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HomeMy Public PortalAboutA2009-12-15CCThis Agenda contains a brief general description of each item to be considered. Copies of fhe Stafl 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. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BEHELD ON DECEMBER 15, 2009 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. MARIA TERESA SANTILLAN MAYOR AIDE CASTRO MAYOR PRO-TEM JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L. HALEY CITY CLERK MARIA QUINONEZ OPENING CEREMONIES fl~~i~.~ v ~® DEC 1 0 2009 CITY OF LYNWOOD CITY CLERKS OFFI cC~Ej~~ l.. - ~ V " ~ G~ ALFREDO FLORES COUNCILMEMBER RAMON RODRIGUEZ COUNCILMEMBER 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).) PUBLIC HEARING 8. ZONING CODE AMENDMENT 2009-02 Comments: In 2005, when the Lynwood Zoning Code was adopted, the section related to canopies was inadvertently removed. Due to the recent growing proliferation of temporary canopy structures being used illegally as carport on residential zones, the Development Services Department has determined a need to reinstate the code section regulating temporary canopy structures. The propose amendment will add Section 25-195. Recommendation: Staff recommends tha the City Council conduct the public hearing and adopt the attached ordinance for first reading entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING CHANGE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 35 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES". CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 9. MINUTES OF PREVIOUS MEETINGS: Regular Meeting -November 17, 2009 Regular Meeting -December 1, 2009 10. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated December 15, 2009 for FY 2009-2010. Recommendation: Staff recommends that the City Council approve the warrant register. 11. CITY'S FORMAL SUPPORT OF LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION ACT OF 2010 Comments: Staff requests that the City Council consider supporting the Local Taxpayer, Public Safety, and Transporation Act of 2010, which is intended protect revenue streams that have been dedicated by the voters to local government services, transportation projects and transit services. Recommendation: Staff recommends that the City Council approve and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO PROCLAIM FORMAL SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010, A PROPOSED CONSTITUTIONAL AMENDMENT SET TO GOON THE NOVEMBER 2010 STATEWIDE BALLOT". 12. CONTRACT AWARD TRAFFIC SIGNALS LED RETROFIT PROJECT, PROJECT NO. 4011.67.882 Comments: The subject project was advertised on September 22, 2009, September 24, 2009 and on October 1, 2009 in various publications as required by law. Fourteen contractors received project specifications and contract documents. The bid opening took place in the office of the City Clerk on Thursday, October 22, 2009 at 11:00 A.M. (Pacific Time). Five contractors submitted bids. Republic ITS, Inc. was the apparent lowest responsible bidder for its low bid of $228,734. Although the bid analysis for item number one for schedule "A" was listed as $16,219 which should have been $15,337 resulting to $882 difference. The next lowest .bidder, was Christopher Morales, Inc. with a low bid of $251,779. The bid analysis for item number eight for schedule "A" was listed $24,272 which should have been $22,058 resulting to $2,214 difference. The next lowest bidder was Steiney & Co., Inc., with a low bid of $279,750. The next lowest bidder is Terno Inc., with a low bid of $280,857. The last bidder is C. T. & F. Inc., with a low bid of $307,979.31. A reference check of previous performance reveals that Republic ITS, Inc. has the necessary experience and Contractor's license for this type of project. The project is adequately budgeted for this contract. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO REPUBLIC ITS, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $227,852 FOR THE TRAFFIC SIGNALS LIGHT EMITTING DIODES (LED) RETROFIT PROJECT, PROJECT NUMBER 4011.67.882 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". 13. CONSTRUCTION CONTRACT AWARD DESTRUCTION OF WATER WELLS NOS. 1, 3, 4, 6, 7, 15A AND 20, PROJECT NOS. 4011.67.878, 890 AND 943 Comments: The City has thirteen water wells of which five wells are actively producing about eighty five percent of the City's needed water supply. Of the thirteen water wells seven are inactive and are no longer usable. These inactive wells have generally been out of service for many years and cannot be reactivated. These unused wells pose potential hazards to the groundwater basin from which the five operating City wells extract potable water. In the 2009-10 Budget it was originally intended to destroy five water wells. In soliciting proposals from consultants to prepare the bidding documents the City reduced the number of wells to be destroyed to two with three wells to be rehabilitated. Subsequently, staff reviewed the existing condition and usefulness of the present out of service wells and decided to request bids from contractors to destroy all of the seven unused wells. Bids were solicited for destruction of seven wells, wells Numbers 1, 3, 4, 6, 7, 15A and 20. The project was advertised in various publications as required by law. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PALM SPRINGS PUMP, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $275,500 FOR THE DESTRUCTION OF SEVEN EXISTING WATER WELLS (NUMBERS 1, 3, 4, 6, 7 i5A AND 20) PROJECT NUMBERS 4011.67.878, 890 AND 943 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". 14. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE WATER WELL NO. 22 CONSTRUCTION PROJECT, PROJECT NO. 4011.67.894 Comments The City Water System which serves 90% of the City has five operating wells. The five wells can provide about 90% of the water supply needs of the City. The 2009-10 Capital Improvement Budget for the Water Fund provides funding for the drilling of well number 22. A Professional Consultant has studied potential sites in the Cify for an additional well, number 22. A site has been selected at the southwest corner of the City of Lynwood Park, opposite the intersection of Birch Street and Spruce Street. The site has been reviewed by the Parks and Recreation Commission, and the Community Services and Planning Departments and the use of the Park site approved. Well number 22 is needed by the City so as to meet the water supply needs of the City including reducing the use of expensive imported water purchased from the Metropolitan Water District of Southern California/Central Basin Municipal Water District (MWD/CBMWD). 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 BIDDING DOCUMENTS FOR THE DRILLING OF WATER WELL NUMBER 22 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SEEK BIDS THEREFOR." 15. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS-STREET IMPROVEMENT PROJECT STOCKWELL DRIVE, BENWELL DRIVE, CARSON DRIVE, LILITA STREET AND LE SAGE STREET IMPROVEMENT PROJECT Comments: The plans, contract documents, and working details for the Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street & Le Sage Street Improvement Project have been completed and are now ready for adoption by the City Council 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 STOCKWELL DRIVE, BENWELL DRIVE, CARSON DRIVE, LILITA STREET AND LE SAGE STREET IMPROVEMENT PROJECT; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS". 16. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS-STREET IMPROVEMENT PROJECT, PHASE I OF LONG BEACH BOULEVARD PROJECT NO. 4011.67.993 Comments: The plans, contract documents, and working details for the Long Beach Boulevard (Phase I) Improvement Project have been completed and are now ready for adoption by the City Council in accordance with California Public Contract Code Section 22039 and Lynwood City Code Section 6.6.7 that require 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 RESOULTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR PHASE ! OF THE LONG BEACH BOUELVARD IMPROVEMENT PROEJCT, PROJECT NO. 4011.67.993; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS". 17. EXECUTION OF WATER LEASE AGREEMENT Comments: On September 15, 2009, the City Council authorized staff to submit a proposal to lease, from the City of Bell Gardens, 300 acre-feet of water pumping rights. On October 7, 2009, staff submitted the City's bid proposal. The City of Lynwood's proposal was accepted by the City of Bell Gardens and subsequently the City's proposal and Water Lease Agreement were approved by City of Bell Garden's Gity Council on November 23, 2009. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE WATER LEASE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE CITY OF BELL GARDENS". 18. RESOLUTION AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS (RFP) FOR ADMINISTRATIVE FACT FINDING INVESTIGATION SERVICES Comments The Human Resources Department currently conducts administrative fact finding investigations utilizing current staff and external service providers. Such investigations are conducted when allegations of workplace misconduct are reported and due to our duty to investigate. When the investigation scope is manageable within budgeted HR Department staffing levels, the investigations are completed internally. However, when investigations demand a larger scope of work, complexity or the potential exposure for increased liability, external service providers are retained. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR ADMINISTRATIVE FACT FINDING INVESTIGATION SERVICES." 6 19. SETTING THE CITY OF LYNWOOD'S EMPLOYER HEALTH INSURANCE CONTRIBUTIONS UNDER THE PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT Comments The City entered into an agreement with the California Public Employees' Retirement System (CaIPERS) for health benefits effective October 1, 1988. This agreement applies to active and retired employees. Under the Public Employees' Medical and Hospital Care Act ("PEMHCA"), CaIPERS requires public agencies to update resolutions each time such an agency changes its contribution towards employee and annuitant health insurance. , Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT" 20. CLAIM FOR DAMAGES BY MERCURY INSURANCE FOR OCTAVIO ARMENTA Comments: On September 8, 2009, Mercury Insurance Company filed a claim for damages on behalf of their insured Octavio Armenta alleging property damage due to a tree branch that fell on their insured's vehicle which was parked on the street in front of 11085 Elm Street, within city boundaries. Recommendation: Staff recommends that the City Council reject the claim of Mercury Insurance for Octavio Armenta v. City of Lynwood and direct staff to send a standard letter of rejection. 21. CLAIM FOR DAMAGES BY DANA DAKIN Comments: On September 16, 2009, Ms. Dana Dakin filed a claim for damages as a result of property damage her vehicle sustained from an automobile accident with a resident of Bell Gardens. Ms. Dakin does not clearly articulate why she feels the City of Lynwood is liable for this incident. Recommendation: Staff recommends that the City Council reject the claim of Dana Dakin v. City of Lynwood and direct staff to send a standard letter of rejection. 22. CLAIM FOR DAMAGES BY LUIS SALCEDA Comments: On September 8, 2009, Mr. Salceda filed a claim for damages alleging property damage due to a tree branch that fell on his vehicle which was parked on the street in front of 3929 Le Sage Street. Mr. Salceda owns a 2003 Monte Carlo, and two estimates were submitted in the amount of $527 and $195. No explanation was provided by Mr. Salceda on the difference between the estimates, and no tree report or photographs were submitted to substantiate damages to his car, Recommendation: Staff recommends that the City Council reject the claim of Luis Salceda against the City of Lynwood and tender the claim of indemnification to California Western Arborists. Section 602 of the contract requires that this company indemnify the City against all expenses arising out of the work performed in accordance with this agreement. NEW/OLD BUSINESS 23. CONSIDERATION OF PROCLAIMING FEBRUARY 2010 AS SPECIAL NEEDS MONTH Comments: At the request of members of the public and the Council, staff has placed this item on the agenda for consideration. Recommendation: Staff recommends that the City Council provide direction with regard to the proposal to proclaim February 2010 as Special Needs Month. 24. MAYORAL APPOINTMENT FOR GREATER LA COUNTY VECTOR CONTROL DISTRICT Comments: Members of the City Council and staff serve on various municipal organizations that require representation of government officers. This participation allows the City to receive beneficial information and resources. Recommendation: Staff recommends that the Mayor and City Council appoinUre-appoint a delegate and an alternate, to the Greater Los Angeles County Vector Control District Board of Trustees for 2010 and annually thereafter as part of the City's administrative process. 25. 26. 27 REVIEW OF BOARD AND COMMISSION MEMBERS AND ANNUAL BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST Comments: Currently there are vacancies in the Design Review Board, Personnel Board, Planning Commission, Public Safety/Traffic & Parking Commission, Women's Commission, and Youth Commission. Recommendation Staff recommends tha the City Council review the list of Board and Commission members. After review, the Council may wish to provide staff with direction in filling the current vacancies, which are: Design Review Board, Personnel Board, Planning Commission, Public Safety/Traffic, Youth Commission & Parking Commission (1 vacancy in each), and Women's Commision (3 vacancies). The City Council may further make any other adjustments to these Boards and Commissions, as it deems appropriate, in accordance with the rules outlined in the Maddy Act. BLOCK WATCH CAPTAIN REQUEST FOR SPECIAL PERMIT: 11136 DUNCAN AVENUE CHRISTMAS POSADA Comments: Block Watch Captain Rosas is requesting to close a portion of Duncan Avenue (between Beechwood and Elmwood), to conduct a Christmas Posada on Wednesday, December 23, 2009 from 11:00 a.m. to 11:00 p.m. Recommendation: Staff recommends that the City Council review the request and provide direction. PARKING AND BUSINESS IMPROVEMENT DISTRICT (P.B.I.D.) ACCEPTANCE OF THE ANNUAL SPENDING PLAN Comments: The PBID Advisory Board in accordance with the Brown Act, met to discuss and make recommendations for the PBID 2009-2010 fiscal year's budget. Staff is recommending that the City Council accept the PBID Advisory Board's proposed spending plan, and set the date of a Public Hearing for January 5, 2010 to adopt the FY10 PBID assessment. Recommendation: Staff recommends that the City Council accept the PBID proposed spending plan for FY 10 and set the date of the Public Hearing for January 5, 2009 to obtain constituent input and comments regarding the intention of the City Council to continue the annual assessment upon business enterprises in the Lynwood Parking & Business Improvement District. 28. WATER RATE INCREASE DEFERRAL Comments: At the City Council meeting of November 17, 2009, City Council discussed and approved deferring the next scheduled water rate increase from July 1, 2010 to July 1, 2011. Recommendation: Staff recommends that the City Council RESOLUTION THE CITY COUNCIL OF DEFERRAL OF THE NEXT SCHEDULED FROM JULY 1, 2010 TO JULY 1, 2011". adopt the attached resolution entitled, "A THE CITY OF LYNWOOD APPROVING 5% WATER & SEWER RATE INCREASE 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 JANUARY 5, 2010 AT 5:00 P. M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. 10 DATE: TO: APPROVED BY: AGENDA STAFF REPORT December 15, 2009 Honorable Mayor and Members of the City Council Roger L. Haley, City Manag r~ PREPARED BY: Jonathan Colin, Director of Development Services ~Ci Rita Manibusan, Interim Development Services Manage' Cynthia Foreman, Code Enforcement OfficerOP SUBJECT: Zoning Code Amendment 2009-02 Recommendation: Staff recommends that the City Council conduct the public hearing and adopt the attached ordinance for first reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING CHANGE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 35 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES." Background: In 2005, when the Lynwood Zoning Code was adopted, the section related to canopies was inadvertently removed. Due to the recent growing proliferation of temporary canopy structures being used illegally as carports on residential zones, the Development Services Department has determined a need to reinstate the code section regulating temporary canopy structures. The proposed amendment will add Section 25-195. Discussion & Analysis: On November 10, 2009, the Planning Commission approved the proposed amendment to the zoning code. The proposed changes to Chapter 25 of the Lynwood Municipal Code are being presented in the public's interest to discourage property owners and tenants from erecting temporary canopy structures. Not only are they unsightly, they violate, setback requirements, accessory structure regulations and encourage inappropriate use of garages and excessive storage of items outside. AGENDA ITEM ~a Pursuant to Section 25-115-1(b), amendments to the zoning code shall be conveyed with a resolution of the Planning Commission. The Planning Commission -shall .act by -resolution _to recommEnd_annroval, _annroval with modifications, or denial of the proposed change.?he matter will be scheduled for Cc~iin~it Taiffic~tion aline nexi aV~ita#)ie ~~iancii~~~g. Environmental Assessment The Development Services Department has determined that the proposed amendment is exempt from CEQA guidelines Section 15061(b)(3). The general rule exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, that the activity is not subject to CEQA. Fiscal Impact: Revenue for the City will result from the issuance of citations; the exact amount is unknown at the time. Coordinated With: Finance Department City Attorney Fire Department Sheriff's Department Attachments: Notice of Exemption Planning Commission Staff Report and Resolution 2 ORDINANCE NO. AN 9RDINANCE OF THE .CITY COUNCIL OF THE .CITY OF .LYNWOOD RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 25 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES WHEREAS, the City has a rapidly growing and extreme proliferation of temporary canopy structures being used as carports in residential zones; and WHEREAS, temporary canopy structures violate setback requirements, accessory structure regulations, are unsightly, may decrease property values, and may pose as fire hazards; and WHEREAS, permanent and temporary structures are not permitted in driveways, front yard setback areas or street side yard setback areas per Lynwood Municipal Code Table 25-20-1; and WHEREAS, the Lynwood Municipal Code should be amended to directly address and regulate such temporary canopy structures; and WHEREAS, such regulations for temporary canopy structures shall protect public health, safety, welfare, aesthetics and property values in the City of Lynwood. NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RECOMMEND APPROVAL OF THE AMENDMENT AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by adding Section 25-195 to Chapter 25, which shall read in its entirety as follows: Section 25-195 REGULATION OF TEMPORARY CANOPY STRUCTURES IN RESIDENTIAL ZONES 25-195.1 Definitions 25-195.2 Standards and Procedures 25-195.3 Exceptions 25-195.1 Definitions For the purposes of this Section, the following words and phrases shall be construed to have the meanings herein set forth. "Canopy Structures" shall mean all structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, -=c+c~h,-r~yii3~~; ar=~~+er-~+~;lar-+~er+a#s~=t:2d=by=a=i~~a+me; ioct~~ing,-i7iii,iot limited to; .prefabricated canopies available from retail outlets. "Property" shall mean the real property or parcel of land or real estate as specified. "Temporary" shall mean a maximum of seventy two (72) hours. 25-195.2 Standards and Procedures Temporary canopy structures shall comply with the following standards and procedures: (a) Canopy structures shall not be allowed in driveways, front yard setback areas or side yard setback areas. (b) Canopy structures shall not exceed a height of seven feet (7~ from grade to the highest point of such temporary structure. (c) Canopy structures shall not be attached to a residence, accessory structure or other improvement. (d) Canopy structures shall not be used as carports nor be installed over a driveway or other paved area that has vehicular access or is used for vehicle storage. (e) No parking or storage shall be permitted in temporary canopy structures. (f) Canopy structures may remain fora maximum of seventy two (72) consecutive hours per three (3) month period. (g) Temporary canopy structures shall be open on all sides. (h) Canopy structures may only be located in rear yards and shall be located a minimum of five feet (5~ from the side and rear property lines. (i) Canopy structures shall be located a minimum of eleven feet (li') from residences, accessory structures, or other improvements. (j) Canopy structures shall not be larger than one hundred and fifty (150) square feet. (k) Temporary canopy structures shall require a plot plan for planning approval. 2 (I) Temporary canopy structures in residential zones that exist at the time of this °~ordirrance=small=tie,=e~~ove~ ;;iat2ly=or-c-empty=wit#~~:.~;=~~~5.2 t~ . (m) Temporary canopy structures are not allowed in Commercial or Industrial zones. 25-195.3 Exceptions (n) A permit may be issued administratively for a temporary canopy structure for special family or service events. Such exception shall not exceed seventy-two (72) hours and shall not be approved more than three (3) times per calendar year per property. (o) Nothing in this Chapter shall be deemed to affect or impair the City's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this Chapter. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission of the City of Lynwood hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3. This Ordinance shall take effect thirty (30) days after final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage of this Ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED AND ADOPTED this day of 2009. Maria T. Santillan, Mayor ATTEST: Maria L. Quinonez, City Clerk Roger L. Haley, City Manager 3 APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department 4 SUBJECT: NOTICE OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROJECT TITLE: ZONING CODE AMENDMENT 2009-02; CONSIDERATION OF AN AMENDMENT TO CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE ADDING SECTION 25-195 FOR THE REGULATION OF TEMPORARY CANOPY STRUCTURES Pursuant to State California Environmental Quality Act (CEQA) Guidelines, the City of Lynwood's Development Services Department is the Lead Agency and will prepare a Notice of Exemption for the project identified above. The Development Services Department has reviewed the proposed project pursuant to State CEQA Guidelines §15002 (k)(1), the first step of a three-step process for deciding which document to prepare for a project subject to CEQA. Since it can be seen with certainty that the proposed project has no potential to adversely affect any environmental area, it is exempt from CEQA pursuant to state CEQA Guidelines 15061(b)(3) -Review for Exemption. The Notice of Exemption has been prepared pursuant to state CEQA Guidelines Section 15062 -Notice of Exemption. The Notice of Exemption will be filed with the City Clerk of the City of Lynwood. Any questions regarding this Notice of Exemption should be sent to Jonathan Colin, Director of Development Services at the above address. Date: November 10, 2009 Signature: ~~~n~L!~rti-' iJonathan Colin, Director ~' Development Services Department C \DOCUments and Settings\jmlin\My Documents\CUPS\StaffReport\NOtice0fExemptionCanopies.doc NOTICE OF EXEMPTION Zoning Code Amendment 2009-02: Consideration of an Amendment to Chapter 25 of the Lynwood Municipal Code adding Section 25.195 for the Regulation of Temporary Canopy Structures The project or activity identified below is determined to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) as identified in the guidelines for the implementation of CEQA. APN: Not Applicable. Case No.: Zoning Code Amendment 2009-02 Location: The proposed code amendment would apply solely to the placement of temporary canopies within city boundaries. Project Description: The City of Lynwood is considering reinstating the code section related to the regulation of temporary canopy structures. The section was left out when the Zoning Code was updated in 2005. The proposed changes will add Section 25-195, and are intended to discourage property owners and tenants from erecting temporary canopy structures. Environmental Assessment: Ministerial Statutory Categorical Exemption Emergency Project / No Possibility of Significant Effect Section 15061(b)(3) Specific CEQA Guidelines Section: The Development Services Department has reviewed the proposed amendment pursuant CEQA Guidelines Section 15002(k) -Three Step Process, and has determined that the proposal is exempt from CEQA pursuant to Section 15061(b)(3), the general rule exemption, states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. C:\DOCUments and Settings\jcolin\My Documents\CUPs\StaffReport\NOtice0fExemptionCanopies.doc ITEM # ZCA 2009=( DATE: November 10, 2009 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Rita Manibusan, Interim Development Services Manager Cynthia Foreman, Code Enforcement Officer SUBJECT: Consideration of Amendment to Chanter 25 of the Lynwood Municiaal Code Adding Section 25-195 for the Regulation of Temoorarv Canonv Structures APPLICANT: City of Lynwood PROPOSAL The City of Lynwood is considering the amendment of the code section related to the regulation of temporary canopy structures of the Lynwood Municipal Code. BACKGROUND In 2005, when the Lynwood Zoning Code was adopted, the section related to canopies was inadvertently removed. Due to the recent growing proliferation of temporary canopy structures being used illegally as carports on residential zones, the Development Services Department has determined a need to reinstate the code section regulating temporary canopy structures. The proposed amendment will add Section 25-195. ANALYSIS & DISCUSSION The proposed changes to Chapter 25 of the Lynwood Municipal Code are being presented in the public's interest to discourage property owners and tenants from erecting temporary canopy structures. Not only are they unsightly, but they also violate setback requirements and, accessory structure regulations, encourage inappropriate use of garages and excessive outdoor storage, and pose as fire hazards. Pursuant to Section 25-115-1(b), amendments to the zoning code shall be conveyed with a resolution of the Planning Commission. The Planning Commission shall act by resolution to recommend approval, approval with modifications, or denial of the proposed change. The matter will be scheduled for Council ratification at the next available Council meeting. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that the proposed amendment is exempt from CEQA guidelines Section 15061(b)(3), the general rule exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3255 approving Zoning Code Amendment 2009-02 adding Section 25-195 to the Lynwood Municipal Code for the regulation of temporary canopy structures. Attachments: 1. Resolution No. 3255 z RESOLUTION NO. 3255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 2009-02 ADDING SECTION 25-195 TO CHAPTER 25 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES WHEREAS, the City has a rapidly growing and extreme proliferation of temporary canopy structures being used as carports in residential zones; and WHEREAS, temporary canopy structures violate setback requirements, accessory structure regulations, are unsightly, may decrease property values, and may pose as fire hazards; and WHEREAS, permanent and temporary structures are not permitted in driveways, front yard setback areas or street side yard setback areas per Lynwood Municipal Code Table 25-20-1; and WHEREAS, the Lynwood Municipal Code should be amended to directly address and regulate such temporary canopy structures; and WHEREAS, such regulations for temporary canopy structures shall protect public health, safety, welfare, aesthetics and property values in the City of Lynwood. NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RECOMMEND APPROVAL OF THE AMENDMENT AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by adding Section 25-195 to Chapter 25, which shall read in its entirety as follows: Section 25-195 REGULATION OF TEMPORARY CANOPY STRUCTURES IN RESIDENTIAL ZONES 25-195.1 Definitions 25-195.2 Standards and Procedures 25-195.3 Exceptions 25-195.1 Definitions For the purposes of this Section, the following words and phrases shall be construed to have the meanings herein set forth. "Canopy Structures" shall mean all structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets. "Property" shall mean the real property or parcel of land or real estate as specified. "Temporary" shall mean a maximum of seventy two (72) hours. 