPROVED TO CONTENT: G. Daniel Ojeda, P.E., Director of Public Works/ City Engineer ,_--~~ 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) i I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the i above and foregoing resolution was duly adopted by the City Council of the City of i Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: •' AYES: I NOES: I ABSENT: I City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct cop~F i ~; of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF LYNWOOD REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT. OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL (REACH 2) This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the San Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"), and the City. of Lynwood a California municipal corporation ("City"); (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the SGVCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, Seventeen of the SGVCOG's member cities are located within the Los Angeles .River Reach 2 watershed and the SGVCOG has established effective working relationships with the adjacent Councils of Governments; and WHEREAS, the SGVCOG has previously entered into interagency agreements, successfully partnering with various cities, SCAG, and CALTRANS to undertake projects and studies of regional significance; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ("Regional Board") adopted the Los Angeles River and Tributaries Metals Total Maximum Daily Load ("TMDL" or "Los Angeles River Metals TMDL") in September of 2007, with the intent of improving water quality in the Los Angeles River and its tributaries; and WHEREAS, this TMDL regulates the discharge of runoff from thirty five cities tributary to Reach 2 of the Los Angeles River and CALTRANS, herein referred to collectively as the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP") by the Regulated Entities that is designed to reduce the amount of metals pollutants in the Los Angeles River and its tributaries; and WHEREAS, the County of Los Angeles and the City of Los Angeles will be independently preparing separate Implementation Plans; and WHEREAS, the Regulated Entities agree to prepare a draft by January 11, 2010 and a final CIP by July 11, 2010 and to adopt and provide the initial funding of this Agreement; and WHEREAS, the Regulated Entities have agreed to establish a Technical Committee to provide technical oversight for the development of the CIP, and WHEREAS, the participating Regulated Entities desire the SGVCOG to provide administrative services relating to the CIP, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the SGVCOG has agreed to provide such administrative services to the Regulated Entities to facilitate the successful implementation of the CIP; and WHEREAS, the Regulated Entities have agreed to share in fully funding the costs of the development of the CIP, including those costs incurred by the SGVCOG in administering this Agreement, based on the cost allocation formula contained in Exhibit A; and WHEREAS, the SGVCOG and the Regulated Entities agree to employ a consultant to prepare the CIP, and the Regulated Entities are willing to pay the consultant for its services through the SGVCOG; and WHEREAS, SGVCOG will execute similar cost-sharing agreements with all other Regulated Entities before this agreement becomes enforceable, unless stated otherwise elsewhere in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do.hereby agree as follows: Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. Purpose. The purpose of this Agreement is to provide a mechanism whereby the Regulated Entities cooperatively fund the development of the CIP and provide funding to the SGVCOG such that the SGVCOG can administer the necessary professional services contracts to develop the CIP on behalf of the Regulated Entities. Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. Voluntary Nature. Individual Regulated Entities can request approval from the Regional Board to develop separate Implementation Plans. This Agreement is voluntarily entered into for the development of the CIP and is applicable to only those Regulated Entities that are signatory to this Agreement. Section 5. Term. The term of this Agreement shall remain and continue in effect until completion of the CIP, and acceptance of the CIP by the Regional Board. 2 Section 6. Coordinated Implementation Plan. The Los Angeles River Metals TMDL requires the Regulated Entities to develop a CIP which shall include: implementation methods, an implementation schedule, proposed milestones and any applicable revisions to the TMDL effectiveness monitoring plan. The CIP that is developed under this Agreement is only applicable to those Regulated Entities that are a party to this Agreement and have fulfilled all terms of this Agreement. Section 7. Assessment for Proportional Costs of the CIP. The City agrees to provide funds to the SGVCOG based on the funding formula established in Exhibit A and the estimated development costs in Exhibit B, attached hereto and made a part of this Agreement by this reference. The SGVCOG will invoice the City upon the execution of this Agreement as set forth in Section 9 below, based on allocated CIP costs, which includes all administrative costs incurred by the SGVCOG in the performance of its duties under this Agreement. The SGVCOG administrative costs include compensation for staff time, audit expenses, and costs incurred in administrating agreements. Any overpayment or underpayment of the CIP costs shall be credited or billed to the City in the next .invoice or it shall be reimbursed at the termination of this Agreement. Section 8. Role of the SGVCOG. The SGVCOG shall enter into substantially and materially similar agreements with each of the Regulated Entities wishing to participate in the CIP to effectuate the CIP, invoice and collect from the Regulated .Entities the estimated amounts based on the cost allocation formula in Exhibit A. Section 9. Invoice and Payment. a) The SVCOG shall invoice each Regulated Entity for fifty (50) percent of the estimated cost of the preparation of the CIP on or about July 15, 2009. A second invoice for fifty (50) percent of the estimated cost shall be sent to the Regulated Entities by the SGVCOG on or about December 15, 2009. If necessary, a third invoice will be sent on or about July 15, 2010 for any adjustments or additional expenses incurred by the SGVCOG. b) Late Payment Penalty -Beginning as of October 15, 2009, any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be equal to the Prime Rate in effect when the. payment first became due plus one percent for any payment that is made from 1 to 30 days after the due date. The Prime Rate in effect when the payment first became due plus five (5) percent shall apply for any payment that is made from 31 to 60 days after the due date. The Prime Rate in effect when the payment first became due plus ten (10) percent shall apply for any payment that is made more than 60 days after the due date. The rates shall, nevertheless, not exceed the maximum allowed by law. c) Delinquent Payments - A Regulated Entity's payment is considered to be delinquent 180 days after being invoiced by the SGVCOG. The following procedure may be implemented to-attain payments from the delinquent Regulated Entity or Entities per instructions from the Technical Committee: 1) verbally contact meet with the manager from the delinquent Regulated Entity or Entities, 2) submit a formal letter to the delinquent Regulated Entity or Entities from the SGVCOG attorney, and 3) notify the Regional Board that the delinquent Regulated Entity or Entities are no longer a participating member of the CIP. If a Regulated Entity or Entities remain delinquent after the above procedures, then any delinquent amount(s) will be distributed in the following invoice amongst all remaining Regulated Entities proportionate to each Entity's area as it relates to the overall remaining total Regulated Entities area, excluding the delinquent Regulated Entity or Entities and all references to the delequent Regulated Entity will be removed from the CIP. The Technical Committee will revise Exhibit A to show the recalculated costs for each participating Regulated Entity; these revised exhibits will be sent to the SGVCOG and included with the annual invoices to the Regulated Entities. d) .Interest Accrual -Any interest accrued on the funds collected per this Agreement during the term of this Agreement shall be redeposited into the appropriate account and used for development of the CIP. The SGVCOG shall report on an annual basis to the Technical Committee the amount of interest accrued by the CIP account(s). Section 10. Independent Contractor. a) The SGVCOG is and shall at all times remain a wholly independent- contractor l:or performance of the obligations described in this Agreement. The SGVCOG officers, employees and agents performing such obligations shall at all times be under the SGVCOG's exclusive control. The Regulated Entities shall not have control over the conduct of the SGVCOG or any of its officers, employees or agents, except as set forth in this Agreement. The SGVCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the Regulated Entities. b) No employee benefits shall be available to the SGVCOG in connection with the performance of its obligations under this Agreement. The SGVCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. c) The Regulated. Entities will retain control of the consultant(s)' work product and thy; schedule for submitting the CIP to the Regional Board. The SGVCOG will use reasonable efforts to work with the Regulated Entities to ensure that the draft CIP is submitted by January 11, 2010 and the final CIP is submitted by July t 1, 2010. However, the Regulated Entities recognize that the draft CIP is due by January l 1, 2010 and that this deadline might not be met despite the best efforts of the SGVCOG and the Regulated Entities. Section i I. Indemnification. To the fullest extent permitted by law, the City and the SGVCOG agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties, or a court of competent jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined. The SGVCOG shall not have any duty to save, indemnify, defend, and hold harmless, and the Regulated Entities shall save, indemnify, defend, and hold harmless the SGVCOG from any Regional Board Notice of Violations or third-party litigation resulting from failure of the Regulated Entities to meet the compliance deadlines in the Los Angeles River Metals TMDL for submission of the draft and final CIP. Section 12. Termination of Agreement. Either Party may terminate this Agreement for any reason, in whole or part, by giving the other Party thirty (30) days written notice thereof. The City shall be responsible for the allocated costs of CIP activities incurred up to the~date of the termination. SGVCOG shall notify in writing all Regulated. Entities within fourteen (14) days of receiving written notice from any Regulated Entity that intends to terminate this Agreement. 5 Section 13. Miscellaneous. a) Notices. All notices which any Party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as: the Parties may from time to time designate by written notice in the aforesaid manner: To SGVCOG Nick Conway San Gabriel Valley Council of Governments 3452 E. Foothill Blvd, Suite 910 Pasadena, CA 91107 To City of Lynwood Maria T. Santillan, Mayor 11330 Bullis Road Lynwood, CA 90262 b) Separate Accounting ~ and Auditing: The SGVCOG agrees to establish a separate account to track the revenues from the Regulated Entities and the expenses from of the CIP. Quarterly financial statements and the annual audit will be made available to alf of the participating Regulated Entities. c) Binding Effect. This Agreement shall be binding`upon and inure to the benefit of each Party to this Agreement and their respective heirs, administrators, representatives, successors and assigns. d) Amendment: The terms and provisions of this Agreement may not be a-nended, modified or waived, except by an instrument in writing signed by the Parties. e) Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of~ this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. f) Law to Govern; Venue. This Agreement shalt be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. 6 g) No Presumption in Drafting. The Parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. h) Entire Atreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severabi(ity. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void, or unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. k) Le ag l Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language. 1) Procurement. All participating Regulated Entities have reviewed the procurement procedures used in the selection of the consultant(s) for consistency with their individual procurement practices. m) Agency Authorization. Each of the persons signing below on behalf of a Party represents and warrants that he or she is authorized to sign this Agreement on behalf of such Party. n) Contact Person. The municipal staff contact person for this agreement shall be Name Title 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows: DATE: CITY OF LYNWOOD City OFFICIAL ATTEST: City Clerk APPROVED AS TO FORM: City- Attorney DATE: SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS ATTEST: Secretary Nicholas T. Conway Executive Director 8 EXHIBIT A ~.; `~ ` '~ _ , ~ ` R"r~er ~ ~~~,~~,'i~~L~ti~pl ~t~er~at~oh.:~~~. ~1~~~; ,~ ~ ~~ .~:' . Watershed Area*` Estimated Cost Share., »s >'Agency;; "A~res* Percentage :<. Professional- Services***:, vr/ SGVCOG _ • Admin Costs' TOTAL~_COST_* _ Alhambra 4878 4.38828% $ 9,936.61 $ 1,097.07 $ 11,033.68 Arcadia 6995 6.29275% $ 14,248.99 $ 1,573.19 $ 15,822.18 Bell 1671 1.50324% $ 3,403.87 $ 375.81 $ 3,779.68 Bell Gardens 1604 1.44297% $ 3,267.39 $ 360.74 $ 3,628.13 Bradbury 494 0.44441% $ 1,006.29 $ 111.10 $ 1,117.39 Caltrans 3815 3.43200% $ 7,771.25 S 858.00 $ 8,629.25 Commerce 4193 3.77205% $ 8,541.25 $ 943.01 $ 9,484.26 Compton 6044 5.43722% $ 12,311.78 $ 1;359.31 $ 13,671.09 Cudahy 729 0.65581% $ 1,484.99 $ 163.95 $ 1,648.94 Downey 3621 3.25748% S 7,376.07 $ 814.37 $ 8,190.44 Duarte 1084 0.97517% $ 2,208.14 $ 243.79 $ 2,451.93 EI Monte 4605 4.14269% $ 9,380.50 $ 1,035.67 $ 10,416.17 Glendale TBA 0.00000% $ - $ - $ - Huntington Park 1933 1.73894% $ 3,937.57 $ 434.74 $ 4,372.30 Irwindale 994 0.89421% $ 2,024.80 $ 223.55 $ 2,248.36 La Canada Flintridge 3637 3.27187% $ 7,408.66 $ 817.97 $ 8,226.63 Long Beach 3182 2.86255% $ 6,481.81 $ 715.64 $ 7,197.45 Lynwood 3079 2.76989% $ 6,272.00 $ 692.47 $ 6,964.47 Maywood 759 0.68280% $ 1,546.10 $ 170.70 $ 1,716.80 Monrovia 6618 5.95324% $ 13,480.22 $ 1,488.31 $ 14,968.53 Montebello 5386 4.84528% $ 10,971.42 $ 1,211.32 $ 12,182.74 Monterey Park 4931 4.43596% $ 10,044.57 $ 1,108.99 $ 11,153.56 Paramount 2013 1.81091% $ 4,100.53 $ 452.73 $ 4,553.26 Pasadena 14575 13.11177% $ 29,689.64 $ 3,277.94 $ 32,967.58 Pico Rivera 1547 1.39169% $ 3,151.28 $ 347.92 $ 3,499.20 Rosemead 3277 2.94801%. $ 6,675.33 $ 737.00 $ 7,412.33 San Gabriel 2662 2.39475% $ 5,422.56 $ 598.69 $ 6,021.25 San Marino 2413 2.17075% $ 4,915.34 $ 542.69 $ 5,458.03 Sierra Madre 1900 1.70925% $ 3,870.35 $ 427.31 $ 4,297.66 South El Monte 1615 1.45287% $ 3,289.80 $ 363.22 $ 3,653.01 South Pasadena 2187 1.96748% $ 4,455.07 $ 491.87 $ 4,946.94 Southgate 3168 2.84996% $ 6,453.30 $ 712.49 $ 7,165.78 Temple City 2561 2.30389% $ 5,216.82 $ 575.97 $ 5,792.79 Vernon 2990 . ,. 2.68983% 1' $ 6,090.71 - $ 672.46 ., .r $ 6,763.16 ~ti. * The percent area is calculated by excluding the areas for LA County and any others that opt out (Acreage needs to be verifies for area in Reach 2 LA River) ** Estimated costs are dependent on number of agencies participating, accurate acreage, and final contracting costs. *** May increase based on City of LA/CDM's confidentiality agreement ~~ 523 West Sixth Street, Suite 400 Los Angeles, Calrfornia 90014 tel: 213 457-2200 fax: 213 627-8295 June 4, 2009 Ms. Sheila Kennedy . Subject: Los Angeles River Reach 2 Subwatershed Metals TMDL Implementation Plan- . Revised proposal Dear Ms. Kennedy, Camp Dresser & McKee Inc. (CDM) will develop a Los Angeles River (LAR) Metals TMDL Implementation Plan ("Plan') for the LAR Reach 2 Subwatershed ready for submittal to the. Los Angeles Regional Water Quality Control Board (Regional Board) by January 11, 2010. Project tasks include: Task 1-Characterize Subwatershed An overall LAR watershed characterization was completed for. the City of Los Angeles. CD>u1 will refine the characterization to reflect only the LAR Reach 2 subwatershed. Task 1.1 -Conduct Data Review Review existing data to identify data gaps where additional Reach 2 data may be available. Compile and review additional data as available and incorporate into data analyses (GIS and water quality). Task 1.2 -Characterize LAR Reach 2 Subwatershed Revise existing LAR watershed characterization to reflect only Reach 2 subwatershed characteristics, including: (1) GIS layers; (2) hydrologic and water quality characteristics; and (3) characteristics that affect structural BMP siting, (e.g., groundwater depth, soil, and. environmentally sensitive areas). Task 1.3 -Assess Water Quality and Pollutant Loads Revise existing LAR watershed water quality assessment to include only Reach 2 subwatershed metals water quality data. Conduct prioritization analysis using modeling tools, to identify which catchments contribute the highest loads of metals. consulting -engineering - construaion • operations Ms. Sheila Kennedy June 4, 2009 Page 2 Task 1 Deliverable, Technical Memorandum 1 (TM1) - TMl summarizes the Reach 2 subwatershed characterization, including data sources, data gaps (and how they were addressed), data analysis methods and findings. Attachments include maps, figures and tables illustrating subwatershed characteristics. Task 2 -Develop Range of Urban Runoff Management Options Under this task CDM will lay the foundation for the Plan by locating priority areas for BMP implementation, identifying potential structural and non-structural controls, and conducting a preliminary screening of BMP opportunities to select the best options for additional analysis under Task 3. Task 2.1 -Identify Reach 2 subwatershed Collaboration Opportunities (Optional) Identify opportunifles to implement BMPs cooperatively with other planned subwatershed management activities. Activities include meetings with key stakeholders with interests/plans for stream restoration and green infrastructure projects. Task 2.2 -Develop Categorical BMP Opportunities Develop a categorical BMP opportunities list for the Reach 2 subwatershed (e.g., infill/ redevelopment, new development, street retrofit, and habitat restoration). Evaluate the applicability of these opportunities to the subwatershed to provide a foundation for BMP selection. Task 2.3 -Identify Potential Structural and Non-structural 8MP Opportunities Identify potential non-structural and distributed/regional structural BMPs for the Reach 2 subwatershed. Potential structural BMPs will be tailored to maximize water quality improvement in the most cost effective manner and be limited to publicly-owned parcels. Task 2.4 -Conduct Preliminary BMP Screening Develop a BMP decision matrix with screening criteria (e.g., cost, feasibility, effectiveness, and environmental benefits) and associated weighting factors to evaluate potential BMP opportunities identified in Task 2.3. The outcome is a ranked BMP list. Task 2 Deliverable, Technical Memorandum (TM2) -TM2 provides a ranked list of non- structural and structural BMPs for potential implementaflon in the subwatershed. Supporting documentation will