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HomeMy Public PortalAbout12-19-1995CCL).jL S. N­­ EM CITY COUNCIL AGENDA City Manager's Approval DEPARTMENT City Clerk's Office DATE: December 19, 1995 UBJECT : Information Only - Planning Commission COMMENTS: • The term of Comimssoner Carlon McMiller, Planning Commission will expire January, 1996. RECD ro, I�CMENDAT I ON � Nominations at Councihs regular meeting of January 2, 1996. Appointment at Councils reguar meeting of January 16, 19976. agenda /discussion In Cit of LYNWOOD , ALL - AMERICA CITY �-A City - MeetiAg NaPPenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 INTER OFFICE MEMO DATE: TO: FROM: BY: December 19, 1995 Honorable Mayor and Councilmembers Faustin Gonzales, City Manage Andrea L. Hooper, City Clerk' SUBJECT: Information Only one (1) Vacancy - Planning Commission The term of Commissioner Carlton McMiller, Planning Commission will expire January, 1996. Nominations at Councils regular meeting of January 2, 1996. Appointment at Councils regular meeting of January 16, 1996 DISCUSSION STEM CITY COUNCIL AGENDA City Manager's - Approval DEPARTMENT City Clerk's Office DATE: December 19, 1995 S UBJE CT : information Only _ Community Development Block Grant Advisory Board COMMENTS: The term of Commissioner Margaret Araujo Community Development Block Grant will expire in January, 1996. Nominations at Councils regular meeting of RECOMMENDATION, Janurary 2, 1996. Appointment at Councils regular meeting of Janurary 16., 1996. agsnde /discussion City of LYNWOOD now All - AMERICA CITY LA City v_Meettng NoRenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 INTER OFFICE MEMO DATE: TO: FROM: BY: December 19, 1995 Honorable Mayor and Councilmembers Faustin Gonzales, City Manage Andrea L. Hooper, City Clerk SUBJECT: Information Only one (1) Vacancy Community Development Block Grant Advisory Board The term of Commissioner Margaret Araujo Community Development Block Grant will expire in January, 1996. Nominations at Councils regular meeting of January 2, 1996. Appointment at Councils regular meeting of January 16, 1996. D I S r S I ON STEM CITY COUNCIL AGENDA City Manager's Approval DEPARTMENT City Clerk's Office 3 0 DATE: SUBJECT: COMMENTS: 0 December 19, 1995 Appointment - Community Affairs Commission At Councils regular meeting of December 5, 1995 the following were nominated to the five (5) vacancies on the Community Affairs Commission. Councilman Heine nominated seconded by Councilman Henning to reappoint - Commissioner Lucille Walker, David Litsinger., A. Ann Fields, Yolanda Bays and Lorna Hawkins tothe Community Affairs Commission.. RECOMMENDATION® r Appointment is order. agenda /discussion • • City of LYNWOOD asma ALL- AMERICA CITY L A City v- Meetoq ChaRch9 s 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 INTER OFFICE MEMO DATE: TO: FROM: BY: December 19, 1995 Honorable Mayor and Councilmembers Faustin Gonzales, City Manage Andrea L. Hooper, City Clerk SUBJECT: Appointment - Community Affairs Commission At Councils regular meeting., of December 5, 1995 the following were nominated to the five (5) vacancies on the Community Affairs Commission. Councilman Heine nominated seconded by Councilman Henning to reappoint - Commissioners Lucille Walker, David Litsinger, A. Ann Fields, Yolanda Bays and Lorna Hawkins to the Community Affairs Commission. Appointment is in order. 4 City of LYNWOOD .11•AM!!N. CII1 �-A C(ty JUeettng CkaQQeng 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 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 CONSIDERATI0 y AT THE MEETING OF THE LYNWOOD CITY COUN 11 ITY of LYN TO BE HELD ON DECEMBER 19 195 CITY -! c 7:30 P.M. , PAUL H. RICHARDS, H MAYOR LOUIS J. HEINE MAYOR PRO TEM ROBERT HENNING COUNCILMEMBER CITY MANAGER FA.USTIN GONZALES CITY CLERK ANDREA L. HOOPER OPENING CEREMONIES 1. CALL TO ORDER CITY TREASURER IRIS PYGATT 2. INVOCATION - Rev. John Hopkins True Vine Missionary Baptist Church 3. PRESENTATION OF COLORS 4. PLEDGE OF ALLEGIANCE 5. ROLL CALL OF COUNCIL MEMBERS Paul Richards Louis Byrd Louis J. Heine Robert Henning mmuldo Rea 'ERTIFIC.ATION O F AGENDA POSTING BY CITY CLERK