25-195.2 Standards and Procedures Temporary canopy structures shall comply with the following standards and procedures: (a) Canopy structures shall not be allowed in driveways, front yard setback areas or side yard setback areas. (b) Canopy structures shall not exceed a height of seven feet (7') from grade to the highest point of such temporary structure. (c) Canopy structures shall not be attached to a residence, accessory structure or other improvement. (d) Canopy structures shall not be used as carports nor be installed over a driveway or other paved area that has vehicular access or is used for vehicle storage. (e) No parking or storage shall be permitted in temporary canopy structures. (f) Canopy structures may remain for a maximum of seventy two (72) consecutive hours per three (3) month period. (g) Canopy structures shad be open on all sides. (h) Canopy structures may only be located in rear yards and shall be located a minimum of five feet (5') from the side and rear property lines. 2 (i) Canopy structures shall be located a minimum of eleven feet (11') from residences, accessory structures, or other improvements. (j) Canopy structures shall not be larger than one hundred and fifty (150) square feet. (k) Temporary canopy structures shall require a plot plan for planning approval. (I) Temporary canopy structures in residential zones that exist at the time of this ordinance shall be removed immediately or comply with section 25-195.2 (f) (n) Temporary canopy structures are not allowed in Commercial or Industrial zones. 25-195.3 Exceptions (m) A permit may be issued administratively for a temporary canopy structure for special family or service events. Such exception shall not exceed seventy-two (72) hours and shall not be approved more than three (3) times per calendar year per property. (n) Nothing in this Chapter shall be deemed to affect or impair the City's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this Chapter. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission of the City of Lynwood hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3. This Resolution shall take effect thirty (30) days after final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage of this Resolution and to cause it to be published or posted as required by law. 3 APPROVED AND ADOPTED this 10th day of November, 2009, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Kenneth West, Chair, Chair Lynwood Planning Commission APPROVED AS TO FORM: Jonathan Colin, Director Pam K. Lee, Agency Attorney Development Services Department Planning Commission Counsel 4 AGENDA STAFF REPORT ~~ ~~ aY DATE: December 15. 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Maria Quinonez, City Clerk Kristina Santana, Deputy City Clerk SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting -November 17, 2009 • Regular Meeting -December 01, 2009 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM LYNWOOD CITY COUNCIL REGULAR MEETING November 17, 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 5:08 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/PROCLAMATIONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues Captain Hellmold alerted residents to be wary of charitable scams. He reported on a recent robbery resulting in arrest, and several taggers being arrested thanks to the City's surveillance system. Mayor Pro Tem Castro thanked Captain Hellmold for bringing positive attention to the City. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:14 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Paulette Bradley commented on Item #25 - AWARD OF TRANSPORTATION CONTRACT TO FIESTA TAXI FOR DIAL-A-RIDE DEMAND RESPONSE SERVICE. She stated that service has not diminished and she is very satisfied. She stated that the swipe card is great and the meal shuttle is good and pleasing. She suggested that able bodied members are not given coupons. Harry Gibbens asked Council to remember that taking good care of our children is a basis for a good life. He spoke about his experience at the recent Deaf Expo. PUBLIC ORAL COMMUNICATIONS Crystal Vasquez presented an envelope to Mayor Pro Tem Castro, Council Member Flores and City Clerk Quinonez. 1 Duchess Lovett asked Council for help in getting assisted living services. She stated that BlockWatch has been very nice and helpful outside of the house but her husband and herself need help inside the house as well. She thanked Deborah Jackson and wished good luck to the newly appointed Council Members. Frank P. Calderon stated that certain politicians open door policy is only for those deemed politically correct and that he has encountered many obstacles. He stated that we should be striving towards transparent government yet some items are never brought to the community's attention and residents are denied due process. Lastly he stated that Council should have the residents' best interest at heart. Dorothy Compton asked for Council's help in fighting the cell phone tower in Lynwood. Margaret Araujo asked Council for their help in painting over incorrect home addresses that were painted on certain streets. She further stated that she is very happy with the new taxi cars but believes many seniors were confused and in the future the City should help them get their taxi coupons. Additionally she stated that the service in the City Clerk's Office is excellent, City Hall is becoming community friendly and things are moving forward. She also congratulated Council Member Morton on his recent re- election. Antonio Mungia announced the BlockWatch Dinner next Tuesday and asked Council to attend. He further announced to BlockWatch projects on Saturday: Cedar and Bullis at gam and Cornish and Imperial at gam. PUBLIC HEARINGS Item #8. FIRST READING -ADDING CHAPTER 25 -ARTICLE 45 (WATER EFFICIENT LANDSCAPE ORDINANCE) TO THE LYNWOOD MUNICIPAL CODE AND RESCINDING EXISTING CITY LANDSCAPE ORDINANCE NO. 1589 Director of Public Works, Dan Ojeda, introduced the item regarding the first reading of the Water Efficient Landscape Ordinance. It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to open the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to close the public hearing. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approve staff recommendation. z Ordinance 1ST Reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 25 -ARTICLE 45 (WATER EFFICIENT LANDSCAPE ORDINANCE) TO THE LYNWOOD MUNICIPAL CODE AND RESCINDING CITY LANDSCAPE ORDINANCE NO. 1589 AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. PUBLIC HEARING REGARDING THE PROPOSED NEIGHBORHOOD STABILIZATION PROGRAM (NSP) REUSE PLAN AND APPROVAL OF THE REUSE PLAN, NSP PROGRAM GUIDELINES AND THE NSP REHABILITATION STANDARDS Administrative Analyst, Daniel Baker, introduced the item regarding the proposed Neighborhood Stabilization Program Reuse Plan and approval of the Reuse Plan, NSP guidelines and the NSP rehabilitation standards. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to open the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Santillan, to close the public hearing and approve staff recommendation. RESOLUTION NO. 2009.211 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING AND APPROVING THE PROGRAM INCOME REUSE PLAN FOR THE STATE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM, AND ANY AMENDMENTS THERETO AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to approve the consent calendar and receive and file staff reports. 3 AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10. MINUTES OF THE PREVIOUS MEETINGS Regular Meeting -November 3, 2009 Item #11. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2009.212 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12. REAPPROPRIATION OF FUNDS RESOLUTION NO. 2009.213 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE REAPPROPRIATION OF FUNDS FOR OUTSTANDING ENCUMBRANCES OR OBLIGATIONS AT FISCAL YEAR ENDING JUNE 30, 2009 Item #13. Mayor Santillan pulled Item #13 -RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT FROM ELAVON AND PAYPAL TO PROVIDE CREDIT CARD PROCESSING SERVICES FOR THE CITY OF LYNWOOD Assistant City Manager Robert Torrez introduced the item regarding authorizing the City Manager to sign an agreement from Elavon and Paypal to provide credit card processing services for the City of Lynwood. After discussion by Council, it was moved by Mayor Santillan, seconded by Council Member Rodriguez, to move forward with having the discount utility rates absorbed by the City. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ AND SANTILLAN NOES: NONE ABSTAIN: MAYOR PRO TEM CASTRO ABSENT: NONE 4 RESOLUTION NO. 2009.214 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS WITH ELAVON CORPORATION AND PAYPAL TO PROVIDE CREDIT CARD PROCESSING SERVICES FOR THE CITY OF LYNWOOD Item #14. Mayor Pro Tem Castro pulled Item #14 -RESOLUTION AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) SEEKING BIDS FOR CELLULAR PHONE AND WIRELESS DATA SERVICES Mayor Pro Tem Castro asked staff if research had been done to determine if everyone that has a cell phone actually needs it. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Flores to approve staff recommendation with the inclusion of Assistant City Manager Robert Torrez's control mechanism. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2009.215 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) SEEKING BIDS FOR CELLULAR PHONE AND WIRELESS DATA SERVICES Item #15. AGREEMENT WITH DEVELOPER OF THE PROPERTY LOCATED AT 11001 WRIGHT ROAD RESOLUTION NO. 2009.216 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE COVENANT AND AGREEMENT BETWEEN THE CITY AND THE DEVELOPER OF THE PROPERTY LOCATED AT 11001 WRIGHT ROAD RELATIVE TO CONDITIONAL USE PERMIT NO. 2005 - 30 Item #16. APPOINTING WILLDAN & ASSOCIATES AS THE CITY'S LAND SURVEYOR FOR PARCEL MAP NO. 70506 RESOLUTION NO. 2009.217 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING WILLDAN & ASSOCIATES AS INTERIM CITY SURVEYOR FOR THE SUBDIVISION PLAN CHECK OF PARCEL MAP NO. 70506 5 Item #17. CONTRACT CHANGE ORDER NO. 1 IMPERIAL HIGHWAY IMPROVEMENT PROJECT (FROM ALAMEDA STREET TO MARTIN LUTHER KING, JR. BOULEVARD) PROJECT NO. 4011.67.967 RESOLUTION NO. 2009.218 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $132,350.40 TO THE CONSTRUCTION CONTRACT AWARDED TO PALP, INC. dba EXCEL PAVING COMPANY FOR THE IMPERIAL HIGHWAY STREET IMPROVEMENT PROJECT (FROM ALAMEDA STREET TO MARTIN LUTHER KING, JR. BOULEVARD), PROJECT NO. 4011.67.967 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT CHANGE ORDER Item #18. Mayor Santillan pulled Item #18 -NATATORIUM REHABILITATION PROJECT Mayor Santillan stated that she believed the Natatorium was fairly new and asked why so many repairs are needed. After discussion by Council, it was moved by Mayor Santillan, seconded by Council Member Flores, to move forvvard with the project and adopt the resolution. RESOLUTION NO. 2009.219 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE AND TRANSFER FUNDS IN THE AMOUNT OF $400,000 FROM THE UNAPPROPRIATED IMPACT FEE FUND TO THE NEW NATATORIUM REHABILITATION PROJECT, FISCAL YEAR 2009-2010, AND AUTHORIZE STAFF TO SOLICIT REQUEST FOR PROPOSALS FOR THE DESIGN OF THE PROJECT Item #19. SELECTION OF A CONTRACTOR TO ADMINISTER THE CITY'S HOMELESSNESS PREVENTION AND RAPID REHOUSING PROGRAM RESOLUTION NO. 2009.220 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD VOIDING THE APPROVAL OF THE AGREEMENT WITH SOUTHERN CALIFORNIA ALCOHOL AND DRUG PROGRAMS INC., AND AUTHORIZING THE CITY MANAGER OF THE CITY OF LYNWOOD TO ENTER INTO AN AGREEMENT WITH BEYOND SHELTER TO ADMINISTER THE CITY'S HOMELESSNESS PREVENTION AND RAPID REHOUSING PROGRAM." Item #20. Mayor Santillan pulled Item #20 -APPROVAL OF A CONTRACT CHANGE ORDER TO THE VIDEO SURVEILLANCE CAMERA PURCHASE AND INSTALLATION CONTRACT AND APPROVE RECOMMENDED LOCATIONS FOR NEW VIDEO SURVEILLANCE CAMERAS 6 Director of Neighborhood Services, Deborah Jackson introduced the item regarding approval of a contract change order to the video surveillance camera purchase and installation contract and approval of recommended locations for new video surveillance cameras. After discussion by Council, it was moved by Mayor Santillan, seconded by Council Member Morton to approve staff recommendation. RESOLUTION NO. 2009.221 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT CHANGE ORDER TO LEVERAGE INFORMATION SYSTEMS IN THE AMOUNT OF $219,406.58 FOR THE PURCHASE AND INSTALLATION OF NINE NEW VIDEO SURVEILLANCE CAMERAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CHANGE ORDER AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21. SETTLEMENT AGREEMENT IN EDGAR PALENCIA, ET AL. V. CITY OF LYNWOOD: (LOS ANGELES SUPERIOR COURT CASE NO. TC022282) Council approved the Settlement Agreement between Edgar Palencia and the City for $7,500. Item #22. Mayor Pro Tem Castro pulled Item #22 -CLAIM FOR DAMAGES BY ILDELISA JAUREHUI Mayor Pro Tem Castro stated that she pulled this item because she wanted to treat this claim like past claims and hold California Western Arborists accountable for the damage. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Flores to take care of Ildelisa Jaurehui's claim in house, and hold California Western Arborists accountable for the damage. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23. CLAIM FOR DAMAGES FILED BY GRANITE STATE INSURANCE ON BEHALF OF MARIA MORGAN Council rejected the claim. Item #24. PARADE PRODUCTION SERVICES FOR THE CITY'S ANNUAL CANDY CANE LANE CHRISTMAS PARADE RESOLUTION NO. 2009.222 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SOLICITATION OF VENDORS THROUGH THE INFORMAL BID PROCESS AND ALLOWING THE MAYOR TO EXECUTE AN AGREEMENT WITH PAGEANTRY PRODUCTIONS TO PRODUCE "THE ANNUAL CANDY CANE LANE CHRISTMAS PARADE FOR THE YEARS 2009 AND 2010 AND AUTHORIZING THE ALLOCATION OF $26,000 PER YEAR FOR SAID SERVICES Item #25. Mayor Santillan pulled Item #25 -AWARD OF TRANSPORTATION CONTRACT TO FIESTA TAXI FOR DIAL-A-RIDE DEMAND RESPONSE SERVICE Council Member Flores made a motion, seconded by Council Member Rodriguez to approve recommendation number one and adopt the resolution. No vote was taken and further discussion was held. After further discussion, Mayor Pro Tem Castro made a subsequent motion to go with a one year contract. No vote was taken and further discussion was held. After further discussion, Mayor Santillan made a subsequent motion to the subsequent motion, seconded by Council Member Rodriguez, to provide service to seniors with both companies and let the senior citizens decide which companies they want to use. Further discussion was held. AYES: COUNCIL MEMBERS RODRIGUEZ AND SANTILLAN NOES: COUNCIL MEMBER FLORES, CASTRO ABSTAIN: COUNCIL MEMBER MORTON ABSENT: NONE Due to lack of majority decision, this motion died. After further discussion, Mayor Pro Tem Castro made a motion, seconded by Council Member Morton, to go with option one with a one year term and give staff the direction to research the possibility of two companies. s AYES: COUNCIL MEMBERS MORTON AND CASTRO NOES: COUNCIL MEMBERS FLORES, RODRIGUEZ, AND SANTILLAN ABSTAIN: NONE ABSENT: NONE Due to lack of majority decision, this motion died. After discussion by Council, Council Member Rodriguez made a motion, seconded by Mayor Santillan, to reject all bids, direct staff to negotiate and bring back to council in two months, and make an extension to the month to month contract for four months. Mayor Pro Tem Castro made a subsequent motion to table the item and schedule a meeting with both companies to come to amicable agreement. Council Member Flores made a subsequent motion to the subsequent motion to go with option number one. City Attorney Fred Galante asked Council Member Rodriguez if he would consent to withdrawing his second. Council Member Rodriguez did not consent, and the subsequent motion died. After further discussion, Council Member Rodriguez made a motion, seconded by Mayor Santillan to reject the previous bids, dispense with the bidding requirements per section 6-3.13 of the Municipal Code, authorize staff to negotiate directly with the two companies that made presentations today on terms that the staff may recommend and bring back to council, and an approve an extension of the month to month contract with Fiesta Taxi. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ AND SANTILLAN NOES: COUNCIL MEMBER CASTRO ABSTAIN: NONE ABSENT: NONE Item #26. Mayor Pro Tem Castro pulled Item #26 -DESIGNATING THE DESIGN REVIEW BOARD AS THE ADVISORY BOARD FOR THE CITY'S PARKING AND BUSINESS IMPROVEMENT DISTRICT Mayor Pro Tem Castro asked for clarification on this item. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to approve staff recommendation. RESOLUTION NO. 2009.223 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE DESIGN REVIEW BOARD AS THE ADVISORY BOARD FOR THE CITY'S PARKING AND BUSINESS IMPROVEMENT DISTRICT 9 AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE NEW/OLD BUSINESS Item #27. PROPOSED SUSPENSION OF 2010 WATER RATES ADJUSTMENT Assistant City Manager Robert Torrez introduced the item regarding proposed suspension of 2010 water rates adjustment. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to waive completely this year and then increase it after that. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Pro Tem Castro asked staff for a report on the number and type of cell phone towers in the City. She suggested that the City adopt a policy to notify residents of impending cell phone tower construction. She suggested that the City refocus code enforcement to multi units so that it makes a difference. She commented on the positive nature of the campaigns and congratulated her re-elected colleagues whose re- election proved that personal differences can be set aside in order to move the City forward. Council Member Flores congratulated the re-elected council members for holding a clean campaign and for being re-elected. He also alerted staff of possible light post outages on Agnes, Atlantic and Bullis. He concluded by saying that altruism can really be achieved if we really want it to and wished everyone a good night. Council Member Morton thanked everyone who voted and stated that there should have been a higher turnout. He stated that the taxi issue was confusing but maybe the companies can come up with a way to increase ridership. He stated that Council tries to do their best and his concern is for the people. Mayor Santillan directed staff to look into issue of painting over wrong addresses in the City. She wished everyone a Happy Thanksgiving and acknowledged that the Cash for Chunkers Competition is half way through. She said that at the end of the day, io competition is good and she believed the City would receive better service from the taxi companies. She thanked everyone for attending and announced that the next meeting would be held at Bateman Hall on December 15~ CLOSED SESSION It was moved by Mayor Santillan, seconded by Council Member Flores and carried to recess to closed session at 7:45 p.m. The City Council reconvened at 8:27 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #28. 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: City of Lynwood, et. al v. Lynwood Chamber of Commerce, et. al LASC Case No. TC022178 Heard an update, no reportable action was taken. 2. Name of Case: Francisco Rosales v. City of Lynwood Case No. TC023155 Heard a status update, provided direction, no reportable action was taken. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, and carried to adjourn the regular Lynwood City Council meeting at 8:28 p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk 11 LYNWOOD CITY COUNCIL REGULAR MEETING December 1, 2009 The City Council of the City of Lynwood met in a regular meeting at Bateman Hall, 11331 Ernestine Ave. on the above date at 5:15 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/PROCLAMATIONS e Sheriff Captain James Hellmold -Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) No Presentations were held. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE PUBLIC ORAL COMMUNICATIONS Victor Caballero presented a certificate to the Mayor and to the Mayor Pro Tem on behalf of Rosario Marin, 415 Treasurer of the United States, to commemorate their hard work over the last 12 months. Mr. Caballero further congratulated the totality of the Council on their fine work over the last 12 months. Lorene Reed congratulated the newly re-elected council members. Ms. Reed stated that she would like to talk about Item #9 -Reorganization. She stated that she would like to see things stay the way they are, with council members working together as a team to move the community forward. Margaret Araujo congratulated the newly re-elected council members. Ms. Araujo stated that residents want a substation on Atlantic, as well as to keep the city moving. She stated that Mr. Haley and Mr. Rodriguez have done a great job with the Business i Roundtable. Additionally, she stated that she heard about the recall petition, but recommended that the elected officials keep moving forward. Jose Luis Solache congratulated the newly re-elected council members and asked for Council's support in building a partnership with the Lynwood Unified School District. Mr. Solache also thanked the Council for the Cash for Chunkers program which has helped him lose weight. Christopher Scandrick congratulated the newly re-elected council members and asked for support in setting up a stop light in a very dangerous crosswalk in the City. Sal Alatorre congratulated the newly re-elected council members and stated that he looks forward to working with them. Item #7. RECITING THE FACTS AND DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION NOVEMBER 3, 2009 City Manager, Roger Haley, introduced the item regarding reciting the facts and declaring the results of the General Municipal Election. City Clerk, Maria Quinonez declared the results of the General Municipal Election. It was moved by Mayor Santillan, seconded by Council member Rodriguez, to adopt the resolution. RESOLUTION NO. 2009.255 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2009, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGIJEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8. SWEARING IN CEREMONIES Mayor Pro Tem Castro introduced this item by congratulating the newly re-elected council members. City Clerk Quinonez swore in Jim Morton and Ramon Rodriguez. Sheriff Lee Baca swore in Maria T. Santillan. 1) Council Member- Maria T. Santillan 2) Council Member-Jim Morton 3) Council Member -Ramon Rodriguez z Item #9. REORGANIZATION Council Member Santillan introduced the item regarding the reorganization of council. Council Member Castro nominated Council Member Santillan for Mayor. Council Member Santillan nominated Council Member Castro for Mayor. Council Member Rodriguez seconded the nomination. Council Member Castro respectfully declined the position, citing familial obligations. Council Member Santillan seconded Council Member Castro's original nomination. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Mayor Santillan nominated Council Member Castro for Mayor Pro Tem. Council Member Flores seconded the nomination. Council Member Rodriguez nominated Council Member Jim Morton for Mayor Pro Tem. Council Member Morton seconded the nomination. The Mayor asked for a roll call on the original nomination. AYES: COUNCIL MEMBERS FLORES, CASTRO AND SANTILLAN NOES: COUNCIL MEMBERS MORTON AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #10. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:45 p.m. PUBLIC HEARINGS Item #11. HOUSING ELEMENT 2006-2014 REPORTING PERIOD City Manager Roger Haley, introduced the item regarding the Housing Element for the 2006-2014 reporting period. It was moved by Council Member Flores, seconded by Mayor Pro Tem Castro, to open the public hearing. It was moved by Council Member Flores, seconded by Mayor Pro Tem Castro, to close the public hearing. 3 It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approve staff recommendation. RESOLUTION NO. 2009.256 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE 2006-2014 HOUSING ELEMENT APPROVED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND ADOPTING NEGATIVE DECLARATION 209-01 IN CONNECTION THEREWITH AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE City Attorney, Fred Galante, introduced a Subsequent Need item regarding designating an alternate Elections Official when the Elections Official cannot serve pursuant to Elections Code section 11201. In anticipation of such circumstance, a resolution appointing an alternate Elections Official was drafted for Council's consideration. It was moved by Council Member Rodriguez, seconded by Council Member Flores, to add the Subsequent Need item to the agenda. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR It was moved by Council Member Flores, seconded by Mayor Santillan, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #12. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2009.257 ENTITLED: a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #13. REQUEST TO SOLICIT BIDS FOR PROFESSIONAL SERVICES TO RECOVER UNCLAIMED FUNDS DUE TO THE CITY RESOLUTION NO. 2009.258 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT BIDS FOR PROFESSIONAL SERVICES TO RECOVER UNCLAIMED FUNDS DUE TO THE CITY Item #14. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADDING CHAPTER 25 - ARTICLE 45 (WATER EFFICIENT LANDSCAPE ORDINANCE) TO THE LYNWOOD MUNICIPAL CODE ORDINANCE NO. 1623 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 25 -ARTICLE 45 (WATER EFFICIENT LANDSCAPE ORDINANCE) TO THE LYNWOOD MUNICIPAL CODE Item #15. DEPARTMENT OF ANIMAL CARE AND CONTROL SERVICE AGREEMENT RENEWAL RESOLUTION NO. 2009.259 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE COUNTY OF LOS ANGELES FOR ANIMAL CARE AND CONTROL SERVICES Item #16. Council Member Rodriguez pulled Item #16 -AMENDMENT TO THE CITY CONTRACT WITH JAS PACIFIC, INC., AND MELAD AND ASSOCIATES REQUESTING AN EXTENSION OF THE EXISTING CONTRACT WITH JAS PACIFIC, INC. AND MELAD AND ASSOCIATES FROM JANUARY 6, 2010 TO JANUARY 6, 2011 Council Member Rodriguez asked staff why the City was requesting a one year extension instead of a month to month extension along with an RFP. Director of Development Services, Jonathan Colin, stated that the current item is already budgeted and proposed as such so as not to disrupt service. After discussion by Council, it was moved by Council Member Rodriguez, seconded by Council Member Morton to proceed with the contract on a month-to-month basis for a term of 4 months while staff prepares an RFP. s RESOLUTION NO. 2009.260 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING TWO CONTRACTS THE FIRST CONTRACT WITH JAS PACIFIC, INC. AND 'THE SECOND CONTRACT WITH MELAD AND ASSOCIATES TO PROVIDE PROFESSIONAL BUILDING PLAN-CHECK AND INSPECTION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17. CLAIM FOR DAMAGES BY ATTORNEY MR. KEITH P. MORE ON BEHALF OF MS. MARSHA A. PETERS Council rejected the claim. Item #18. Mayor Pro Tem Castro pulled Item #18 -CLAIM FOR DAMAGES BY MS. MARTHA MAGANA Mayor Pro Tem Castro asked that staff take care of the claim for Ms. Martha Magana and charge Western Arborists, just as Council has done for other residents. After Discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to have the city should take care of the claim for the resident and pass the cost to California Western Arborists. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19. CLAIM FOR DAMAGES BY MS. TAKEEMA HODGES Council rejected the claim. NEW/OLD BUSINESS Item #20. TITLE 10 OF THE LOS ANGELES COUNTY CODE - ANIMAL CONTROL 6 Director of Neighborhood Services, Deborah Jackson, introduced the item regarding Title 10 of the Los Angeles County Code -Animal Control. It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to approve staff recommendation. ORDINANCE 15t READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 10 OF THE LOS ANGELES COUNTY CODE TO PROVIDE ANIMAL CONTROL SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF LYNWOOD AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21. Mayor Santillan pulled Item #21 -SPECIAL PERMIT APPLICATION - LA PLAYITA RESTAURANT, 11025 ATLANTIC AVENUE The item was pulled because the applicant withdrew his request. Item #21-A. DESIGNATING AN ALTERNATE ELECTIONS OFFICIAL It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to approve staff recommendation and approve resolution. RESOLUTION NO. 2009.261 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING AN ALTERNATIVE ELECTIONS OFFICIAL TO SERVE THE FUNCTIONS OF THE ELECTIONS OFFICAL WHERE NECESSARY AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ASSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Rodriguez thanked the community for attending the council meeting. He stated that he is honored to serve as Council Member for another four year term and he will be looking out for the community. Council Member Morton thanked the community for the great turn out and for the vote of confidence in re-electing him. He stated that he was proud to finally achieve his goal of winning office after many years of trying. He spoke about working for former Council Member John Bjork and with Lee Omars, Louis Thompson, Gene Greene, Louis Heine. He stated that these men were his role models. He pledged that as long as he is on council he will vote as they did, with his heart and only for the goodwill of the people of Lynwood and the City employees. He thanked everyone for the honor of serving as Council Member. Mayor Santillan thanked her family, volunteers, staff and the community for their support. She stated that it takes a whole community to make a positive change. She further stated that Council will stand united and fight the recent recall petition because they do not believe in it. Mayor Pro Tem Castro congratulated the newly re-elected Council Members. She stated that she is looking forward to another two years full of hard work. She discussed each Council Members talent, describing Council Member Flores as analytical, Council Member Morton as full of Lynwood history, Council Member Rodriguez as understanding of the business community, and Mayor Santillan as someone who has brought stability to the council. Lastly, she thanked everyone for attending the meeting. Council Member Flores congratulated the newly re-elected Council Members. He thanked the residents for allowing them serve on the Council. He congratulated Mr. Alejandro Rojas for his great job in directing traffic at Will Rogers Elementary School. He thanked everyone for attending the meeting. Mayor Pro Tem Castro presented Mayor Santillan with a gold gavel in appreciation for her service as Mayor of the City of Lynwood for two terms, 2008 and 2009. CLOSED SESSION NONE ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores, and carried to adjourn the regular Lynwood City Council meeting at 6:26 p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk a F ~~ AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members oaf the~C7 ity Council APPROVED BY: Roger L. Haley, City Managgr'~~ "`~~ n ~/ PREPARED BY: Robert S. Torrez, Assistant City Manager -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 Year 2009-2010. Attached Warrant Register dated December 15, 2009-------------- ITEM /~ A O J (D A F N S N cD O O m n N x N d a c d x 1 O '. m y ~ ~ {gyp V V .. W W ~ V V W d _ d) (T W O W W O J O) ' OJ _ [n N CO A N F # F O N m N O N _ ~ N ~ O W N O N O W N 0 N ~ Q 3 F O O O O O O O O O O O O N O O O O CT W O (P ~ J O O O. 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O~ O) C O N N N O V N G ms O O O O 0 0 N OJ V ~O (D N N O O O (P (T , s ~ m co m N O m m m N i U A W N A G O N N N N ~ w w ' w w S N N N N O N O O O O O O O M 0 0 0 0 0 ° ° ° c rn m o A A W ~ ~ F N W A ~ O r m D m G m D < .. n Z N N D D D A ~ A ~ ~ Q ( W m m o c z ~ z T ~ ~ c D ~ Z ~ p O O O O ~ m D ? N n O 7J 0 ' N A A A N N N ~ W W O~ N N rn m m o 0 ~ ~ 0 0 0 0 0 U1 ~ U1 O O O O O O O O O O A A V m m O f0 W N ~ O m N w N O O O O 0 0 J W N D O c C7 S 0 T m r m D z n m m w A O W O 0 rn rn 0 N A A 00 00 N N N N O O O O O O O O O O O O W O] W W W O T m N N N N J n J O j n J A ~ 0 o ~ ~ ~~ n~ o o ~D ~D~D ~-{ Z oO W j' j' w ~ wow ~ is %0 .. m ~ O is is rnia is cn ~ i cn N cn ~ i w u, m w m o A o~ -. 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K) m W W " 0 A A A O O 0 O O o 0 a a{19FiY 4 �S x AGENDA STAFF RE O �� DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Robert S. Torrez, Assistant City Manager Admin. & Comm. Svcs. Steven Avalos, Administrative Analyst II SUBJECT: City's Formal Support of Local Taxpayer, Public Safety, and Transportation Act of 2010 Recommendation: Staff recommends that City Council approve and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO PROCLAIM FORMAL SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010, A PROPOSED CONSTITUTIONAL AMENDMENT SET TO GO ON THE NOVEMBER 2010 STATEWIDE BALLOT." Background: When the State of California adopted its FY 2009 -10 (FY 10) budget, one of the major impacts on local governments was the suspension of Proposition 1A protections. Proposition 1A is a constitutional amendment that restricts the State from taking local government property taxes. However, Proposition 1 A does have exceptions which allow the State to "borrow" local government property taxes under specified criteria. For FY 10, the State did divert local agencies' property tax revenues. However, the State budget included a provision which allowed cities to participate in a bond program that reimburses cities their loss in property tax revenues. As you are aware, the City successfully participated in this program and, as a result, will not experience a net loss in property tax revenues for this fiscal year. In addition, as part of the Legislature's original budget package, gas tax revenues alldAGENC Proposition 42 revenues were proposed to be taken by the State. These revenues fu d transportation projects and transit services for local agencies. However, this wits ITEM unsuccessful and not included in the final budget. I / 1 Discussion & Analysis: The League of California Cities, California Alliance for Jobs and California Transit Association are spearheading a constitutional amendment campaign to prevent the State from further raids of local revenue streams. On October 20, 2009, the League filed the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 with the California Attorney General's Office. This ballot initiative will go on the November 2010 statewide ballot for the citizens of California to vote upon. This new ballot measure is intended to protect revenue streams that have been historically dedicated by the voters to local government services, transportation projects and transit services. The major provisions of the new constitutional amendment are as follows: • Locally Imposed Taxes — Will continue to protect locally imposed taxes, such as Utility Users Tax (UUT), Transient Occupancy Tax (TOT), Business Licenses Tax (BLT), etc. as status quo. The State by no means can take, borrow, or direct how these funds may be allocated. • Proposition 1A Property Taxes — Stipulates that after FY 10, the State can never borrow, divert, or take property taxes dedicated to all local agencies. Vehicle License Fees (VLF) — Prohibits reallocation of VLF revenues to reimburse State mandates. • Redevelopment Tax Increment — Prohibits diverting tax increment revenues from local redevelopment agencies to any other agencies or jurisdictions that benefit the State. • Highway Users Tax Account (HUTA or Gas Tax) —Prohibits loaning HUTA funds to the State General Fund. However, this does not prevent the State from deferring gas tax payments to local agencies during the fiscal year. • Proposition 42 (Sales Tax on Gasoline) — Prohibits the State from borrowing any Prop. 42 funding for their general fund. Like HUTA, the State can still defer these payments during the fiscal year. The League is taking a grassroots approach in launching this campaign and will require the participation and support of all local agencies alike. Once the measure receives its formal Title and Summary later this month, the League will proceed in going forward with the signature - gathering process and fundraising campaign. The League will need to gather over one million signatures to qualify this measure as a constitutional amendment on the November ballot. The League is currently devising a campaign strategy and will be meeting with City officials over the next upcoming weeks. 2 It is extremely important to note that if City employees participate in this campaign, gathering signatures must be done on personal time (not City time) and any contributions must be made with personal funds The League is asking all city leaders, such as mayors and council members, city managers, and all ACMs to make personal contributions and gather signatures. Other potential City involvement may entail the use of volunteers to gather signatures and contributions from the community. Although the City can not directly contribute to this campaign, it can endorse this measure by adopting a formal resolution of support. Supporting this measure would affirm the City's commitment to preserving local revenue streams in future years, as well as safeguard local revenues from diversion from the State during times of economic crises. Fiscal Impact: There will be no fiscal impact associated with the recommended action. Coordinated With: City Attorney Attachments: Resolution Submitted Ballot Measure 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO PROCLAIM FORMAL SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010, A PROPOSED CONSTITUTIONAL AMENDMENT SET TO GO ON THE NOVEMBER 2010 STATEWIDE BALLOT WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds, have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the Constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Lynwood formally endorses the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, a proposed constitutional amendment. Section 2. The City hereby authorizes the listing of the City of Lynwood in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. Section 3. This resolution shall be effective immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk Roger Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Robert S. Torrez ACM — Admin. & Community Services 2 09 -0063 Amdt. -ANS Section One. Title. This act shall be known and may be cited as the "local Taxpayer, Public Safety, and Transportation Protection Act of 2010." Section Two. Findings and Declarations. The people of the State of California find and declare that: (a) In order to maintain local control over local taxpayer funds and protect vital services like local fire protection and 9 -1 -1 emergency response, law enforcement, emergency room care, public transit, and transportation improvements, California voters have repeatedly and overwhelmingly voted to restrict state politicians in Sacramento from taking revenues dedicated to funding local government services and dedicated to funding transportation improvement projects and services. (b) By taking these actions; voters have acknowledged the critical importance of preventing State raids of revenues dedicated to funding vital local government services and transportation improvement projects and services. (c) Despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects and services, state politicians in, Sacramento have seized and borrowed billions of dollars in local government and transportation funds. (d) in recent years, state politicians in Sacramento have specifically: (1) Borrowed billions of dollars in local property tax revenues that would otherwise be used to fund local police, fire and paramedic response and other vital local services; (2) Sought to take and borrow billions of dollars in gas tax revenues that voters have dedicated to on -going transportation projects and tried to use them for non - transportation purposes; (3) Taken local community redevelopment funds on numerous occasions and used them for unrelated purposes; (4) Taken billions of dollars from local public transit like bus, shuttle, light -rail and regional commuter rail, and used these funds for unrelated state purposes. (e) The continued raiding and borrowing of revenues dedicated to funding local government services and dedicated to funding transportation improvement projects can cause severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services. (f) State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds. (g) It is hereby resolved, that with approval of this ballot initiative, state politicians in Sacramento shall be prohibited from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services or dedicated to transportation improvement projects and services. Section Two and One -Half. Statement of Purpose. The purpose of this measure is to conclusively and completely prohibit state politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or Interfering with revenues that are dedicated to funding services provided by local government or funds dedicated to transportation improvement projects and services. Section Three. Section 24 of Article XIII of the California Constitution Is hereby amended to read as follows: j1The Legislature may not impose taxes for local purposes but may authorize local governments to impose them. (b) The Legislature may not reallocate, transfer, borrow, appropriate, restrict the use of, or otherwise use the proceeds of any tax imposed or levied by a local government solely for the local government's purposes. jcJ Money appropriated from state funds to a local government for its local purposes may be used as provided by law. jdJ Money subvened to a local government under Section 25 may be used for state or local purposes. Section Four. Section 25.5 of Article XIII of the California Constitution is hereby amended to read as follows: SEC. 25.5. (a) On or after November 3, 2004, the Legislature shall not enact a statute to do any of the following: (1) (A) Except as otherwise provided in subparagraph (B), modify the manner in which ad valorem property tax revenues are allocated in accordance with subdivision (a) of Section 1 of Article XIII A so as to reduce for any fiscal yearthe percentage of the total amount of ad valorem property tax revenues in a county that is allocated among all of the local agencies in that county below the percentage of the total amount of those revenues that would be allocated among those agencies for the same fiscal year under the statutes in effect on November 3, 2004. For purposes of this subparagraph, "percentage" does not include any property tax revenues referenced in paragraph (2). (B) ReginAing with the 2008 09 In the 2009 -10 fiscal year only, and except as otherwise provided in subparagraph (C), subparagraph (A) may be suspended for a L fiscal year if all of the following conditions are met: (i) The Governor issues a proclamation that declares that, due to a severe state fiscal hardship, the suspension of subparagraph (A) is necessary. (ii) The Legislature enacts an urgency statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two- thirds of the membership concurring, that contains a suspension of subparagraph (A) for that fiscal year and does not contain any other provision. (iii) No later than the effective date of the statute described in clause (ii), a statute is enacted that provides for the full repayment to local agencies of the total amount of revenue losses, including interest as provided by law, resulting from the modification of ad valorem property tax revenue allocations to local agencies. This full repayment shall be made not later than the end of the third fiscal year immediately following the fiscal year to which the modification applies. peF Od of 19 eaRseGutive fissal years, whiGh peFied begins with the first fisral YeaF fOF whirh subpaFaffaPh (A) Is suspeRded- (i Q A suspension of subparagraph (A) shall not result in a total ad valorem property tax revenue loss to all local agencies within a county that exceeds 8 percent of the total amount of ad valorem property tax revenues that were allocated among all local agencies within that county for the fiscal year immediately preceding the fiscal year for which subparagraph (A) is suspended. (2)(A) Except as otherwise provided in subparagraphs (B) and (C), restrict the authority of a city, county, or city and county to impose a tax rate under, or change the method of distributing revenues derived under, the Bradley -Burns Uniform Local Sales and Use Tax Law set forth in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, as that law read on November 3, 2004. The restriction imposed by this subparagraph also applies to the entitlement of a city, county, or city and county to the change in tax rate resulting from the end of the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004. (B) The Legislature may change by statute the method of distributing the revenues derived under a use tax imposed pursuant to the Bradley -Bums Uniform Local Sales and Use Tax Law to allow the State to participate in an interstate compact or to comply with federal law. (C) The Legislature may authorize by statute two or more specifically identified local agencies within a county, with the approval of the governing body of each of those agencies, to enter into a contract to exchange allocations of ad valorem property tax revenues for revenues derived from a tax rate imposed under the Bradley -Burns Uniform Local Sales and Use Tax Law. The exchange under this subparagraph of revenues derived from a tax rate imposed under that law shall not require voter approval forthe continued imposition of any portion of an existing tax rate from which those revenues are derived. (3) Except as otherwise provided in subparagraph (C) of paragraph (2), change for any fiscal year the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county other than pursuant to a bill passed in each house of the Legislature by roll call vote entered in the journal, two-thirds of the membership concurring. The Legislature shall not change the pro rata shares of ad valorem property tax pursuant to this paragraph, nor change the allocation of the revenues described in Section 15 of Article XI, to reimburse a local government when the Legislature or any state agency mandates a new program or higher level of service on that local government. (4) Extend beyond the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004, the suspension of the authority, set forth in that section on that date, of a city, county, or city and county to impose a sales and use tax rate under the Bradley -Burns Uniform Local Sales and Use Tax Law. 4 (5) Reduce, during any period in which the rate authority suspension described in paragraph (4) is operative, the payments to a city, county, or city and county that are required by Section 97.68 of the Revenue and Taxation Code, as that section read on November 3, 2004. (6) Restrict the authority of a local entity to impose a transactions and use tax rate in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), or change the method for distributing revenues derived under a transaction and use tax rate imposed under that law, as it read on November 3, 2004. (7) Require a community redevelopment agency (A) to pay, remit, loan or otherwise transfer, directly or indirectly, taxes on ad valorem real property and tangible personal property allocated to the agency pursuant to Section 16 of Article XVI to or for the benefit of the State, any agency of the State, or any iurisdiction; or (B) to use, restrict, or assign a particular purpose for such taxes for the benefit of the State, any agency of the State, or any jurisdiction, other than (I) for making payments to affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of Health and Safety Code or similar statutes requiring such payments, as those statutes read on January 1, 2008 or Oil for the purpose of increasing, improving, and preserving the supply of low and moderate income housing available at affordable housing cost. (b) For purposes of this section, the following definitions apply: (1) "Ad valorem property tax revenues" means all revenues derived from the tax collected by a county under subdivision (a) of Section 1 of Article XIII A, regardless of any of this revenue being otherwise classified by statute. (2) "Local agency" has the same meaning as specified in Section 95 of the Revenue and Taxation Code as that section read on November 3, 2004. (3) 'Jurisdiction " - has the same meaning as specified in Section 95 of the Revenue and Taxation Code as that section read on November 3. 2004. Section Five. Article XIX of the California Constitution is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenue from the Highway Users Tax Account, or its successor, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article SEC. 2. Revenues from taxes imposed by the State on motor vehicle fuels for use In motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section 2100 of the Streets and Highways Code) or its successor, which is hereby declared to be a trust fund, and shall be allocated monthly in accordance with Section 4, and shall used solely for the following purposes: (a) The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes. (b) The research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment, and services. S€G 2. SEC. 3 . Revenues from fees and taxes imposed by the State upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, shall be used for the following purposes: (a) The state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways of this State, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation due to air and sound emissions. (b) The purposes specified in Section -12 of this article. S EG. 3 SEC. 4. (a) Except as provided in subdivision (b). 4othe 1 °°'s'� all pride statutory aAecatien formulas in effect on June 30, 2009 which allocate the revenues described in Section 2 to fer cities, counties, and areas of the State shall remain in effect (b) The Legislature shall not modify the statutory allocations in effect on June 30, 2009 unless and until both of the following have occurred: U1 A The Legislature determines in accordance with this subdivision that another basis for an equitable, geographical, and jurisdictional distribution exi ; . Any future statutory revisions shall (A) provide for the allocation of these revenues, together with other similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population; and B be consistent with the orderly achievement of the adopted local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plan (2) The process described in subdivision (c) has been comoieted. (c)The Legislature shall not modify the statutory allocation pursuant to subdivision (b) until all of the following have occurred: (1) The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the local and regional goals for ground transportation in that part of the State: 2) The California Transportation Co mmission has published a re port d escribing the input received at the public hearings and how the modification to the statutory allocation is consistent with the orderly achievement of local, regional, and statewide goals for ground transportation in local general plans, regiona_I_ transportation plans, and the California Transportation Plan; and (3) Ninety days have passed since the Publication of the report by the California Transportation Commission. (d) A statute enacted by the Legislature modifying the statutory allocations must be by a bill passed in each house of the Legislature by roll call vote entered in the journal, two- thirds of the membership concurring, provided that the bill does not contain any other unrelated provision. (e) The revenues allocated by statute to cities, counties, and areas of the State pursuant to this article may be used solely by the entity to which they are allocated, and solely for the purposes described in Sections 2, 5. or 6 of this article. (f) The Legislature may not take any action which permanently or temporarily does any of the following: (1) changes the status of the Highway lasers Tax Account as a trust fund; (2) borrows, diverts, or appropriates these revenues for purposes other than those described in subdivision (e); or (3) delays. defers, suspends, or otherwise interrupts the Pavment. allocation, distribution, disbursal. or transfer of revenues from taxes described In Section 2 to cities, counties, and areas of the State pursuant to the procedures in effect on June 30, 2009 SEE 4. SEC. 5. Revenues allocated pursuant to Section S 4 may not be expended for the purposes specified in subdivision (b) of Section -12, except for research and planning, until such use is approved by a majority of the votes cast on the proposition authorizing such use of such revenues in an election held throughout the county or counties, or a specified area of a county or counties, within which the revenues are to be expended. The Legislature may authorize the revenues approved for allocation or expenditure under this section to be pledged or used for the payment of principal and interest on voter - approved bonds issued for the purposes specified in subdivision (b) of Section -12. SiG. 6. SEC. 6. jaj TM^ I egislat „se m... al.the.I.e 1,141) to 25 percent of the revenues by the State, allocated to the State pursuant to Section 4 for the purposes specified in subdivision (a) of Section 4 2 of this article may be pledged or used by the State upon approval by the voters and appropriation by the Legislature, for the payment of principal and interest on voter - approved bonds for such purposes issued by the State on and after November 2. 2020 feF SUGh PUrPe;es (b) Up to 25 percent of the revenues allocated to any city or county pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used only by any city or county forthe payment of principal and interest on voter - approved bonds issued by that city or county for such purposes. f Cr C The te...e..ee .e. de .,ede. this aFti May he leased to 41... Geee-M-1 he delayed URN' a date eat m the.. OIL d eftes the .race of eeA R - 8f the hud (2) Thee ga te a et of Geee -aI c....d FPVAA APS fe. the ee Feeet A«el .,e.. (s) PIethle.. OR this se..tlee emhlhlts the 1 e.dslatWe ft em alAGN R by statute loans (s) PIethle.. OR this se..tlee emhlhlts the 1 e.dslatWe ft em alAGN R by statute loans SEC. 7. If the Legislature reduces or repeals the taxes described in Section 2 and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Highway Users Tax Account, dedicated to the purposes listed in Section 2. and allocated to cities, counties, and areas of the State pursuant to Section 4. All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in Section 2. SEG, -7. SEC. 8. This article shall not affect or apply to fees or taxes imposed pursuant to the Sales and Use Tax Law or the Vehicle License Fee Law, and all amendments and additions now or hereafter made to such statutes. SEC- -8. SEC. 9. Notwithstanding Sections 4-and 2 and 3 of this article, any real property acquired by the expenditure of the designated tax revenues by an entity other than the State for the purposes authorized in those sections, but no longer required for such purposes, may be used for local public park and recreational purposes. SEG. . SEC. 10 . Notwithstanding any other provision of this Constitution, the Legislature, by statute, with respect to surplus state property acquired by the expenditure of tax revenues designated in Sections 4-aod 2 and 3 and located in the coastal zone, may authorize the transfer of such property, for a consideration at least equal to the acquisition cost paid by the sState to acquire the property, to the Department of Parks and Recreation for state park purposes, or to the Department of Fish and Game for the protection and preservation of fish and wildlife habitat, or to the Wildlife Conservation Board for purposes of the wildlife Conservation Law of 1947, or to the State Coastal Conservancy for the preservation of agricultural lands. As used in this section, "coastal zone" means "coastal zone" as defined by Section 30103 of the Public Resources Code as such zone is described on January 1, 1977. Section Six. Article XIX A of the California Constitution Is hereby amended to read as follows: SECTION 1. (a) The Legislature shall not borrow revenues from the Public Transportation Account, or any successor account, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article. 1b The AwA54A4he Public Transportation Account in the State Transportation Fund, or any successor account, is a trust fund. The Legislature may not change the status of the Public Transportation Account as a trust fund. Funds in the Public Transportation Account may not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury. imposed; (c) All revenues specified in paragraphs 11) through (3), inclusive, of subdivision (a) of Section 7102 of the Revenue and Taxation Code, as that section read on June 1. 2001, shall be deposited no less than quarterly into the Public Transportation Account (Section 99310 of the Public Utilities Code), or its successor. The Legislature may not take any action which temporarily or permanently diverts or appropriates these revenues for purposes other than those described in subdivision (d), or delays, defers, suspends, or otherwise interrupts the quarterly deposit of these funds into the Public Transportation Account. (d) Funds in the Public Transportation Account may only be used for transportation Planning and mass transportation purposes. The revenues described in subdivision (c) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows: (1) Fifty percent Pursuant to subdivisions (a) through (fl. inclusive. of section 99315 of the Public Utilities Code, as that section read on July 30. 2009. (2) Twenty -five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on Julv 30, 2009, (3) Twenty -five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. 