include the categorical BMP opportunities available, range of BMPs considered, and the method for screening and ranking BMPs. Ms. Sheila Kennedy June 4, 2009 Page 3 Task 3 -Develop BMP Implementation Alternatives Recommendations Prior to starting Task 3, CDM will conduct a meeting with the client to determine the specific direction of Task3. Task 3 further analyzes the screened list of BMPs developed in Task 2 and prepares a final recommended list of BMPs for implementation. CDM will apply categorical BMP implementation concepts on up to two alternatives to extrapolate the watershed-wide benefits that may be achieved toward meeting the TDML metals loading allocations. This task's project budget is based on the following: CDM will target identification of up to 10 non- structural BMPs, and up to 20 distributed and up to 2 regional structural BMP projects. The actual number of non-structural and structural BMPs analyzed (e.g., field investigations, quantitative analysis, and cost analysis) will be decided by the client prior to implementation of Task 3. If the number of BMPs is changed, the Task 3 scope of work and budget will be modified, as appropriate. Task 3.1 -Conduct field Investigations -- Conduct limited field investigations to provide confirmation of the viability of the highest ranked BMP opportunities identified in Task 2. The field investigations will not include detailed site assessments such as underground utility conflicts. Task 3.2 -Quantify Water Quality Improvements Quantify water quality improvements expected from implementation of the highest ranked BMP opportunities. This analysis will link categorical BMP implementation in Reach 2 with the range of potential outcomes.. towards achieving compliance with TMDL requirements. Task 3.3 -Select Final BMPs Based on the outcomes of Tasks 3.1 and 3.2, CDM will develop a final list of BMPs for implementation. The final list will include up to 10 non-structural BMPs, and up to 20 distributed and up to 2 regional structural BMP projects. Task 3.4 -Prepare Cost Analysis CDM will develop planning-level cost estimates for BMPs selected in Task 3.3. Analysis includes engineering, construction, and operation and maintenance costs. Task3 Deliverable, Technical Memorandum 3 (TM3) -TM3 identifies the final BMPs for implementation. This TM will include: ^ Summary and proposed schedule for non-structural BMP implementation; ^ Tabular lists (by Reach 2 subwatershed) with graphical representation (e.g., GIS, aerial photographs) of structural BMP recommendations; Ms. Sheila Kennedy June 4, 2009 Page 4 ^ A phased implementation plan and schedule (based on prioritization of selected BMPs); ^ Expected water quality improvements (metals concentrations or loadings) in urban runoff during implementation (based on implementation schedule); and ^ Planning level capital and operation/maintenance costs. Project site plans, concept reports or preliminary design reports are not included in Task 3. Task 4 -Project Meetings and Workshops Task 4.1 -Participate in Project Meetings ^ Project kickoff meeting to review the scope of work, project management and communication procedures, project schedule, and discuss any data needs. ^ Monthly meetings to review progress, resolve issues of concern and, if necessary, request data. CDM will prepare an agenda for review and prepare meeting notes. (10 meetings) ^ Biweekly teleconferences to review project status. (20 teleconferences) Task 4.2 -Conduct Stakeholder Workshops (Optional) CDM will participate in up to two 2-hour stakeholder workshops. CDM will prepare a presentation, provide a facilitator, and prepare agenda and meeting discussion summary. Task 4 Deliverables -Meeting or workshop participation, meeting agendas, meeting notes or summaries, and presentation materials, as needed. Task 5 -Prepare Los Angeles River Reach 2 Metals TMDL Implementation Plan The Plan is due'. to the Regional Board by January 11, 2010. A final submittal, that addresses Regional Board comments on the draft, is due by July 11, 2010. Project tasks and deliverables include: Task 5.1 -Develop Draft Plan CDM will prepare a Draft Plan using the information developed for TMs 1, 2 and 3. Prior to preparation of the draft, an outline will be developed for review and approval. Task 5.2 -Prepare Final Plan CDM will prepare a Final Plan ready for Regional Board submittal based on Draft Plan comments and provide 10 color paper and 50 electronic CD copies. Ms. Sheila Kennedy June 4, 2009 Page 5 Task 5.3 -Prepare Revised Final Plan CDM will review Regional Board comments on the Final Plan and prepare recommendations for resolution. Based on client discussions, CDM will prepare a Revised Final Plan for Regional Board submittal. Ten color paper and 50 electronic CD copies will be provided. Task 5 Deliverables -Draft, and final TMDL Implementation Plans ready for submittal to the Regional Board. Paper and electronic copies of the plans as noted above. If you have any questions, please do not hesitate to contact me at (213) 457-2200. Very truly yours, Hampik Dekermenjian, PE Vice President Camp Dresser & McKee Inc. cc: Richard Meyerhoff DRAFT CDM Estimated Budget for the Development of Los Angeles River Reach 2 Metals TMDL Implementation Plan Direct Tasks Labor Costs Task 1 -Watershed Characterization $24,410 $500 Task 1.1 -Data Review $2,580 Task 1.2 -Characterize Watershed $6,130 Task 1.3 -Assess Water Quality and Pollutant Load $6,570 TMl Preparation $9,130 $500 Task 2 -Develop Range of Management Options $62,965 $2,000 Task 2.1 -Identify Collaboration Opportunties (Optional) $14,230 $750 Task 2.2 -Develop Categorical BMP Opportunities $8,350 $250 Task 2.3 -Identify Potential Non-Structural/Structural BMPs $13, 970 $250 Task 2.4 -Conduct Preliminary BMP Screening $13,970 $250 TM2 Preparation $12,445 $500 Task 3 -Develop and Evaluate Management Strategies - $65,105 $1,750 Task 3.1 -Conduct Field Investigations $16, 920 $750 Task 3.2 -Quantify Water Quality Improvements $14, 600 $250 Task 3.3 -Select Final BMPs $11,280 $250 Task 3.4 -Prepare Whole Life Cycle Cost Analysis $9, 860 $250 TM3 Preparation $12,445 $250 Task 4 -Meetings and Workshops $27,830 $1,000 Task 4.1 -Project Meetings $13,320 $250 Task 4.2 -Stakeholder Workshops (Optional) $14,510 $750 Task 5 -Prepare TMDL IP $39,875 $1,000 Task 5. i Prepare Draft Plan $16,990 $250 Task 5.2 Prepare Final Plan $11, 830 $250 Task 5.3 Prepare Revised Final Plan $11,055 $500 Total $220,185 $6,250 Total Cost $226,435 AGENDA STAFF REPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Deborah L. Jackson, Neighborhood Services Director SUBJECT: Approval of County/City Indemnity Amendment to the Municipal Law Enforcement Services Agreement with the County of Los Angeles Effective as of July 1, 2009 Recommendation: Staff recommends that the City Council approve the attached County-City Special Indemnity Agreement, an amendment to the Municipal Law Enforcement Services Agreement, with the County of Los Angeles, effective July 1, 2009, and authorize the Mayor to sign the agreement. Background: In June 2004, the City entered into afive-year agreement with the County of Los Angeles for law enforcement services through the County Sheriff's Department. The Municipal Law Enforcement Services agreement was scheduled to terminate on June 30, 2009, but has been extended to August 31, 2009 to allow time for the California Contract Cities Association (CCCA) to address liability issues with the County. Specifically, contract cities have been advocating that the County should assume full liability for the criminal conduct of on-duty deputies. Discussion & Analysis: The California Contract Cities Association City Managers/Administrators Committee (CCCA) has reached a tentative agreement with the Los Angeles County Board of Supervisors regarding the special indemnity language to be incorporated into the Municipal Law Enforcement Services Agreement. The CCCA has been working with the County on the proposed indemnity agreement and have concluded their discussions. The CCCA has recommended each of the contract cities approve the attached indemnity agreement. The CCCA has advised cities that the County Board of Supervisors has indicated its desire to consider the agreement for approval at its August 11, 2009 meeting, E ~',CE?~~~?~ i iTi~fk'~ i a f r. ./ 7 ~ and has requested to have all contract cities approve the agreement prior to the meeting. The special indemnity agreement, effective as of July 1, 2009, includes provisions requiring the County to reimburse the Contract Cities' Liability Trust Fund for one-half (1/2) of any settlements, judgments, etc., that are or may be used for claims, losses, or other expenses related to certain criminal actions under specified circumstances involving sexual assaults. The agreement shall also be applied to any claims notice, first given to the Liability Trust Fund Oversight Committee after the effective date of the agreement. This represents a compromise between the positions of the cities and the County on this issue. On July 27, 2009, the City Managers/Administrative Group met to discuss the agreement, and elected to approve it, to ensure the continued provision of law enforcement services in their respective communities. Staff has discussed this issue with the City Attorney who concurs that the County-City Indemnity Agreement will add some protections to the Liability Trust Furid over the current agreement, and ensures all contract city communities continue to receive services and are protected. Although this agreement does not provide -full indemnity the cities have sought, it does represent an improvement over the existing agreement. Fiscal Impact: Funding for law enforcement services was included in the FY 2009/10 fiscal year budget. Coordinated With:.. Finance Department 2 COUNTY-CITY SPECIAL INDEMNITY AGREEMENT THIS AGREEMENT ("Agreement"), dated for reference purposes on tl~ie day of 2009, is made and entered into between the County of Los Angeles, hereinafter referred to as the "County," and the Cities identified in Recital G below, hereinafter cumulatively referred to as the "Cities." RECITALS A. Cities, and each of them, and County have heretofore contracted for the performance of law enforcement services to be provided by the Col.~nty, i its officers, agents and employees, known as "Municipal Law Enforcement i Services Agreements" which contracts the parties may in the future extend, ~, renew and amend, and enter into other and further contracts for tYze performance of such services (hereinafter referred to as "MLESA"); and B. Cities and County have heretofore contracted for the indemnification of the Cities by the County, utilizing the Liability Trust Fund ("LTF") for tla~ acts and omissions committed by the County's employees in the course and scope of providing services. under the -MLESA agreements, rt~o1~Q_ particularly described as the Joint Indemnity Agreements or Assumption o~~ Liability Agreements (hereinafter referred to as "Joint Indemnitw Agreements") which have remained in full force and effect to the pr;~sc~ra; time; and C. In accordance with the Joint Indemnity Agreements, the County established the LTF, as provided in those agreements. In accordance with the Joint Indemnity Agreements, the Cities, and each of them, are recluire:~I C:CCA-COLA.SPCINlli~biNTYAGR.090?2'I'li f.DOC to pay monies into the LTF. The monies in the LTF are used to reimburse the County for claims, losses, costs and expenses it incurs for which indemnification is provided in the parties' MLESA andlor Joint Indemnity Agreements; and D. The County withdrew sums from the LTF for the purpose of reimbursing itself for its payment of settlement of claims related to sexual assaults committed by a deputy sheriff (Gonzales) in the years 2002 and 2003 (the "Claims"); and E. A dispute has arisen between the parties regarding the circumstances under which the County may utilize the funds in the LTF for claims arising from sexual assaults coinnutted by deputy sheriffs employed by the County ("Sexual Assaults"); and F. The parties desire to continue the Joint Indemnity Agreements and MLESA agreements, as amended, modified and supplemented from time to time. As further consideration to the Cities, the County is willing to reimburse the LTF for a portion of the sums that are used or may be used by it from the LTF for claims, losses, costs or expenses arising -out of certain Sexual Assaults, as defined in Section 2 below, occurring in the performance of the MLESA agreements on the terms and in the manner provided in this Agreement. G. The Cities that are a party to this Agreement are as follows: City of Agoura Hills City of Artesia City of Avalon City of Bellflower City of Bradbury City of Calabasas CCG>-COL;~.S PCI N1~Eti1 NTYAGR.090727Ff N DOC ~ City of Carson , ..City of Cerritos City of Commerce City of Compton City of Diamond Bar City of Duarte City of Hawaiian Gardens City of Hidden Hills City of Industry City of La Canada Flintridge City of La Habra Heights City of La Mirada City of La Puente City of Lakewood City of Lancaster City of Lawndale City of Lomita City of Lynwood City of Malibu City of Norwalk City of Palmdale City of Paramount City of Pico Rivera City of Rancho Palos Verde City of Rolling Hills City of Rolling Hills Estate City of Rosemead City of San Dimas City of Santa Clarity City of South El Mont City of Temple City _ City of Walnut _~ City of West I=iollywocad City of Westlake Village NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, it is mutually agreed as follows: AGREEMENT -~ ~ ,~ - 1. Effective Date. ~- This Agreement shall be effective as of July 1, 2009. The for~go:~at~ , i~ i ~ notwithstanding, this Agreement shall apply to any claims notice of which is iir-~.8: given to the Liability Trust Fund Oversight Committee after the effective daf:c, of this agreement, regardless of the date of occurrence. For purposes of ~.1~ Agreement "notice" shall mean notification to the Chief Executive Officer c~(~ R i~ California Joint Powers Insurance Authority and the Executive Director of ti~ac~ California Contract Cities Association, unless otherwise instructed in writing. 2. Indemnity by the County to the City. CCCA-COLA.SPCENDEMNTYAGR.090?27F(N.DOC The parties agree that the maximum liability of the LTF for any losses, claims, costs or expenses related to certain Sexual Assaults, as herein below defined, by deputies or other peace officers in the employ of the County shall be one-half (1 / 2) of any settlement, judgment or award for such assaults and. the costs of defense, including attorneys fees, for such claims or lawsuits. In the event that a withdrawal is made by the County from the LTF for any liability related to certain Sexual Assaults by deputies or other peace officers, as herein below defined, the County shall reimburse the LTF, or, in the event that it has not made a withdrawal of funds from the LTF it shall assume the responsibility to - . - --~__ pay from its own funds, one-half (1 / 2) of any amounts necessary to satisfy any judgment, award or settlement not otherwise covered by insurance, if there is any, together with costs of defense, including attorneys fees, under the following circumstances: ~_. a. A felony judgment of criminal conviction is entered in a state or federal ~-~--" " court based upon the same facts as the claim; and b. The felony judgment of criminal conviction is based upon an act of rape, sodomy, oral copulation. or other sexual penetration of a person; For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement, any amount paid by an insurance carrier directly to a claimant on a claim which is subject to this Agreement shall not be deemed to have been paid from the LTF. Far purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement, any amount paid from the LTF on a claim CCL'A-COL,1S PC[NULMNTY:~G R.090727F iN. DOC q which is subject to this Agreement but which is reimbursed to the LTF by an insurance carrier shall not have been deemed paid from the LTF. Nothing herein creates an obligation upon the Cities, or any of them, or any other entity to acquire, have or maintain any policy of insurance. 3. .Term of and Application to Other Agreements. This Agreement shall apply to all MLESA agreements now existing c~a- hereafter entered into, including amendments, renewals or other extensions thereof. This Agreement shall serve to supplement the. Joint Indemnity Agreements with respect to the single subject matter addressed herein. Nothing herein shall be deemed to change, modify, alter, amend, or substitute any term, right, obligation or condition set forth in an MLESA, as amended or modified, from time to time: 4. Termination of Service Contracts Between County and Cities. This Agreement shall continue in effect until the Iast of any MLESA or similar agreement is lawfully terminated in accordance with its terms. Such termination shall not relieve County or City for any obligations set forth in such MLESA agreement relating to obligations upon termination of such agreement and this Agreement to any claims related to a Sexual Assault. a. Release of the Claims. The Cities and each of there hereby waive, release and relinquish any claim they may have for the reimbursement of the sums withdrawn by the County with respect to the Clau~ns. The County hereby waives, releases and relinquishes any right or claim it may have for reimbursement of any sums it has ar ma_y have COCA-COL ~.SPCINUf=.V1N"fYAGR.090i27FfN.DOC 5 paid or incurred with regard to any Sexual Assault occurring prior to the effective date of this Agreement. 6. Further Assurances. Each of the parties hereto agrees to execute and deliver any and all additional papers and documents,. and to do any and all acts reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties hereto. 7. Non-Admission of Liability. Each of the parties hereto agrees that nothing contained or incorporated herein shall be deemed as an admission of liability with respect to any matter, thing, or dispute whatsoever. 8. Entire Agreement. This Agreement with regard to the use of LTF funds- by the County for claims arising out of Sexual Assaults, and the other agreements between the parties referenced herein, shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations of the parties concerning the subject matter hereof and the terms applicable thereto. 9. Amendment. This Agreement may not be supplemented, modified or amended in any manner, except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the pal-ties hereto. CCC:1-COL;I.SPC,NDE'~fN"f }';}GR.09~1727F'h1.pOC G I ~ I I IO. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shal'l' any ~ wavier constitute a continuing wavier. No waiver shall be binding unless executed in writing by the party making the waiver. i 11. Counterparts. ~~ - This Agreement may be executed by o,ne or more separate counterparts, each of which, when so executed. shall together constitute one and the. ~;ar~:e ~: ~ instrument. A copy transmitted electronically or by facsimile. shall be deemed effective as an original. 12. Captions. The captions appearing in this Agreement are descriptive only anc?~ ~cr convenience of reference. Should there be any conflict between any such ca.ptio~~ and the terms of this Agreement, the latter shall control and govern (:h(°. construction of this Agreement. 