PM t Ice LOUIS YRD COUNCILMEMBER ARMANDO REA COUNCILMEMBER CITY ATTORNEY WILLIAM B. RUDELL CITY COUNCIL MEETING OF DECEMBER 19, 1995 7 MINUTES OF PREVIOUS MEETINGS Regular Meeting of December 05, 1995 Special Meeting of December 12, 1995 8 COMMENDATIONS /RESOLUTIONS /PRESENTATIONS A Monellis "Money Pittman" B Safe kids information project 9 COUNCIL RECESS TO LYNWOOD REDEVELOPMENT AGENCY PUBLIC HEARINGS `RIORP PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) 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 be removed from the Consent Calendar for separate action 10 ATLANTIC AVE /PENDLETON AVENUE STREET LIGHT IMPROVEMENT PROJECT (LRA, LYNWOOD CENTER PROJECT) PROJECT NO 5 -5161, FY 1995 -96 PURCHASE OF MATERIALS AND SUPPLIES THROUGH INFORMAL BIDS Comments The Atlantic Ave /Pendleton Ave Street Lighting Project consists of the installation of a new lighting system on portions of Imperial Hwy , Pendleton Avenue and Abott Road The new lighting system can be built more economically and expeditiously by using an informal bid process to purchase needed materials and supplies Recommendation To recommend that the City Council adopt the attached resolution authorizing the purchase of materials and supplies for the Atlantic Ave /Pendleton Ave. Street Lighting Improvement Project, Project No 5 -5156 through an informal bid procedure `A { CITY COUNCIL MEETING OF DECEMBER 19, 1995 11 TO REQUEST CITY COUNCIL'S APPROVAL OF AN URGENCY ORDINANCE ADOPTING BY REFERENCE THE LATEST EDITIONS OF THE 1994 UNIFORM BUILDING CODE, 1994 UNIFORM HOUSING CODE, 1993 NATIONAL ELECTRICAL CODE, 1994 UNIFORM PLUMBING CODE, 1994 UNIFORM MECHANICAL CODE, AND THE 1994 EDITIONS OF THE ABATEMENT OF DANGEROUS BUILDINGS AND BUILDING CONSERVATION CODES Comments The City is required by state law to administer the enforcement of minimum building standards to safeguard health, safety and general welfare by regulation and control of the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings within the City The attached urgency ordinance amends Chapter 11 of the Lynwood Municipal Code adopting the latest editions of the building, plumbing, electrical and mechanical codes with various appendixes Recommendation Staff recommends the approval of the attached urgency ordinance 12 OLYMPIC TORCH RELAY PROGRAM Comments The City of Lynwood has been contacted to participate in the "Five City Torch Relays" in celebration of the 1996 Summer Olympic Games to be held in Atlanta, Georgia in the Summer of 1996 Recommendation Staff respectfully recommends that the Mayor and City Council authorize the involvement of the City of Lynwood in this important program 13 ALCOHOL AND SUBSTANCE ABUSE POLICY Comments: To implement federal drug and alcohol testing regulations to provide safe, reliable service to the community and to maintain a safe, healthful and productive work environment free from the influence of alcohol and drugs which increases the potential for accidents, absenteeism and substandard performance Recommendation That the City Council adopt the attached resolution entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CITY OF LYNWOOD ALCOHOL AND SUBSTANCE ABUSE ADMINISTRATIVE POLICY" 3 CITY COUNCIL MEETING OF DECEMBER 19, 1995 14 DRUG TESTING ADMINISTRATOR Comments To enter into a service agreement with Addiction Medicine Consultants, Inc (AMC) for the purpose of administering the full program administration for Department of Transportation (DOT) Mandated Drug and Alcohol Testing Programs Recommendation: That the City Council approve the attached Addiction Medicine Consultants, Inc Service Agreement and authorize the Mayor to execute the agreement 15 PRESENTATION OF CERTIFICATES OF APPRECIATION FOR THE LYNWOOD STUDENT TRAINING PROGRAM PARTICIPANTS Comments The City of Lynwood set up a Public Works' Construction Training Program in June 1994, to train Lynwood's youth recently graduated from high school The program trains the students in various construction trades by having them actually work on the various capital improvement projects This second class will complete its training session on December 31, 1995 A new contingent of