10 Am go days date ef the budget b ill f8F the subsequem Aseal yeaF. afteF of ena-stmeAt fisea( year: 10 (e) For purposes of paraaraph (1) of subdivision (d) "transportation planning" means only the purposes described in subdivisions (c) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (f) For purposes of this article "mass transportation," "public transit," and "mass transit' have the same meaning as "public transportation." "Public transportation" means: (1)(A) Surface transportation service provided to the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143 or similar transportation provided to people with disabilities or the elderly (B) operated by bus rail ferry , or other conveyance on a fixed route, demand response, or otherwise regularly available basis (C) generally for which a fare is charged: and IN provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1. 2009, a ioint powers authority formed to provide mass transportation services, an agency described in subdivision (f) of Section 15975 of the Government Code, as that section read on January 1. 2009, any recipient (3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. SEC. 2. (a) As used in this section, a 'local transportation fund" is a fund created under Section 29530 of the Government Code, or any successor to that statute. (b) All local transportation funds are hereby designated trust funds. The Legislature may not change the status of local transportation funds as trust funds. (c) A local transportation fund that has been created pursuant to law may not be abolished. (d) Money in a local transportation fund shall be allocated only by the local government that created the fund, and only for the purposes authorized under Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code and Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code, as those provisions existed on October 1, 1997. Neither the county nor the Legislature 11 (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30. 2009. may authorize the expenditure of money in a local transportation fund for purposes other than those specified in this subdivision. (e) This section constitutes the sole method of allocating, distributing, and using the revenues in a local transportation fund. The purposes described in subdivision (d) are the sole purposes for which the revenues in a local transportation fund may be used. The Legislature may not enact a statute or take any other action which, permanently or temporarily, does any of the following: (1) Transfers diverts or appropriates the revenues in a local transportation fund for any other purpose than those described in subdivision (d)• (2) Authorizes the expenditures of the revenue In a local transportation fund for any other purpose than those described in subdivision (d): (3) Borrows or loans the revenues in a local transportation fund. regardless of whether these revenues remain in the Retail Sales Tax Fund in the State Treasury or are transferred to another fund or account. ()f The percentage of the tax Imposed pursuant to section 7202 of the Revenue and Taxation Code allocated to local transportation funds shall not be reduced below the percentage that was transmitted to such funds during the 2008 calendar year. Revenues allocated to local transportation funds shall be transmitted in accordance with Section 7204 of the Revenue and Taxation Code and deposited into local transportation funds in accordance with Section 29530 of the Government Code, as those sections read on June 30, 2009. Section Seven. Article XIX B of the California Constitution is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenues from the Transportation Investment Fund, or its successor, and shall not use these revenues for purposes. or in ways. other than those specifically permitted by this article. SEC. 2. (a) For the 2003 -04 fiscal year and each fiscal year thereafter, all Meaeys revenues that are collected during the fiscal yearfrom taxes under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), or any successor to that law, upon the sale, storage, use, or other consumption in this State of motor vehicle fuel, alined for purpose of the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2 of the Revenue and Taxation Code), and &A are shall be # 2R- ;fersed t deposited into the Transportation Investment Fund or its successor, which is hereby created in 22 the State Treasury and which is hereby declared to be a trust fund. The Legislature may not change the status of the Transportation Investment Fund as a trust fund (b)(1) For the 2003 -04 to 2007 -08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, in accordance with Section 7104 of the Revenue and Taxation Code as that section read on March 6, 2002. (2) For the 2008 -09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. Moneys appropriated for public transit and mass transportation shall be allocated as follows: (1) Twenty -five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009: (ii) Twenty -five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30.2009: and fill) Fifty percent for the purposes of subdivisions (a) and (b) of Section 9931 of the Public Utilities C as tha section read on July 30.2009. (B) Transportation capital improvement projects, subject to the laws governing the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) For the 2008 -09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund are hereby continuously approoriated to the Controller without regard to fiscal years, which shall be allocated, , as follows: (A) Twenty percent of the moneys for the purposes set forth in subparagraph (A) of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C) Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purposes set forth in subparagraph (D) of paragraph (2) of subdivision (b). 13 (0) The lzegislatWe enac4s by statute, puFswant to a bill passed in eaeh heuse of the wh the suspeRs app subd (a) i s suspeAded. PaFagFaph (1) has Rot yet been eemp (4u The Legislature may not enact a statute that modifies the percentage shares set forth in subdivision (c) until all of the followin hay occurred: (1) The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the need for public transit, mass transportation, transportation capital imgEovement projects, and street and highway maintenance• (2) The California Transportation Commission has published a report describing the input received at the public hearings and how the modification to the statutory allocation is 24 consistent with the orderly achievement of local, regional and statewide aoals for public transit. mass transportation, transportation capital improvements, and street and highway maintenance in a manner that is consistent with local general plans, regional transportation plans, and the California Transportation Plan: (3) Ninety days have passed since the publication of the report by the California Transportation Commission. (4) The statute enacted by the Legislature pursuant to this subdivision must be by a bill passed in each house of the Legislature by roll call vote entered in the iournal, two- thirds of the membership concurring. provided that the bill does not contain any other unrelated provision and that the revenues described in subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). {Q (e)(1) An amount equivalent to the total amount of revenues that were not transferred from the General Fund of the State to the Transportation Investment Fund, as of July 1, 2007, because of a suspension of transfer of revenues pursuant to this section as it read on January 1, 2006, but excluding the amount to be paid to the Transportation Deferred Investment Fund pursuant to Section 63048.65 of the Government Code, shall be transferred from the General Fund to the Transportation Investment Fund no later than June 30, 2016. Until this total amount has been transferred, the amount of transfer payments to be made in each fiscal year shall not be less than one -tenth of the total amount required to be transferred by June 30, 2016. The transferred revenues shall be allocated solely for the purposes set forth in this section as If they had been received in the absence of a suspension of transfer of revenues. (2) The Legislature may provide by statute for the issuance of bonds by the state or local agencies, as applicable, that are secured by the minimum transfer payments required by paragraph (1). Proceeds from the sale of those bonds shall be allocated solely for the purposes set forth in this section as if they were revenues subject to allocation pursuant to paragraph (2) of subdivision (b). (f) This section constitutes the sole method of allocating, distributing, and using the revenues described in subdivision (a). The purposes described in paragraph 12) of subdivision (b) are the sole purposes for which the revenues described in subdivision (a) may be used. The Legislature may not enact a statute or take any other action which. permanently or temporarily, does any of the following: (1) Transfers, diverts, or appropriates the revenues described in subdivision (a) for any other purposes than those described in paragraph (2) of subdivision (b): is (2) Authorizes the expenditures of the revenues described in subdivision (a) for any other purposes than those described in Paragraph (2) of subdivision (b) or: (3) Borrows or loans the revenues described in subdivision (a), regardless of whether these revenues remain in the Transportation Investment Fund or are transferred to another fund or account such as the Public Transportation Account, a trust fund in the State Transportation Fund. (g) For purposes of this article, "mass transportation," "public transit" and "mass transit" have the same meanings as "public transportation." "Public transportation" means: (1)(A) Surface transportation service provided to the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143 or similar transportation provided to people with disabilities or the elderly: (B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regulariv available basis: (C) generally for which a fare is charged: and (D) provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1. 2009, a ioint Powers authority formed to provide mass transportation services, an agency described in subdivision (f) of Section 15975 of the Government Code. as that section read on January 1. 2009, any recipient of funds under Sections 99260.99260.7.99275,or subdivision (c) of Section 99400 of the Public Utilities Code as those sections read on January 1 2009 or a consolidated agency as defined in Section 132353.1 of the Public Utilities Code, as that section read on January 1, 2009. (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30. 2009. (h) If the Legislature reduces or repeals the taxes described in subdivision (a) and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Transportation Investment Fund dedicated to the purposes listed in paragraph (2) of subdivision (b), and allocated pursuant to subdivision (c). All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in subdivision (a). Section Eight. Article XIX C is hereby added to the Constitution to read as follows: 16 SECTION 1. If any challenge to invalidate an action that violates Articles XIX, XIX A, or XIX B of the California Constitution is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the Controller, without regard to fiscal years, that amount of revenue necessary to restore the fund or account from which the revenues were unlawfully taken or diverted to its financial status had the unlawful action not been taken. SEC. 2. If any challenge to invalidate an action that violates Section 24 or Section 25.5 of Article XIII of this Constitution is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the local government an amount of revenue equal to the amount of revenue unlawfully taken or diverted. SEC. 3. Interest calculated at the Pooled Money Investment Fund rate from the date or dates the revenues were unlawfully taken.or diverted shall accrue to the amounts required to be restored pursuant to this section. Within thirty days from the date a challenge is successful, the Controller shall make the transfer required by the continuous appropriation and issue a notice to the parties that the transfer has been completed. SEC. 4. If in any challenge brought pursuant to this section a restraining order or preliminary injunction is Issued, the plaintiffs or petitioners shall not be required to post a bond obligating the plaintiffs or petitioners to indemnify the government defendants or the State of California for any damage the restraining order or preliminary injunction may cause. Section Nine. Section 16 of Article XVI of the Constitution requires that a specified portion of the taxes levied upon the taxable property in a redevelopment project each year be allocated to the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from reallocating some or that entire specified portion of the taxes to the State, an agency of the State, or any other taxing jurisdiction, instead of to the redevelopment agency. The Legislature has been illegally circumventing Section 16 of Article XVI in recent years by requiring redevelopment agencies to transfer a portion of those taxes for purposes other than the financing of redevelopment projects. A purpose of the amendments made by this measure is to prohibit the Legislature from requiring, after the taxes have been allocated to a redevelopment agency, that the redevelopment agency transfer some or all of those taxes to the State, an agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the State, an agency of the State, or a jurisdiction. Section Ten. Continuous Appropriations. 17 The provisions of Sections 6, 7, and 8 of this Act that require a continuous appropriation to the Controller without regard to fiscal year are intended to be "appropriations made by law" within the meaning of Section 7 of Article XVI of the California Constitution. Section Eleven. liberal Construction. The provisions of this Act shall be liberally construed in order to effectuate its purposes. Section Twelve. Conflicting Statutes. Any statute passed by the Legislature between October 21, 2009 and the effective date of this measure, that would have been prohibited if this measure were in effect on the date it was enacted, is hereby repealed. Section Thirteen. Conflicting Ballot Measures. In the event that this measure and another measure or measures relating to the direction or redirection of revenues dedicated to funding services provided by local governments and /or transportation projects or services appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. Section Fourteen. Severability. It is the intent of the People that the provisions of this Act are severable and that if any provision of this Act or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application. 18 0 AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works/City Paul Nguyen, P.E., Capital Improvement Program Manager Emmanuel Ngwu, Civil Engineering Assistant SUBJECT: Contract Award Traffic Signals LED Retrofit Project Project No. 4011.67.882 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO REPUBLIC ITS, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $227,852 FOR THE TRAFFIC SIGNALS LIGHT EMITTING DIODES (LED) RETROFIT PROJECTS, PROJECT NUMBER 4011.67.882 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT'. Background: The Traffic Signals Light Emitting Diodes (LED) Retrofit Project is listed in the 2009 -10 Capital Improvement Program. It encompasses the upgrading of all existing traffic signal lights and pedestrian modules to LED at various intersections . The project is funded with loan proceeds from the California Energy Commission. This project was first advertised for bids on January 29, 2009. Subsequently, the contract was awarded to Metro Parking and Traffic Systems Inc., on March 3, 2009. The contract award was then withdrawn by the City Council because the Contractor would not perform unless a material substitution (without following the stipulated material substitution procedure) was approved. The contract was later awarded to Christopher R. Morales Inc., who was the second apparent lowest bidder, and was later rescinded by the City Council because of the same materia� substitution issue. The project was then approved by the City Council on IZ September 1, 2009 for rebidding. The project then was advertised in various publications as required by law. Fourteen Contractors received Project Specifications and Contract Documents. Five bids were received in the office of the City Clerk on Thursday, October 22, 2009 at 11:00 A.M. (Pacific Time). They are listed below: BID RANK CONTRACTOR SCHEDULE "A' � U . TOTAL 1 REPUBLIC ITS, INC. $ 207,647.00 i $ 20,205.00 $ 227,852.00 2 O- RISTOPHER R MORALES, INC. $ 227,M5.00! $ 22,060.00 $ 249,565.00 3 STEI WAND COMPANY, INC. $ 257,788.00 21,750.00 $ 279,538.00 4 TERNO, INC. $ 261,365.00 ; $ 19,492.00 $ 280,857.00 5 C.T. & F, INC. $ 289,084.41 I $ 18,894.90 $ 307,979.31 Discussion & Analysis: Republic ITS, Inc. was the apparent lowest responsible bidder at $227,852 for both the Bid (Schedule A) and the Additive Bid (Schedule B). The Schedule "A" Bid includes the purchase and installation of various LED traffic lights while the Schedule "B" Bid includes the purchase of various LED traffic lights that are to be used for future maintenance purposes. The contractor submitted a request for substitution of the specified equipment, Dialight; with an alternate brand of equipment Excellence Opto, Inc. within the guidelines spelled out in the contract documents. As such, the contractor was asked to demonstrate the quality and usefulness of the proposed substitute equipment. Public Works staff reviewed all the pertinent facts and concurred with the contactor's request. The above chart shows the corrected amount of all bids that where submitted. A reference check of previous performance was conducted and reveals that Republic ITS, Inc. has the necessary experience for this type of project. Fiscal Impact: There are sufficient funds in Account 4011.67.882.62015 to pay for the cost of this project. Coordinated With: City Attorney's Office Finance Department City Clerk's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $227,852 FOR THE PURCHASE AND INSTALLATION OF LIGHT EMITTING DIODES (LED) RETROFIT PROJECTS, PROJECT NUMBER 4011.67.882 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City Council, on December 16, 2008, adopted Resolution No. 2008.190 approving the plans, specifications and contract documents for the Traffic Signals Light Emitting Diodes (LED) Retrofit Project and authorizing staff to advertise the project; and WHEREAS, five bids were received in the office of the City Clerk on October 22, 2009; and WHEREAS, the Director of Public Works has ascertained that Republic Intelligent Transportation, Inc., was the apparent lowest responsible bidder at $227,852; and WHEREAS, a reference check has revealed that this contractor has the necessary experience and contractor's license for this type of project; and WHEREAS, the cost of this project will be paid with loan proceeds for the California Energy Commission. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the contract for the Traffic Signals Light Emitting Diodes (LED) Retrofit Project, Project No. 4011.67.882 be awarded to the apparent lowest bidder Republic Intelligent Transportation Services, Inc., in the amount of $227,852. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Republic Intelligent Transportation services , Inc., The agreement shall be in a form approved by the City Attorney. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. 3 PASSED, APPROVED and ADOPTED this 15th day of December, 2009. ATTEST: Maria Quinbnez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Maria T. Santillan Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer 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 20, 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 ORE City Clerk, City of Lynwood 5 c AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Jose Molina, Utility Services Manager SUBJECT: Construction Contract Award Destruction of Water Wells Nos. 1, 3, 4, 6, 7, 15A and 20 Project Nos. 4011.67.878, 890 and 943 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PALM SPRINGS PUMP, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $275,500 FOR THE DESTRUCTION OF SEVEN EXISTING WATER WELLS (NUMBERS 1, 3, 4, 6, 7 15A AND 20) PROJECT NUMBERS 4011.67.878, 890 AND 943 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". Background: The City has thirteen water wells of which five wells are actively producing about eighty five percent of the City's needed water supply. Of the thirteen water wells seven are inactive and are no longer usable. These inactive wells have generally been out of service for many years and cannot be reactivated. These unused wells pose potential hazards to the groundwater basin from which the five operating City wells extract potable water. In the 2009 -10 Budget it was originally intended to destroy five water wells. In soliciting proposals from consultants to prepare the bidding documents the City reduced the number of wells to be destroyed to two with three wells to be rehabilitated. Subsequently, staff reviewed the existing condition and usefulness of the present out of service wells and decided to request bids from contractors to destroy all of the seven unused wells. Bids were solicited for destruction of seven wells, wells Numbers 1, 3, 4, 6, 7, 15A and 20. The project was advertised in various publications as required by law. r ITEM i A mandatory pre bid walk through was held at which eight prospective bidders were present. Four bids were received as follows by the City Clerk on December 3, 2009. 1. Palm Springs Pump Inc. $275,500 2. SoCal Pump and Well Co. $484,275 3. MMc, Inc., $487,000 4. Southwest Pump & Drilling Inc. $773,850 Discussion & Analysis: Palm Springs Pump Inc. was the apparent lowest responsible bidder at $275,500.00 A reference check of previous performance was conducted and reveals that Palm Springs Pump, Inc., has the necessary experience for this type of work. Fiscal Impact: The total cost of the project construction is as follows: Construction Contract $275,500 Construction Contigencies 15% $41,325 Construction Administration & Inspection 10% $27,600 TOTAL $344,425 The project is adequately funded with 1999 water Bond, 2008 water Bond and the Water Fund. Coordinated With: City Attorney's Office Finance Department City Clerk's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PALM SPRINGS PUMP, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $275,500 FOR THE DESTRUCTION OF SEVEN EXISTING WATER WELLS (NUMBERS 1, 3, 4, 6, 7, 15A, AND 20) PROJECT NUMBERS 4011.67.878, 890, AND 940 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City Council, on November 3, 2009, adopted Resolution No. 2009.208 approving the plans, specifications and contract documents for Destruction of Seven Existing Water Wells (Numbers 1, 3, 4, 6, 7, 15A, and 20) and authorizing Staff to seek bids on the project; and WHEREAS, four bids were received in the Office of the City Clerk on December 3, 2009; and WHEREAS, the Director of Public Works has ascertained that Palm Springs Pump, Inc., was the apparent lowest responsible bidder at $275,500; and WHEREAS, a reference check has revealed that this Contractor has the necessary experience and Contractor's License for this type of project; and WHEREAS, the cost of this project will be paid from the 1999 Water Bond, 2008 Water Bond and Water Fund. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the contract for the Destruction of Seven Existing Water Wells (Numbers 1, 3, 4, 6, 7, 15A and 20) Project Numbers 4011.67.878, 890 and 943, be awarded to the apparent lowest responsible bidder, Palm Springs Pump, Inc., in the amount of $275,500. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Palm Springs Pump Inc., The agreement shall be in a form approved by the City Attorney. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. 3 PASSED, APPROVED and ADOPTED this 15th day of December, 2009. ATTEST: Maria Quin6nez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Maria T. Santillan Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel 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 1 20, 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 1 20 City Clerk, City of Lynwood E TO: Honorable Mayor and Members of� the 7 City Council APPROVED. BY: Roger L. Haley, City Mana� PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works / Engineer Jose Molina, Utility Services Manager SUBJECT: Adoption of Plans, Contract Documents and Working Details For the Water Well No. 22 Construction Project. Project No. 4011.67.894 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 BIDDING DOCUMENTS FOR THE DRILLING OF WATER WELL NUMBER 22 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SEEK BIDS THEREFOR ". Background: The City Water System which serves approximately 90% of the City has five (5) operating wells. The five wells can provide about 85% of the water supply needs of the City. The 2009 -2010 Capital Improvement Budget for the Water Fund provides funding for the drilling of Well Number 22. An outside consultant hired by the City for this project has studied potential sites in the City for the construction of this new water well. As such, a site has been selected at the southwest corner of the Lynwood City Park opposite the intersection of Birch Street and Spruce Street. The Parks and Recreation Commission, the Recreation and Community Services Department and the Planning Department have reviewed and approved the proposed well site (see attached site plan). Discussion & Analysis: The Engineer's construction cost estimate is $816,086.00. With the abandonment destruction of seven water wells, this new water well is needed so as to meet the N supply demands of the City, including reducing the use of expensive imported H ITEM purchased from the Metropolitan Water District of Southern California /Central Basin Municipal Water District (MWD /CBMWD). Fiscal Impact: The total construction cost for this site has been estimated as shown below: Construction Contract $816,086.00 Construction Contingencies $81,608.00 Construction Administration & Inspection $122,414.00 Total Cost $1,020,108.00 The project is adequately. funded with approximately $2,600,000 from the 2008 Bond and Water Fund. Coordinated With: City Attorney's Office City Manager's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE BIDDING DOCUMENTS FOR THE DRILLING OF WATER WELL NUMBER 22 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SEEK BIDS THEREFOR WHEREAS, the plans, contract documents and working details for the Water Well No. 22 Construction Project, Project No. 4011.67.894 are complete and ready for the City Council of the City of Lynwood's review, consideration and adoption; and WHEREAS, the estimated construction cost for this phase of the project is $1,020,108; and WHEREAS, funds are available in FY 2009 -10 project account budget; 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 project is ready to be advertised for the solicitation of bids. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Project No. 4011.67.894 is in conformance with the California Environmental Quality Act (CEQA) and is categorically exempt. Section 2 . That the City Council of the City of Lynwood hereby adopts the Plans, Contract Documents and Working Details for the Water Well No. 22 Construction Project, Project No. 4011.67.894. Section 3 . That the City Council of the City of Lynwood authorizes the solicitation of bids for said project. Section 4 . This resolution shall go into effect immediately upon its adoption. Section 5 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan Mayor 3 ATTEST: Maria Quinbnez 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 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 20_, 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 , 20 City Clerk, City of Lynwood F 0 A S TAFF REPOR DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag eL PREPARED BY: 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 For Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street and Le Sage Street Improvement Project 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 STOCKWELL DRIVE, BENWELL DRIVE, CARSON DRIVE, LILITA STREET AND LE SAGE STREET IMPROVEMENT PROJECT; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS ". Background: The Stockwell Drive (from Imperial Highway to Martin Luther King, Jr. Boulevard), Benwell Drive (from Imperial Highway to Martin Luther King, Jr. Boulevard), Carson Drive (from Imperial Highway to Martin Luther King, Jr. Boulevard), Lilita Street (from Stockwell Drive to Bullis Road) and Le Sage Street (from Stockwell Drive to Bullis Road) Improvement Project plans and specifications have been completed since 2007. However, this street reconstruction project was not programmed for construction because of the lack of available funding. Staff has now identified available AB2928 and Prop 1B Bond funds that can be appropriated for this project. This project primarily consists of asphalt concrete pavement grind and overlay. Concrete work consists of reconstruction of damaged concrete curbs and gutters, driveway approaches and curb ramps. Additional work consists of adjusting utility valve covers and manholes to finished grade, traffic loop detector installation, and pavement striping. The plans, contract documents, and working details of this project have been comp AGENDA and ready for adoption by the City Council. ITEM �5 Discussion & 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 this project is $881,602. Fiscal Impact: The cost estimate for this project is as follows: • Construction cost: $ 705,282 • Construction contingencies 15 %: $ 105,792 • Construction administration and inspection 10 %: $ 70,528 $ 881,602 The project budget is currently unfunded; however, staff has identified $690,000 of un- appropriated AB2928 and $ 192,000 of un- appropriated Prop 16 Bond funds that can be used for this project. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE STOCKWELL DRIVE, BENWELL DRIVE, CARSON DRIVE, LILITA STREET AND LE SAGE STREET IMPROVEMENT PROJECT; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS WHEREAS, the plans, contract documents and working details for the Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street And Le Sage Improvement Project have been complete and ready for the City Council of the City of Lynwood's review, consideration and adoption; and WHEREAS, said project is currently not programmed for the FY 2009 -10 because of the lack of funding; and WHEREAS, the estimated construction cost of said project is $881,602; and WHEREAS, staff identified available un- appropriated AB 2928 and Prop 1 B Bond funds that can be used 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 project is ready to be advertised for the solicitation of bids. 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 Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street and Le Sage Improvement Project is in conformance with the California Environmental Quality Act (CEQA) and is categorically exempt. Section 2 . That the City Council of the City of Lynwood hereby adopts the Plans, Contract Documents and Working Details for the Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street And Le Sage Improvement Project and approves its implementation in FY 2009 -10. 3 Section 3 . That the City Council of the City of Lynwood authorizes the solicitation of bids for said project. Section 4 . That the City Manager or designee is authorized to make the following funds appropriation and transfer: FROM Un- appropriated AB 2928 Funds $690,000; and Un- appropriated Prop 1B Bond Funds $192,000 TO Stockwell Drive, Benwell Drive, Carson Drive, Lilita Street And Le Sage Improvement Project 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 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Ouftnez City Clerk Roger L. Haley 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 20_, 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 , 20_ City Clerk, City of Lynwood 5 0 AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City ManagC .�/ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Wor s� Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Adoption of Plans, Contract Documents and Working Details Street Improvement Project Phase I of Long Beach Boulevard Project No. 4011.67.993 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 PHASE I OF THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.993; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS ". Background: The Long Beach Boulevard Improvement Project was first programmed by the City Council in FY 2006 -07. The main project objective is to improve Long Beach Boulevard from Tweedy Boulevard to Orchard Avenue within the existing rights -of -way to meet the requirements of the Long Beach Boulevard Specific Plan which was adopted by the City Council in 2006. This project is currently funded with $2,400,000 of TEA Grant funds provided by Congresswoman Linda Sanchez. Because of the requirements imposed by the federal funding, the overall project estmated cost of $4.7 million and the school traffic safety priority at the Helen Keller School, the project construction has been phased as follows: 1. Phase I: from Orchard Avenue to Magnolia Avenue 2. Phase II: from Magnolia Avenue to Imperial Highway 3. Phase III: from Imperial Highway to Martin Luther King, Jr. Boulevard 4. Phase IV: from Marti Luther King, Jr. Boulevard to Tweedy Boulevard AGENDA ITEM 1� The plans, contract documents, and working details of Phase I have been completed and are ready for adoption by the City Council. The scope of work of this portion of the project primarily consists of asphalt concrete pavement grind and overlay; reconstruction of damaged concrete curbs and gutters, driveway approaches, curb ramps and installation of street striping and pavement markers. This phase also includes the construction of a new traffic signal at Carlin Avenue which replaces the existing signal at Burton Avenue and the modification of the existing median islands including a decorative safety barrier fence within the project limits. These improvements are aimed at improving the pedestrian and vehicular traffic safety in the vicinity of Helen Keller Elementary School located on the east side of Long Beach Boulevard at Carlin Avenue. Discussion & 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 this phase of the project is $1,139,450. Fiscal Impact: The cost estimate for Phase I of this project is as follows: • Construction cost: $ 911,560 • Construction contingencies 15 %: $ 136,134 • Construction administration and inspection 10 %: 91,156 $1,139,450 As stated above, the entire project is currently funded with $2.4 million of TEA funds. These funds will be used for the construction of Phase III and Phase IV where the improvement required by the federal grant is located. Therefore, the funding appropriation for Phase I is necessary. Staff has identified available un- appropriated Prop C funds that can be used for this phase. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR PHASE I OF THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.993; AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS WHEREAS, the plans, contract documents and working details for the Phase I of the Long Beach Boulevard Improvement Project, Project No. 4011.67.993 (from Orchard Avenue to Magnolia Avenue) are complete and ready for the City Council of the City of Lynwood's review, consideration and adoption; and WHEREAS, the estimated construction cost for this phase of the project is $1,139,450; and WHEREAS, staff has identified available Prop C funds that can be used 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 project is ready to be advertised for the solicitation of bids. NOW, THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That Phase I of the Long Beach Boulevard Improvement Project, Project No. 4011.67.993 is in conformance with the California Environmental Quality Act (CEQA) and is categorically exempt. Section 2 . That the City Council of the City of Lynwood hereby adopts the Plans, Contract Documents and Working Details for Phase I of the Long Beach Boulevard Improvement Project, Project No. 4011.67.993. Section 3 . That the City Council of the City of Lynwood authorizes the solicitation of bids for said project. Section 4 . That the City Manager or designee is authorized to make the following funds appropriation and transfer: 3 FROM Un- appropriated Prop C $1,140,000 TO Long Beach Boulevard Improvement Project, Phase I Project No. 4011.67.993 $1,140,000 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 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer F1 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 20_, 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 20 City Clerk, City of Lynwood 5 0 AGENDA STAFF REPORT DATE: December 15, 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 / it�er Jose Molina, Utility Services Manager SUBJECT: Execution of Water Lease Agreement Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE WATER LEASE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE CITY OF BELL GARDENS ". Background: On September 15, 2009, the City Council authorized staff to submit a proposal to lease, from the City of Bell Gardens, 300 acre -feet of water pumping rights. On October 7, 2009, staff submitted the City's bid proposal. The City of Lynwood's proposal was accepted by the City of Bell Gardens and subsequently the City's proposal and Water Lease Agreement were approved by the City of Bell Gardens' City Council on November 23, 2009. Discussion & Analysis: The City Water system has 5 operating water wells that supply 5,365 acre feet of water which represents 85% of the water supply used in the City Water system. To provide the remaining 15% of water supply, the City purchased in Fiscal Year 2008 -2009, 979 acre -feet of imported water from Central Basin Municipal Water District (CBMWD) retailer for the Metropolitan Water District of Southern California (MWD) which imports water into Southern California. The amount of water pumped in 2008 -2009 by the City was limited by the adjudicated pumping rights that the City owns in the Central Groundwater Basin. rrEM /7 MWD as of September 1, 2009 raised its price of water by 22% and has announced that it will raise its rates again by 20% effective January 1, 2011. Also, the CBMWD raised its rates on July 1, 2009 by 41 %. CBMWD at a meeting of its Board of Directors approved an additional raise scheduled for year 2013 for funding of a $25 million bond issue to finance construction of a pipeline to supply recycled water from the Pico Rivera area to the East Los Angeles area. CBMWD is expected to also increase its basic rates on July 1, 2010. To minimize the use of purchased water supplies from CBMWD and MWD, the City can lease pumping rights in the Central Groundwater Basin from other pumpers who do not use their full pumping rights. The City submitted a bid in the amount of $135.00 per acre -feet to the City of Bell Gardens, which leases out unused rights to other pumpers, for the lease of 300 acre feet of water rights for Fiscal Year 2009 -2010. The rights also have carry over (flex) rights in Fiscal Year 2010 -2011 of 20% (60 acre feet) of the 300 acre feet should Lynwood not pump the entire 300 acre feet by June 30, 2010. By July 2010, new Water Well No.22 is expected to be in service so that the City can pump additional water supplies via a lease of other pumpers' rights further reducing the City's dependency on imported water supplies. Fiscal Impact: By using the 300 acre feet of pumping rights, the City of Lynwood is anticipated to reduce its cost of purchasing imported water supplies by $134,400 for Fiscal Year 2009- 2010. The lease amount of $40,500 will be paid from the Water Fund. Total Cost The total cost of the lease is $40,500. Coordinated With: City Attorney's Office City Manager's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE WATER LEASE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE CITY OF BELL GARDENS WHEREAS, the City to minimize its need to purchase imported water from the Central Basin Municipal Water District and the Metropolitan Water District submitted a proposal to lease 300 acre feet of Groundwater Basin pumping rights from the City of Bell Gardens for Fiscal Year 2009 -2010 with flex rights; and WHEREAS, the use by other pumpers of leased pumping rights in the Central Groundwater Basin is permitted by the Central Basin adjudication; and WHEREAS, the lease /transfer of water pumping rights is categorically exempt according to CEQA guidelines. 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 authorizes the Mayor to sign the Water Right License and Agreement. Section 2 . This resolution shall go into effect immediately upon its adoption. Section 3 The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Quin6nez Roger L. Haley City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante G. Daniel Ojeda, P.E. City Attorney Director of Public Works / City Engineer 3 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 20, 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 , 20 City Clerk, City of Lynwood 4 WATER RIGHT LICENSE AND AGREEMENT (Central Basin) The City of Bell Gardens hereby grants to City of Lynwood a license to extract 300 acre -feet of licensor's Allowed Pumping Allocation allocated to licensor (or predecessors in interest) under and pursuant to Judgment dated October 11, 1965 and entered in Los Angeles Superior Court Case No: 786,656 entitled "Central and West Basin Water Replenishment District vs. Charles E. Adams, et al." during the period commencing July 1. 2009 and continuing to and including June 30, 2010 including flex rights. Said license is granted, subject to the following conditions: 1. Licensee shall exercise said right and extract the same on behalf of the City of Bell Gardens during the period above specified and put the same beneficial use. Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of licensor. 2. Licensee shall pay assessments levied on the pumping of said ground waters to the Water Replenishment District of Southern California. 3. Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this license and provide the Watermaster with a copy of the document. 4. Licensee shall note, in any recording of water production for the period of agreement that said pumping was done pursuant to this license. 5. Licensee's Allowed Pumping Allocation shall be increased by the amount hereby leased with computing carryover and allowable over - extraction as provided by Part III, Subpart A and B in said Judgment. The City of Bell Gardens warrant that it has 300 acre -feet of Allowed Pumping Allocation and that is has not pumped and will not pump or permit or license any other person to pump any part of said 300 acre -feet during the period of July 1, 2009 to June 30, 2010 including flex rights. Dated: LICENSOR: City of Bell Gardens APPROVED AS TO FORM _3'i Mayor, Priscilla Flores City Attorney, Arnold M. Alvarez - Glasman LICENSEE: City of Lynwood 1W 2 WATER RIGHTS LEASE AGREEMENT This Agreement made and entered into this 23 of November, 2009 by and between the City of Bell Gardens and City of Lynwood Whereas, the City of Bell Gardens will lease three hundred (300) acre feet of water rights to City of Lynwood for a fee of one hundred thirty five ($135.00) dollars per acre foot, pursuant to the certain water right license and agreement of even date herewith. This lease of water rights for fiscal year 2009/2010 is in effect from the date of the agreement until June 30, 2010 including flex rights. The total lease amount is fourty thousand five hundred ($40,500.00) dollars City of Bell Gardens Mayor, Priscilla Flores APPROVED AS TO FORM City Attorney, Arnold M. Alvarez - Glasman City of Lynwood AGENDA STAFF REPORT l ul l Date: December 15, 2009 To: Honorable Mayor and City Council Approved By: Roger L. Haley, City Manag <�W Robert S. Torrez, ACM — Admin & Comm Svcs Prepared By: Alfredo J. Lopez III, Director of Human Resources 2e Diane Strickfaden, Senior Human Resources Analyst 4 Subject: Resolution Authorizing the Release of a Request for Proposals (RFP) for Administrative Fact Finding Investigation Services Recommendation: Staff recommends that the City Council of the City of Lynwood adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR ADMINISTRATIVE FACT FINDING INVESTIGATION SERVICES." Background: The Human Resources Department currently conducts administrative fact finding investigations utilizing current staff and external service providers. Such investigations are conducted when allegations of workplace misconduct are reported and due to our duty to investigate. When the investigation scope is manageable within budgeted HR Department staffing levels, the investigations are completed internally. However, when investigations demand a larger scope of work, complexity or the potential exposure for increased liability, external service providers are retained. Staff utilizes the findings and conclusions of these investigations to take appropriate corrective action, and maintain a highly productive workforce. Therefore, staff seeks qualified and cost - effective service providers to meet the City's administrative investigation needs. ITEM 19' An RFP will be posted in the local newspaper and the City's website. The RFP will also be sent to prior service providers, and firms advertising services in Western City Magazine and the League of California cities. Discussion & Analysis: The City has previously used the services of various fact finding and investigative firms. At times, multiple investigations are being conducted simultaneously. In order to ensure that the City maintains a competitive bidding process, staff proposes moving forward with the issuance of an RFP to secure a list of qualified and available individuals or firms that are qualified and can provide cost - effective administrative fact finding investigations. Should the Council approve staff's recommendation, the RFP process will begin following Council's action through Thursday, January 21, 2010. Fiscal Impact: There is no significant fiscal impact from releasing the RFP. In addition, any resulting expenditures for administrative investigations is currently budgeted and staff anticipates cost - savings from a competitive list of service providers. Coordinated With: Administrative Services City Attorney's Office 2 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR ADMINISTRATIVE FACT FINDING INVESTIGATION SERVICES WHEREAS, the City currently uses various firms to conduct administrative fact finding investigations on an as- needed basis; and WHEREAS, the City desires to contract with a group of competitive and qualified firms to conduct such investigations when necessary; and WHEREAS, the City desires to maintain a competitive bidding process through the release of a Request for Proposals (RFP) for such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council of the City of Lynwood approves and authorizes the release of a Request for Proposals (RFP) for administrative fact finding services. adoption. Section 2. This Resolution shall take effect immediately upon its PASSED, APPROVED and ADOPTED this 15th day of December, 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: Alfredo J. Lopez III Director of Human Resources 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, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR ADMINISTRATIVE FACT FINDING INVESTIGATION SERVICES ", 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: Maria Quinonez City Clerk 5 REQUEST FOR PROPOSAL (RFP) %F lirY O z, a� o �4� Notice of Request for Proposals by the City of Lynwood for Administrative Investigation Fact Finding Services Proposals Due By Thursday, January 21, 2010 City of Lynwood Human Resources Department 11330 Bullis Road Lynwood, CA 90262 CITY OF LYNWOOD REQUEST FOR PROPOSAL FOR ADMINISTRATIVE FACT FINDING INVESTIGATIONS The City of Lynwood is requesting proposals from qualified firms, attorneys or fact finding investigators to provide administrative investigation fact finding services. All proposals must be received by City Clerk's Office, 11330 Bullis Road, Lynwood, California, 90262, by Thursday, January 21, 2010, 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 City Clerk's Office in a sealed envelope plainly. marked with the proposal title, bidder name, and time & 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 collects an estimated $29 million in General Fund revenue every year. Property tax, Utility Users' Tax, and Sales Tax are the City's major revenues in the General Fund. Property tax represents 29% ($8.2 of $29 million) of the General Fund revenue. Sales Tax represents 11 % ($3.2 of $29 million) of the General Fund revenue. PURPOSE The City of Lynwood is accepting proposals for the provision completing administrative fact finding investigations. The Human Resources Department currently conducts administrative fact finding investigations utilizing current staff and external service providers. Such investigations are conducted when allegations of workplace misconduct are reported and due to our duty to investigate. 2 When the investigation scope is manageable within budgeted HR Department staffing levels, the investigations are completed internally. However, when investigations demand a larger scope of work, complexity or the potential exposure for increased liability, external service providers are retained. Staff utilizes the findings and conclusions of these investigations to take appropriate corrective action, and maintain a highly productive workforce. Therefore, staff seeks qualified and cost - effective service providers to meet the City's administrative investigation needs. GENERAL SCOPE OF SERVICE REQUIRED The general scope is to provide a full range of administrative investigation fact finding services as necessary on an as- needed basis. The scope of services shall include, but not be limited to, the following: 1. Conducting workplace investigations following the written and /or oral instructions from the Director of Human Resources and /or his /her designee. Produce in a timely fashion the investigative work product specified by those instructions that will assist the Human Resources Director to make an informed, fact -based decision regarding the workplace issues under investigation. 2. Conduct and appropriately document face -to -face and /or telephone interviews sufficient to obtain all available information relevant to the workplace issues under investigation 3. Document such interviews in the manner required per the written or oral instructions given by the Human Resources Director or his/her designee, and in accordance with law. Documentation of interviews may be in the form of investigator notes without affirmation by witnesses, investigator - drafted summaries of interviews reviewed and affirmed by witnesses, or court- reporter transcripts of interviews. Unless specifically provided by the City under the terms of the investigative services contract, contractor shall be required to provide whatever devices or services may be necessary to accomplish such documentation. 4. Identify, and obtain any written, audio, visual or other such documents, exhibits, or materials relevant to the workplace issues under investigation. 5. Provide ongoing and /or regular written and /or oral reports regarding the investigation status and results in the manner specified by the Human Resources Director or his /her designee. 6. Complete investigations within the timeframe and budget as specified by the Human Resources Director or his/her designee. 3 7. Produce deliverables as required at the conclusion of the investigation including a complete report, including table of contents and appendices as necessary, witness statements or transcripts, documents and materials obtained during the investigation ordered as exhibits, and an executive summary of the investigation and relevant findings. The City may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated as agreed upon in the consultant's contract with the City. PROPOSAL SUBMISSION REQUIREMENTS Proposals should include a brief history and introduction of the individual or firm, and understanding of the services to be performed. The content and sequence of the information contained in each copy of the proposal shall be as follows: a. Letter of Transmittal: Include your understanding and proven work history of the work to be performed. In addition, state why you believe your firm is the best qualified to perform the services requested. b. Table of Contents: Include a clear identification of the material by section and by page number. C. Summary Sheet: Resumes summarizing the qualifications and experience of the individual(s) who will be providing investigative and fact finding services. Also provide the name, title, experience and qualifications of each individual consistently supporting services in various specialty areas. This process is important as the city desires to identify the "team" regularly providing investigative and fact - finding services. d. Conceptual Plan: Provide a conceptual plan for services to the City that you believe are appropriate for the City. Indicate features, skills and /or services which distinguish your firm and make it the better choice for the City. e. Scope of Services: Proposals must address all items set forth in Section 3, Scope of Services. Include additional information which,,in your opinion, should be included and clearly identified. The items must be addressed in the order in which they appear in the Scope of Services Section. f Cost: Proposed hourly rate in dollars must be identified and shall be submitted with the proposal. Submit proposed compensation structure or expenditure strategy that would help the City to stay within its adopted budget. 4 g. Client List: All proposals should contain a client list, including the names of references from other public sector jurisdictions for which comparable services have been rendered. Indicate names of organizations, and names and telephone numbers of persons who can be contacted with regard to the services you have provided. h. Conflicts of Interest: List any conflicts of interest with regard to any other work performed by the individual /firm. This list is to be as inclusive and broad as possible. The City desires to be made aware of any clients the individual /firm represents that perform work within the boundaries of the City of Lynwood, and any clients that may potentially present conflicts even though one may not currently exist at the time of submission. i. Certification of Proposal: Return a copy of the entire completed certification properly executed as provided for in Appendix A (attached). PROPOSED FILING DEADLINE All proposals must be received by City Clerk's Office, 11330 Bullis Road, Lynwood, California, 90262, by Thursday, January 21, 2010, no later than 5:00 p.m. PROPOSAL REVIEW AND AWARD SCHEDULE 1. RFP Sent Out: December 17, 2009 2. RFP Published (Newspaper) on December 18, 2009 3. Proposals Due: On or before January 21, 2010 at 5:00 p.m. 4. Proposals Evaluated by Staff: Week of January 25, 2010 5. Company Interviews with Staff: Week of February 1, 2010 6. City Manager's Recommendation to Council: February 16, 2010 Proposals should be signed by an authorized individual to bind the firm, and must be valid for at least 120 days. Please submit one original and six (6) copies to the City Clerk's Office in a sealed envelope. I 5 CORRESPONDENCE REGARDING THE RFP Questions concerning this RFP should be in writing (email preferred) and directed to: City of Lynwood Human Resources 11330 Bullis Road Lynwood, CA 90262 (310) 603 -0220 ext. 221 alopez@lynwo6d.ca.us The City reserves the right to reject any or all proposals. The City will not be liable for, nor pay any cost incurred by responding firms relating to the preparation of proposals or the making of presentations. An explicit provision of the RFP is that any oral communication is not binding on the City's proposal process or award of the contract. PROPOSAL EVALUATION The proposals will be evaluated using the following criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and cost. The following represents the principal selection criteria which will be considered during the evaluation process: 1. Mandatory Elements: a. The individual /firm is independent and properly qualified to perform workplace investigations in the State of California. b. The individual /firm has no conflict of interest with regard to any other work performed by the firm for the City, and all potential conflicts have been identified. Respondents must disclose any current or past working or contractual relationships with the City of Lynwood and elected officials. C. The firm adheres to the instructions in this RFP on preparing and submitting the proposal. 