13. Constructions and Interpretation. ', The parties have participated equally in the preparation of this Agreeme~ i:. which shall be construed and interpreted simply and fairly and not strictly for (~~- against any party. ~' 14. Recitals. The Recitals set forth in this Agreement are incorporated herein b~~ reference and made a part hereof. CCCA-CO i,,3,.5 PCtNUL-:h1NTY:~G 8.090727FI N. U(K IN WITriESS WHEREOF, -the parties hereto have caused this Agreement to be executed by their fully authorized officers the day and year hereinafter set forth. COUNTY OF LOS ANGELES By ATTEST: SACHI HAMAI Executive Officer-Clerk Board of Supervisors By Deputy APPROVED AS TO FORM: ROBERT E. KALUNIAN Acting County Counsel By (Signatures continued) DON KNABE Chairman, Board of Supervisors CCCA-CO[,:a.SPC1ND6MNTYAGR.U90727FIN-{~C g ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CITY OF AGOURA HILLS By MAYOR CITY OF ARTESIA By MAYOR CCCA-CO(.A.SPCINDEMNTYAGR.Q9U727FINDOC ,~ ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY t~TTORNEY By (Signatures Continued) CITY OF AVALON By MAYOR CITY OF BELLFLOWER By MAYOR COCA-CC)1.:1.SPCINDEMNTYAGR.090727FfN.L)OC. ~ ~ CITY OF BRADBURY By ATTEST: By City Clerk APPROVED AS TO FORM.: CITY A'I'I`ORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued). MAYOR CITY OF CALABASAS By MAYOR .4,. CCCA-CO LAS PCtNDEM NTl"AG (:.090727 FI N.000 CITY OF CARSON By - ATTEST: By . City Clerk ' APPROVED AS TO FORM: CITY ATTORNEY By MAYOR CITY OF CERRITOS By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COL,:l.SVCINDE?~tNlYAUR.090127f'1NDUC ~ CITY OF COMMERCE ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By MAYOR By CITY OF COMPTON By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued MAYOR CCCA-COLAS PCtNDEMN"CYAGR.090727PI N. DOC ATTEST: By City Clerk ` APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CITY OF DIAMOND BAR By MAYOR CITY OF DUARTE By MAYOR CCCA-G'OL.4.SPCINDEh4NTYAGEt 09J727PIN'.DOC J ,~ ATTEST: By City Clerk ~~ APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CITY OF HAWAIIAN GARDENS By MAYOR CITY OF HIDDEN HILLS By MAYOR COCA-COLA.SPCINDFMNI'YAGk.09(1727F1N.DOC l ATTEST: By City Clerk ' APPROVED AS TO FORM: CITY ATTORNEY By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By (Signatures Continued) CCCA-COLAS PCINDEPnN'il'AGR.090727FIN.DOC CITY OF INDUSTRY By MAYOR CITY OF LA CANADA FLINTRIDGE By MAYOR 16 CITY OF LA HABRA HEIGHTS ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY BY (Signatures Continued) By MAYOR CITY OF LA MIRADA By MAYOR CCCA-C:OL,4.SPCINDEti1NTl'AGR.09072 il'Iti.DOC I? ATTEST: By City Clerk APPROVED AS TO FORM: '~ CITY ATTORNEY i By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CITY OF LA PUENTE By MAYOR CITY OF LAKEWOOD By MAYOR ccct~-col..,.sr~ciu~~rn~h~rv.acR o9ma;Eiti.ncx, I g ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCA-COl.A.S PC[NDEMN'I'YAG R.090727F1 N. DOC CITY OF LANCASTER By MAYOR CITY OF LAWNDALE By MAYOR t1 CITY OF LOMITA By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF LYNWOOD By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) COCA-CC)1.A.S PCIND EMN"1'YAGR.090727PIN. D(}C 7Q ATTEST: - '. By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CCCr1-COLA.SPClNDIavt N'I~Y':1GR.090727PLN.!)OC CITY OF MALIBU By MAYOR CITY OF NORWALK By MAYOR 21 ATTEST: By City Clerk ` APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures Continued) CITY OF PALMDALE By MAYOR CITY OF PARAMOUNT By MAYOR C:CCA-COLA.SPC(NDEMN'I'YAGR.090727FIN.DOC 2 ~ ATTEST: By City Clerk ~~ APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By _ City Clerk APPROVED AS TO FORM: CITY ATI`ORNEY BV (Signatures continued) CITY OF PICO RIVERA By MAYOR CITY OF RANCHO PALOS VERDE By MAYOR CCCA-COLA.SPCIN[)Et~i1v'CY!~GR_090727FtN.DOC ~ CITY OF ROLLING HILLS ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By gy MAYOR CITY OF ROLLING HILLS ESTATE By MAYOR tSignatures continued; CCCA-COI_.A.SPCiNDEMN"I'YAGR.090727FIN.DOC 74 CITY OF ROSEMEAD gy MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By CITY OF SAN DIMAS By MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures continued) cccn-coi:n.sNCi;~~rn~~U~-t•f,cF.o9o~z~rin.~oc , s ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED- AS TO FORM: CITY ATI`ORIVEY By (Signatures continued) CITY OF SANTA CLARITA By MAYOR CITY OF SOUTH EL MONTE By MAYOR CCCA-COL.4.SYClNDEiM~1TYAGR.090727FfN.DOC ZU CITY OF TEMPLE CITY ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By B\T MAYOR CITY OF WALNUT BY MAYOR ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By (Signatures can tinued) CCCA-COLA.SPCENDEMNTI'r~CiR 090727FIN.DOC 7 ';' ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By ATTEST: By City Clerk APPROVED AS TO FORM: CITY ATTORNEY By _ (End) CITY OF WEST HOLLYWOOD sy MAYOR CITY OF WESTLAKE VILLAGE By MAYOR CCCA-COi_A.S PC[ N D GM M~ti'AG 8.09(172 7 F1N.DOC ~ ~ DATE: TO: APPROVED BY PREPARED BY: SUBJECT: AGENDA STAFF REPORT August 4, 2009 Honorable Mayor and' Members of the City Council Roger L. Haley, City Manag r Robert S. Torrez, ACM - Admin & Comm Sv~ Lorry Hempe, ACM -Development Alfredo J. Lopez IiI, Director of Human Resources Redevelopment Director Employment Services Agreement Recommendation: Staff recommends the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE REDEVELOPMENT :DIRECTOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT." Background: The City Manager has selected a candidate for the position of Redevelopment Director and authorized the extension of terms and .conditions of an at-will employment agreement. The City Manager's decision comes after a Statewide executive search managed by the Human Resources Department, which included official job postings at various professional, industry-related, diversity and local listings. The process included two levels of oral- interviews and a conditional background check to the satisfaction of the City Manager. Discussion 8~ Analysis: The Human Resources Department processed 14 interested applicant packages for this position. Human Resources then screened down 11 qualified candidates, and invited four highly qualified candidates to interview for the position. AUEf~®A ITEr~.~i ~' ~~~ ~' ~~' An internal panel consisting of the City Manager Managers of Administrative and Community evaluated the candidates. The City Manager the finalist interview. and both the Assistant City Services and Development n invited two candidates for. a Following a thorough finalist interview, after completing a background check, the- position was tentatively offered to and accepted by Ms. Sarah Magana Withers. Ms. Withers is currently employed as a Senior Partner/Director of Development with Vista Partners;' Inc. Ms. Withers' resume is attached. The Redevelopment Director appointment is significant in that the position will play a key role in helping the City achieve its redevelopment, housing and economic development objectives. Ms. Withers has specific development experience that will prove useful in the short- and long-term. Fiscal Impact: The appointment of the Redevelopment Director fills a current budgeted vacancy that meets the City Manager's critical staffing plan. Monies for this purpose are budgeted in the FY 2009-10 adopted budget. Coordinated With: City Manager's Office City Attorney's Office Redevelopment Finance & Administration Attachments: Resolution No. Resume of Sarah M. Withers At-Wilt Employment Agreement Exhibit A -City and MBU MOU Exhibit B -Separation, Severance and General Release 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE REDEVELOPMENT DIRECTOR AND AUTHORIZING THE CITY MANAGER TO EXECUTVE THE AGREEMENT WHEREAS, the City of .Lynwood is a General Law City under California law and is governed by and elected City Council; and WHEREAS, the management of the day-to-day business of the City is the responsibility of the City Manager; and WHEREAS, under the general direction of the City Manager, the Redevelopment Director will be in charge of the administration of the financial affairs of the City's Redevelopment Agency end be Department Head to .the Redevelopment Department; and WHEREAS, the City Manager has directed the Human Resources Department to conduct a Statewide executive search to retain the services of a Redevelopment Director; and WHEREAS, the City Manager has selected a candidate for the position of Redevelopment Director and authorized the extension of terms, of employment to the Redevelopment Director under an "at-will" employment agreement, a copy of which is attached hereto as Exhibit "A." NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:- Section 1. The Mayor is authorized to execute the attached at-will REDEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT on behalf of the City, subject to the City Attorney's approval of the form. Section 2. The Redevelopment Director is authorized and directed to commence performance of the .duties of the position upon the effective date of the agreement. Section 3. That this Resolution is to be given effect upon its adoption by the City Council of the City of Lynwood and execution of the same by the appropriate parties. PASSED, APPROVED and ADOPTED this 4th day of August, 2009 ATTEST: Maria Quinonez CITY .CLERK APPROVED AS TO FORM: Fred Galante CITY ATTORNEY Maria T. Santillan MAYOR APPROVED AS TO CONTENT: Roger L. Haley CITY MANAGER Alfredo J. Lopez III DIRECTOR OF HUMAN RESOURCES 4 RECEI~EO CITY OF I_Yi~4lftt00~ Sarah Magana Withers _ MAY 2 0 ZUUG PERSOIVF~EL. Summary of Qualifications Professional Experience Twenty three (23) years of public and private sector experience in -the fields of real estate, project management, entitlements, land use, redevelopment, economic development, contract negotiations, budgeting, marketing and media relations. Experienced in progcam development and implementation with an emphasis on community outreach. Licensed with the Califomia Department of Real Estate. Fluent in Spanish. Vista Partners, Inc. 7/01 -Present Senior Partner/Director of Development Managing partner in charge of development projects on behalf of real estate developers, retailers ar=.d media companies encompassing entitlements,: planning, architectural design and predevelopment coordination. Interface and negotiate contracts with government agencies and provide acquisition services. Negotiate Exclusive Negotiation Agreements (ENA); Disposition Development Agreements (DDA) and handle all aspects of Redevelopment (RDA) Projects on behalf of development entities. Assigned on special projects for Universal Pictures Physical Production. Assignments include facilitating locations and permitting for movie productions. Notable productions are as follows: Bruce Almighty, Firefly and How High. Currently assigned as Director of Development with the Charles Company a real estate development firm which owns and operates over 6 million square feet in Califomia and Nevada. Directly managing the acquisition -and entitling of the following projects; 47 acre waterfront industrial site in San Diego County; RDA assisted. 240-acre mixed-use retaiUndustrial development in Imperial Valley abutting the most contaminated river in the United States; RDA assisted civic center retail/office project in the City of Pomona; RDA assisted mixed use residential/retail center in the City of Monterey Park; Adaptive reuse of a former theatre identified on the national historical registry. Duties include management of all RDA negotiations, entitlements and predevelopment of these projects, as well as the day to day predevelopment management including scheduling and pro forma analysis, of an additional tera (x0) projects within various municipalities throughout the State of Califomia. _ Completed projects within the last three (3) years, managed subcontractors handling the remedia6un and entitling of a 39 acre municipal landfill in the City of Palm Springs; Phase 1 of 30 acre mall conversion to office/retail in the City of Hawthorne; Two Projects in the City of Inglewood 1) Adaptive reuse former smart Store to Home Depot Center 2) Assembled multiple parcels and developed a Burlington Coat Iractory, CVS and ancillary retail; Mixed use retaiVresidentialproject inthe City of West Hollywood and Santa A.na; Multi-tenant retail centers in the City of Baldwin Park, Lynwood, EI Monte, Vallejo, Sacramento and Culver City. Including the remediation and redevelopment of nine (9) former gas station sites. Managed overall day to day operations of acquisitions and entitlements. City of San Fernando, Administration 4196 - 6101 Redevelopment and E onomu Development Manager ~~- Managed the City'sredevelopmentand economic development work plans, services, policies procedures and reports. Developed timetiies and resource allocation for projects. Performed fiscal analysis and prepared program budgets. Assured compliance with contract requirements, federal record- keeping/documentation requirements and local policies. Prepared and processed contracts and agreements. Monitored and analyzed real estate trends and prepared reports. Successfully negotiated partnerships and lured numerous corporate tenants for new developments. Negotiatedcity-owned property lease agreements, purchase contracts_and construction management. Accomplishments include the expansion and corporate relocation of Rydell Chevrolet Dealership; Home Depot retention and expansion; retained and lured several Fortune 5001arge employers. Managed the creation and implementation of a variety of programs such as the Downtown Revitalization- Plan, Image Enhancement Campaign and Economic Development and Housing Strategic Plans. Coordinated multi- agency tasking for special assignments, served as media spokesperson and city liaison for public education strategies. Co-authored such programs as the Neighbofiood Preservation Program, Rental Inspection Program, First-Time Homebuyers Program, Senior Housing Program and Anti-Gang and Community Policing Program. Developed the city's marketing strategy and developed materials. Planned and managed citywide events. Created partnerships with Federal, State, County, and Local legislators and successfully obtained millions of dollars in unprecedented state funding for capital outlay projects. Coordinated workshops for legislators and staff to showcase city projects and fiscal needs. City of San Fernando, Community Development 10187 -4196 Community Preservation Officer Coordinated multi-agency tasking for special assignments. Served as city liaison in implementing public education strategy for community development programs. Prepared and presented staff reports to State/County Legislators, City Council and City Planning Commission. Developed and administered code compliance programs. Researched special reports, surveys, and projects. Managed all aspects of community preservation programs. Monitored CDBG and other types of contracts. Chaired various task forces and special committee's. Managed police explorer program for the San Fernando Police Department and developed funding strategy for current program. Obtained numerous grants for city programs. City of San Fernando 4186 -10187 Police Desk Officer Supervised the police switchboard and radio operations. Received and assigned emergency calls and dispatched appropriate police and emergency units. Maintained and prepared police logs and reports., Assisted safety personnel in booking, fingerprinting and searching of prisoners. Monitored jail security. Served as media spokesperson. Assisted legislators, administrative personnel and the general public with department policies and regulations. Translated oonfidentia4 documents. Sarah M. Withers Resume May 2009 Education! Certifications Awards! Recognitions Affiliations t Ross Real Estate Development Program, University of Southern Califomia '01 Bachelor of Science -Business Administration, University of La Verne 1999 Associate of Arts -Liberal Arts, Los Angeles Mission College 1993 Peace Officers Standards of Training - 832 PC 1991 Certified Zoning Officer 1991 Califomia Department of Real Estate /Realtor Associate 1990 Community Service Commendation - Governor Gray Davis 2001 Community Service Award -Califomia State Assembly 2001, Outstanding Woman of the Community 1997 City of San Fernando "Above and Beyond" 1995 Chamber of Commerce Outstanding Employee of the Year 1993 Former City of Los Angeles Commissioner /Information and Technology Board Calexico New River Committee -Board member Los Angeles Urban Renewal Network -Board member International Council of Shopping Centers Business and Professional Women's Organization .League of Califomia Cities Califomia Redevelopment Association References Available Upon Request. Sarah M. Withers Resume May 2009 THE CITY OF LYNWOOD REDEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT This at-will REDEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT ("Agreement") is effective the 10`h day of August, 2009, by and between the CITY OF LYNWOOD, a general law city and municipal corporation ("City") and SARAH MAGANA WITHERS, an individual ("Redevelopment Director"). RECITALS WHEREAS, the City Council of the City ("Council") desires to employ Sarah Magana Withers to serve in the at-will position of Redevelopment Director for the City and the Lynwood Redevelopment Agency ("Agency"); WHEREAS, Redevelopment Director desires to perform acid assume responsibility for the provisions of such professional services to the City and Agency; WHEREAS, the parties wish to establish the terms and conditions of Redevelopment Director's services to the City and Agency .(City and Agency collectively referred to herein as "City") as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Redevelopment Director hereby agree as follows: AGREEMENT 1.0 EMPLOYMENT & DUTIES 1.1 Duties. City hereby employs Redevelopment Director to serve as the City's Redevelopment Director, to perform the functions and duties of a Redevelopment Director as such duties are customarily performed by a person in such position, as specified .in any position description for the Redevelopment Director and to perform such other.. legally permissible and proper duties and functions as the City Manager shall, from time-to-time, direct or assign, including, but not limited to, the duties of Redevelopment Director of the City, unless said duties are reassigned by the City Manager. 1.2 Work Schedule. The parties agree that the Redevelopment Director shall engage in the hours of work that are necessary to fulfill the obligations of the position and must devote a time in addition to the City's regular business hours to the business of the City. Redevelopment Director acknowledges that City Hall is open Monday through Thursday from 7:00 am to 6:00 pm and is closed on Friday such that the City's standard work week is 4 10- hour days. Notwithstanding the foregoing, the Redevelopment Director will be permitted reasonable time off during the City's business hours, as is customary for exempt employees, so long as the time off does not interfere with the City's business. 1.3 Outside Activities. The Redevelopment Director shall not spend more than 10 hours per week in teaching, consulting or other non-City-connected business activity without the prior approval of the City Manager, and none of Redevelopment Director's outside activities shall be in conflict with her performance and responsibilities asRedevelopment Director. 1.4 Direction. The City shall retain full direction and control of the manner, means and methods by which Redevelopment Director performs the services for which she is employed hereunder and of the place or places at which such services shall be rendered. 