student trainees will be hired to work on the Water Bond projects Recommendation It is recommended that the City Council review the Lynwood Student Training Program, present the program participants with certificates of appreciation, and have City Council receive and file this information 16 RESOLUTION ORDERING THE CANVASS OF THE SPECIAL ELECTION Comments "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, DECEMBER 19, 1995, TO BE MADE BY THE CITY CLERK" Recommendation That the City Council approve said resolution 17 WARRANT REGISTERS a Tree of Life -Youth Trainee, dated November 30, 1995 b Positive Motion -Youth Trainee, dated November 30 , 1995 c City of Lynwood, dated December 19, 1995 Recommendation It is recommended that the City Council approve the Warrant Registers 4 CITY COUNCIL MEETING OF DECEMBER 19, 1995 DISCUSSION ITEMS 18 LONG BEACH BOULEVARD SAFETY /BEAUTIFICATION PROJECT Comments: The project encompasses the construction of landscaped median islands, pedestrian fences, decorative light planters, landscaping, etc on Long Beach Boulevard from Josephine St to Mulford Avenue Staff has completed several design concepts for this project which include options on palms /trees, City entry markers, decorative fences, planters, etc Recommendation It is recommended that the City Council review the preliminary design concepts for the Long Beach Boulevard Safety /Beautification Project and advise staff on their preferences 19 VACANCIES Comments The terms of Community Development Block Grant Advisory Board Commissioner Margaret Araujo and Planning Commissioner Carlton McMiller will be expiring in January, 1996 Recommendation Nominations at Council's regular meeting of January 2, 1996 Appointment at Council's regular meeting of January 16, 1996 20 APPOINTMENTS - COMMUNITY AFFAIRS COMMISSION Comments Nominations for current vacancies on the Community Affairs Commission were held at Council's regular meeting of December 5, 1995 Mayor Pro Tem Heine and Councilman Henning nominated Commissioner Lucille Walker, David Litsinger, A Ann Fields, Yolanda Bays and Lorna Hawkins for reappointment to the Community Affairs Commission Recommendation Appointments are in order E • s CITY COUNCIL MEETING OF DECEMBER 19, 1995 PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA., THERE SHOULD BE NO SUBSTANTIVE DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE_ DISCUSSION. FOR A FUTURE MEETING (The Ralph M Brown Act, Government Code Section 54950 - 54962, Part III, Paragraph 5 ) COUNCIL ORAL AND WRITTEN COMMUNICATION 21 MAYOR LOUIS BYRD 22 MAYOR PRO TEM LOUIS J HEINE 23 COUNCILMAN ROBERT HENNING 24 COUNCILMAN ARMANDO REA 25 COUNCILMAN PAUL H RICHARDS, II CLOSED SESSION 26 ,CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (C) of Section 54956 9 1 potential case ADJOURNMENT MOTION TO ADJOURN TO A REGULAR MEETING ON JANUARY 2, 1995 AT 7 30 P M IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. n LYN CITY COUNCIL, DECEMBER . 1995 The City Council of the City of Lynwood met in a Regular Session in the City Hall, 11330 Bullis Road on the above date at 7:35 p.m. Mayor Byrd presiding. Councilmembers Heine, Henning, Rea, Richards and Byrd answered the roll call. Also present were City Manager Gonzales, City Attorney Rudell, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced the Agenda had been duly posted in accordance with The Brown Act. It was moved by Councilmember Heine, seconded by Councilmember Henning and carried to approve the following minutes: a) Regular Meeting, November 21, 1995. It was then moved by Councilmember Henning, seconded by Councilmember Rea to adopt: RESOLUTION NO. 95 -185 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 1995, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ". ROLL CALL: AYES: . COUNCILMEMBER HEINE, HENNING, REA, RICHARDS, BYRD NOES: NONE ABSENT: NONE Mayor Byrd announced the time had arrived for the swearing in ceremonies. Mayor Byrd administered Swearing Oath of Office to City Clerk - elect Andrea L. Hooper. City Clerk Hooper administered Swearing in Oath of Office to City Councilperson -elect Louis Byrd. City Clerk Hooper administered Swearing