2. Firm Qualifications: a. Ability to Demonstrate the Following: Application and knowledge of federal, state and local employment, equal protection, and civil rights laws related to employment practices. on Interpreting legal and legislative decisions related to employment, equal protection and civil rights laws related to employment practices, conflicts of interest and ethics laws. Experience conducting investigations with diverse and protected class individuals. Experience conducting investigations in a wide range or organizational environments including office and field locations. Communicating and effectively maintaining positive relations with management and employees at all levels of the organization. Writing clear, concise and compelling investigative findings and reports Presenting thorough and concise confidential oral and written reports Delivering responsive customer service b. Record of Performance - Provide three investigation examples. Identify the organization requesting the work, the organization business or industry, organization size, and other relevant information. Contact person familiar with the investigation Scope of work, role and primary responsibilities performed, investigation costs, investigation approach and methodology The dates the work was performed and the duration of the investigation including a schedule If the investigation involved employees represented by a bargaining unit, describe the methodology used and interaction with the union Capacity to perform within a schedule. Provide a summary of current work commitments and describe the ability to provide staff for as- needed services. C. The individual /firm's past experience and performance on comparable government engagements d. The quality of the individual /firm's professional skills and credentials of the staff to perform the investigation and the quality of the firm's management support personnel to be available for technical consultation. e. References - Submittal of three or more letters of reference which include details of projects which will be reviewed and evaluated. Reference letters must address such factors as control of costs, quality of work, results of work, cooperation, responsiveness and other relevant considerations. f Quality of proposal in response to the RFP g. Understanding of Scope of Services h. Firm's statement on why it believes itself to be best qualified 3. Cost of Service: Provide cost details, including the hourly rates of each of the individuals who will perform the services and the time estimates for each individual, all expenses, and where appropriate, total cost of "not to exceed" amount. PRESENTATIONS During the evaluation process, the City,may, at its discretion, select firms for final consideration and they will be requested to attend a review meeting at City Hall at no cost to the City. Such review meeting will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. Not all firms may be asked to make such a presentation. GENERAL REQUIREMENTS License to Practice in California: An affirmative statement should be included in the proposal indicating that all assigned professional staff are properly licensed to provide such investigative services in the State of California. 2. Personnel: Firm specialists identified in response to the proposal can only be changed with the express prior written permission of the City, which retains the right to approve or reject replacements. 3. Insurance and Indemnification: If awarded a contract, the respondent will be required to furnish the City evidence of insurance coverage as follows: • Coverage shall be as broad as ISO Commercial General Liability coverage (occurrence Form CG) • ISO Form CA 00 01 covering automobile liability, Code 1 (any auto) • Workers' compensation insurance as required by the State of California and Employer's Liability Insurance • Errors and Omissions specific for this type of service • Deductibles and self - insured retentions must be declared and approved by the city • The city, its officers, official's employees and volunteers are to be covered as insured's as respects: liability arising out of the work or operations performed by or on behalf of the consultant; or automobiles owned, leased hired or borrowed by the consultant. The city wil be listed as additionally insured on a separate endorsement • For any claims related to this project, the consultant's insurance is primary; the consultant's insurance is excess to the city's • Each insurance policy required by this clause must be endorsed for the State of California • The policy cannot be cancelled by the consultant except after 30 days' prior written notice, certified mail, return receipt • Insurer's must be AM Best's rated A: VII or better • Consultant must furnish the city original certificates of insurance 30 days prior to commencement of the contract • The workers' compensation policy must be endorsed to contain a waiver of subrogation in favor of the city for all work performed by the contractor, its agents, employees independent contractors and sub contractors. • Policy limits of $1 million are acceptable • Indemnity (hold harmless agreement) with language as follows: Contractor shall indemnify, defend, and hold harmless entity and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the entity. 4. Right to Request Additional Information: During the evaluation process, the City Council and City Manager reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Right to Reject Proposals: The City reserves the right without prejudice to reject any or all proposals. 6. Proposal Interpretations and Addendum: Any change to or interpretation of the RFP by the City will be sent to each firm or individual to whom an RFP has been sent and any such changes or interpretations shall become a part of the RFP for incorporation into any agreement awarded pursuant to the RFP. 7. Public Record: All proposals submitted in response to this RFP may become the property of the City of Lynwood upon submittal and a matter of public record pursuant to applicable law. 8. Additional Services: The general service requirements outlined above describe the minimum work to be accomplished. Upon final selection of the firm, the scope of services may be modified and refined during negotiations with the City. 9. Undue Influence: The proposer declares and warrants that no undue influence or pressure is or has been used against or in concert with any officer or employee of the City of Lynwood in connection with the award or terms of the Agreement that will be executed as a result of award of this RFP, including any method of coercion, confidential financial arrangement, or financial inducement, No officer, employee or agent from the City of Lynwood or from the individual /firm, will receive compensation, directly or indirectly, in connection with the award of the Agreement or any work to be conducted as a result of the Agreement. 10 APPENDIX A CERTIFICATION OF PROPOSAL TO THE CITY OF LYNWOOD 1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with this Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP. 2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them. 3 It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informal or irregularity in any proposal received by the City. 4. The proposal includes all of the components, figures and data required by this Request for Proposal. 5. This firm has carefully read and fully understands all of the items contained in Section 10, General Requirements. This firm agrees to all of the general requirements except for those listed on an attachment. 6. The proposal by this firm is an irrevocable offer and shall be valid for 120 days from Name of Individual/Firm C (Authorized Signature) Type Name Title Address City State Zip Telephone No. Fax No. Date ; � . ' 1 A GEN D A REP y �Lu�AJ� Date: December 15, 2009 To: Honorable Mayor and City Council Approved By: Roger L. Haley, City ManageC;_; Robert S. Torrez, ACM — Admin & Comm Svcs Prepared By: Alfredo J. Lopez III, Director of Human Resources Diane Strickfaden, Senior Human Resources Analyst h Subject: Setting the City of Lynwood's Employer Health Insurance Contributions Under the Public Employee's Medical and Hospital Care Act Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT." Background: The City entered into an agreement with the California Public Employees' Retirement System (CaIPERS) for health benefits effective October 1, 1988. This agreement applies to active and retired employees. Under the Public Employees' Medical and Hospital Care Act ( "PEMHCA "), CaIPERS requires public agencies to update resolutions each time such an agency changes its contribution towards employee and annuitant health insurance. Discussion & Analysis: Management Bargaining Unit (MBU) Per the attached City -MBU Memorandum of Understanding (MOU), Article XIII, Employee's Insurance Coverage, the City contributes toward any CaIPERS health insurance plan selected by the full -time employee up to the Kaiser -Los Angeles family rate. It is important to note that the City previously paid up to the Kaiser "Oth AGE Southern California Region" rate, also referred to as the Orange County rate for man NDA ITEM I years. However, contract negotiations realized savings by converting employees to the Los Angeles rate effective January 1, 2009. For calendar year 2010, the Kaiser -Los Angeles Area family rate is $1,074.24 per month. Lynwood Employees' Association (LEA) A tiered health insurance program was implemented during contract negotiations for the current City -LEA MOU. This program established City funding of LEA health insurance for employees hired prior to January 1, 2009 to the Kaiser "Other Southern California Region" /Orange County family rate. For calendar year 2010, that benefit amount is $1,182.97. However, for LEA employees hired after January 1, 2009, City funding of LEA health insurance is tied to the family rate of Kaiser -Los Angeles. In addition, for these new hires, the City funds an amount which equals 80% of the Kaiser -Los Angeles family rate 2010 premium of $1,074.24. These newer employees therefore are required to pick -up the remaining 20% of their selected plans through payroll deductions. California law. under PEMHCA requires the City to remit the minimum legal health insurance contribution directly to CalPERS. For 2009, that minimum contribution was $101. For 2010, the minimum contribution is $105. The City provides the additional benefit which when added to the $105 equals either the 100% or 80% of the respective family premium rate for Kaiser coverage, depending upon the employee's hire date. Fiscal Impact: There are approximately 250 (including active and retired) participants in City- CalPERS health insurance programs. The average percentage increase for calendar year 2010 is 3 %. As CalPERS operates on a calendar year system, the fiscal impact is approximately $25,000 in calendar year 2010. Due to the City -LEA tiered 80/20 coverage plan, the City estimates an approximate savings of $2,500 per new hire, per year. Coordinated With: Finance and Administration Department City Attorney's Office Attachments: CalPERS Circular Letter PERS Health Insurance Rates for 2010 LEA and MBU MOU Articles 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22892(a) provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22892(b) of the Act, and WHEREAS, the City of Lynwood, is a local agency contracting under the Act. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. That the employer's contribution for each employee or annuitant shall be in the amount necessary to pay the full cost of his /her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of: Code Bargaining Unit Contribution per Month Difference Per Participant or Annuitant PASSED, APPROVED and ADOPTED this 15th day of December, 2009 Maria T. Santillan Mayor 2009 2010 01 Lynwood Firefighters' Association $400.00 $400.00 N/A 02 Lynwood Management Group $1008.85 $1,074.24 $65.39 03 Lynwood City Employees' Association $101.00 $105.00 $4.00 04 Lynwood City Employees' Association/ Hourly (CaIPERS eligible) $101.00 $105.00 $4.00 PASSED, APPROVED and ADOPTED this 15th day of December, 2009 Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Alfredo J. Lopez III Director of Human Resources 11 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, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ", 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: Maria Quinonez City Clerk 5 P.O. Box 942714 Date: March 6, 2009 Sacramento, CA 94229 -2714 Reference No.: (888) CalPERS (225 -7377) A0, TDD — (916) 795 -3240 Circular Letter No.: 600 - 009 -09 www.calpers.ca.gov Distribution: VII CaIPERS Circular Letter Special: TO: CONTRACTING AGENCY HEALTH BENEFITS OFFICERS AND ASSISTANT HEALTH BENEFITS OFFICERS SUBJECT: CONTRACTING AGENCY MINIMUM EMPLOYER CONTRIBUTION CALCULATION FOR 2010 Effective January 1, 2010: A Change in the Minimum Employer Contribution This Circular Letter informs employers the 2008 Consumer Price Index -Urban (CPI -U) calculation of the 2010 Minimum Employer Contribution will be $105.00 per month. I. BACKGROUND The Minimum Employer Contribution was originally established as a specific dollar value with specified increases from calendar years 2004 through 2008. Starting in calendar year 2009, it was a calculated adjustment based upon the medical care component of the CPI -U. Section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA) establishes the contracting agencies' minimum health premium contribution for their participating active membership. In addition, this section provides that "commencing January 1, 2009, the employer contribution shall be adjusted annually by the board to reflect any changes in the medical care component of the CPI -U and shall be rounded to the nearest dollar." The table below displays annual increases of the Minimum Employer Contribution for active members. Calendar Year Employer Contribution 2006 $64.60 2007 $80.80 2008 $97.00 2009 CPI -Med Component = $101.00 2010 CPI -Med Component = $105.00 ' California Government Code § 20000, et seq. II. INFLATION RATE CHANGES In January 2009, the US Bureau of Labor Statistics determined that the annual percentage change in the medical care component of the CPI -U for 2008 was 3.7 percent. The table below provides an inflation comparison of Medical care rates. Medical Care Inflation Year Index Percent 2006 336.200 4.0 2007 351.054 4.4 2008 364.065 3.7 III. CALCULATION OF THE 2010 MINIMUM EMPLOYER CONTRIBUTION Using the 3.7 percent increase in the medical care component of the CPI -U, the Minimum Employer Contribution for Calendar Year 2010 is $105.00. See calculation below. ($101.00 x 3.7% _ $3.74 + $101.00 = $104.74, rounded to $105.00). If you have any questions about this Circular Letter, please contact the CalPERS Employer Contact Center at 888 CaIPERS (or 888 - 225 - 7377). Sincerely, Holly A. Fong, Chief Office of Employer and Member Health Services California Public Employees' Retirement System w .calper.ca.gov Page 5 of 12 BASIC MONTHLY RATE (B) PLAN If you are Employee Only Plan Code Employee & 1 Dependent Plan Code Employee & 2+ Dependents Plan Code Blue Shield $424.69 3021 $849.38 3022 $1,104.19 3023 Blue Shield Advantage $424.69 1441 $849.38 1442 $1,104.19 1443 Blue Shield NetValue $368.06 0621 $736.12 0622 $956.96 0623 Blue Shield NetValue Advantage $368.06 1451 $736.12 1452 $956.96 1453 Kaiser $413.17 3061 $826.34 3062 $1,074.24 3063 PERS Choice $452.41 3211 $904.82 3212 $1,176.27 3213 PERS Select $422.35 0801 $844.70 0802 $1,098.11 0803 PERSCare $772.05 3261 $1,544.10 3262 $2,007.33 3263 PORAC $484.00 2071 $906.00 2072 $1,151.00 2073 SUPPLEMENT /MANAGED MEDICARE MONTHLY RATE (SM) Employee Plan Employee & Plan Employee & Plan PLAN If you are a Only Code 1 Dependent Code 2+ Dependents Code Blue Shield $299.53 3121 $599.06 3122 $898.59 3123 Blue Shield Advantage $299.53 1541 $599.06 1542 $898.59 1543 Blue Shield Net Value $299.53 0631 $599.06 0632 $898.59 0633 Blue.Shield NetValue Advantage $299.53 1551 $599.06 1552 $898.59 1553 Kaiser $298.36 3161 $596.72 3162 $895.08 3163 PERS Choice $356.09 3311 $712.18 3312 $1,068.27 3313 PERS Select $356.09 0811 $712.18 0822 $1,068.27 0833 PERSCare $410.60 3361 $821.20 3362 $1,231.80 3363 PORAC $363.00 2081 $723.00 2082 $1,157.00 2083 Updated 9/3/2009 Effective Date: 1/1/2010 -12/31 /2010 Page 7 of 12 SUPPLEMENTIMANAGED MEDICARE MONTHLY RATE (SM) BASIC MONTHLY RATE (B) PLAN If you are b Employee Only Plan Code PLAN If you are b Employee Only Plan Code Employee & 1 Dependent Plan Code Employee & 2+ Dependents Plan Code Blue Shield $485.29 3041 $970.58 3042 $1,261.75 3043 Blue Shield Advantage $485.29 1421 $970.58 1422 $1,261.75 1423 Blue Shield NetValue $420.59 0641 $841.18 0642 $1,093.53 0643 Blue Shield NetValue Advantage $420.59 1431 $841.18 1432 $1,093.53 1433 Kaiser $454.99 3081 $909.98 3082 $1,182.97 3083 PERS Choice $472.83 3231 $945.66 3232 $1,229.36 3233 PERS Select $441.41 0821 $882.82 0822 $1,147.67 0823 PERSCare $806.89 3281 $1,613.78 3282 $2,097.91 3283 PORAC $484.00 2071 $906.00 2072 $1,151.00 2073 SUPPLEMENTIMANAGED MEDICARE MONTHLY RATE (SM) PLAN If you are b Employee Only Plan Code Employee & I Dependent Plan Code Employee & 2+ Dependents Plan Code Blue Shield $299.53 3141 $599.06 3142 $898.59 3143 Blue Shield Advantage $299.53 1521 $599.06 1522 $898.59 1523 Blue Shield NetValue $299.53 0651 $599.06 0652 $898.59 0653 Blue Shield NetValue Advantage $299.53 1531 $599.06 1532 $898.59 1533 Kaiser $298.36 3181 $596.72 3182 $895.08 3183 PERS Choice $356.09 3331 $712.18 3332 $1,068.27 3333 PERS Select $356.09 0831 $712.18 0832 $1,068.27 0833 PERSCare $410.60 3381 $821.20 3382 $1,231.80 3383 PORAC $363.00 2081 $723.00 2082 $1,157.00 2083 Updated 9/3/2009 Effective Date: ' 1/1/2010 - 12/31/2010 C i -r/ - Lf ARTICLE XIV Effective the first full pay period of the month fol of Understanding ( "MOU "), the City shall provide Council adoption of the Memorandum medical expenditures as follows: 1. The City of Lynwood is a contracting agencylfor participation in the Public Employees' Medical and Hospital Care Act ( "PEMCHA "). Government Code § 22892 provides for the minimum employer contributions to allow enrollment in PEMCHA. 2. Effective the first full pay period of the month following adoption of the MOU by the City Council, the City's minimum contribution to PEMCHA shall be $97.00 monthly and shall from calendar year to calendar year, be adjusted to correspond with statutory amended minimum employer contribution rates. (The City has been advised that effective January 1, 2009, the minimum mandated employer contribution shall be $101.00 monthly per employee.) 3. For each employee in the represented barg the City will fund an amount which, when added to the r to participate in PEMCHA, equals the "Other Soul PEMCHA) Family Premium Rate for Kaiser coverage, This funding will be implemented by a combination CalPERS of 80% of the "Other Southern California I Premium Rate for Kaiser coverage and (b) direct cc Southern California Region" (as defined by PEMCHA) under a health reimbursement arrangement maintained ing unit hired prior to January 1, 2009, mum mandated employer contributions •n California Region" (as defined by that amount from time to time exists. (a) direct contributions by the City to lion" (as defined by PEMCHA) Family ibutions by the City of 20% of "Other nily Premium Rate for Kaiser coverage those employees by the City. 4. For each employee in the represented b 2009, the City will fund an amount whi( employer contributions to participate in I Area Region" (as defined by PEMCHA) K� 5. The balance of any premiums due for co and eligible dependents will be funded under a caf such employee. 6. Regardless of date of hire, an employee 1 offered through PEMCHA, for the employee and any 7. Regardless of date of hire, no cafeteria pl Caveat: If an administrative or judicial entity finds tt impact to the City, to its employees and/or to the pro this Article XIV shall be immediately subject to a further agree that a substitute provision resulting fro no greater economic expenditure to the City then th above provisions. Effective January 1, 2000, the City will pay the full CalPERS eligible part time employees and their 14 fining unit hired on and after January 1, when added to the minimum mandated ACHA, equals 80% of the "Los Angeles r Family coverage rate. selected by the employee for himself plan by payroll deductions from each select any Of the Health Insurance Plans ble dependents. benefits shall include cash. Article to be invalid or of negative financial ion of these benefits, the parties agree that :et and confer reopener. The parties do the meet and confer process shall result in Nhich would have occurred pursuant to the of dental plan premiums for fulltime and )le dependents for the duration Of this agreement. The City further agrees to enhance the curr nt dental benefits to include a retirement benefit for employees who retire from active City servic with at least five years tenure with the City. Verification of CalPERS retirement application will be required. In March of each year the City will reimburse active employees for dental plan de Uctibles incurred in the previous calendar year. Said reimbursement also applies to hourly employees who are eligible for dental coverage. Effective within the first two pay periods following Council ratification of the MOU, the City shall increase the current $20,000 life insurance coverage t for all full -time and CalPERS eligible part time employees with the full cost of the premium paid by the City inclusive of a retirement benefit. Effective January 1, 2000, the City will implement a Vision Plan and pay the full cost of premiums for all fulltime and CalPERS eligible part time employees and their dependents inclusive of a retirement benefit clause. Effective March 2005, the City will reimburse employees up to a maximum of $30 per eligible dependent/employee for vision co- payments incurred in the previous calendar year with proper documentation. Effective August 1, 1993 the City shall implement the State Disability Insurance Program with the full cost of such plan to be paid by the employee. Effective January 1, 1999 the City shall pay the entire cost of State Disability Insurance for all unit employees. The City will contribute toward health and dental coverage for all hourly unit employees who pursuant to CalPERS regulations are members of Ca1PERS and mandated to participate in the CalPERS health plan. Such benefit shall continue only for such time as CalPERS requires such a contribution. The City shall implement an Employee Assistance Pro ram (EAP) with the full insurance premium incurred by the City for full -time and hourly CalPERS eligible employees. 15 CI y -Mgr 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 current dental benefits to include a retirement benefit for employees who retire from active City service with at least five years tenure with the City. Verification of PERS retirement application will be required. 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 0 AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag Robert Torrez, ACM Admin. & Community Servicts PREPARED BY: Alfredo J. Lopez III, Director of Human Resources Jeff Jones, Safety /Risk Analyst SUBJECT: Claim for Damages by Mercury Insurance for Octavio Armenta Recommendation: Staff recommends that the City Council reject the claim of Mercury Insurance for Octavio Armenta v. City of Lynwood and direct staff to send a standard letter of rejection. Background: On September 8, 2009 Mercury Insurance Company filed a claim for damages on behalf of their insured Octavio Armenta alleging property damage due to a tree branch that fell on their insured's vehicle which was parked on the street in front of 11085 Elm Street, within city boundaries. Discussion & Analysis: City records indicate that there are no prior indications that the tree was diseased or weakened and the City received no prior complaints regarding the tree. The tree was last trimmed on January 9, 2008. In addition, neither the claimant nor Mercury Insurance submitted estimates for repair, proof of vehicle registration or any subrogation demand. Pursuant to Government Code Section 835 the claimant must establish that the tree posed a dangerous condition at the time of the incident. A dangerous condition as defined in Government Code Section 830 is a condition of property that creates a substantial, as distinguished from a minor, trivial or insignificant, risk of damage when property is used with due care in a manner in which it was reasonably foreseeable that it would be used. 3ENDA ITEM 20 In addition, the claimant must establish that the existence of the dangerous condition was created by the negligence of the City or an employee of the City was aware of the dangerous condition. There is no indication that the City had prior notice of a dangerous condition. High winds were not a factor in the incident. The tree was not diseased, nor did it show signs of decay. The City's recommendation is consistent with past practice. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney Public Works Attachments: Claim for Damages Form 2 Aug 25 200 (Rev. 2/0)) FRO CITY Of 11330 BI LYNWOOD, 10:4 L LLIS CA RM H D AD 90262 LR City i ER J,1ABJL1 C o r al ET FRX W r r Prone Pronertv 8,r� "! COPY - TE FILED MNO. PT. - ©9 aim RcpoitingForna Persons c Als . < <d Cj A 1. CLAMV NO LA 2. CL A YEAR 3. READ 4. ATTA S FOR I R S FOR FTER H IRE SEP FATH, SIX ( GE OCC LAIM TE B FURY MON TO RM ETS, ro P HS L E ( EFO P N RSON, O R T ROPER . Code, S MIN CES SARY TO PERSO OCCU MUST BE FI .911.2). TO GIVE FU L qR (Gov D NO L D RTY, MU ode, Sea 9113} TER THAN O S. D (1) Name of a imant I Date of H' Home a City: Give addre of c y Sac X SeccurityN J L 'mant h you de ire no ipCode: communi tion to be se S r T' v lephon to : 'CA AM V o.: It this claim: ip Code: PM 111 +� ss to wh 'ce o ity: x Date of Accident: Place of Accident: — 0 h� How did o (Give 11 details) Were Sberjffj What particular employee causing at the WA scene? r o is ' injury es do y Nil u cle e, i ino caused I known: No. (If know he r di i n! G ): ? e the name of the 1 ity Give t tal It ciai (' lode amount f any prospective inj damage): 1, P.2 2� + I - q X77 M Rug FA 25 2009 10: How was t o Plea a attar woo RM H [aim co al esti LR uted7 ERJET FR i (Be specific. st doctor bills wag ate repair estimates, etc.) F,Vwdit s made Name ofad¢ress o account tresses, if acci i octon t r injury (date and item): and hospitals: PLEASE READ 7 • F F L nNG follo by ' ignat vehic ratio fit th � A J IFUL LY irg ' an by a wh of y si liagram es of streets, by sho house numb er "A" t cation of City n you saw City v arself or u< vehicle at on, attar a proper dia aclu g North, East, South and or ce to street come . . ehi when you first saw it and by le; I tion of City dehicle a t the a of the accident by "14" s ed by claimant For all acei ?ent cl West indicate p If City veht le "B" location of y time of accident b and the paint of Note: If di§gtams a, place o f accide volved If or yo . I and t by "X" ow do no i OR UT WE; ACCmEN75 . —} F R O ]EP- I CCMEWS EJ L s�os�vnuc ama I 7 I rNTS e WALK I HAVE CERTIFY MATTERS THOSE P AD E FO HAT T E S WHICH TIERS BELIE I Y TFLA THE FO tEG IN IS S E IT T I CLAIM R TTs O 8 C S OF MY UPON TRUE. TRUE A KNOW WN KNO INFOR CERTIFY ( ND CO T•HEREO ED CEPT AS TO IO BELIEF: ANl R DECLARE) UNDER P AND OSE S TO ALTY HP.'Far�libiliyC in p.3 m at ®RI ly l A GEN DA ST REP Q DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City ManageC�w� �q( Robert Torrez, ACM Administration & Comm. Services PREPARED BY: Alfredo J. Lopez III, Director of Human Resources Jeff Jones, Safety /Risk Analyst SUBJECT: Claim for Damages by Dana Dakin Recommendation: Staff recommends that the City Council reject the claim of Dana Dakin v. City of Lynwood and direct staff to send a standard letter of rejection. Background: On September 16, 2009, Ms. Dana Dakin filed a claim for damages as a result of property damage her vehicle sustained from an automobile accident with a resident of Bell Gardens. Ms. Dakin does not clearly articulate why she feels the City of Lynwood is liable for this incident. Discussion & Analysis: Ms. Dakin, and a resident of Bell Gardens, were both traveling east on Imperial Highway when Ms. Dakin made an unsafe lane change which caused a vehicle accident. Los Angeles County Sheriffs Department investigated this incident and determined that Ms. Dakin made an unsafe lane change and cited her for violations of Vehicle Code 12951(a) and 16028(a). This accident was a private matter. Therefore, the City is not liable for this incident. ITEM ZI Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney Public Works Attachments: Claim for Damages LA County Sheriff's Department Investigative Report Repair Estimates (Rev. 8/02) LIABILITY DATE PLED 0I - % -1 _ 0, 0 � City Claim Reporting Form CLAIM NO- For all Pew 5dr.2Wp; T O DEPT. CITY OF LYNWOOD FROM COPIES CITY OF LYNWOOD SEP 1 2009 WARD NORTH AMERICA, LP 11330 BULLIS ROAD PER $ O N N E L (Original Claim Form) LYNWOOD, CA 90262 Third Party Administrator 1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST BE FILED NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, Sec. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER THE OCCURANCE (Gov. Code, See. 911:2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE - SHEETS, IF NECESSARY, TO GIVE FULL DETAILS. Name of Claimant: Date of Birth: I 'Lal - lad Social Security No.: Home address of claimant: 1 J`Z 3A C mN , City: �- State: CA_ Zip Code: ° l0? _Ca 77 Telephone No.: k G7 C b q z q S ' Give address to which you desire notice or communication to be sent regarding this claim X I ZI O Q.CP.\ JC>Lq C� City: State CA Zip Code: g0 - Z�(pZ Date of Accident: 9 -- 1 k - 0 q Time: AM S rG PM Place of Accident: How did dams a or iaLury occur? (Give full details) &4 Ik -X K20,..r_I 0 ttdV1 pat Se \C5G i„a1,� n ti.� SaL.a ti,... •( C� o.