1.5 Employment Status; At-Will. Redevelopment Director shall serve at the will and pleasure of the City Manager and understands she is an "at-will" employee serving at the pleasure of the City Manager and subject to summary dismissal without any right of notice or hearing, including any so-called Skelly hearing. City Manager may terminate the employment of Redevelopment Director at any time, with or without cause, as set forth in Section 3.2 below. The Parties acknowledge that while Redevelopment Director is afforded the benefits described is: Article 6.0 and those benefits provided other City management in accordance wit11 the "Comprehensive Memorandum of Understanding for Submission to the Lynwood City Council Regarding Lynwood Management Bargaining Group" ("MOU"), as may be amended. A copy of which is attached hereto as Exhibit "A," Redevelopment Director is not an employee represented by any bargaining unit and nothing in this Agreement or the City's policies or procedures, either now or in the future, is intended to change the at-will nature of this relationship. 1.6 City Documents. All data, studies, reports and other document:, prepared by Redevelopment Director while performing her duties during the term of the Agreement shall be furnished to and become the property of the City; without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings; descriptions, computer program data, input record data, written information, and other materials either created by or provided to. Redevelopment Director in connection with the performance of this Agreement shall be held confidential by Redevelopment Director to the extent permitted by applicable law. Such materials shall not, without the prior written consent of the Council, be used by Redevelopment Director for any purposes other than the performance of her duties her the City. Nod shall such materials be disclosed to any person or entity not connected with s:hf performance of services under this Agreement, except as required by law. 1.7 FLSA Exempt Status. Redevelopment Director agrees that her posit.ior is that of an exempt employee for the purposes of the Fair Labor Standards Act. 2.0 COMPENSATION AND REIMBURSEMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, City agrees to pay Redevelopment Director an annual salary of One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00) ("Salary"), which shall be paid on a bi-weekly at the same time that other employees of City are paid. The Salary shall be adjusted for payroll taxes, workers' compensation and other payroll-related liability costs. Redevelopment Director understands and agrees that her compensation for the first pay period that she is working for the City shall be prorated consistent with all applicable laws as she is commencing work in the middle of a pay period. 2.2 Annual Salary Review. City and Redevelopment Director agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Article 5.0. The Redevelopment Director shall receive any Cost of Living Allowances. (COLA's) "consistent with" or "provided by" the Management Benefit Plan. In addition, a merit increase up to five percent (5%) of the Salary may be granted on the Redevelopment Director's one year anniversary in the sole discretion of the City Manager. 2:3 Effectuating Salary Adjustment. City and Redevelopment Director agree that any upward adjustment in the Salary paid to Redevelopment Director shall be at the discretion of the City Manager. 3.0 TERM 3.1 Commencement & Effective Date. Redevelopment Director shall commence her services hereunder at 7:00. a.m. Pacific time on the 10`h d_ay of August, 2009, which shall also be deemed the effective date of this Agreement. 3.2 Termination Without Cause. The City Manager or his designee may terminate this Agreement at any time with or without cause, without notice to Redevelopment Director. Additionally, Redevelopment Director may terminate this Agreement at any time with or without cause, provided she provides City Manager with at least thirty (30) days advance written notice prior to the effective date of termination, unless a shorter period is acceptable to the City Manager. Redevelopment Director expressly agrees that she shall not be entitled to any severance pay as the result of any termination of this. Agreement initiated by the Redevelopment Director; whereas, should the City elect to terminate or not extend this Agreement, and the services of Redevelopment Director hereunder, City shall, upon the effective date of such termination, pay to Redevelopment Manager severance as provided in Section 4.1 below, except in the case of termination for cause under Section 3.3 below, and all accrued but unpaid Salary and vested benefits through the date of termination. 3.3 Termination for Cause. Notwithstanding anything herein to the contrary, the City may terminate Redevelopment Director's employment hereunder for cause for any one of the following reasons: Redevelopment Director's loss of legal capacity; personal dishonesty by Redevelopment Director in performing her duties hereunder; acts of fraud or misrepresentation or any act of malfeasance or moral turpitude; conflicts of interest or breach of fiduciary duty; gross negligence or incompetence in performing his or her duties hereunder; willful breach by Redevelopment Director of any provision of this Agreement; Redevelopment Director's insubordination or willful failure to follow City policies, procedures, rules or regulations; Redevelopment Director's willful and serious misconduct; actions by Redevelopment Director that are seriously detrimental to the reputation of the City; or Redevelopment Director's conviction of a criminal offense. The City may also terminate Redevelopment Director's employment under this Agreement for material performance deficiencies, other than those listed above, upon written notice to Redevelopment Director, specifying the nature of the performance deficiencies, and upon Redevelopment Director's failure to improve said deficiencies within thirty (30) days thereafter. Upon termination. of Redevelopment Director's employment with the City, the. City shall be under no further obligation to Redevelopment Director, except to pay all accrued but unpaid Salary and vested benefits through the date of termination. 3.4 Cooperation. After notice of termination, Redevelopment Director shall cooperate with the City, as requested by .the City, to effect a transition of Redevelopment Director's responsibilities and to ensure that the City is aware of all matters being handled by Redevelopment Director. 4.0 SEVERANCE 4.1 Severance Pay. Except as provided in Section 3.3, should -City elect to terminate or not extend the services of Redevelopment Director hereunder, City shall, upon the effective date of such termination, pay .Redevelopment Director severance pay in a -sum equal to four (4) months of her Salary, together with all other vested benefits, as and for severance pay. 4.2 Payment For Accrued Benefits. Except as provided for in Article 6.0, upon the termination of this Agreement and the services of Redevelopment Director thereunder, City shall pay to Redevelopment Director the cash equivalent of all vacation eave then accrued. Such cash equivalent shall be calculated by dividing Redevelopment Director's then-prevailing annual salary by 2080 hours and by multiplying the resulting quotient by the number of hours accrued (but unused) vacation , as the case may be. J 4.3 Sole Rights. The severance rights provided in Article 4.0 shal9 constitute the- sole and orily entitlement of Redevelopment Director in the event of the termination, other ..than for cause or non-extension of this Agreement, and Redevelopment Director expressly waives any and all other rights except as provided .herein. Any and all severance rights are: conditioned upon execution of standard "Agreement of Separation, Severance and General Release" attached hereto as Exhibit "B." 5.0 PERFORMANCE EVALUATIONS. 5.1 Purpose. The. performance review and evaluation process set forth. herein is intended to provide review and feedback to Redevelopment Director so as to facilitate ~~ more effective management of City. Nothing herein shall be deemed. to alter or change; the employment status of Redevelopment .Director, nor shall this Article 5.0 be construed as requiring "cause" to terminate this Agreement or the services of Redevelopment Director thereunder. 5.2 Six Month Evaluation. The City Manager may review and evaluate they performance of Redevelopment Director within six (6) months after the commencement oi' this Agreement. The City Manager may consider Redevelopment Director's performance in light of Approved Goals or other criteria as deemed appropriate by the City Manager. Such review anti evaluation shall be conducted in accordance with the purpose noted in Section 5.1 above. 5.3 Annual Evaluation. The City Manager may review and evaluate the performance of Redevelopment Director annually, within thirty (30) days after each anniversary date. In addition, Redevelopment Director shall submit for City Manager's consideration at those times established by the City Manager, but at least annually, Redevelopment Director's proposed performance goals and objectives and incorporate the City Manager's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above. 6.0 .BENEFITS 6.1 Automobile Allowance. City shall provide Redevelopment Director with a monthly vehicle allowance of Five Hundred Dollars ($500.00) as full compensation for the usage of Redevelopment Director's personal vehicle for City-related business, which vehicle allowance shall be paid to Redevelopment Director through payroll, with applicable taxes and other payroll-liability costs deducted. Redevelopment Director understands that any applicable taxes are her'responsibility to pay and. not covered by the City: 6.2 Electronic Media Allowance. City shall provide Redevelopment Director with a monthly allowance for electronic media of One Hundred Twenty-Five Dollars ($125.00) as full compensation for the cost associated with the purchase and use of electronic media to be used for City-related business, which allowance shall be paid to Redevelopment Director through payroll, with applicable taxes and other payroll-liability costs deducted. Redevelopment Director understands that any applicable taxes are her responsibility to pay and not covered by the City. 6.3 Bilin uag 1 Pam In accordance with "Comprehensive Memorandum of Understanding for Submission to the Lynwood City Council Regarding Lynwood Management Bargaining Group" as may be amended and attached hereto as Exhibit"A" (hereinafter "MOU"), Redevelopment Director shall be paid bilingual pay of One Hundred Twenty Five Dollars ($125) per month upon passing a verbal bilingual exam to the satisfaction of the Human Resources Department. 6.4 .Medical Dental Vision and Life Insurance. City shall provide to Redevelopment Director the same group medical, dental, vision, and life insurance plans and/or programs as are offered to the City's Management in accordance with the MOU. The City's contribution on behalf of Redevelopment Director toward any PERS health insurance plan shall be at the family premium rate for Kaiser coverage. In addition, the City will pay the full cost of dental plan- premiums and vision plan premiums for Redevelopment Director and her eligible dependents. Redevelopment Director shall be reimbursed for co-payment costs in accordance with the Management Benefit Plan, and City shall provide and pay for a life insurance policy for Redevelopment Director in the amount of Fifty Thousand Dollars ($50,000). 6.5 PERS. In accordance with the MOU, City shall pay Redevelopment Director's share of all required retirement contributions to the California Public Employees' Retirement System ("PERS") in an amount equal to eight percent (8%) of Redevelopment Director's Salary as defined by the Public Employees' Retirement.Law ("PEKE"), Government Code Section 20000, et seq. The City will also afford Redevelopment Director the retirement benefit commonly referred to as " 3% at 60." Accordingly, City shall pay Redevelopment Director's share of all required contributions to PERS, as provided to other City Management employees of the City in accordance with the MOU. 6.6 Vacation, Personal and Sick Leave. In accordance with the MOU, and subject to vacation, personal and sick leave accruals as outlined in the Management Benefit Plan, Redevelopment Director shall accrue leave as follows: Vacation at the rate of Eighty (80) hours per year; Sick leave at a rate of Ninety-Six (96) hours per year; Personal leave at a rate of Twenty (20) hours per year. Redevelopment Director's accrual rates shall be revised if the accrual rates, as set forth in the Management Benefit Plan, are revised. Additionally, as further described in the Management Benefit Plan sell back provisions, Vacation leave may be converted into cash, up to One Hundred Sixty (160) hours in one year. 6.7 Holidays. In accordance with the MOU, Redevelopment Director shall be entitled to Nine (9) days of paid holiday time and a total of Five (5) floating holidays per year. 6.8 Executive Leave. In accordance with the MOU, Redevelopment Director shall accrue executive leave at the rate of Ninety (90) hours per year. Executive leave shall not be carried over from year-to-year. 6.9 Additional Benefits. Unless otherwise specified to the contrary in this Agreement, Redevelopment Director shall be entitled to such additional benefits and cost of living increases, if any, as are afforded other City Management employees pursuant to the MOU attached hereto as Exhibit "A." 7.0 PROFESSIONAL DEVELOPMENT 7.1 Membership. City encourages Redevelopment Director's continued professional development and membership and shall provide payment of appropriate related costs for such.activities, as approved by-the City Manager. 7.2 Out-of--Town Meetings & Seminars. City agrees to reimburse Redevelopment Director the actual cost for registration, travel, lodging, and meals and other reasonable expenses incurred by Redevelopment Director while attending overnight out-of town meetings or seminars related to her employment which are pre-approved by the City Manage.c• and in accordance with the City's policies for expense reimbursement. To be eligible to receive reimbursement for meals and lodging for out-of--town meetings or seminars, Redevelopment - Director must have budgeted funds available for same. 7.3 Local Meetings & Seminars. City agrees to reimburse Redevelop~~~ez~t Director the actual cost of registration, meals and other expenses necessarily incurred while ire attendance at local meetings or seminars related to her employment with City in accordance with the City's policies for expense reimbursement. 7.4 Incidental Ex ep rases. City agrees to reimburse Redevelopment Director the actual cost of those incidental expenses necessarily incurred by Redevelopment Director while engaged in the business of City upon the presentation of an appropriate receipt therefor in accordance with the City's policies for expense reimbursement. 7.5 Approval by City Manager. To be eligible to receive reimbursement for the memberships, travel and other expenses incurred pursuant tb this Article 7.0, Redevelopment Director shall obtain advance approval of City Manager. 8.0 INDEMNIFICATION 8.1 Indemnification. For the purposes of indemnification and defense of legal actions, Redevelopment Director shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City as set forth in the California Government Code. Accordingly, City shall defend, hold harmless and indemnify Redevelopment Director against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Redevelopment Director's serves under this Agreement: This section shall not apply to any intentional tort or crime committed by Redevelopment Director, to any action 'outside the course and scope of the services provided by Redevelopment Director under this Agreement, or any other intentional or malicious conduct or gross negligence of Redevelopment Director. 9.0 GENERAL PROVISIONS 9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other. agreements, either oral or in writing, between the parties with respect to Redevelopment Director's employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or biriding upon either party. 9.2 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be .sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows: To City: City Manager City of Lynwood 11330 Bullis Road Lynwood, California 90262 To Redevelopment Director: At her home address on file with the City Notices shall be deemed given as of the date of personal service or within two (2) days of the date of deposit in the course of transmission with the United States Postal Service. 9.3 Conflicts Prohibited. During the term of this Agreement, Redevelopment Director shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Redevelopment Director's duties under this Agreement. Redevelopment Director shall comply with all requirements of law, including but not limited to, Sections 87100 et sec .., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. - 9.4 Other Employment. The parties acknowledge that Redevelopment Director may conduct, participate in or otherwise be in engaged in independent consulting projects, not to exceed IO hours (or one workday) per week. In no event should any services;- employment or business pursuits be conducted in violation of this Agreement. 9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 9.6 Partial Invalidity. If any provision in this Agreement is held by a count of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions sh;~iC nevertheless continue in full force without being impaired or invalidated in any way. 9.7 Governing Law. This Agreement shall be governed by and constnaed ~n_ accordance with the laws of the State of California, which are in full force and effect as of the date of execution. 9.8 Independent Legal Advice. City and Redevelopment Director represent and warrant to each other that each has received legal advice from independent and sepsr<ztc~ legal counsel with respect to the legal effect of this Agreement and, City and Redevelopment Director further represent and warrant that each has carefully reviewed this entire Agreement a-ici that each and every term thereof. is understood and that the terms of this Agreement ilrt' contractual and not a mere recital. This Agreement shall not be construed against the party or~ s.~. representatives who drafted it or who drafted any portion thereof. IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Redevelopment Director has signed and executed this Agreement, all in triplicate. CITY OF LYNWOOD: Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Roger L. Haley, City Manager REDEVELOPMENT DIRECTOR: Sarah Magana Withers EXHIBIT A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING LYNWOOD MANAGEMENT BARGAINING GROUP JULY 1, 2008 TO JUNE 30, 2010 [See attached 4 ~: TABLE OF CONTENTS ARTICLE I IMPLEMENTATION. :.::.::....: .:....:......,:::: 1 ' ARTICLE II EMPLOYEE RECOGNITION` " :::.......::...:.. ' 2 ARTICLE III- CITY RIGHTS ..:.:....._..: ..::... ---:.:.-:-----.- 3 ARTICLE tV STEP INCREASES :.......:...::.:.._....:...------•---•- 4 _ ARTICLE V SALARIES/WAGES...... :.... ....... ~ .....:....:..: 5 - ARTICLE VI EXECUTIVE LEAVE ...... _ _ ,::...:::.:. ' :.:...........: 6 ARTICLE VII BILINGUAL PAY ....:......:. • --- --• ............... 7 ARTICLE VIII TOOL ALLOWANCE .::::.: ..----..... 8 . ARTICLE IX UNIFORM/CLOTHING ALLOWANCE ..... 9 ARTICLE X MILEAGE REIMBURSEMENT ::. .:..:.:...: 10 ARTICLE XI EDUCATION INCENTIVE PAY ..::.....:....... 11-12 ARTICLE XII LONGEVITY PROGRAM ............................. 13 ARTICLE XIII EMPLOYEES' INSURANCE COVERAGE .._. 4-15 .ARTICLE X1V SICK LEAVE POLICY .....................:....:.. 16-17 ARTICLE -XV HOLIDAYS ........:.......:... - .:................................ 18-19 ARTICLE XVI ACTING SUPERVISORY COMP ..............:.... 20 ARTICLE XVII RETIREMENT POLICY .............................. 21 ARTICLE XVill LEAVE BENEFIT ACCRUAL RATES ...... 22 ARTICLE XIX NON-DISCRIMINATION ._..: ......................... 23 ARTICLE XX ANNUAL VACATION LEAVE .................. 