in Oath of Office to City Councilperson -elect Louis J. Heine. City Clerk Hooper administered Swearing in Oath of Office to City Treasurer Iris Pygatt. City Treasurer Pygatt introduced her family. City Council congratulated all reelected members and wished them well. Mayor Byrd announced the time had come for nomination of Mayor. It was moved by Councilmember Byrd, seconded by Councilmember Heine to nominate Councilmember Richards for Mayor. It was moved by Councilmember Heine to close nominations. Motion died for lack of second. City Clerk Hooper called for any further nominations. It was moved by Councilmember Heine, seconded by Councilmember Richards to close nominations. ROLL CALL: COUNCILMEMBER HEINE: RICHARDS COUNCILMEMBER HENNING: ABSTAIN COUNCILMEMBER REA: ABSTAIN COUNCILMEMBER RICHARDS: RICHARDS COUNCILMEMBER BYRD: RICHARDS AGENDA ITER _q__ City Clerk Hooper stated nominations for Mayor Pro -Tem are now in order. It was moved by Councilmember Richards, seconded by Councilmember Byrd to nominate Councilmember Heine for Mayor Pro -Tem. It was then moved by Councilmember Richards, seconded by Councilmember Heine to close nominations. ROLL CALL: (to close nominations) AYES: COUNCILMEMBER HEINE, RICHARDS, BYRD NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER HENNING, REA ROLL CALL: (for Mayor Pro -Tem) COUNCILMEMBER HEINE: HEINE COUNCILMEMBER HENNING: ABSTAIN COUNCILMEMBER REA: ABSTAIN COUNCILMEMBER RICHARDS: HEINE COUNCILMEMBER BYRD:. HEINE Mayor Richards suggested reordering the Agenda in order to allow a brief recess to confer with residents regarding water and recycling issues, following the issuance of proclamations. Proclamations for Day Without Violence and Buckle Up For Life Challenge were presented by Council. City Council recessed at 8:06 p.m. City Council reconvened at 8:27 p.m. It was then moved by Councilmember Heine, seconded by Councilmember Byrd to recess to the Lynwood Redevelopment Agency and the Lynwood Information, Inc. at 8:33 p.m. Council reconvened at 8:57 p.m. PUBLIC HEARINGS Mayor Richards introduced the first Public Hearing, Vacation of Alley Easement First Alley North of Fernwood Avenue from First Avenue to the First Alley West of Atlantic Avenue. It was moved by Councilmember Henning, seconded by Councilmember Rea and carried to open the Public Hearing. Hearing no discussion., it was moved by Councilmember Heine, seconded by Councilmember Rea and carried to close the Public Hearing. It was then moved by Councilmember Heine, seconded by Councilmember Henning and carried to reopen the Public Hearing and continue the matter to the meeting of January 2, 1995. Mayor Richards announced the next Public Hearing, Determining That a Nuisance is Being Maintained on Certain Real Property Generally Known as 4602 Rayborn Street, Legally Known As Book No. 6186, Page 34, Lot 17, in the City of Lynwood. It was moved by Councilmember Henning, seconded by Councilmember Heine and carried to open the Public Hearing. Frank Haynes 4610 Rayborn stated complaints with the nuisance property at 4602 Rayborn Ave. Juan Garcia 4601 Rayborn also stated complaints with the nuisance property. After further discussion by Council, It was moved by Councilmember Henning, seconded by Councilmember Heine and carried to close the Public Hearing. 0 0 It was then moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: RESOLUTION NO. 95 -186 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, GENERALLY KNOWN AS 4602 RAYBORN STREET, LEGALLY KNOWN AS BOOK NO. 6186, PAGE 34, LOT 17, IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". Councilmember Rea questioned the chronology of events. Councilmember Henning discussed the ability of residents to file small claim suits against nuisance property owners. ROLL CALL: AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS, BYRD NOES: NONE ABSENT: NONE PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY None CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one Motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. It was moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: RESOLUTION NO. 95 -187 