✓-. *c th •f o , 1.,e �c,n o c r€c '�- O I -P . M : V-�- O f C : ' --,%A t S Were Sheriffs at the scene? Ye� No File No. (If known): What particular act oroihissi©ri do`you claim caused_ the injury or damage? Give the name of the employee causing the injury or damage,' if - known: Give total amount of claim (include estimate amount of any prospective injury or damage 2co How was amount of claim compute (Be specific. List doctor bills, wage rate repair estimates, etc -) Please attach two estimates Expenditures made on account of accident or injury (date and item): Name of address of witnesses, doctors and hospitals: PLEASE READ THE FOLLOWING CAREFULLY For all accident claims, place on following diagram naives of streets, including Nortli, East,,South 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. veF" -' yce �- stsawi.it,'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 accident 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 AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS GUPB �� SMEWAX .. - �.. r cvaB PAKK AY . SIDEwAUc F h F I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS .THEREOF: A14D CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCET AS TO THOSE MATTERS WHICH ARE HERE STATED UPON..MY .INFORMATION: AND BELIEF;. AND., AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE.. I CERTIFY (OR `DECLARE) UNDER, PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORR ECT. Z Ct -I-Z-,09 STATE OF CALIFORNIA DEPARTMERt OF CALIFORNIA HIGHWAY PATROL TROM COLLISION REPORT 0-Fje,655.-03 (92v. 7-03) OR 061 T 6 - Property Damage Only ll !� 7 rpwypea) tolnvohred perrypes) BPECML CONODKINB NR6_RUjI CITY - MIMBER . p�epo♦ ICT iNaQIBTR� f 6 E�tS O RE Ne fF1C€R OS / 4 E COLLISION CIQ.I ����� �MTERBECnpN WITH I'- I(,o.�Es at,, �.ET/w7L� acv FwE eon � T❑ OW AWAY ST AT E HIGHW o .. FesUMEN Of Yes 9 No Yee No pq 7 LIC ENUMBER ejWj� cl/�/ Atti_&LO EOU:PMEM A SHADE (ALLIED AGENCY USE ONLY) (� DAMAGED ReWrt taken [].Yee ❑ No R NAMEfFWST. NIOOIE, VS)) TELEPHONE NUMBER r+q Ar►e� Dk iLl N rj:. U N AREA Exchange lnformetlon ❑'Yee 9 ❑ No PED 9 ETADORESB (OW ItrO CaY) 07 Aa Hl R'LA3 µT eD Spuim CA o P H u- a RME f SIRTHUATE IN9UMNCE C�w� N !'j 0 ri E POLICY NUMBER - CY N thV AJ1 .. INDICATE NORTH .... _ .. .... _ .... .. B LE DUVEL ON STREET OR HIGHWAY SPEED LIMIT GA - �Y1 P[5 R !/4 L IFZG ItW R 3 r , PARTY . _. u....... Or YEN, r VE'.j'mo MN ELICOL U. NSENUMBFj(i� LI M6/4 r,.c.' eG �t r F�l � p/ry�`E /p`` g]]p� BLTE� N D _ I ICEUB U F$ / . /gyp C B i�R(0 � 19AFE'�EGUIPMENT 5 6 V/' N r SHADE DAMAGED � � .. .. . _..... ... ..._ p H �frta T, M /gDlE, M BE R AREA z E of EGA !io f Fr4j /� ISd WO1l:�1rL=MPE t +w Y. e r l0 :K26s5 Jan cFf C of } ! n T �� 11'r t7 i7. W�c� Fi /I� OIJ L•`P Wv. -P. wws ,N..�r� efl crwa.r'.o ?_ M G RG,iED 1 m H P ( eW1H TE - �D3 m > P fb rdLN V CARRIER - Frol.Dc�n� EA�4� Mo. Po NV 9*J. a LJ E q�py�i G M3T I (T1f�� e 1� �JRY -.. PARTY "f L.Ft 6 *,Ob CaIL%y Db'D I" Off v BAR MAx L eT mE. .-FF( AGE SEX f tl P" p 1 ADD ftREE99 PHONE NUMBER , PARTY O ® I ❑ ® AG S' µ N UNIJ a�1rplIJ� pp �I .P 13 C1f ZOOI'() �SIM!t s� ./ a M t UM E �7Z /8 N0. PT L• AM PROP. NE ADDRESS !� f �p / 1 DAMAGED PROPERTY FACT PRI lOF PAR FA D FORMATION 87 NU TRAFFIC CONTROEVICES BPECIALIN 11 I B ER OF PAR AT FAULT OVEME - MNT PRECEDING . COLUS OK , - INSER I A @ M t E IP�v G ) T J C. OLS NOT FUNCTIONING' E HANDHELD IN USE 6 PROCE20ING STRAIGHT # B' OTHER IMPROPER DRIVING' C CONTROLS OBSCURED C CELL PHONE HANDSFREE ININ— C PAN OFF ROAD D NO CONTROLS PRESS nFLL P�Ng NOT IW71RO"I r-Illut MAKING RIGHT TURN C OTHER THAN DRIVER* Type OF COB LESION E MAKING LEFT TURN E 0 BACKING H SLOWING I STOPPING VIFFAMPR �ARK I TO 2 ITEMS) IN I PASSING OTHER VEHICLE P ARKING D mwwa . —E Foorvisimuw MO D 1 T P ARKED - OTHER ASSOCIATED FACTOR(9) --Q TRAVELING WRONG WAY MO TOR RK 1 TO 1 ?EMS O T HER" 0 DUSK - A VC SECTION VIOLATION: C DARK - STREET LIG HTS F T RAIN D DARK - No STREET LIGHTS G BICYCLE B VC SECTION VIOLATION: E DARK - STREET LIGHTS NOT H ANIMAL: FUNCTIONING' SOBS DR ROADWAYSURFACE I FIXED OBJECT,. 2f� S DRY HAD T BEEN DRINKI W J OTHER OBJECT: HBD - UNDER INFLUENCE I NFLUENCE' PEDESTRIAN'S ACTIONS F INATTENTION' NO PEDESTRIAN INVOLVED E NTERING V KBD - IMPAIRMENT UNKNOWN' ROADWAYCONDITION(S) IN ARK f TO 2 ITEMS E UNDER DRUG INFLUENCE- S` B CROSSING IN CROSSWALK AT INTERSECTION F I WITH Q IMPAI MATER N ROADWAr NOT APPLICABLE - - - IH L. CROSSING IN CROSSWALK -NOT AT K DEFECTIVE VEH, EOUIR: I SLEEPY I FATIGUED' INTERSECTION CONST RUCTION- EP IR ZONE E REDUCED RO ADWAY W IDTH F FLOODED' E IN ROAD INCLUDES SHOULDER M OTHER E PPAR NT:' ONDITIO RUNAWAY HI LE - Destroy Previous ediBone. c55503 -3.fip — A ;*raF1vlc--7J TS 2.. 3 0 /J M�c�Tt t.tZ rtfsG iYW t'Y' /.•� T/t .X- L,,+N E, p� l a. sr�'.s i-et -�' 50.' err+ �t ;j#-� ;t.G.�' ✓�' rc c" 5 f. / - Z S rri-�- .T 0 i u'rnrG, ��►sT:B +.i.J �� ors . : ; 8.. �M��'t!f'C . �'l'C�h`urs�'4' dn.r -,•�� '� � `Li4•s� / .'� S �.� 90: 0 ... J�Ga4a.s/�Y. r(r..+ . Tl�'t� l. �Jr+^l�: ' f�•.'2 �i�s�d'S:.:'iP- 12. ti TD 14 GZ��`7'�Or•NS'�2 t was Cr�U Fort_ L ash 17. 18. 19. A-t�S Gr a ' /1®0ti3t` rvLy 6N JiuS (y 20. LCD �• rpM�/�1�.: F �!� 21. +E ,. µiT �.:� C�� �L .NSaFC rL✓+aE .c.A&cj(AE 33 25. ':` , 28. 27. FLAME - UMBER MO. i*Y' , AM R6YIEWERiS NNAM �J / y 'DATE OF COU.161%4 TI &(24w) NCICNUMBER OFFICER ID.. NUMBER PAGE. 9 DAY Date: Estimate ID: Estimate Version: Preliminary Profile ID: B & M BODY SHOP 10404 S ATLANTIC AVE., SOUTH GATE, CA 90280 (323) 569 -7338 Email: bmbodyshop14@yahoo.com Damage Assessed By: EFRAIN REYES Type of Loss: Collision Payer: Customer File Number: 0744 Deductible: UNKNOWN Insured: DANA DAKIN Owner: DANA DAKIN Address: 10722 WRIGHT RD., SOUTH GATE, CA 90280 Telephone: Home Phone: (310) 598 -8435 Mitchell Service: 911000 Description: 1999 Mercury Tracer LS Vehicle Production Date: 6199 Body Style: 4D Sed Drive Train: 2.01. In) 4 Cyl AO VIN: 1MEFM13P8XW620744 License: 4JWM859 CA Color. SILVER 911612009 11:29 AM 0744 0 Standard Rate Line Entry Labor Line Item Part Type/ Dollar Labor Rom Number Type Operation Description Part Number Amount Units 1 931003 BOY REMOVEIINSTALL Lamps Existing 0.3• 2 •" Rd I RT FRONT HEAD LAMP 3 931062 REF ' REPAIR Right Fender Panel Existing 1.0• 4 931065 BOY REMOVE/REPLACE Right Front Door Assy Owl Recycled Part 750.00 ' 0.0' 6 REF REFINISHIREPAIR Right From Door Assy 2.5' 6 Une Markup %20.00 160.00 7 900500 BOY ` REMOVEIREPLACE RT SIDE DOOR MIRROR Qual Recycled Part 130.00 • 0.0• 8 Line Markup %20.00 26.00 9 900500 BOY • REMOVEIINSTALL TRANSFER COMPONENTS FROM DOOR Existing 3.0' 10 900500 BOY' REPAIR RT REAR DOOR Existing 8.0' 11 REF REFINISHIREPAIR RT REAR DOOR 2.0' 12 900600 BOY • REMOVEIINSTALL RT REAR OUTER HANDLE Existing 2.5 13 900500 BOY • REMOVEONSTALL RT REAR BELT MOLDING Existing 0.3` 14 900500 BOY • REMOVEANSTALL RT REAR TRIM PANEL Existing 0.5' 15 900500 BOY • REPAIR RT QUARTER PANEL Existing 2.0• 16 REF REFINISH/REPAIR RT QUARTER PANEL 2.0' 17 900500 BOY' REMOVEANSTALL RT TAIL LIGHT Existing 0.3' 18 900500 BOY' REPAIR REAR BUMPER COVER Existing 30 19 REF REFINISH/REPAIR REAR BUMPER COVER 1.6 20 900500 REF " REPAIR BLEND RT ROOF RAIL Existing 0.5' 21 900600 REF ' REPAIR ROPE BACK GLASS Existing 0.5' 22 900600 REF " REPAIR ROPE FRONT WINDSHIELD Existing 0.5 23 900600 BOY • REMOVEIINSTALL RT ROOF MOLDING Existing 0.4' 24 900500 BOY • REMOVEANSTALL RT FRONT d REAR DOOR WEATHER Existing 0.8' 25 ".' REI DOOR WEATHER STRIP FOR ACCESS TO REFINISH 26 900600 FRM REPAIR SET UP AND MEASURE Existing 2.0' 27 900500 FRM' REPAIR REAUGN RT CENTER PILLAR Existing 3.6' 28 936014 ADD'L COST Flex Additive 10.00 " 29 933003 REF ADO'L OPR Tim Color 0.5 30 AUTO REF ADD'L OPR Finish Sand And Buff ESTIMATE RECALL NUMBER: 091161200911:29:45 0744 Mitchell Data Version: OEM: AUO 09 A UltraMate is a Trademark of Mitchell International Copyright (C)1994 - 2008 Mitchell International Page 1 of 2 UhraMate Version: 7.0.011 All Rights Reserved 31 933018 REF ADD'L OPR 32 AUTO ADD'LCOST 33 AUTO ADD'L COST 34 AUTO ADD'L COST - Judgment Item Mask For Overspray Paint/Materials Shop Materials Hazardous Waste Disposal Remarks " "` NOTE ••••• ESTIMATE IS BASED ON A VISUAL INSPECTION. HIDDEN DAMAGE MAY INCREASE THE ACTUAL REPAIR COST. Estimate Totals Date: 911612009 11:29 AM Estimate ID: 0744 Estimate Version: 0 Preliminary 0.00 Profile ID: Standard Rate 7.50 Sublet 308.00 ' 4.11 ` I. Labor Subtotals 4.40 ' 19. Additional Costs Amount N. Adjustments Add'I Taxable Costs 322.11 Customer Responsibility 0.00 Sales Tax @ 10.760% 34.63 Labor Sublet 4.40 I. Labor Subtotals Units Rate Amount Amount Totals IL Part Replacement Summary Amount Body 20.6 40.00 0.00 0.00 636.00 Taxable Parts 880.00 Refinish 11.5 40.00 7.60 0.00 467.50 Parts Adjustments 176.00 Frame 6.5 65.00 0.00 0.011 302.50 Sales Tax @ 10.750% 113.52 Non - Taxable Labor Net Total: 3,136.68 1,606.00 Total Replacement Parts Amount 1,169.52 Labor Summary 37.9 1,606.00 19. Additional Costs Amount N. Adjustments Amount Taxable Costs 322.11 Customer Responsibility 0.00 Sales Tax @ 10.760% 34.63 Non - Taxable Costs 4.40 Total Additional Costs 361.14 Paint Material Method: Rates Init Rate = 26.00 , Intl Max Hours = 999, Addl Rate = 0.00 , Max Allowed = 9,999.99 I. Total Labor: 1,606.00 0. Total Replacement Parts: 1,169.52 Ill. Total Additiatal Costs: 361.14 Gross Total: 3 IV. Total Adjustments: 0.00 Net Total: 3,136.68 This Is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 0911612009 11:29:46 0744 Mitchell Data Version: OEM: AUG A UltraMats is a Trademark of Mitchell International Copyright (C)1994. 2009 Mitchell International Page 2 of 2 UhmMate Version: 7.0.011 All Rights Reserved Production Date: / 0 Fax #: (323) - Phone #2: License: State: CA Insured - Claimant - VI N: 1 MEFM 13P8XW620744 Miles In: 0 Miles Out: 0 Home Phone: (323) - Home Phone: (323) Condition: Good Work Phone: (323) - Work Phone: (323) Estimator: Juan Lopez Fax #: (323) - Fax #: (323) - Xtreme Auto Body Date of Inspection: 9/17/2009 Federal Tax ID: 27- 0457193 8648 Atlantic Ave Customer No: 55 Estimate South Gate, CA 90280 Report No: 47 Paint Phone #: (323) 563 -0235 Claim #: 911712009 Fax #: (323) 563 -0235 Assign No: E -Mail: xtremeautobody@att.net Vehicle Information Owner - Dana Dakin Accident Location 1999 Mercury Tracer 10722 wright rd Style: 40 HIB LS South Gate, CA 90280 Replace Right Front Door shell, sedan F7CZ5420124AA Color: Silver Home Phone: (310) 598 -8435 2.0 Color Code: Work Phone: (323) - Phone #1: - Production Date: / 0 Fax #: (323) - Phone #2: License: State: CA Insured - Claimant - VI N: 1 MEFM 13P8XW620744 Miles In: 0 Miles Out: 0 Home Phone: (323) - Home Phone: (323) Condition: Good Work Phone: (323) - Work Phone: (323) Estimator: Juan Lopez Fax #: (323) - Fax #: (323) - Date Assigned: 9/1712009 Date of Loss: 9/17/2009 Date of Inspection: 9/17/2009 Options: 5 Liter, Fuel Injection, 8 Cylinder Description of Work Part Number Price Labor Paint Other FENDER - FENDER & COMPONENTS Blend Right Fender 1.2 FRONT DOOR - DOOR & COMPONENTS Replace Right Front Door shell, sedan F7CZ5420124AA $350.00 ` 4.0 body 2.0 +Edging (0.5) +Interior Surface (0.5) +Clearcoat (1.0) 2.0 FRONT DOOR - EXTERIOR TRIM Replace Right Front Door Body side mldg, silver frost 3S4Z5420878AAPT $67.50 0.3 body (TS) FRONT DOOR - OUTSIDE MIRRORS R &I Right Front Door Mirror, electric 0.6 body FRONT DOOR - GLASS & HARDWARE R &i Right Front Door glass, Ford, sedan Included FRONT DOOR - LOCK & HARDWARE R &1 Right Front Door Handle, outside, ebony Included REAR DOOR - DOOR & COMPONENTS Replace Right Rear Door shell, sedan F7CZ5424630AA $350.00 ` 4.0 body 2.0 - Adjacent (0.4) +Edging (0.5) +Interior Surface (0.5) +Clearcoat (0.4) 1.0 REAR DOOR - EXTERIOR TRIM Replace Right Rear Door Body side mldg, silver frost 3S4Z5425532AAPT $66.82 0.3 body (TS) QUARTER PANEL. SEDAN - QUARTER PANEL & COMPONENTS Repair Right Quarter panel 2.0" body 2.0 - Adjacent (0.4) +Clearcoat (0.3) -0.1 REAR BUMPER. SEDAN - BUMPER & COMPONENTS Repair Rear Bumper assy 2.0' body 2.6 +Clearcoat (0.5) 0.5 Other ooerations • Hazardous Waste Disposal $5.00' sublet • Cover car for paint 0.5' $5.00` taxed ` color match paint 0.5` body` ' color sand and buff 2.0' body' ` Setup for Pull 2.0' frame' DEFAULTCHARGES ` Cover car for paint 0.5" $5.00' taxed Sub Totals Page 1 of 2 Xtreme Auto Body Hours Federal Tax ID: 27 -0457193 Total 8648 Atlantic Ave Customer No: 55 Estimate South Gate, CA 90280 Report No: 47 9/17/2009 Phone #: (323) 563 -0235 Claim #: Fax #: (323) 563 -0235 Assign No: E -Mail: xtremeautobodyggatt.net 2.2hrs '9AI I WORK WARRANTY $90.20 ALL INSURANCE WELCOME" THANK YOU FOR LETTING US SERVE YOU Grand Total $2,870.79 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Guide used is (DE2MX97). 3/09 ' Indicates Estimator's Judament T Indicates Taxed Item CCC Comp -Est - A product of CCC Information Services Inc. Page 2 of 2 Hours Rate Total Body Labor 15.7hrs $41.00 /hr $643.70 Paint Labor 11.0hrs $41.00 /hr $451.00 Clearcoat Labor 2.2hrs $41.00/hr $90.20 Frame Labor 2.Ohrs $75.00/hr $150.00 OEM Parts $834.32 Body Supplies 4.Ohrs $32.00 /hr $128.00 Paint Supplies 11.0hrs $32.00 /hr $352.00 Clearcoat 2.2hrs $32.00/hr $70.40 Sublet $5.00 Misc Taxed $10.00 Tax $1266.72 ("1a. 10.7500% $136.17 Grand Total $2,870.79 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Guide used is (DE2MX97). 3/09 ' Indicates Estimator's Judament T Indicates Taxed Item CCC Comp -Est - A product of CCC Information Services Inc. Page 2 of 2 IIIII�IIIIIIIIIIIIIIIIIIINIIIBII PR EXP DATE: 12/1 REGISTERED OWNER AMOUNT PAID DAKIN DANA ANN $ 15.E 10722 WRIGHT RD APT 20 AMOUNT DUE MOUNT RECVD $ 15.00 CASH : CHCK : SOUTH GATE CRDT : 15.00 CA 90280 LIENHOLDER 1. F01 576 E3 0001500 0002 CS FO1 021909 11 4JWM85 i - REGISTRATION CARD VALID FROM: 12/14/2008 TO: 12/14/2009 MAKE YR MODEL YR IST SOLD VLF CLASS *YR TYPE VEH TYPE LIC LICENSE NUMBEI{ MERC 1999 1999 AH 2009 120 11 4JWM859 BODY TYPE MODEL MP NO VEHICLE ID NUMBER 4D G QN 1MEFM13P8XW6207e TYPE VEHICLE USE DATE ISSUED CC/ALCO DT FEE RECVD PIC AUTOMOBILE 02/19/09 19 02/19/09 3 PR EXP DATE: 12/1 REGISTERED OWNER AMOUNT PAID DAKIN DANA ANN $ 15.E 10722 WRIGHT RD APT 20 AMOUNT DUE MOUNT RECVD $ 15.00 CASH : CHCK : SOUTH GATE CRDT : 15.00 CA 90280 LIENHOLDER 1. F01 576 E3 0001500 0002 CS FO1 021909 11 4JWM85 i - .QI�FP AGENDA STAFF REPORT 0 DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag Robert Torrez, ACM - Admin. & Community Sery es PREPARED BY: Alfredo J. Lopez III, Director of Human Resources Jeff Jones, Safety /Risk Analyst SUBJECT: Claim for Damages by Luis Salceda Recommendation: Staff recommends that the City Council reject the claim of Luis Salceda against the City of Lynwood and tender the claim for indemnification to California Western Arborists. Section 602 of the contract requires that this company indemnify the City against all expenses arising out of the work performed in accordance with this agreement. Background: On September 8, 2009 Mr. Salceda filed a claim for damages alleging property damage due to a tree branch that fell on his vehicle which was parked on the street in front of 3929 Lesage Street. Mr. Salceda owns a 2003 Monte Carlo, and two estimates were submitted in the amount of $527 and $195. No explanation was provided by Mr. Salceda on the difference between the estimates, and no tree report or photographs were submitted to substantiate damages to his car. Discussion & Analysis: City records indicate that the tree in question was trimmed on February 9, 2008. There were no prior indications that the tree was diseased or weakened and the City received no prior complaints regarding the tree. Pursuant to Government Code Section 835 the claimant must establish that the tree posed a dangerous condition at the time of the incident. A dangerous condition as defined in Government Code Section 830 is a condition of property that creates substantial, as distinguished from a minor, trivial or insignificant, W risk of damage when property is used with due care in a manner in which it was reasonably foreseeable that it would be used. In addition, the claimant must establish that the existence of the dangerous condition was created by the negligence of the City or an employee of the City was aware of the dangerous condition. There is no indication that the City had prior notice of a dangerous condition. The City had a prior agreement with California Western Arborists, Inc. for tree trimming services. Section 602 of the agreement requires that this company hold harmless, indemnify and defend the City against any and all claims, costs, expenses, damages, liabilities, and judgments arising out of California Western Arborists' work performed in accordance with the agreement High winds were not a factor in the incident. The tree was not diseased, and it was trimmed on February 9, 2008. In accordance with the terms of Section 602 of the agreement, the City should reject the claim and tender the indemnification of this matter to California Western Arborists. The City's recommendation is consistent with past practice. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City Coordinated With: City Attorney Neighborhood Services Public Works Attachments: Claim for Damages Form Estimates Vehicle Registration Form 2 (Rev.8 RECEIVED CITY OF LYNWOOD SEP 8 2009 HUMAN FROM I ntb uUml -'a CITY OF LYNWOOD 11330 BULLiS ROAD LYNWOOD, CA 90262 LIABILITY iry Claim Reporting Form o ro e C Y OF LYNWOOD SEP 8 2009 PERSONNEL C � d?. -cl DATE FILED CLAIM NO- ?,Os DEPT. ks - Q COPIES WARD NORTH AN ffiRICA, LP (Original Claim Form) Third Parry Administrator i 1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST BE FILED NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code; See. 911.2). 2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (l) YEAR AFTER THE OCCURANCE (Gov. Code, Sec. 911:2). 3. READ ENTIRE CLAIM FORM BEFORE FILING. 4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS. Name of Claimant: Date of Birth: �? d Z 7 0 Social Security No.: Home address of claimant: 392 (��SiJ E ST City: L e �u/U?'G� State: CA Zip Code: ' 2 - 6 2 Telephone No.: 3/O -gret" -296 z Give address to which you desire notice or communication to be sent regarding this claim ; 4rt e— azc,v'e City: Date of Accident: D4 -0Z - Place of Accident: SAO"L ¢- d ve Were Sheriffs at the scene? Ye No File No. ' known): What particular act or s1j.0 do you claim caused_ the injury or damage? Give the name of the, City employ7 causing the ixf &y 6r damage; if At Give total amount of claim (include estimate amount of any prospective injury or damage: State: CA Zip Code: Time: AM &:30 PM 4F Or How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc_) Please attach two estimates Expenditures made on account of accident or injury (date and item): Name of address of witnesses, doctors and hospitals: PLEASE READ THE FOLLOWING CAREFULLY For all accident claims, place on following diagram names of streets, intruding North, East, :South 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 e you first saw.it;`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 ofyourself or your vehicle at the time of the accident 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 OTHER ACCIDENTS z :mm Z , . tune SIDEWA x ..� tune PAMWA . - X / ///-- SIDEWALK F [F I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS .THEREOF.: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS, WHICH ARE HERE. STATED UPON .MY _INFORMATION AND BELIEF:: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE.. 1 CERTIFY (OR- DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGO G IS TRUE AND CORRECT. 9 a -2 �NATUKE West Coast Auto Body 2910 E. rmperial.9[rghway cynuvg CA 90262 A (310) 637 -5112 Ta.V (3 10) 637- 5113 Customer Information Date: — FlrstName Lu is cCpy� Street Address L C' , Zip Home P on Wo o GZ 6� Cell Phone Veh cie Information Year Make Model / ilea se Plate# �.q Fvy VIN# LABOR R PARTS DESCRIPTION AMOUNT f A6a ,' �- ff'6• J O 7 tr s v`a+v�N i/a/� TOM OETQSl? BALANM OVE /9� • �U — I hereby authorize the above repairs to be done along with the use of necessary materials. I agree that West Coast Auto Body is not responsible for loss or damage to vehicle or articles left In case of fire, theft, or any other cause beyond West Coast's control or any delays caused by the unavailability of parts or delays in parrs shipments by supplier or transporter. I hereby grant West Coast Auto Body and /or its employees, permission to operate the vehicle herein described on the streets, highways, or elsewhere for the purpose of testing, inspecting, and /or transporting. An express merchant's lien is hereby acknowledged on vehicle to secure the dollar amount of labor and merchandise installed thereto. Customer Signature Date '�Lri LRty�(�V r�':vV�lGi A:.S SOLD TO -, k, f s SAC IQ £ Q A (S it)) A39- a. 9 0 c-). 10356 S. Atlantic Blvd. South Gate, Ca 90280 (323) 564 -5019 SHIP TO I ucuaceT WR I (_ Q if Z I cv. I �„T c 9 O INB T. / 750 / 840 925 / EVO FACTORY STYLE: /44142138 SPOILERS: HEADLINER NO.: I HEADLINER COLOR: ACCESDAIES CITY. SHIPPED DESCRIPTION UNIT PRICE VEHICLE MAKE: C C/P_,Of_E7 MODEL: ,) CA Z40 COLOR: YEAR: Q INSTALLER: LABOR TIME: STOCK NO.: VIN: 4 ;2 5F 0 FUEL E 112 F COMMENTS Seta T.. 2 2Z - FreidY' Mnc: ELECTRICAL FUNCTION []OK Mileage DEALER SIGNATURE: INSPECTOR SIGNATURE: CITY. SHIPPED DESCRIPTION UNIT PRICE AMOUNT e L r7 C_a Seta T.. 2 2Z - FreidY' Mnc: ✓ DEALER SIGNATURE DUE BACK TOTALS -✓ 1 I REGISTRATION CARD VALID FROM: 09/12/2008 : 09 2009 MAKE YR MODEL YR 1ST SOLD VLF CLASS *YR TYPE VEH -#PE L1C CHEV 2003 2003 AP 2009 120 11 l 6HAF005 BODY TYPE MODEL MP MO VEHICLr' CP G QS 2G1WX12K239418315 TYPE VEHICLE USE DATE ISSUED CClALCO DT FEE RECVO PIC I E' AUTOMOBILE 05/19/09 19 04/24/09 3 1871567 ) PR /HIST: SALVAGED PR EX�HATE-i_ / 2008 REGISTERED OWNER SALCEDA LUIS HUMBERTO 3923 LESAGE ST 90262 LIENHOLDER AMOUNT PAID $ 233.00 AMOUNT DUE AMOUNT RECVD $ 233.00 CASH CHCK CRDT 233.00 FO1 576 C8 0023300 0010 CS FO1 051909 11 6HAF005 315 $ AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage y;4 PREPARED BY: Robert S. Torrez, ACM — Admin. & Comm. Svcs. Delania G. Whitaker, Administrative Analyst II* SUBJECT: Consideration of Proclaiming February 2010 As Special Needs Month Recommendation: Staff recommends that the City Council provide direction with regard to the proposal to proclaim February 2010 as Special Needs Month. Background: Children with special needs suffer from physical, learning and mental disabilities that affects their ability function on a day -to -day basis as a child without special needs would. Bringing awareness to issues that children with speical needs endure daily sheds light on the importance of acknowledging their hardships through honoring children with special needs. Discussion & Analysis: At the request of members of the public and the Council, staff has placed this item on tonight's agenda for consideration of the following: • Declare the month of February 2010 as Special Needs Month • Hold a City sponsored breakfast at Bateman Hall for Special Needs children in the community on February 28, 2010, from 9am to 12 noon. • Utilize $2,000 from Mayor Pro Tern Castro's discretionary fund to provide funding for this event • Direct staff to publicize the breakfast in the City's Lynwood N PerspectivA- 23 Fiscal Impact: The cost estimate for the breakfast event is being prepared and will be provided to the City Council at its December 15 meeting. Any other funding sources that may be available in addition to the $2,000 of Council discretionary funds will also be discussed. Coordinated With: City Manager's Office City Attorney Recreation Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROCLAIMING FEBRUARY 2010 AS SPECIAL NEEDS MONTH AND APPROVING THE USE OF $2,000 TO FUND A CITY SPONSORED BREAKFAST FOR SPECIAL NEEDS CHILDREN WHEREAS, children with special needs suffer from physical, learning and mental disabilities that affects their ability function on a day -to -day basis as a child without special needs would; and WHEREAS, bringing awareness to issues that children with special needs endure daily sheds light on the importance of acknowledging their hardships through honoring children with special needs; and WHEREAS, the City of Lynwood has a desire to support efforts of the community and declare February 2010 as Special Needs Month; and WHEREAS, the City of Lynwood wishes to hold a City sponsored breakfast for its Special Needs Children; and WHEREAS, funds are available in the City Council's discretionary account to fund the event in the amount of $2,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council finds that the above recitals are true and correct. Section 2. That the City Council hereby finds that the expenditure of City funds for the City sponsored breakfast for its Special Need Children serves the public purpose of bringing awareness to issues that children with special needs endure daily and sheds light on the importance of acknowledging their hardships through honoring children with special needs. As such, the City Council approves the use of $2,000 in funds to sponsor this event. Section 3. That the City Manager or designee is authorized to transfer $2,000 from the City Council discretionary fund to the Recreation & Community Services special event account. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. That the City Clerk shall certify as to the adoption of this Resolution. 3 PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante Robert S. Torrez City Attorney Assistant City Manager — Admin. & Community Services El S g.53�' /y,. A AGEND ST REP tL DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag4L;W� PREPARED BY: Chondra Handley, Administrative Analyst III ( SUBJECT: Mayoral Appointment for Greater LA County Vector Control District Recommendation: Staff recommends that the Mayor and City Council appoint/re- appoint a delegate and an alternate, to the Greater Los Angeles County Vector Control District Board of Trustees for a two or four year term. Background: The Greater LA Vector Control District is a non - enterprise; independent, special district enabled and empowered to act as a public health agency as a result of legislation incorporated in the California State Health and Safety Code. Discussion & Analysis: Members of the City Council and staff serve on various municipal organizations that require representation of government officers. This participation allows the City to receive beneficial information and resources. The term of the current representative will expire on January 4, 2010. City Council may consider reappointing or appointing a new trustee for a two or four year term on the Board of Trustees. Once appointed, the representative will serve until the expiration of his /her term unless he /she resigns, vacates the office due to absences or is no longer a voter and resident within the respective county or city of the appointing body. i� Fiscal Impact: The recommended action will have no fiscal impact on the City. Coordinated With: City Attorney's Office 12/09/2009 15:43 15629447976 GLACVCD PAGE 01/01 PRESIDENT Cheri Kelley, Nor'Walk VICE PRESIDENT SRlly Flowers, Artesia SECRETARY- THEASUR.ER Owen Newcomer, Whittier BELL Victor acllh BELLFLOWER Ray L Smrth IIELL GARDENS Pedro AKifMna OURBANK Or Jafl D. Walxnn CARSON Hnmld William, CERRITOS N/kirl NnwhMm COMMERCE Hu m ) Ar%umcdf CUDAHY Mlmn DIAMOND BAR Audrey Hnminoa DOWNEY M.1161h N PrrSln, GARDENA Rachel C. John.tm GI.RNOALE 1") P.naA HAWAIIAN GARDENS VICNr Fa1faA HUNTINGTON PARK 05. ramp LAKEWOOD Jomph Elvd-cl LA MIRADA wb, ,jaKla LA HABRA HEIGHTS Jim RemrnFlnn LONG BEACH RnCee Lomphelf LOS ANGELES CITY Alma Martmm LOS ANGELES COUNTY or..fames Law-n LYNWOOD Jim MMnnn MAYWOOD Ana Raw Rirn MONTEBELLO Rn6en Uncap PARAMOUNT Tnm Hanccn PICO RIVERA Rob A,ch.daru, CANFERNANnO VACANT SAN MARINO Dr. Se -Yoh HAM ' ,9AWA CLAaITA RAlon Xmman SANTA rE SPRINGS Mlckacl Meingnl SIGNAL HILL. O, Hmal Wallace SOUTH EL MONTE 9lamv Flpmrm SOUTH UA'A Mario Pawla GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT 12545 Florence Avema, Santa A Springs, CA 90670 Omcc (56]) 944-9656 Fax (56]) 944 -7976 Email', infk)@glacvcd.orE Websitc: WWW elRFvcd -are October 5, 2009 Mr, Roger Haley City of Lynwood 11330 Bullis Rd. Lynwood, CA 90262 GENERAL MA.NAGr Il Kenneth l,. Bayless Re: Appointment/ Re- appointment of representative to the Greater Los Angeles County Vector Control District Board of Trustees Dear City Mana> er Roger Haley: This is to inform you that the term of the office of Trustee .Tim Morton as a member of the Board of Trustees of the Greater Los Angeles County Vector Control District will expirc on January 4, 2010. Pursuant to Section 2024 of the State Health and Safety Code (SHSC) governing the dates of term of office of members appointed to the Board of Trustees, the City Council may consider reappointing Trustee Jim Morton, or appointing a new trustee for a 2 or 4 year term of the office, commencing at noon on the first Monday of January (i.e. January 4, 2010). Please note, per the State Health and Safety Code that representatives must be appointed to serve a full 2 nr 4 year term commencing on January 4, 2010. City representatives should not be appointed on a yearly basis. Please review all subsections of the SHSC 2022 (i.e. a -e). Subsections a and b require that each person appointed by a, board of supervisors or by a city Guunci) shall be a voter and resident within the respective county or city of the appointing body. Section 2022 (c) incorporates language that clarifies the issue over the doctrine of Incompatibility of Office, exempting and enabling an appointee who holds elected offices to also simultaneously serve on the District's Board of Trustees. Once appointed, the representative will serve until the expiration of his/her term unless he/she resigns, vacates the office due to abscuces, or is no IonRcr a voter and resident within the respective county or city of the appointing body. Please make your appointment/reappointment prior to January 4, 2010 . as stipulated in the SHSC. Should you have any questions regarding this trustee appointment, please contact True Dever at S62- 944 -9656. SITIUCI'Cly, 1 0 4 Kenneth L. Bayless GenerAl Manager P.nelosure: Section. 