24-25 i ARTICLE XXI MILITARY LEAVE ___: .........:........:.................... .. 26 ARTICLE XXiI ` FAMILY CARE AND MEDICAL LEAVE POLICY ..............:. - ... ..._::. ---: ....:......... ..27-33 ARTICLE XXIiI HOURS OF WORK .:..............:..:......................... 34 ARTICLE XXIV ATTENDANCE. ................:...............:........... . 35 ARTICLE XXV GRIEVANCE/DISCIPLINARY APPEAL _. . PROCEDURE ..............:.............:.:.. . 36-38 ARTICLE XXVI BEREAVEMENT LEAVE .........:....:..: ............... 39 t• ARTICLE XXVII EMERGENCY LEAVE .....: .....................:.:.. 40 ARTICLE XXVIII JURY DUTY ..................:....•:-..:....................._..... 41 - ARTICLE XXIX: SERVICE.DISABILITY .:....:..:........:..:........:. 42 ARTICLE XXX NO STRIKE ..............:...:..-----......_....:..:.............. 43 ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE ........ 44 ARTICLE XXXiI SAVINGS CLAUSE .........:.::.................::..:......:.. 45 : ARTICLE ~JCXIII AUTHORIZED AGENTS :.::.::::..: . ..... .............. 46 ARTICLE XXXIV GENDER REFERENCES ..................:............. 47 ARTICLE XXXV ~.~LAYOFF ...................................................... 48-49 ARTICLE XX)CVI LEAVES OF ABSENCE : ............................: 50 ART'1CLE XX)CVIf FULL UNDERSTANDING MODIFICATIONS WAIVER ........ .......--•-- 51 ARTICLE XXXVIII RENEGOTIATION ................................:......... 52 ARTICLE XXXIX TERM ...................................:........................... 53 ~~ s ARTICLE I IMPLEMENTATION - _, .The wages, hours and conditions of employment that are set. forth in -the . Memorandum of Understanding ("MOU") have.. been discussed. and jointly proposed by and between the City of Lynwood ("City") by ari~d through the City's Municipal Employee. Relations Officer, and representatrves of the Lynwood. . . ,. Employees Management Group (hereinafter- "Group") and;, shall apply to all employees of the City working in the classifications as set forth herein.: The terms and conditions of employment that. are set in this MOU have been discussed iri good faith. between City and Group, and the °Municipaf Employee Relations Officer agrees to recommend to-the Lynwood City Council that all of the items and conditions of employment as set forth herein be incorporated in full in a resolution of the. City Council- or where appropriate, in a policy statement. Upon the adoption of such a resolution and/or policy statement, all terms and conditions of this MOU so incorporated, shalt become effective as provided without any further action by either party. 1 A. The-City hereby. recognizes the Lynwood Employee Management Group as .the recognized :representative for all management positions to the `fullest extent allowable .under. California -law applying to public employees and as further,: defined in Resolution No: 2002-103, adopted by the Lynwood City .Council on July 16, 2002... The Group is therefore the. ~ recognized bargaining: agent. B, ` It is`understood.:andagreed that the positions of Assistant City.Manager, Assistant fo the City Manager, Deputy Director of Finance, and Personnel Analyst II, are determined and recognized as confidential .positions and are .not included. in this bargaining .unit..: Caveat: A list of designated management positions- wilt be discussed and mutually agreed upon, as ,part of a re-opener on Article ll, B; in-the first quarter ~ of 2009..,. Any.: managementfconfidential positions resulting from this re-opener will be dealt wth,separately. I . i i 2 ARTICLE 111 CITY RIGHTS A,. It is understood and agreed that the City retains all of its powers and authority to direct; "manage and control to the full extent of the -law. Said powers and authority include; but-are not limited to, -the exclusive°rights to: ,determine its organization; direct the work'of its employees; determine .the. times of operation; determine the kinds and levels of services to be provided,` and the methods and means of providing them; establish its policies, goals and objectives; determine staffing patterns; determine -the number and kinds of personnel required;. 'maintain the effciency of City operations; build, move; modify or close facilities;. establish budget procedures and. determine budgetary allocations; determine fhe methods- of raising revenue; contract out :work; and take acfion on matters in' the evenfi ofi emergency: In addition, the City retains the right to hire, classify, assign; ,evaluate, transfer, promote;: terminate and discipline employees. B: In case of emergency, the- City retains its right to amend; modify or rescind provisions of this MOU. =Such amendment, modification or rescission shall remain in force only for the period 'of the emergency: The determination of whether or not an emergency exists is solely within the discretion of the City Council: 3 ARTICLE IV STEP INCREASES Employees are eligible for astep- increase-- upon. successful completion. , of probation and thereafter will be considered on the basis of merit-,after intervals of one (1) year. Section 1. Any employee hired or promoted to Step A of a different .range: of pay, shall. receive the Step B salary at the successful completion of the probationary period. Increases to Step C, D and E within any pay range. shall be based on satisfactory job performance by the individual and shall be reviewed at least at-the following-time intervals:.,- Step C -One (1) year after the Step B increase Step D -One (1) year after the Step C increase Step E -One (1) year after the Step D increase Section 2. Employees hired or promoted to any step above Step 'A shall receive the next step at fhe successful completion of the probationary period: Other increases within the range shall be followed in the method described `in' Section 1. Section 3. New employees, as well as current employees. accepting another position within the .bargaining unit, shall be appointed at the first step of the salary range to which their class is assigned,. except that when the education and previous training or experience of a proposed employee are substantially ,superior to those required of the class and justify a beginning salary in excess of such minimum _ compensation.. Upon recommendation of the department head;. . _ the City Manager may authorize -and appointment to this position at. any higher step: The department-head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this article do not apply to those hired or employed on an hourly basis. 4 ARTICLE: V SALARIES/WAGES Section 1. Effective the first full payroll period commencing on-or after July 1, 2008, all employees covered by this bargaining unit shall receive a 3% increase to base salary as a Cost of Living increase (COLA). Effective the first full payroll period. commencing on or after July 1, 2009, all employees covered by this bargaining unit shall receive a 3% increase to base salary as a Cost of Living increase (COLA).. Section 2. Mandatory Direct Deposit - All- Management Group employees shall be on electronic direct payroll deposit within two (2) payroll periods of approval of - the 2007-2008 MOU. 5 ART1CLEl/I EXECUTIVE LEAVE It is agreed that management. employees who are assigned to regularly attend City Council, Commission or Board meetings shall. be granted ninety (90) hours - .Executive Leave annually. All other management staff shall. receive seventy. (70) hours annually. Executive leave may be taken at anytime after the.. first of the calendar. year with ' the approval of the- Department Head. and/or City Manager. Executive Leave may not be accrued beyond the present .calendar year. Unused Executive -Leave at the end of a calendar year (December 31) or upon leaving .employment will. be lost. Any over use of Executive -Leave shall be repaid in full to` the City upon termination of City employment: A Personnel Status Report form will be required for approval of the ninety (90) ,hours leave. 6 ARTICLE VII BILINGUAL PAY The City Manager may grant compensation to fulltime employees ,who have ..,: _ passed their initial probationary period for using .bilingual skills in tfie course of work,' provided that such employees `use'' bilingual 'skills at least' 20% `of -their working time for either written or oral. communication. Employees required to use bilingual skills in the course of their work may request .bilingual pay by submitting written justification approved by the Department Head to the City Manager: _ _ ,. Those employees approved by the City Manager--for bilingual pay. shall be required to pass a language proficiency examination. Bilingual. pay shall be one hundred twenty-five ($125.00). dollars per month paid on a biweekly basis effective the first full- pay period after the first of the morth' following. the submission of a Personnel Status Report form-with- proper approval 7 ARTICLE VIII TOOL ALLOWANCE i ~ The Equipment Repair Supervisor shall- receive an allowance for furnishing and I~ using his own tools:.>The".allowance is payable annually in June through payroll. , ~ The amount of payment will be calculated at the rate of $40.00 per each full ~ --.' = month of °employment during the; previous 12-month period. if the employee leaves. City service prior to the June payment date, the amount of tool allowance payment will be as `accrued with appropriate documentation initiated.. by-the ~ department prior to".termination of :City employment. ,. i ~ - I i I i I 8 ARTICLE IX UNIFORM AND<CLQTHING ALLOWANCE `' The '` City will ' furnish - Public :Works `and Park Department management employees, whose duties require wearing uniforms, three (3) uniform changes per week--plus. one: (1) additional laundered. shirt per week: Effective the first payday in December of 2004, position titles identified below that 'are required to wear OSHA safety boots/shoes shall receive $75 as a uniform allowance annually: • Building Maintenance Supervisor • Park.Superintendent • Street Maintenance Supervisor • Equipment Repair Supervisor • Building and Safety Manager • Electrical. Maintenance Supervisor The allowance is taxable and will be included within the employee's paycheck. 9 ARTICLE X ~ MILEAGE REIMBURSEMENT With the approval of. the .Department Head and .thee City -Manager, the City will reimburse management employees required to use their personal vehicles for the . purpose of conducting City - business at the ` rate contained ' in the Internal . Revenue Service code book. The employees must document the date; destination and beginning and ending - odometer reading from his vehicle in supporting the request. Said infofmation must be logged on Mileage Claim Form when requesting payment. ' Employees receiving monthly. automobile allowances are not eligible for mileage reimbursement. ARTICLE XI EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT To encourage employees in undertakin. g outside study to the end that they may perform their duties in a more: efficient manner, a system of education. pay, over and above established.pay schedules, is'hereby established. Section 1. Education Incentive Pay - - -- Education incentive pay is allowable for completed courses of approved subjects at accredited- schools, and is fixed at $1.00 per month for. each emester unit of;. •Credit satisfactorily completed by-the employee with a grade of,"C" or better. < A quarter unit is the equivalent of a semester unit and is also .compensated at $1.00 per. month. Maximum pay is fixed at $150 per month. All courses of study must have prior approval by the Department Head and the` City Manager in order to receive education incentive pay. Accredited schools are herein .defined as accredited colleges, junior colleges, universities or other schools providing college credits that are accredited by nationally. recognized .accrediting agencies as determined by he U.S. Secretary of Education. Suitable written certification from the., school or granting agency showing. satisfactory completion of each course or program shall be submitfed to the Personnel Office. for personnel records. Education incentive pay 'shall commence during the first full pay period in the month following the submission of written certification. Bachelor's/Master's Degree Pay - Certain positions within the Group do not require degrees of higher education. , The City may pay employees one hundred fifty dollars ($150.00) per month who -have graduated and received a bachelor of.:arts or bachelor of science degree from an accredited college or university or the City will pay employees two .hundred dollars ($200.00) per month. who obtain a master's :degree. from an accredited college or university Compensation under this section only applies to those employees- whose positions do not require a bachelor's or master's degree as set forth in the City's official job description(s). In order to qualify for,compensation under this section, employees must submit a request for compensation, submit proof of the degree obtained, and receive approval •by the City Manager, 11 Section 2 -Tuition Reimbursement Program The City will contribute 100% of fhe cost of tuition fees for such courses, up to $1500' per semester or quarter course while-the employee is accruing the $150 per. month maximum education- incentive pay (as described above): The .maximum City contribution to: the cost of. tuition and books is $3000. annually. Tuition Reimbursement Program guidelines are available through; the Personnel . Division. _ ;. The: provisions - of this section do not apply to employees undertaking an . approved course-ddring a regular workday. or assigned shift: Section 3 -Certificate Pay Program The City will pay up to $300 per month Certificate Incentive Pay-upon certification as' a Certified Energy. Manager, Certified Green Building Professional (CGBP) or Leadership in Environment and Energy Design (LEED). An employee covered by , this agreement may not receive Certifcate Incentive Pay for more than one of these certificates at a time. 12 ARTICLE XII LONGEVITY PROGRAM Section 1 _ Effective 7-1-881ongevity pay- will be as follows: 1 % of base salary at the end of seven (7) years of service; an additional' 1 % of base salary at the end of twelve {1`2) years of service; and ~ari`additioral 1 % of base salary at the-end of seventeen (17) years `of service; "and an additioria! $300 annually paid on a biweekly payroll -basis after completion of twenty-five (25) years of service. ••Section 2. Effective '1-1-89 longevity pay will be as follows: .The same as above with deleting $300 annually paid for twenty-five (25) years of service and inserting two percent (2%) ofi base'salary at twenty-two (22) years of ' service. -:: - The additional percent(s) to base salary shall be paid on normally- assigned positions and not temporary or special assignments. 13 ARTICLE XIII EMPLOYEE'S INSURANCE COVERAGE Health Until December.;31, 2008,-the .City shall: continue to contribute toward any PERS health insurance plan selected; by full. time employees, at a rate.up to the PERS established Kaiser Orange County family rate. Effective-January 1, 2009, the City shall contribute toward. any PERS ::health insurance plan selected by .full time- - employees,' up to the PERS established Kaiser-Los Angeles County family rate... The employee must pay any remaining premium for dependent coverage through payroll. deduction. ~ . Effective March 2005, the. City. will .reimburse employees up to ,a maximum. of $120.00 for health plan. co-payments. incurred in: the previous calendar year with. proper documentation. In the event an employee incurs co payment. costs that exceed the agreed. reimbursable. amount of one. hundred twenty dollars ($120.00) in a given year,. the employee may carryover the non-reimbursable. amounts for subsequent payment up to 3 years with proper documentation_ Dental For full. time employees hired- before. January 1, 2009, the City. will continue to contribute .up to 100% of the established family rate for dental insurance selected by.that employee. For full time employees hired after January 1, 2009, the City shall.-contribute up to 80% of the established family rate for dental insurance selected by that employee. In March of each year of the MOU, the City will reimburse the employee for dental plan deductibles. incurred in the ' previous calendar year. Effective November I, 1999 the City shall enhance the can-ent dental benefits to include a retirement benefit for employees who retire from active City service with at least five years tenure with -the- City. Verification of PERS retirement application will be required: Life Effective July 1, 2002, the City shall pay a life insurance premium for all full time management employees in the amount of $50,000 with the full cost of the premium paid by the City, inclusive of a retirement benefit as outlined for dental insurance. 14 Vision For full .time employees; hired. before January 1, .2009, the City will continue to contribute up to 100% of .the established family rate for vision insurance selected by that employee. For full time employees hired after January 1, 2009, the City . . shall .contribute up_to 80% of the. established family rate for vision .insurance selected by that employee. The Cityshall continue to include a retirement benefit - for employees who retire from active. City service'with at least fve years tenure with the City: Verification of PERS retirement application will be required. Effective- March-2005, the. City wilt: reimburse employees up to a maximum of $30 per eligible dependent/employee for vision plan co-payments; incurred in the previous calendar year with proper documentation. In the event. an employee 'incurs co-payment costs that exceed the agreed reimbursable amount of thirty .dollars ($30.00) per eligible dependent/employee in a given year, the employee may carryover the non-reimbursable amounts for subsequent payment up to 3 years with proper documentation. The City shall provide. a flexible benefits plan in accordance with Internal Revenue Code Section 125. - The City shall implement an Employee Assistance Program (EAP) with the full insurance premium incurred by the City. Effective January 1, 1999,-the City shall implement the State Disability Insurance Program with the full` cost. of such plan to be paid by the-City. ._~ 15 ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager or his/her designee at ,the rate of one work day for each calendar month of service: accrued.. at 3.69 hours per pay period or prorated if not a full pay period. Sick leave shall note be considered as a privilege which an employee may use at his/her discretion; but:: shall be allowed only in case of necessity and actual. sickness or. disability.` In no event will sick leave with pay be granted in excess of that which is accrued. _ 'In order to receive compensation while absent on sick Leave, the employee shall _ notify his immediate supervisor prior to, or within two (2) hours after the time- set- for beginning duty, unless nofification is physically impractical. A physician's. certificate or personal statement will be submitted foc absences of 3 days or more. The City may require a physician's certificate and release. to refum to work - whenever there is reasonable cause to believe that there -has -been an abuse of " ; sick leave or when there is reasonable -doubt as to the" employee's ability.. to .perform- his duties satisfactorily and. safely. The City maintains the right to discipline any employee for excessive absenteeism. Effective January 1, 2000 the City shall implement AB 109, Labor Code Section 233 as required by law. An employee shall be allowed to use in any calendar _ year sick leave accrued and available in an amount not less than what would be -accrued in six (6) months of employment to attend fo the illness of a child, parent or.spouse of the employee. For purposes of this section,-six (6) months. sick , leave accrual will be based on 13 pay periods. All conditions and restrictions placed by the City upon the use by an employee of sick leave shall also apply to the use by an employee of sick -leave to attend to an illness_of his or her child, parent, spouse, or a registered domestic partner. This section does not extend the maximum period of leave to which an employee is entitled under Section 42945.2 of the Government Code or under the federal Family and Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave. There shall be a sick leave pay off program. This program uses a sick leave limit, of ninety-six (96) work days and the frozen amount, if applicable, which. consists of sick leave hours earned in excess of 96 work days prior to July 1, 1974, and retained and frozen as of that date. The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of pay off. The pay off program has three elements: retirement, resignation or termination and annual compensation. 