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE OSGOOD AVENUE /112TH STREET PAVEMENT IMPROVEMENT PROJECT, PROJECT NO. 5 -5168, FY 1995 -96, AS COMPLETE ". RESOLUTION NO. 95 -188 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR DYMALLY PARK LIGHTING PROJECT ". AGREEMENT WITH RED CROSS ORDINANCE NO. 1424 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 25- 16.20d OF CHAPTER 25 OF THE CITY OF LYNWOOD MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOLIC BEVERAGES IN A BONA FIDE RESTAURANT ". ORDINANCE NO. 1425 ENTITLED: "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE RELATING TO VEHICLES AND TRAFFIC ". ORDINANCE NO. 1426 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE TO ADD AND DELETE CERTAIN PERMITTED USES IN THE C (COMMERCIAL) AND M (MANUFACTURING) ZONES AND MAKE RELATED CHANGES ". RESOLUTION NO. 95 -189 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS DRAWN THEREFORE ". ROLL CALL: AYES: COUNCILMEMBER BYRD, HEINE, REA, RICHARDS NOES: NONE ABSENT: COUNCILMEMBER HENNING DISCUSSION ITEMS Mayor Richards introduced the next item the Natatorium Feasibility Study. Director of Facilities Maintenance Oskoui, and Helena Jubany of Jubany Architecture offered Council a presentation on the proposed renovations for the Natatorium. City Clerk Hooper then announced the current expiration of terms on the Community Affairs Commission. Nominations are now in order. It was moved by Councilmember Heine, seconded by Councilmember Henning and carried to nominate Yolanda Bays, Lucille Walker, David Litsinger, Lorna Hawkins and A. Ann Fields for reappointment. It was then moved by Councilmember Henning, seconded by Councilmember Heine and carried to close nominations. City Clerk Hooper stated appointment would be at Councils' next regular scheduled meeting. City Clerk Hooper then announced at Councils' last regular meeting, Council nominated Josephine Littlejohn to the vacancy on the Personnel Board, appointment is now in order. It was moved by Councilmember Heine, seconded by Councilmember Byrd and carried to appoint Josephine Littlejohn to the Personnel Board. City Clerk Hooper then announced at Councils' last regular meeting, Councilmember Heine nominated Helen Andersen, and Councilmember Henning nominated Kenneth Alford for the vacancy on the Community Development Block Grant Advisory Board appointment is in order. ROLL CALL: COUNCILMEMBER BYRD: ALFORD COUNCIIMEMBER HEINE: ANDERSEN COUNCILMEMBER HENNING: ALFORD COUNCILMEMBER REA: ALFORD MAYOR RICHARDS: ALFORD PUBLIC ORALS Rod White 4608 Carlin Avenue, read excerpts from the Brown Act and stated he feels he was unfairly treated at the last Council meeting. Arturo Reyes commended the Public Works Director for his quick response time to a complaint. Also stated his concerns with Councils reorganization and discussed complaints from the residents. Ada McZeal, Concerned Citizens of Lynwood requested Council rescind the water rates. Karen Hayes stated opposition to the intent of Measure L, regarding gaming in the City of Lynwood. Lucy Hernandez stated complaints with recycling charges and water rates. Laurence Strong 3736 , stated opposition to a casino in Lynwood and opposition to water rates and increases. Resident, stated concerns with water rate increases, recycling bin fees and a casino in the city. Maria Santillan 2700 E. 108th St. questioned the Dymally Park improvements and the closure of the Natatorium. Gracie Gardner 3698 Lynwood Road spoke in opposition to a casino in the city, water rate increases and recycling fees. Rev. Brown 5225 Beechwood Ave., spoke in opposition to gambling in the city, and questioned other ways to generate revenues. Norma Araujo 3304 Alma, stated complaints with water increases and recycling fees. Also spoke in opposition to a casino in the city. Emma Esparza 10409 Ruth St., discussed state mandated issues, water increases, high unemployment in California, and suggested residents offer suggestions in addition to complaints. Jerrell Hunter spoke in opposition to a casino in the city. Salvador DeLaTorre 3589 , asked that Council seek solutions to the problems of the residents. Ada McZeal spoke regarding recycling