2022 of the SHSC Cc: Trustee Jill) Morton City Clerk A CALIFORNIA GOVERNMENTAL AGENCY PROHaTINCCnp NM HFAIMM COMFORT AND w ,IiARETNRO1 r.FR6 IVEAND Rcs ONSIVRVECTOR CONTROL SINCEIVe1 A GEN DA REP DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Maria Quinonez, City Clerk Kristina Santana, Deputy City Clerk KS SUBJECT: Review of Board and Commission Members & Annual Boards and Commissions Local Appointment List Recommendation: Staff recommends that the City Council review the list of Board and Commission members. After review, the Council may wish to provide staff with direction in filling the current vacancies, which are: Design Review Board, Personnel Board, Planning Commission, Public Safety/Traffic, Youth Commission & Parking Commission (1 vacancy in each), and Women's Commission (3 vacancies). The City Council may further make any other adjustments to these Boards and Commissions, as it deems appropriate, in accordance with the rules outlined below and in the Maddy Act. It is also recommended that the City Council direct staff to post the attached Annual City of Lynwood Boards and Commissions Appointment List, according to Maddy Act requirements. Background: Please find attached the City of Lynwood Boards and Commissions Appointment List, and a public notice identifying the vacancies, with an open until filled deadline and a notice to all applicants that all appointments are subject to the successful passing of a criminal history check. Discussion & Analysis: Per Ordinance No. 1584, and Subsections 2 -12.1 through 2 -12.6 of the Lynwood Municipal Code, describing the provisions of Board and Commission Membe�r (Subsidiary Public Bodies), and the specific (2 -12.4) appointment and term of member— AGENDA I ITEM a. Candidates for appointment to Subsidiary Public Bodies shall be nominated by a Council Member and confirmed by a vote of the Council. The appointed and confirmed candidates shall serve on the Subsidiary Public Bodies to which they have been appointed until the earlier of: 1. A replacement is presented to the Council for confirmation by the appointing Council member. 2. The appointing Council Member's term in office has ended; or 3. The resignation of an appointee. b. Members of Subsidiary Public Bodies shall hold office until their successors are appointed, qualified and take office. C. Any and all provisions of this code relating to terms of office for members of Subsidiary Public Bodies are hereby repealed and shall be governed by the provisions of this section (Ord. #1584, 1). The duty of each Commissioner is to represent the appointing Council Member's interest (Lynwood Municipal Code sec. 2.22.d.1.). City Commission meetings are established to conduct City business. Members shall be residents of the City, and not officers or employees of the City. The City Council may remove any member of any Commission, Board or Committee at any time and without cause; provided, however, that any action of the City Council to remove a member of the Personnel Board from office prior to the expiration of his term shall not be effective unless approved by at least four (4) Councilmembers (Lynwood Municipal Code sec. 2- 12.1). Government Code Section 54970, known as the Maddy Act, requires the City Council to annually, by December 31" of each year, prepare a list of all regular and ongoing boards, commissions and committees, which are appointed by the City Council of the City of Lynwood, with the name of the incumbent appointee, the date of the appointment, the date the term expires and the necessary qualifications of the positions. The Maddy Act requires that this list be posted at the public library and be available to members of the public. Fiscal Impact: Stipends for the Boards and Commissions are currently budgeted at a total of $25 per commissioner per meeting, excluding the Senior Advisory Council and the Veterans Affairs Council, which do not receive stipends. The action recommended in this report will not have a new fiscal impact on the City. 2 Coordinated With: City Manager's Office City Attorney's Office Administrative and Community Services Attachments: Boards and Commissions Local Appointment List 2010 Public Notice Board and Commission Attendance Spreadsheet Fr �m o FDD - - n n � gnm A G �r S3 S S c 3 g m A m C O m m 9 N��rnJ �➢ t �. yF� O � �.-r .0 � FOR tB, ry0 > n 3 $�= A m o ur 3 x� o m 0� K D o_ aA R 2s p r rt A m R 3 m mD E n o: fj P 3 OD a j =4 M N 7 S g v a A 3 m n n < m9 c w CITY OF LYNWOOD PUBLIC*NOTICE OF UNSCHEDULED VACANCY (MADDY ACT) The City of Lynwood encourages interested Lynwood residents to apply for current vacancies on the boards /commissions listed below. Each of the board /commission positions are for partial terms, set to expire on the dates listed below, unless earlier terminated in accordance with the Lynwood Municipal Code. • Design Review Board (1 Vacancy) Expires 12/11 • Personnel Board (1 Vacancy) Expires 12/11 • Planning Commission (1 Vacancy) Expires 12/09 • Public Safety /Traffic & Parking Commission (1 Vacancy) • Expires 12/09 • Women's Commission (3 Vacancies) 2 vacancies expire 12/09, 1 expires 12/11 Youth Commission (1 Vacancy) Expires 12/09 I L � d �= r All of the members of the above boards /commissions must be residents of the City of Lynwood. The respon- sibilities and qualifications of each board /commission listed above are further set forth in the Lynwood Municipal Code. m Ln m II LW 13 ME w m m Z Z D II Z O z m m Z Gl m m r O D m m D m m Z m X n C m v N D ID — D m 0 p ° fD v y O m n N m ° a a N -1 D T c1 N O N 1 O O o 3 O A z G )y d D°i R < O v A d N D Z 0 rD v m m • m � DJ r c Z G o 0 0 A � N fD fD C O A P1 v v p v D N Z y LA T fD (D N L m O W � � 3 D v D v D D O A v Z D v D v v Z v v v v v m A v v v v 3 v v v v D 3 D v v D v D A D v v v I TM y v v v v C z l z l z lg e z z z z D v 3 v v v D D D D Gcl v v v v rn v v v v C v v D v D Z A 1 v v v D 0 v v C v D D v v Z O v v D v v y C v D m m 'D v G1 P D ID — D m 0 p ° fD v y O m n N m ° a a N -1 D T c1 N O N 1 O O o 3 O A z G )y d D°i R < O v d Z o D � d d 2 Z T s d m N c Z G o C A ° N fD fD C O N P1 p N 3 LA fD (D N L O Z D v D v v D O Z D v v v v Z v v v v v m D w v v v v v 3 D v v D D D A D v v v v y v v v v v 3 z l z l z lg A v v D v v 3 v v v v v D v v\ D D D v v v v v C v v D v D Z A b m v v D v v C v D D v v lm C v v D v v y C v D v 'D v G1 Z C m m Z Z Z Z� i v v v D v y v v D v v p D v v D v m v v D c 0 1 v v III v v ; 1 1 < 0 D D D D W x r D N m O n m M N d D°i n < O v d Z o � d d 2 Z c s d m N c Z G o C A ° N fD fD C x N P1 p N 3 O fD (D N 3 L O O Z v v Z v v v v v D D m Z D v v D D m W v v v v v 3 z l z l z lg D A v v v v v y v v\ D D D A v v D v D 3 A b D v v D 3 v D D v v lm C v v v v v Z m v D v 'D v Z C m Z Z Z Z Z� i v v v D v y D D D D D C D v v D v m v v D c 0 1 v v v v v p D D D D 1 v D D v v z m m z z O z z z 0 v D D D D D m f1 W x A= D N m m fD M N O d < O v d Z o n d d 2 Z c s d m Q c Z w m n Gl fD fD fD ~ O N P1 p o 3 3 L O Z v v v >F v D m Z v v v T T Z Z Z z l z l z lg D D D D D D A v v\ D D D v m A b v v D 3 D lm e v v v v v D C Z m Z Z Z Z Z� \ D D D D D D v v v v v v D c 0 Z Z Z Z Z Z M D D D D D D i z z z z z z 0 D D D D D D Z v m A M fD 0 N O O l0 is v A N m G im 0 m m Z 1 z D u Z O Z m m Z O m m r O D m m u D m z m X n C m 0 N — D m v 7c n m d J J m °» N w w - m A d d c v n w O WQ O W N P d T n p D O M 2 v w M v J 0 CL 00 C v J n m C m D d y N m m d v � v z � D D Z A v v v v O c m A v v W v v v v v 3 m a O v v v v v A v v v v v D v D D v v V D D v D v A v v v v v 3 m W v v v D 3 3 v v v v v a A D v C D D v D Z 1 v v v v v m v v v v z c z z z z 3 D D D D v v D O v v v v v a m C v D F n G1 v v v v v m v D D D D D D 0 G1 v Z z Z Z Z 0 D D m m D D D D D 1 Z Z Z z Z Z v D D D D O D D D D D O M Z Z Z Z Z O v 3 D D v m D D D D D n w O 0 3 { ° m d J o c O N m w - m A d d c o W 6 m O D N (D �,q O n O M 2 v w H v D 0 CL N v v J n m m D d m m d v v v z D n A v v v v O c C A v v z v v 3 Q m O v v v v v Z Z v v D D v v Z D D v D v m v i v v v v v m W v v v D 3 3 v v v a a A D v A D D v D D 1 v v v v v �o v v v v 3 A z z z z 3 D D D D v v D O v D D Z m c v D F n Z C m v D D D D D D C G1 v v D v v D m m D v C 1 v - 57 D T D G7 v D D D D m Z O M v v D D v 0 n v D D D D z O Z z z z Z a M D D D D D n w O 0 3 { ° m d J o W Z 3 A d d n O C O n v D v v D Z v v v O m N m m V v v v z D A v v v v O c A v v v v v 3 m O v v v v v Z Z v v D D v v D v v z v v v v i v v v v v m W v D v v 3 v v v v v a A D v v v D 1 v v v v v A v v v v 3 v v v D O C Z m D v D v n C { D v D D D C G1 v v D v m m v 1 v - 57 D D D 0 Z O v m n m 0 O n N c d m Z 3 m m J A y ro m d J » D W Q a d m D O A D G N n O C Z n v D v v D Z v v v v m W V v v v 3 D A v v v v D c A v v v v v 3 v v v v v C Z m v v D v v C i v v v v v y C v v v v v m v 1 v v v v v p O l z v m n n O {A H O 3 (D H D rt (D 3 O. d 3 A (D (D O i N O O A Z G 11 E W m Z Z D u Z O m m Z Gl 2 m r D D m u D W N m z m x n c m O w r D 2 O D ` O N OI r y G1 RL _ N '00 s n R CD C N N C fD O v Z O 0 o - a D 3 O m r rD N p 3 N H W n O D A O O Z Z Z Z z v D v v D z Z Z Z Z m z v m D v v v , Z Z Z Z m D D D D A W z z z D D D D D A z D z z 3 A v D v v D z � v D D D Z A n D v v C i v v v a D D D C Gl z z 1 z D m D v D D C Z z z Z 0 m r v D > D > D > D v D Z C O G G1 D v n n D m A m v - 0 1 > D v v 0 n 1 v v v D D v v Z O G Z Z Z z Z Z Z O D D D D n J'�� r D 2 O D ` O Z A r D m (b 0 N 0 � d lD G o rn J W O D A O Z Z Z Z D D D D z Z Z Z Z m m D D D D , Z Z Z Z D D D D A z z z z D D D D D A z z z z 3 z z z z � D D D D Z n D v v C r v v v a D C Gl z z z Z D D D D Z z z Z 0 D > D > D > D .� Z O G v m A fp Z N O O l0 s AGENDA STAFF REPORT DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Deborah Jackson, Director of Neighborhood Servi es Vianca Hildreth, Office Assistant II SUBJECT: Block Watch Captain Request for Special Permit: Duncan Avenue — Street Closure for Christmas Posada Recommendation: Staff recommends that the City Council review the request and provide direction. Background: Block Watch Captain Rosas is requesting to close a portion of Duncan Avenue (between Beechwood Avenue and Elmwood Avenue) to conduct a Christmas Posada on Wednesday, December 23, 2009 from 11:00 a.m. to 11:00 p.m. Discussion & Analysis: The applicant is requesting a street closure. Vehicle Code Section 21101(e) authorizes the City to close the street, if by Resolution it finds that the closure is necessary for the safety and protection of persons in attendance at the Posada. Conditions: • Sheriffs Department — The Sheriff's Department approved the street closure with the conditions that there will be no alcohol. • Fire Department — The Fire Department approved the street closure with the condition that there is a 12 foot emergency lane, clear for Fire Department use if needed. • Public Works — The Public Works Department approved the street closure with the condition that the street would be closed for a maximum of four hours only and street to be re- opened by 6:00 p.m., barricades need to be manned at all times for the duration of the event and both street and public right -of -way needs to be cleaned by the end of the event. r'er 097IMM Options for City Council Consideration 1. Approve the request for the street closure with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. 2. Require residents to shorten time length of event in order to decrease the possibility of paying staff members' overtime. 3. Deny the request. Fiscal Impact: This request requires a payment of $538.00 for the street closure permit fee. The date of the requested closure is close to a holiday when many City Employees request time off. Therefore, a shortage of staff may require on duty staff to work overtime. Coordinated With: LA County Sheriff's Department LA County Fire Department Public Works Department Attachments: Application for Special Permit RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE STREET CLOSURE FOR CORTLAND STREET WITH NO WAIVER OF THE PERMIT FEES IN THE AMOUNT OF $538.00 WHEREAS, a request was made by the residents of Duncan Avenue to close a portion of Duncan Avenue (between Beechwood Avenue and Elmwood Avenue); and WHEREAS, the purpose of the closure is to host a Christmas Posada; and WHEREAS, the residents of Cortland Street are requesting the street closure for Wednesday, December 23, 2009 from 11:00 a.m. to 11:00 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds that the temporary closure of Cortland Street (between Beechwood Avenue and Elmwood) for the Christmas Posada celebration is consistent with the requirements of vehicle code section 21101 (e) insofar as such closure is necessary for the protection and safety of persons who are to use that portion of the street during the temporary closing. As such, the City Council hereby approves such temporary closure on December 23, 2009 from 2:00 p.m. to 6:00 p.m. pursuant to City safety standards and warnings. Section 2. The City Council approves the street closure with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 15` day of December, 2009. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk Roger L. Haley, City Manager 3 APPROVED AS TO FORM Fred Galante, City Attorney APPROVED AS TO CONTENT: Deborah L. Jackson, Director Neighborhood Services Department M Lynwood, CA Lo siguente es una lista de vecinos que estop de acuerdo para la organization de la posada del dia 12 -23 -09 en la calle Duncan: The following list of signatures reflect those neighbors that reside on Duncan Ave. between Elmwood and Beechwood Avenues, that support the closure of the street for the Posada celebration Z- 13.. Y r , 14. q `— 15 . Z4 cr ris;d;c, 16. rSv5 Ael' -r-4 %M -�i. �, I it 23. an On 12- 23 -09: wocib CITY,OF LYNWOOD APPLICATION FOR SPECIAL PERMIT 11330 BULLIS ROAD LYNWOOD, CA 90262 310.603 -0220 ` T� APPLICANT INFORMATION: ANAME IEI'n n�rD ICOSO.s CYV7 CDL# 2 ° j PHONE(3)0 6/7- 6 ADDRESS: 13,(, DU/jco-y{ r AU CITY: yAjW ZIP: 9 626 OCCUPATION: - W1.tDL0 - A!ei4146bk�h0 ®r/13/ NUMBER OF PERSONS EMPLOYED: SSE: I (State Board of EQualiiatton Number) EVENT INFORMATION TYPE OF PERMIT REQUESTED: _ STV BPt . t DATE(S) OF EVENT L Z -- 2 HOURS OF OPERATION: A P , ( T ADDRESS OF PROPOSED EVENT LOCATION: /// .DU ica 7 6u SPECIFIC AREA DESIGNATED FOR EVENT: �e We n c!- 1•W�b LUMP U/1 �n IS STREET CLOSURE BEING REQUESTED: ES NO (CIRCLE ONE) (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) p�sn 2 IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: - HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES NO IF YES, WHERE WHE //— ?3 — QRi ' IS THIS A FOR- PROFIT :OR PROFIT EVENT?.(CIRCLE ONE) ., ,l tr'i Y ! I f Falls+ ^r{ IF ^THIS ° IS A NONPROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDSt5ENEFIT A 1 - 1 NAME OrARGANIZAjI ,(�N;BEING,QENEFITED:_ STATE NON - PROFIT NUMBER: A� ADDRESS OF ORGANIZATION. t IS A WAIVER OF FEES BEING REQUESTED: YES . NO .. IF YES, EXPLAIN: A NEGOTIATED PERCENTAGE "OF'THE PROCEEDS IS REQUESTED TO BE DONAITED.TO THE CITY I HEREBY CERTIFY THAT ALL' ; :TATEMENTS. MADE. IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS, OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES'AND:DENIAL OF PERMIT. = " of 3o SIGN RE OF APPLICANT, T. DA A -f,-a `�osas C �l 3n -o9 SIGMATURE OF APPLICANT - DATE ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. THIS PERMIT REQUIRES CITY COUNCIL APPROVAL. YOU WILL BE NOTIFIED ACCORDINGLY. a I FOR CITY USE ONLY CITY CLERK: CONFLICT WITH PRIOR. APPROVED EVENTS: YES . IF CONFLICTS EXIST, DESCRIBE: NO 'EVENT DATE APPLICANT I-IRE DEPT: APPROVED /NO CONDITIONS APPROVED WITH CONDITIONS: C ENTS: /CONDITIONS FOR APPROVAL: j 1s, c' SIGNATURE. DATE . SHERIFF'S DEPT: APPROVED /NO CONDITIONS PROVED.WITH CONDITIO S: COMMENTS: /CONDITIONS FOR APPROVAL: c- co, r PUBLIC WORKS APPROVED /NO CONDITIONS APPROVED W ITH CONDITIONS' COMMENTS: /CONDITIONS FOR APPROVA) COMM. DEV. DEPT. APPROVED /NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS: /CONDITIONS FOR APPROVAL:' N I SIGNATURE DATE RECREATION DEPT. APPROVED /NO CONDITIONS" APPRUVEDWITH CONDITIONS: COMMENTS :lCONDITIONSPOR APPROVAL , u u - SIGNATURE DATE i APPROVED /DENIED BY;CITY COUNCILON. "- ,. I APPLICANT NOTIFIED: AKiNATURE DATE L$ DATE: December 15, 2009 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana er PREPARED BY: Perry Brents, Director — Recreation and Community Services S6 SUBJECT: Parking and Business Improvement District (P.B.I.D.) Acceptance of the Annual Spending Plan Recommendation: Staff recommends that the City Council accept the PBID proposed spending plan for FY 10 and set the date of the Public Hearing for January 5, 2009 to obtain constituent input and comments regarding the intention of the City Council to continue the annual assessment upon business enterprises in the Lynwood Parking & Business Improvement District. Background: The PBID Advisory Board in accordance with the Brown Act, met to discuss and make recommendations for the PBID 2009 -2010 fiscal year's budget. Staff is recommending that the City Council accept the PBID Advisory Board's proposed spending plan, and set the date of a Public Hearing for January 5, 2010 to adopt the FY10 PBID assessment. Discussion & Analysis: PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The Lynwood City Council designated the Design Review Board with the additional duties of PBID Advisory Board. The PBID Board, in its meeting of Wednesday, November 25 2009, accepted a presentation from staff and voted to present to City Council a spending recommendation of $135,000. Funds assessed in the District must be used to benefit the businesses. The spending plan adopted by the PBID Board is based on the needs of the District as determined by the completion of a Needs Assessment to identify cost AGENDA and issues involved with maintaining and improving the City's business area ITEM (see attached Assessment Report). 21 The PBID spending plan is for projects that meet the criteria established by ordinance and include: • Marketing • Paint • Steam cleaning equipment • Maintenance of the surveillance cameras. In addition, there is $18,500 left unspent from last fiscal year which is being recommended to be kept in reserve. Expenses regularly /historically arise that exceed the budgeted costs and the $18,500 is a reasonable estimate of such additional expenses. SPENDING PLAN: A summary of the spending plan as well as the proposed activities and budget for the new fiscal period are provided below: • Special Events Business Program $ 35,000 • Pole Banners /Advertising Program $ 30,000 • Graffiti Removal Paint $ 15,000 • Pressure Washer $ 25,000 • Surveillance Camera Maintenance 30,000 TOTAL ALLOCATION $135,000 RESERVE FUND (FY 2008/09) $ 18,500 Fiscal Impact: The annual PBID assessment is billed through the Business License System. The proposed expenditures are approximately $135,000. It is estimated that a PBID assessment equal to 50% of the annual Business License Fee will result in sufficient revenue to cover the costs that are exclusively for the benefit of the Parking and Business Improvement District. Please note that the proposed assessment is equal to each annual assessment since the PBID was established in 1986. Coordinated With: Finance Department City Attorney Development Services Attachment: PBID Assessment Report 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE PBID PROPOSED SPENDING PLAN AND SETTING THE DATE OF A PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY REGARDING THE CITY'S INTENT TO LEVY A CHARGE (ASSESSMENT) AGAINST BUSINESS ENTERPRISES IN THE LYNWOOD PARKING AND BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2009 -2010 WHEREAS, the City of Lynwood ( "City ") is a general law city organized and existing under the laws of the State of California; and WHEREAS, pursuant to the Parking and Business Improvement Area Law of 1979, former Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code, the City Council adopted Ordinance No. 1262 establishing a parking and business improvement area; and WHEREAS, the City's parking and business improvement area includes all of the territory within the exterior boundaries of the City, as the same existed in 1986 on the date of adoption of Ordinance No. 1262; and WHEREAS, the Law requires that the City Council appoint an advisory board for the City's parking and business improvement area and annually undertake proceedings to levy a charge (assessment) against every business enterprise located therein; and WHEREAS, the City Council has accepted a spending plan recommended by the PBID Advisory Board for the City's parking and business improvement area for fiscal year 2009 -2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. The City Council has declared its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect a charge (assessment) in an amount equal to 50% of the business license tax payable by every business enterprise during fiscal year 2009 -2010. The charge is due and payable at the same time and same manner that the business license tax is paid and is subject to the same penalties and interest for nonpayment. Section 2. The proposed uses of the revenues derived from charges (assessments) levied against business enterprises in the Parking and Business Improvement District are for the following activities: (a) The general promotion of business activities in the city. (b) The furnishings of paint for the removal of graffiti. (c) Pole banners and advertising. (d) The purchase of a pressure washer to clean sidewalks and streets in front of businesses. (e) Surveillance camera maintenance. Section 3. The boundaries of the Lynwood parking and business improvement area include all of the territory within the exterior boundaries of the City. Section 4. The Advisory Board report for fiscal year 2009 -2010 is on file with the City Clerk and available for public inspection. Reference is made to that report for a description of the activities to be provided for fiscal year 2009 -2010. Section 5. A Public Hearing concerning levying a charge (assessment) against all business enterprises in the Parking and Business Improvement District for the 2009 -2010 fiscal year will be held on January 5, 2010 at 5:00 p.m., at the City Council's regular meeting to be held in the City Council Chambers at 11330 Bullis Road, Lynwood. At the Public Hearing, the City Council will hear and consider all protests and receive evidence, including written protests, for and against levying a charge against business enterprises in the parking and business improvement area during the 2009 -2010 fiscal year. PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk Roger L. Haley, City Manager APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Perry Brents, Director Recreation & Community Services 2 STATE OF CALIFORNIA } }ss COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 15 day of December, 2009 and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA } }ss COUNTY OF LOS ANGELES } City Clerk, City of Lynwood 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 15 day of December, 2009 City Clerk, City of Lynwood 3 ESTIMATE OF COSTS The estimate of the costs to provide the recommended improvements and activities within the Parking and Business Improvement District for Fiscal Year 2010 are as follows: • Special Events Business Program $35,000 • Pole Banners /Advertising Program $30,000 • Graffiti Removal Paint $15,000 • Pressure Washer $25,000 • Camera Maintenance $30,000 TOTAL ASSESSMENT $135,000 ASSESSMENT ROLL There are approximately 2,200 licensed businesses within the boundaries of the Parking and Business Improvement District. Each business is required to pay a business license fee in amounts consistent with the number of employees per the business and by the type of operation(s). The average business license is charged at a rate between $100 and $185 per business. METHOD OF LEVYING ASSESSMENT The annual PBID assessment is billed through the Business License System. As the proposed expenditures are approximately $135,000, it is estimated that a PBID assessment equal to 50% of the annual Business License Fee will result in sufficient revenue to cover the costs that are exclusively for the benefit of the Parking and Business Improvement District. The required assessment rate is comparabe to prior year's assessments. Assessments can be collected in one annual installment at the beginning of the assessment period, and can be pro -rated for new businesses that open at some stage during the assessment period. The assessment is paid to the City together with the business license fee. SURPLUS REVENUE There is $18,500 left unspent from last fiscal year. It is being recommended that these revenues be kept in reserve for unanticipated needs during the year. o A GEN D A ST • R DATE: December 15, 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 SUBJECT: Water Rate Increase Deferral Recommendation:' Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING DEFERRAL OF THE NEXT SCHEDULED 5% WATER & SEWER RATE INCREASE FROM JULY 1, 2010 TO JULY 1, 2011 ". Background: At the City Council meeting of November 17, 2009, City Council discussed and approved deferring the next scheduled water /sewer rate increase from July 1, 2010 to July 1, 2011. Discussion and Analysis: The deferred July 1, 2010 rate adjustment, which will be implemented on July 1, 2011 will be the last of the previously approved rate increases; the rates are scheduled to be increased by 5 %. This applies to all utility customers, both residential and commercial. The City will have to consider future rate increases to keep up with increasing operational costs, for example; the Metropolitan Water District (MWD) has recently increased their water rates and infrastructure rates and future rate increases are anticipated from this agency; the Water Replenishment District (WRD) has also increased rates and in addition the State mandated Sanitary Sewer Management Program (SSMP), which is an extension of the National Pollutant Discharge Elimination System (NPDES) will add additional costs to the city's sewer utilities operations. Plus the recently completed Sewer System Master Plan identifies approximately $21 million of needed sewer improvements which must be done to comply with the State SS GENDA requirements. ITEM Also, when the City approved the original issuance of the 1995, 1999 and 2003 water bonds, as well as the 2008 and 2009 bonds issued to refinance the 1995 and 1999 bond, the City entered into a legally binding agreement (a rate covenant) which basically requires that the City set rates sufficient to pay for all costs and sufficient to yield net revenues equal to 125% of the bond payments. Deferring the scheduled rate increase by one year will reduce the projected revenues; nonetheless, the City may still be able to meet the rate covenant for FY 10. However, the City will likely not be able to meet the rate covenant in subsequent years without annual rate adjustments to keep up with the growing operational costs. The City must also maintain a healthy reserve to address any major system emergency. As such, in FY 2011 -12 the City will have to adopt a new rate structure and a 5- or 10- year plan with scheduled increases of no less than 3 %. Staff will conduct a rate study at that time and will proceed as required by proposition 218 procedures. Fiscal Impact: Deferral of the scheduled July 1, 2010 water /sewer 5% rate increase to July 1, 2011 will cost the City $521,500 in revenue. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING DEFERRAL OF THE NEXT SCHEDULED 5% WATER & SEWER RATE INCREASE FROM JULY 1, 2010 TO JULY 1, 2011 WHEREAS, the next scheduled water rate increase was to take effect on July 1, 2010; and WHEREAS, due to the economic recession, on November 17, 2009 City Council directed staff to defer the next schedule water /sewer rate increase of July 1, 2010; and WHEREAS, the next water /sewer rate increase is deferred to July 1, 2011. NOW, THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That next scheduled 5% water /sewer rate increase scheduled to take effect on July 1, 2010 is hereby deferred to and shall take effect on July 1, 2011. The approval to defer such increase is intended as a delay on the scheduled increase and not as any decision to forego the July approved rate increase. As such, no further City or rate payer action shall be required on July 1, 2011 when the deferred increase shall take effect. Section 2 . This resolution shall go into effect immediately upon its adoption. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 15 day of December, 2009. Maria T. Santillan Mayor ATTEST: Maria Quin6nez 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 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 20_, 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 , 20 City Clerk, City of Lynwood 5