16 For purpose of the pay off program retirements are limited solely to regular service (non-disability) retirements_ -Upon. regular service (non-disability) retirement employees shall receive- 50% .compensation.. fore.: unused sick leave hours up to the maximum of the ninety-six (96) workdays. 50% compensation shall also be received for the sick leave hours frozen as of June 30, 1974. For purpose. of the pay off program resignations and terminations shall exclude - terminations` for cause and retirements. < Upon resignation: or termination-as specified herein and -.only after ten. (10) "years of continuous City service; employees shall be compensated for one-quarter (1/4) of their unused sick leave hours up to the maximum of ninety, six (96) work days. 25% compensation. shall also be received for the sick leave hours frozen as of June 30; 1974. The annual compensation element of the sick leave pay off program is provided as follows: 50% of the sick leave- earned beyond 96 work-days or the frozen amount .shall be annually compensated. to the employee at-the end of each calendar year. The remaining 50% of -such excess sick. leave remains'on the books but shall be used for,actual sick leave. purposes only and shall not-entitle the employee to any additional compensation: Sick leave accrued beyond the 96 workday's maximum or frozen amount shall.:. be used prior to the earlier eamed sick leave. . 17 ARTICLE XV HOLIDAYS Section 1. The City and Group agree to incorporate into this MOU .the elimination of-specified holidays and have floating. holidays replace them. The - ,holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day, and Veteran's Day. a) The total number of floating holidays is five (5) .with alt floating holidays available at the beginning of .the calendar year. All floating holidays to be taken .off are subject to operational and scheduling factors and must be :approved by the employee's supervisor: b) Subject to (c) below, no floating. holidays will be available until .the successful completion of the original probationary period. At that time such . employees will be credited with a pro rata portion of the aforesaid five (5) floating: 'holidays based upon ~ the- time. remaining. in the initial- calendar year of employment, but in no case less than one day: c) No floating holiday may be carried over to another calendar. year. d) -The availability of five (5) floating holidays. on January 1 of each year (in the case of a permariept employee) .and of a pro rata portion thereof - upon successful completion of the .probationary period (in the. case . of new employees) is based upon the assumption that the employee will successfully complete employmenf with the Cify for the calendar year in question. If an employee fails to successfully complete .employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the ,portion of the .calendar year for which. the employee was. employed by the City. If, under such circumstances, the. emp oyee has used more- floating., holidays than .were actually available; the -City -shall make. an appropriate reduction in its payment of final compensation to such employee. e) _ Effective January 1, 1992, the accrual for five- (5) floating. holidays for fulltime employees shall be 50 hours per annum- based on a 4/10 worK~schedule. f) In the event. the -City returns to an 8-hour/5 day workweek the accrual rate will reflect such change. 18 Section 2. Employees covered under this Memorandum shall be allowed the following paid holidays: New Years Day, January 1; Martin Luther King Jr., third Monday in January; Cesar Chavez Day, March 31; Cinco de Mayo, May 5; Memorial Day, last Monday in May; -Independence Day, Juiy 4; Labor' Day, first i~Aonday in September; Thanksgiving Day, fourth Thursday in November,_ day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. When a holiday named in this regulation falls on Sunday, it shall be observed' on , the following Monday. As the city is currently operated on a flexible work schedule, those holidays which fall on a Friday in .any given year will not be observed by 4/10 employees. Those employees working a 5-day/8 hour (5/8) workweek will be paid for those holidays falling on a Friday: This provision' is -made with the understanding that the accrual rates for-floating and personal leave time (Article XVII) will be adjusted annually for 5/8 scheduled employees as warranted to compensate both the 4/10: and 5/8 work schedules on an equal basis: In the event the City returns to a 5/8 work schedule for- all fulltime - _employees, those holidays falling on `a Saturday will be observed on Friday. The City Manager may determine--and approve as warranted the carryover of up to two (2) floating holidays into the following year for .fulltime employees_ Said approved: holidays shall tie taken no later than June 30 of the carryover year. All requests must be submitted to the City manager no later than November 1 to be considered. Section 3. Personal Leave Day may be taken on any day of the employee's: choosing subject to opera#ional and scheduling factors and must be approved by the employee's supervisor. The Personal ,Leave Day must be taken within the calendar year or it is-lost. Employees who terminate without using their Personal Leave Day for that calendar year shall receive payment for this day_ Effective 1-1-03 the Personal .Leave time available will be 20 hours .for employees working the 4/10 schedule and 16 hours for employees working: the 5/8 schedule. 19 ARTICLE XVI ACTING SUPERVISORY COMPENSATION At,such time as a supervisory position becomes temporarily vacant for.reasons of sick leave, leave of absence or injury on duty status, a civil service employee may be assigned the supervisory. duties and designated =as "acting°. Further, at ;. . such time as a supervisory position becomes vacant, i.e., without an incumbent, a civil service employee who has less than:the minimum training. or experience requirements for temporary appointment ,may be ;assigned the duties and ' designated as "acting" .upon determination. by the Department Head `(or City, . Manager, if appropriate). that said; employee is best qualified to perform all or a substantial portion of the duties of the supervisory position.; The selection of the. employee for "acting" status shall be within the. sole discretion. of the Department Head. Employees acting in a supervisory position shall not be entitled. to any additional:-compensation for doing:.. so unless they work. eight ($) or more days in that assignment at. which -time they shall be entitled to .acting-compensation retroactive to the first day of that assignment:: Such compensation shall continue until such- time as the incumbent. returns or, as in the case of the vacant position., the position is filed or the designated employee .meets the temporary -appointment requirements. /Acting compensation- is at the step rate. in the _ supervisory position range; which exceeds ;but : is closest to the;; employee's . current- rate of pay in the permanent position or $250 per month, whichever is less. 20 ..ARTICLE XVII . _: RETIREMENT POLICY . _ ~. The: City will`-provide :employees.; in the Group a pension through-the Public Employees Retirement sysfem ("PERS") using the'"3% @ 60" formula= The City .will -pay, the .employee's contribution of 8% to PERS. Retirement - compensation` shall be compu#ed on the employee's one (1 )' year's highest earnings:' Each employee; eligible for service retirement; may have his/her City paid`PERS:contribution reported`as compensation for all`or anypart of the twelve month period` prior to his/her service retirement` date upon written-request to the Director of Finance: Accordingly, PERS contribution will be .deducted from employee's higher: based' salary. This provision will remain in -effect "unless otherwise prohibited by PERS:Iaw. -The City amended' its contract` with -PERS to provide #or parity on ` medical ' premiums for retirees #rom the bargaining unit-and current employees (1'9:93): . The City amended. its contract ,with PERS to provide credit for unused sick leave (19.92}. The City. amended its contract: with PERS to increase the 1959 .Survivor-Benefit from Level'3 o Level 4. 21 ARTICLE XVIII LEAVE BENEFIT ACCRUAL RATES The following shall represent leave. benefit accrual rates for.full-time classified employees: VACATION 80 hours/year (80/26) = 3.08 hours/pay period VACATION 120 hours/year (120/26) = 4.62 hours/pay period 'VACATION 160 hours/year {160/26) = 6.15 hours/pay period SICK LEAVE 96 hourslyear ._(96/26) = 3.69-hours/pay period FLOATING HOLfDAYS 50 hours/year.. (50/26)= 1.923-hours/pay period (5/8 work schedule; see' below). PERSONAL LEAVE 10 hours/year Credited January _1 annually (4/10), Effective.1-1-03: 4/10 Floating Holiday. 50 hours Personal Leave 20 hours 5/8 Floating Holiday 40-hours Personal Leave 16 hours 22 23 ARTICLE XX ANNUaL VACATION LEAVE The purpose of annual .vacation leave is to enable each eligible employee .annually to return to w_ ork mentally refreshed.. All full tune .employees in the classified service shall be entitled. to annual vacation leave with pay.. Employees not eligible for vacation leave with: pay are: 1) Employees still serving their original probationary. period. in-the- services of the City; however, vacation credits for the time shall be granted to each- such :employee who later received a permanent appointment.: ' 2) Employees who work on an intermittent or seasonal basis and all hourly employees.- All. eligible employees in the first through seventh year of continuous service shall earn vacation credit at the rate of 80 hours. per year.. Beginning with the :eighth year and through the fqurteenth year of continuous service employees -shall earn vacation credit at the rate of 120 hours-per year. Beginning with the fifteenth year of continuous service and thereafter employees shall earn vacation credit at the rate of 160- hours per year. Each eligible .employee shall be required to have erved the. equivalent:. of one year of continuous service in -the -City in order to be eligible for.his full;: annual vacation leave. After six months of continuous service,.: he may. be permitted to take vacation leave -not to exceed 40 hours. In no event, however,:. wil( paid vacation be granted in excess of earned vacation credits. . Vacation leave must be :approved in advance by the Department. Head or City Manager. The times-during a calendar year at which an employee. may take his vacation shall be determined by the Department Head with due regard to .the wishes of the employees and particular regard for the needs of the service. Effective January 1, 2009, an employee may accumulate .vacation to a maximum: of 640 hours. Vacation leave is accrued as earned and the amount of vacation leave accumulated shall not exceed the maximum. Accrual shall stop whenever the employee is at the maximum. Upon reaching the maximum: allowed accumulation, future vacation hours shall not be earned unless or until vacation usage or cash out causes the employee's accrual to fall below the maximum limit set forth in this MOU. Any employee that is at or over the cap as of January 1, 2009, -shall not be capped at 640 hours until such time as that employee's total accrued hours are 24 actually reduced below the 640 cap. In the meantime, both the City and Management Unit mutually agree to forrriulate and implement individual plans for these affected employees to.accelerate the use or cash out of vacation accruals to bring down their accruals below the 640 cap within: a reasonable- period of time. At the city's election, the city may. allow an affected employee over the 640 hour cap additional buybacks of vacation time, upon the affected employee's request and with the consent of the City Manager, until that employee's total accrued hours fall below the 640 hour cap. In the event one or more municipal holidays- fall within, an annual vacation leave, such- holidays shall not be charged as vacation leave, and the vacation, leave shall be extended accordingly. 'Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave upon termination of employment. Effective July 1, 2007 the Group may be paid for up to 160 hours per annum for compensable time_ Sick-time is excluded from this provision. Payment shall be made in.the following manner: a. Payment will be made annually at the employee's current hourly -rate of PaY- b. Payment will not exceed one hundred sixty (160) hours per calendar year. c. Payment request shall be submitted toy the,_City Manager ors designee no later the 1 Sc T'hursday in November in order f be considered #or payment. A form is available in the Human Resources Division. d. Such annual payment shall be included in the checkfor the first pay period ending in December provided the funds are available. 25 26 ARTICLE XXII `_ _ FAMILY CARE ANQ MEDICAL LEAVE POLICY I. STATEMENT OF POLICY In addition to other leaves available under the MOU and/or other City provided leaves.of absences, employees may also be eligible for leave under federal and state- law. -The City will provide family.: and medical- care. leave. for eligible employees as ~'fequired by state and federal law, including leaves under the Federal Family Leave Act (NFMLA"), the State of California Family Rights Act ("CFRA"), and Paid Family Care Leave ("PFCL"). ` An individual who is entitled to leave under the FMLA and the CFRA must- take Family Temporary Disability Insurance-leave concurrent with leave taken under the FMLA-and the.CFRA. - Il. DEFINITIONS to implementing .this policy, the following definitions wilt apply: A. "12-Month Period"`means: a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.. B. "Parent" means the biological, foster, or adoptive parent of-an employee or an individual who stands or stood in loco parentis (in place of a parent) to an - . =r=ployee when the employee was a child. This term does not include parents- in-law. C. "Child" means a child under the age of 18 years of age, br 18 years of .age _ or older who is incapable of self care- because of a mental or physical disability.. An employee's child is one for whom the employee -has actual day-to-day responsibility for care and includes, a biological;. adopted, foster or step-child, a legal ward, a son or daughter of a domestic partner, or a son or daughter who stands. in loco parentis to that child. D. "Spouse" means a husband or wife as defined or recognized -under California State law for purposes of marriage. E. "Domestic Partner" means a partner as defined in Section 297 of the California Family Code. 27 F. "Family Member" means a child, parent, spouse, or domestic partner as defined in this policy. I G. "Serious Health Condition" means an illness, injury impairment; or physical or mental condition that involves: i 1. Inpatient Care (i.e., an overnight stay) in a hospital,. hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health. care provider: A serious health condition involving continuing treatment by a health care provider as defined under federal and/or state law. H. "Health Care Provider" is defined pursuant to the FMLA and CFRA: 111. REASONS FOR LEAVE Leave is only permitted for the following reasons: 1. The birth of a. child or to -care for anewborn- of an employee or the employee's domestic partner; 2. The placement of a child with an employee in connection with the adoption or foster care of a child by the employee or domestic partner; 3. Leave to care for a child of the. employee, spouse or domestic partner who has a serious health. condition; or 4. Leave because of a serious health condition that makes the employee ,~ unable to perform the functions of his/her position; 5. Leave to care for a parent; spouse, or domestic partner who has a serious health condition: IV. EMPLOYEES ELIGIBLE .FOR. LEAVE, (Not applicable to PFCL) An employee is eligible for leave if the employee: 1. Has been .employed for at least 12 months; and 2. Has been .employed for at least 1,250 hours during the 12-month period immediately preceding-the commencement of the leave_ 28 V. AMOUNT OF LEAVE Eligible employees are entitled to a total of 12 workweeks of leave during any 12- month period. A female employee has a reasonable leave of absence of up to four months whenever she becomes disabled as a result of pregnancy, childbirth, or°related medical conditions: . Four months is the maximum allowed for pregnancy-related disability leave. A female employee who is physically and mentally capable of returning to work before the expiration of four months is not entitled to a full four month leave of absence. Notwithstanding any leaves available under this policy, once an employee exhausts all federal and state leaves, and. any accrued paid leaves, the employee may apply for an unpaid administrative leave of absence pursuant to Article ~CXVI for successive periods of up to thirty (30) days each up to a maximum of one hundred and .eighty (180) consecutive days. The City has the discretion to either grant or deny any:. request for an unpaid administrative leave. - Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step. increases, seniority or other purposes. ~~ A. Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of ` the employee or domestic partner, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimurri-duration of such leave is two weeks. However, an employee is entitled to -leave fo e~ ~of~-_=--- these purposes (e.g., bonding with a newborn) for at least one day, but less than two ~:~~eks duration on any two :occasions: , If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a .serious health condition, there is no minimum amount of leave that must.be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed by the- City In any case in which:domestic partners or spouses are both employed by the City. and both are entitled to leave, the aggregate number of workweeks of leave to which both- may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. 