bins Leighton Hull 3737 Martin Luther King Jr. Blvd., Suite 345 acknowledged Council for allowing Measure L to go before the voters. Karen Hayes requested mechanisms in place for employment for Lynwood residents. Alberto Hernandez 3917 Lugo Ave. stated complaints with recycling fees and water increases. COUNCIL ORALS Councilmember Rea discussed progress in the city. Stated complaints with a nuisance on the 3600 block of Platt. Suggested Council consider setting aside a location were residents can have a craft sale prior to Christmas. Councilmember Heine discussed yard sale violations, sewer rate and meter rate reductions, a nuisance on Manette Place and an abandoned home on Pelleur Street. Welcomed everyone to the Lynwood Christmas Parade on December 8, 1995. Councilmember Henning congratulated Mayor and Council on their appointments, requested a plaque for the outgoing Mayor. Discussed recent problems in the City with live bands, and requested higher enforcement on ordinances prohibiting this type of activity. Discussed kidnapings in the city and asked that everyone .look out for their neighbors and discussed the number of vacant homes in the city. Also stated Council needs to abandon the recycling program and suggested recycling through paper drives and can drives in conjunction with the school district. Councilmember Byrd stated residents need to work together to be one unit. Mayor Richards discussed new ideas for providing information to residents, and state mandates, and congratulated the winners. It was then moved by Councilmember Henning, seconded by Councilmember Heine to adjourn at 10:56 p.m. MAYOR PAUL H. RICHARDS, II CITY CLERK ANDREA L. HOOPER SPECIAL CITY COUNCIL MEETING, DECEMBER 12, 1995 The City Council met in a Special Session to have residents of Lynwood share their concerns regarding AB939 Waste Diversion and Recycling requirements. The Mayor permitted each resident to speak about their connerns and Council spoke regarding the requirements concerning AB939 Waste and Recycling requirements. The following residents expressed their concerns. Benjamin Miranda Ada McZeal Fanise Rhasard 3592 Platt Avenue Felipe Hernandez 3363 Josephine Street Jesus Gutierrez 3604 Norton Avenue Juan Pena 3819 Cortland Avenue Salvadorre DeLaTorre 3150 Rafael Moreno 10991 Duncan Avenue Augustine Gonzales 3371 Elizabeth Ernesto Alfredo Alvaro Suazo 5971 San Vincente Blanca Samarano 3886 Cortland Resident 11110 Harris Avenue Ramona Rivera 3640 Louise Street Alfonso Sanchez 11649 1/2 La Granada Judith Rodriguez Jose Rivas 3658 Lynwood Road Lucy Hernandez Maricel Alvarez 4041 Walnut Avenue Lorraine Oarsie 12022 4th Avenue Manuel Oldeas 4060 Walnut Miguel Hernandez 10793 San Miguel Avenue Lucindo Guerrero 3534 Louise Street Lorenze Guzman 11721 Peach Street Carmen Barraza 11029 Grant Avenue Teresa Villasenor 3938 Walnut Avenue Pablo Vaitra 2720 E. 109th Street Miguel Martinez 3676 Walnut Avenue Bartolo Murillo 3817 Cortland Adolf Lopez Pedro Orozco 3836 Lugo Alex Zenderos 5271 Cortland Salvador Aguirre 12314 Thorson Avenue Jose Herbabdez 3973 Lugo Avenue Mr. Swift 11110 Harris Arturo Reyes Dominga Ramos 3548 Louise Street Alfonso Diaz 108th St. Salvado Aguiro Benjamin Miranda Alexander 11806 2nd Avenue Rod White 4608 Carlin Avenue Arturo Reyes Ada McZeal Jim Greene Council shared their reviews in regards to recycling and water rates and expressed their concerns to take necessary steps to disciminate the information received. MAYOR CITY CLERK L u 1 OU Ci tV of G 6tate of Calif ornia C O l l E R D A L I 0 N L ?