29 V1. .EMPLOYEE. BENEFITS WHILE O"N LEAVE Leave under.this policy is unpaid. While on leave, employees will continue to be covered by the City's. group health insurance.to the same extent that coverage is provided while the employee is on the job. Employees -may make the appropriate .contributions for. continued coverage. by payroll deductions or direct payments -made to these plans. Depending on the . particular plan the .City will inform erriployees whether the premiums. should be -paid to :the carrier or to the City. An employee's coverage on a particular plan may. be dropped if he/she is more than. 30 days late in making a premium payment. However, employees will receive a notice at least 15 days before coverage is-to cease, advising that coverage will 6e dropped: if the employee's. .premium payment is not paid by a certain date. Employee. contribution rates are subject to any change in rates that occurs while the employee is on leave. . If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the. right to .recover its share of health plan premiums for the entire leave period, unless -the employee does not return because of the continuation, recurrence, or onset of. a serious health condition of the employee or -his/her family member which .would entitle the employee to leave, or .because_of,cir_camstances beyond. the employee's: control. The City shall have .the right to recover premiums through deduction from any sums due the City {e.g. unpaid wages, vacation pay, etc.). VII. SUBSTITUTION OF PAID ACCRUED LEAVES While on leave under this policy,-as set forth herein,... an .employee may elect to _____concu~ntly--use-paid accrued leaves: Similarly,. the City may require, an employee to concurrently use paid accrued leaves after requesting FMLA, CFRA leave and Paid Family.Leave, and may. also require an employee to use Family and Medical Care. Leave. concurrently with anon-EMLA/CFRA leave which. is FMLA/CFRA-qualifying: A. Employer's Right to Require:. An Employee to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued .paid vacation andlor administrative leave, that paid leave must be substituted for alt or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled and may use sick leave concurrently with leave under this policy if: 1. The leave is for the employee's own serious health condition; or ,~~, _Y 30 2. The leave is needed to care for a parent, domestic partner, spouse or child with a serious health. condition, and would be permitted as sick leave under the City's sick leave policy. As for compensatory time, an employee may use compensatory concurrently with leave under this policy: time As a condition of an employee's initial receipt of family temporary disability insurance benefits during any 12 month period in which an employee is eligible for these benefits, the City may require an employee to take up to two weeks. of earned but unused vacation leave prior to the employee's initial' receipt of these .benefits. If the City requires the employee to take vacation leave, that portion of 'the vacation leave that does not exceed one week shall be applied to any applicable waiting period for receipt of family.: temporary disability insurance benefits. VIII. MEDICAL CERTIFICATION Employees who request leave-for their own serious health condifior- or to care for - a child, parent, domestic partner or a spouse who has a serious health condition must provide written certification from the'health care provider of the individual -requiring care if requested by the, City.. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. A. Time to Provide a Certification Whe ~ un employee's leave is foreseeable -and at least 30 days notice-.has been. provided, if a medical. certification is requested, the employee must provide- it before the leave begins. When this. is not possible, the employee must provide the .requested certification to the City within the time frame requested by the City (which must allow.at least 15 calendar days after the~employer's request) unless _ it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may. delay the taking of FMLA/CFRA Leave until the required certification is provided. 31 C. Recertification If the City has reason to doubt the validity of a certification, -the City may require a medical opinion of a second health-care provider chosen and paid for by the City.; If the second opinion is different from the first, fhe~City may require the opinion of a third provider jointly approved by the City and the employee; but paid for by the . City. The opinion of the third provider will be binding_ An employee may request a copy of the health-care provider's opinions when these isa recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave .intermittently (a few days or hours at a time), or on ~a reduced leave schedule to care for an immediate family member with a serious health condition, or for pregnancy=disability leave, the employee must provide medical certification thaf such- .leave. is medically necessary. "Medically necessary' means there must be a medical need for the leave- and that the leave can best be accomplished through an intermittent or reduced leave. schedule. - IX. EMPLOYEE NOTICE OF LEAVE Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees -are required to give as much- . notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. `In addition; if an employee knows that he/she will need leave in the future, but does:not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee: shall inform his/her supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about .the requested leave in advance of the :request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. All notices ~ required under this..:. Policy must be submitted to the Employee's Department Head. X. REINSTATEMENT UPON RETURN FROM LEAVE A. Right to Reinstatement Upon expiration. of leave, an employee is entitled to_ be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/Paid Family Leave. period. 32 if a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will.. be reinstated on the date agreed upon. If the reinstatement-date differs from the 'original agreement of the employee and City the employee will be reinstated within two' business days, where feasible; after the employee notifies the employer of his/her readiness to return. B.' Employee's Obligation to Periodically Report on His/Ner Condition ~' Employees may be required to periodically report on their status--and intent- to return to work: This will avoid any delays to reinstatement when the employee is ready. to return. C.. Fitness for Duty Certification As a condition, of reinstatement of an' employee whose leave was .due to the .employee's own serious health condition, which made .the employee unable to perform -his/her job; the employee must obtain and- -present_a_fitness-€or-duty. certification from- the health care provider that-the' employee. is able to :resume :work: Failure to provide such certification will result in denial of reinstatement. _--~ -~ 33 ,ARTICLE XXIII , HOURS OF WORK All classified City employees shall work five. (5) 'eight (8) hours shifts per week, Monday through Friday, except as designated by other Resolutions and Ordinances enacted by the City Council and by:;directives of the City. Manager: acting within the framework of said. Resolutions and Ordinances. Resolution 76-86 provided that no hourly person, temporary:.help or seasonal worker shall work more than 35 hours. in any.week. Effective immediately .upon. adoption of the Resolution ..approving this MOU, aN employees. covered by this agreement shall be eligible to_ work a compressed work week (4/10 or 9/80) or flexible work schedule as mutually agreed between the employee and Department Manager -and approved by the City Manager or his designee. -> ,_ 1--- ~ - --, -;---- ~- 34 ,.; ARTICLE XXfV ATTENDANCE Employees shall` be in. attendance at their work in accordance with the rules regarding hours ofiwork; holidays and leaves. if an employee is unable to report to work, he must .notify his supervisor in accordance with _deparfinental policy. Failure to do so may result in disciplinary action:°Any`employee who is unable fo -' ` report to work must be approved-for paid leave- status,:. unless:. his accumulated .paid leave time has been- exhausted, ' or on approved. leave of .absence in accordance with Article XXXVI. Failure' on the'part of an employee, absent . without leave to return to duty. within 24 hours after notice to return;; shall be deemed. a resignation unless an acceptable reason is given: Such .notice`. to return shalF be sent by registered mail to the addressee only; return receipt requested, or 'by courier or telegram. It is the. responsibility of the employee to notify the supervisor and the -Human Resources :;Division of any change of address or telephone number. 35 ARTICLE XXV - GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Group or an` employee or employees covered by this Agreement solely relating to ---~__ .~ =alleged violations of written terms of this MOU. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in day, shall initially be submitted at Step 3 and contain a succinct written. statement of the basis of appeal within five (5) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and. inform the employee of the appeal procedure and .applicability. of Section: 1094.6 of the Code of Civil Procedure. limiting the time within which ,legal actions. must- be commenced: There:- shall be an earnest effort on the part of both parties to settle grievances- promptly- through the steps listed below. The employee may request the assistance of a representative. of his own choosing in preparing and presenting a grievance:: Either party to the grievance may invite persons with relevant. information to be present. For purposes of this procedure "working days" refers to Monday through Thursday, 7:00 AM to 6: 00 .PM .and excludes weekends and holidays. A grievance by a Department Head shall be submitted in accordance with Step 3: Step 1: , An employee's grievance .must be orally discussed .with the first .line supervisor immediately in charge of the aggrieved employee within ten (10) .working days after the event giving rise to the grievance, or ten (10) working days after the datethat. he should have been reasonably expected to have had knowledge of the grievance. The: supervisor will give his answer_to the employee. by the -end of the tenth (1 Oth) working day .following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2: If the grievance is not settled in Step 1 and. the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and/or detailing the .specific provisions of-this Agreement alleged to have been violated, signed and dated by the employee and presented to the. Department Head or, in his absence, his designee within ten (10) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State 36 _ law as discriminatory. A meeting with the employee, designated representative (if any) and Department Head, or in his absence, his designee, may be arranged at a mutually-agreeable location and .time to review and discuss the grievance. If scheduled,. such meeting will take place within ten (10) working days. from the date the grievance is received by the Department Head,. or, in his absence his designee. The Department Head, or, in his absence his designee, will give a written reply by the end. of the fifth (5th) work day. following the date' of the meeting, and the giving of such reply will terminate Step 2. Step 3: If the grievance is not settled at step 2, the employee may move the grievance to-Step 3 by serving written notice upon the City Manager within ten (10) working days after receipt of the reply in step 2, or within ten (10) .working days after the reply was due, requesting, a meeting. Said meeting -shall be` •scheduled within (10) working days after receipt of such request. The City Manager, or in his absence his designee, shall provide the employee with a written disposition of the. grievance within -ten (10) ten working days after the ": meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. St- ep 4: The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by.submitting a written request to the Personnel Department within ten (10) working days from the date of the answer in Step 3. The Personnel Board may grant an informal hearing and- the Board's- .role in such matter is advisory only,- except that in disciplinary and discrimination cases,.the Board shall grant a hearing and the Board's decision shall be finat and binding.. If any employee has complied with the above steps. and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days o-f the request and take such action as it -deems ap~~srr::~~riate. It is agreed that_ neither party shall attempt to influence the . Personnel Board- prior to the hearing. Upon..conclusion of any investigation or hearing, the Personnel Board shall,. within ten. ' (10) working days, notify Personnel in writing of its finding and recommendations. Acopy of such finding shall- be transmitted to the affected employee. - All costs of representation resulting from the process shall be borne by the party incurring fhem_ No employee shall use City-time, staff. or materials in the pursuit of a grievance or in response to a proposed or effected disciplinary action, unless he or she has obtained prior specific authorization to do so. 37 38 39 ARTICLE XXVIt EMERGENCY LEAVE In the event of an emergency,: the City Manager may grant the use of a maximum of two days wick leave: annually-as emergency leave. Application.for emergency leave may be under::. the following conditions: 1), hospitalization or illness in . immediate family*; 2) death in family.-not covered 6y 6ereaVement leave; Wand 3) -other events which. preclude the employee's attendance at work and whichthe Department Head. determines constitutes an emergency. If the Department denies an. employee's request for emergency leave, the employee :may request.: in writing that-the City Manager review -the request. The City Managers. decision shaft be final. . * Not covered under Labor Code Section 233 /Article XIV, Sick Leave Policy 40 41 ARTICLE XXIX I ' SERVICE DISABILITY ~ ., Under the provisions of the Worker's Compensation Insurance and Safety Act of California, employees are- compensated for injuries sustained in. the course. of .employment, rendering. them unable to :perform their duties. The City of Lynwood provides ftall salary continuance.for sixty (60).calendar days to an employee who __ is disabled by injury: or illness arising out of and in the course of his duties. Time. i off work due to 'an on-the: job: injury is not deductible from accumulated sick leave for the~period prior to sixty (60) calendar days. Thereafter, compensation shall be only as provided in the Worker's Compensation and Safety Act. i Temporary and hourly employees: are excluded from the provisions of this. article I relating to salary continuance. i ~ . 42 ARTICLE ~:XX NO STRIKE A: Prohibited Conduct ,. Section` 1: '` 'The Group, its officers, agents, representative and/or members _:. _ agree that during the term of this MOU they will not cause or condone any sfrike, walkout,- slowdown,-sick out, or any other job action by withholding or refusing to perform services. "Section 2. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject #o termination by the City:. Section 3. In addition- to any other lawful remedies or disciplinary action. available to the .City if the Group fails, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of -the rights, privileges, accorded to the Group under the Employee Relations Resolution in this MOU including, but'-not limited to,-right of access, check-off, the use of the. City bulletin boards and facilities. B. Group Responsibility Section 1. In the. event that. the Group, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1, above, the. Group shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful and they must immediately cease engaging in conduct prohibited in A and return to work. - Section 2. If the Group performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages .for prohibited ,conduct performed by employees who are covered by this MOU in violation of Section 1-above. ' 43 ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE. ,- For purposes of administering the term and provisions of the various ordinances, resolution; rules and regulations which may be adopted by; he Citypursuant to this MOU," all_ resolutions of the, City..Council, and all existing, matters ,.resolved regarding; wages, hours, _ fringe; benefits and:"`conditions'of employment `prior"to Myers=Milias-Brown Act in -1968,°_-will .remain unchanged and `unalfered:::except where expressly changed or altered in.#his MOU. It is agreed that- Management employees retain all benefits previously accrued as miscellaneous employees. ' 44 45 ARTICLE XXXIII AUTHORIZED`AGENTS - For the purpose of administering the provisions. of this MOU: A. The City's principal authorized agent shall be the City Manager or his duly authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262; . telephone: 310-603-0220), except where a particular Management representative is specifically designed in connection with the performance of a specific function or obligation-set forth herein. ,• B. ~ The Lynwood Employees' Management Group's principal authorized agent shall be the Group's President or his duly authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262; telephone 310-603-0220) 46 47 ARTICLE XXXV LAYOFF The City .may. separate any employee or. class of positions without prejudice, because of the financial. or economic condition of the City, reduction" of work or the necessity:for the position or .employment no longer exists. The City shall give such,,employee-.riot less than.thirty.(30) days advance notice of separation and- - the reason therefore. However, _ no .permanent .full-time employee. shall be separated. while: emergency, seasonal, .probationary, part-time or temporary employees are employed into the, same positions according to the needs of the service as determined. by the City. The conditions of layoff shall be as follows: 1. PROMOTIONAL EXAMINATIONS. For. purposes of layoff, .all promotional opportunities will be conducted prior to layoffs. proceeding. 2. ORDER OF SEPARATION. The principal. criterion used in determining the order of separation and bumping rights shall'be seniority.based on the total years of continuous full-time: service and any prior part-time service as calculated on a pro-rata basis with the. City. provided the employee- presently possesses the skill, ability and qualifications to perform the job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected :job class with the least total City service shall be laid off first. Whenever seniority is equal; the following criteria- shall be applied in the indicated order: a. Ranking on eligibility list; b. Performance- Evaluations; c. Drawing. of lots 3. BUMPING RiGHTS.'Any full-time. employee who has been given notice of lay off may displace another employee in the same job-class with less: seniority in the same job ~ class, or bump to another class in which they formerly held a = permanerit appointment and there is an employee with less seniority, tt is understood that an employee seeking to bump- into a lower class shall first .occupy any vacant position before displacing an existing employee. After the City has notified the affected employee of the layoff and the position available to the employee, if any, to bump, he/she must notify the Personnel Officer of his/her intent to exercise the bumping rights within ten (10) calendar days of the position in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority shall be displaced by the person who is laid off. 48 The _employee displaced shall.., be considered as laid off for the same reason as the person who displaced him/her and -shall in the same manner be eligible to ,bump to a position. within City in which- he/she formally held a permanent position: 4. APPOINTMENT OF LAID-OFF EMPLOYEES TO LOWER CLASS. Any , employee in a represented job class who is scheduled to be laid. off due to lack of work; ° lack' or funds. , ofi elimination of position; may, not later than ten (10) " ` -calendar days after -notice of layoff,' request to displace ("bump") an employee in a lower job class within the job series provided the laid off employee has greater overall' Gity service seniority than the employee in the lower job class and- is qualified by education and/or experience for such a position. If there is more -than one employee ,who is qualified for such appointment(s) the "bump" shall be 'based on seniority with the employee with the highest seniority offered the position f rst, then the next highest, etc. The City Manager shall approve the .appointment of an employee who is to be laid ~ off to a lower class which ttie employee is qualified without. requiring an examination within the job series. An employee who:has not previously served in the lower class may be .required to successfully complete the probationary period for the class. - If the employee(s) have the same seniority, then the procedure fior breaking ties set forth in this article- shall. apply. , The employee.dsplaced as a result of being,"bumped" shall be considered. - as laid off for the same reasons as the person originally displaced and the same displacement-rights shall be afforded: 5. SALARY PLACEMENT. An employee(s) who accept an appointment to a lower job class as a 4~ult of a layoff and/or a displacement (bump") shall be placed at the step of the salary range which most closely corresponds to, but in no case exceeds, the salary step of the previously held position. 49 ARTICLE X~NI LEAVE OF ABSENCE A permanent classified employee may be granted. an unpaid leave of absence of up to thirty (30) days for meiical; personal and other reasons.: Extensions-on other: leave requests may, also be granted: for,; successive periods :of up to:: thirty (30) days: each up to a maximum of;.one hundred=eighty consecutive days unless otherwise approved by the City Council. Benefts-shall-not accrue during the temp of an unpaid leave of absence nor. does such time count as service time. for step increase, -seniority or .other purposes. Available compensatory time off and - vacation leave sha11 be used. prior.. to the commencement of cleave: of; absence .The City Manager may approve: up to 30 days::unpaid.-leave. for person. al .leave requests. All- other requests for leaves of absence. must- be submitted in -writing and be approved by the City Council. Military leave shalt be granted as 'mandated by Federal and State law .(See Article XXI). Pregnancy, leave shall be governed by the Family Care and Medical. Leave Policy (See. Article XXII): Upon expiration of an approved unpaid:leave of absence the employee- shalt be reinstated in the position held at the time leave was granted. Failure on he part of an employee on leave:to report promptly at the :expiration of such leave shall . be cause for discharge. . ~;- 50 ARTICLE XXXVII FULL UNDERSTANDING: MODIFICATIONS WAIVER A. - This MOU sets: forth the full and entire understanding of the parties regacdmg the matters set forth herein, and ° any :other: -prior or' °existing understanding or agreements by the ° parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is"agreed. and understood that each party hereto voluntarily and unqualifiedly- waives its right and agrees that the other- shall not be required to 'negotiate with respect to any other'`matters - within the. scope of negotiations during- the term `of this MOU. C. No agreement, .alteration, understanding, variation, waiver or modification of any of the terms or provisions `contained herein shall in any manner be binding upon. the parties hereto unless made and executed in writing by all;-parties hereto and, if required;. approved `and implemented by tfie City .Council. D. The waiver of any breach, term or condition of this MOU by either party . shall not constitute a precedent in the future enforcement of all its terms and provisions::.. - 51 j 52 i I I ARTICLE ~XX1X 53 In witness, whereof, the parties hereto have caused their duly authorized representatives to .execute this Memorandum of Understanding on Latwr Relations Officer of ...Lynwood Management the City of LynwoodlA Bargaining Group. Municipal Corporation BY ~ BY - Dated this ~ d of D d this ~ day of ~°~f~~~~°i,'~2008 , 2008 Director of Finance-Administratve.& Lynwood .Management Community Svcs. of the City of Lynwood Bargaining Groue - BY ~~ ~ BY, Dated this i.~day of _ Dated this~~~ayof ~rzC2,i~ bed , .2008 ~~GL'~/3t3n-~, 2008 City Manager of the.- - ..City of Lynwood BY Dated this ~6~ ay of ~ccc".. ~ 2008 - Lynwood Management Bargaining Group f BY ~~~ Dated this fc.~day of 2008 54 ATTACHMENT B AGREEMENT OF SEPARATION, SEVERANCE AND GENERAL RELEASE 1. PARTIES This Agreement of Separation, Severance and General Release (hereinafter referred to as the "AGREEMENT") is entered into by and between the City of Lynwood (hereinafter referred to as "THE CITY"), a general law city and municipal corporation, and (hereinafter referred to as "EMPLOYEE"). 2. RECITALS 2.1. EMPLOYEE was hired by THE CITY as an at will effective serving at the pleasure of the City Council of THE CITY pursuant to a written contraz~t, a copy of which is attached hereto as Exhibit "A" ("THE CONTRACT"). EMPLOYEE is currently years old. 2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all- claims that EMPLOYEE may have against _ THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, - ~'~ and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude .u1y and all employment relationships between THE CITY and EMPLOYEE by means o1~ EMPLOYEE'S voluntary separation as of ,with this AGREEMENT setting forth the full and complete terms and conditions concluding EMPLOYEE'S employment relationship dvit:h the CITY and any obligations related thereto, including any provided under THE CONTRACT. 2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE'S post employment rights, including but not limited to, EMPLOYEE'S rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Inafrne Security Act of 1974 ("ERISA"), and the Health Insurance Portability and Accountability. Act of 1996 ("HIPAA"). 3. CONSIDERATION 3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or ali other wage compensation benefits owed to EMPLOYEE upon separation of employment as required by law or THE CONTRACT or any other agreement with THE CITY. 3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of and _ cents ($ .00) in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE'S home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT: 3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPL;OYEE's spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns; officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as "THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was : in effect at anytime from the beginning of time up to and .including _, (hereinafter referred to collectively as "CLAIMS"), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly ,acknowledges that the .CLAIMS forever barred by this AGREEMENT -specifically include, but are not limited to, claims -based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach. of any express or implied contract; for. continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code § § 12, 900 et .seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. 4. Specific Acknowledgment of Waiver of Claims under ADEA and OWBPA The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is 'knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised, and understands, pursuant to the provisions of the ADEA and OWBPA, that:.- (a) This waiver/release is written in a manner understood ~by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days; (d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and7or OWBPA after the EFFECTIVE DATE of this AGREEMENT; (e) EMPLOYEE has been advised by this writing that he should consult with an attorney rior to executing this AGREEMENT; (f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his' counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT; (g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT; (h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreementof Severance and General Release;" and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE'S execution ("EFFECTIVE DATE"). 5. UNKNOWN CLAIMS In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows: "General Release--Claims Extin uig shed" "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." EMPLOYEE hereby waives the protection of California Civil Code section 1542. 6. WAIVER OF ADDITIONAL CLAIMS EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above. 7. REPRESENTATIONS AND WARRANTIES Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows: 7.1. Advice of .Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have .been represented by counsel of their own. choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect. 7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any parry) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT. 7.3. Independent Investi ag tion: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary. 7.4. Mistake Waived: In entering into .this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other. circumstance whatsoever. 7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto; which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence .of any additional or different claims or facts relative thereto. 7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any .and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and. representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a. result of. his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and. hold the CITY PAR'T1ES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 oI~ this AGREEMENT. 7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute aia such further and additional documents as shall be reasonable, convenient, necessary or desirable; to carry out the provisions of this AGREEMENT. EMPLOYEE. shall provide THE CITY with. consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said servic ~~ shall be provided as needed by THE CITY at a rate of $100.00 per hour. 7.8. Return of Confidential Information and Property: Prior to -the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confider~tiai documents provided to or obtained by EMPLOYEE during the course of his employment with 'I"l~:L; CITY. 7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not. filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court t~, withdraw from the matter forthwith. 7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material terns of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled. 7.12 Authors :Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed. 8. MISCELLANEOUS 8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY, denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace. 8.2. Governin Law: This AGREEMENT has been executed and delivered within the State of Calsfornia, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 8.3. Full Inte arg_tion: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral - and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed. by the parties hereto. 8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest. 8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of thss AGREEMENT, the parties agree that same shall not be construed against any party. 8.6. Severability: In the event that any term, covenant, condition; provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provssion or agreement -shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect. 8.7. Titles: The titles included in this AGREEMENT are for reference only acid are not part of its terms, nor do they in any way modify the terms of this AGREEMENT. 8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT; which shall be binding upon and effective as to all parties. 8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit. of the same in the United States mail.. . As to EMPLOYEE: At EMPLOYEE'S home address on file with THE CITY. As to THE CITY: Fred Galante, Esq., Aleshire & Wynder, LLP 18881 Von Karman Avenue Suite 400 Irvine, CA 92612 With a copy to: City of Lynwood Attn: City Manager 11330 Bullis Road Lynwood, CA 90262 IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed-and. executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has sig.~ecl and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, ha>;k, approved as to form as of the dates written below. DATED: EMPLOYEE By: THE CITY DATED: ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP By: Fred Galante, City Attorney [EMPLOYEE's LAW FIRM] By: Mayor By: [Counsel] AGENDA STAFF REPORT DATE: August 4, 2009 TO: Honorable Mayor and Members of the Cit Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works/City Engineer SUBJECT: CDS Request to Change the Waste Disposal Pick Up Schedule Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING THE REQUEST FROM CONSOLIDATED DISPOSAL SERVICE TO CHANGE THE WASTE DISPOSAL SERVICE PICK UP SCHEDULE iN THE CITY FROM FIVE DAYS A WEEK TO TWO DAYS A WEEK." Background: On June 8, 2009 the City received a request from Consolidated Disposal Service (CDS) to change the solid waste disposal service schedule in the City from 5 days a week to °~ days a week. Section 4.02 (b) of the current agreement states that the contractor shall obtain written approval from the City prior to any change of collection days (Attachment A), and that such approval shall not be unreasonably withheld. Contractor, shall give written notice to affected customers not less than fourteen days before contractor changes any regularly scheduled collection day. As part of their request, CAD a committed (at their own expense) to send out written change notices immediately after receiving approval from-the City and to distribute door hanger notices prior to the week of August 10, 2009: After lengthy discussion, the item was tabled for two weeks until the City Council meeting of August 4, 2009. Discussion & Analysis: This item is being brought back for further discussion in order to fully understand 4he impact on the City's street sweeping schedule and operations by the proposed schedule change. CDS is proposing to provide waste disposal service to the City on Monday and Tuesday, starting on August 24, 2009. For example, one half of the City will be serviced on Monday (West of Bullis Road) and the other half on Tuesday (East of Bullis Road), see Attachment B. As such, the bulky item pickup days will be either on Monday or~ Tuesday as per the new pickup schedule. A benefit to doing this is to scale down the frequency of large heavy trash trucks on the residential streets. Instead of having th'~~~~.,~t"3/ large heavy trash trucks in residential areas five days a week, as it is now, the trucl ~ ~-t~ ~j ~~,~ will now be on residential areas two days a week. Additionally, by switching to a two day per week pick up schedule, this may somewhat help alleviate the residential parking problem we have in the City by limiting the number of days that the trash bins need to be in the streets adding to the clutter and interference with parking in many of our neighborhoods. Finally, as we move towards a more environmentally conscious society, less trucks on the streets means less air pollution for City residents. Fiscal Impact: There is no anticipated fiscal impact to the City from the action recommended in this report. Coordinated With: City Attorney's Office City Manager's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING THE REQUEST FROM CONSOLIDATED DISPOSAL SERVICE TO CHANGE THE WASTE DISPOSAL SERVICE PICK UP SCHEDULE IN THE CITY FROM FIVE DAYS A WEEK TO TWO DAYS A WEEK WHEREAS, on June 8, 2009 the City received a request from Consolidated Disposal Service (CDS) to change the solid waste disposal service schedule in the City from 5 days a week to 2 days a week; and WHEREAS, section 4.02 (b) of the current agreement states that the contractor shall obtain written approval from the City representative prior to any change of collections days; and WHEREAS, it is anticipated that the revised pick up schedule .will help alleviate some of the congestion, noise, and air pollution problems in the City. 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 grants the request of Consolidated Disposal Service to change. the waste disposal service pick up schedule in the City from five days a week to two days a week. Section 2. That Consolidated Disposal Service shall give written notice ~c~ affected customers as stipulated in the agreement. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of August, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez Roger L. Haley City Clerk City Manager APPROVED AS TO FORM: Fred Galante- City Attorney APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works/City Engineer 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing ;resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: .. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing, is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the-date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 5 a. Services p~vadeti. Contractor shall collect the Refuse, Recyclables and Green Waste from rv h Residential Custou~r in t~ City on the same regularly scheduled day, except for Holidays, at least once every seven (7) days, for the rates set forth in Exhibit A, as scheduled and noticed to the Residential Customer. Contractor shall provide fully-automated collection of Refuse, Recyclables, and Green Waste from Contractor-provided wheeled carts commencing on or before January 1, 2(1(}4. Until such time that Contractor is required to provide fully-automated collection services, Contractor shall provide manual collection services from customer-provided containers and shall be obligated to collect only those waste streams that were being collected by the City's residential waste hauler prior to November 1, 2003. b. C6anee of Collection I?ays. Except as provided in Section 4.01(g), Contractor shall obtain written approval from the City Representative prior to any~change of Collection days. Such approval shall not be unreasonably withheld. Contractor shall give written notice to affected Customers not less than fourteen (14) days before Contractor changes any regularly scheduled Collection day. c• Maps. Contractor shall provide City with route maps detailing all Residential Collection routes. All residential routes utilized by Contractor shall be approved by City to ensure customer satisfaction. All residential routes shall be reviewed each fiscal year in July at a mutually convenient tame for both parties to ensure customer satisfaction. 4.03 Commercial Customer Collection Service. a. Services provided, Contractor shall collect Refuse from each Commercial Customer in the City at least once every seven (7) days, Monday through Friday, on Saturday upon the request of the Commercial Customer and at such additional times as Contractor and Commercial Customer may agree. Rates for such Collection shall be as set forth in Exhibit A. 4.04 S~becial Collection Services. a. Bulky .Waste. Contractor shall Collect Bulky Waste at the curbside each Saturday, for those Residential Customer's calling to schedule a Bulky Waste pick=up. Residential Customers must request the pick-up no later than 5:00 pm on the Thursday preceding the Saturday Bulky Waste pick-up day. At Contractor's discretion, alternative collection days may be scheduled with any Residential Customer. Residential Customers will be limited to five (5) Bulky Waste items per call-in and such items must be of a size and weight that they can be safely lifted and managed by no-more than two (2) persons. Contractor shall provide this service free of charge to the residential customer and to the City. More than five(5) Bulky Waste items per call in shall be charged to the residential custon~r through the monthly billing ,provided by the City. b. Illez'al Dumping. 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