� o�T ** . s , WJEREU, LIlnwaad Unified schnal District celebrates 14 wnnderful Bears with Monellis "uneg" Pittman, and WEREU, Armen has been married to Daisy for 42 ??ears, R and had three children, La Quita, Dary1 and Shearlh; and M(EREM, Ymieg is known far his cowboy hats and hunts; and DHEREU, whyr Ilmten came to LIlnwnnd High $rhnnl it was wild and untamed. with the support of the high schunl's administrative staff and the Board of Edncatinn he tamed it like wyatt £arp tamed Dndge CitU; and WHEREM, if �3ou have had the nppnrtunitu to see him with the students Ilan would see the love attd respect the ?1 have for him affecti- nately as "Father" or "Grandfather ". He does rat take offense to this because he has often said that a int of students need a male rnle mndel. He tries to prnvide this likeness for them; and DHEREA9, f1jrtwond High $rhnnl is one of the safest schnnis in Las Angeles County because of limey. One of the reasons why it is a safe schnnl in because the of strict dress Lade that was implemented is enforced bIl him and his staff; and NUEREA$, Law Enfarcement Officers from other cities, such as ins Angeles Police Department, Ins Angeles Count?l sheriff Department, Crmptnn Police Department, and Long Beach Department has met with lrmeU.tn ask how he maintains a safe and secure environment for the students and staff. with lmmey's assistance, these agencies were able to solve crimes that otherwise wmild have gone unsolved ROD LHEREFOR£, the City Council of the City of Lynwnnd fines hereby commend Mmellis "lmte1" Pitman to his own Iegend ... $en you snan, but not grand -bye IN DIUMM DHEREOF, I, PAUL H_ RICHARD$ II, a"OR of the City of LUnwond have hereutttn set my hand and caused the SEAL of the Great Ci" of Lynwnnd to be affixed this 15th day of December 1995 PAUL H RICHARD$, II, mAPOR }, � 14.. ANDREA L HOOPER, CICU CLERK Louis 3 Heine Louis Byrd Robert Henning Armardn Rea mayor Pro Cem Cnuncilmemhzr Cnuncilmemher Councilmember • 0 DATE: December 19, 1995 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Faustin Gonzales, City Manager !� BY: Emilio M. Murga P.E., Director of Public Works Christian Valtierra, PW Admin. Div. Superviso SUBJECT: Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project,(LRA, Lynwood Center Project) Project 5 -5161, FY 1995 -96 Purchase of Materials and Supplies through Informal Bids PURPOSE To recommend that the City Council adopt the attached resolution authorizing the purchase of needed supplies and materials for the Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project through an informal bid procedure. BACKGROUND The Atlantic Avenue /Pendleton Ave Street Lighting Improvement Project, Project No. 5 -5161, is listed in the Capital Improvement Projects Schedule for FY 1995 -96 as part of the LRA, Lynwood Center Project. The project encompasses the installation of a new street lighting system on portions of Imperial Hwy, Pendleton Avenue, and Abbott Road. The project is proposed to be constructed with the participation of local youth through the City's Youth Training Program. ANALYSIS The Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project can be built more economically and expeditiously using an informal bid process to purchase needed materials and supplies (street light poles, mast arms, conduits, conductors, light fixtures etc.). RECOMMENDATION To recommend that the City Council adopt the attached resolution authorizing the purchase of materials and supplies for the Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project, Project No. 5 -5156 through an informal bid procedure. C95 -820 AGWA ITO 9 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES, AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE ATLANTIC AVENUE /PENDLETON AVENUE STREET LIGHTING IMPROVEMENT PROJECT. WHEREAS, the Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project, Project No. 5 -5161 is part of the LRA, Lynwood Center Project, and is scheduled for construction during FY 1995 -96; and WHEREAS, the project encompasses the installation of eight street lights along portions of Imperial Hwy, Pendleton Avenue and Abbott Road; and WHEREAS, the Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project can be built more economically and expeditiously using an informal bid process to purchase needed materials (street light poles, fixtures, etc.), supplies and services; and WHEREAS, under Section 6 -3.13 of the Lynwood Municipal Code, Council can authorize purchases through informal bids by a 4/5 vote. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1 . That staff is authorized to purchase the needed materials, supplies and services to complete the Atlantic Avenue /Pendleton Avenue Street Lighting Improvement Project through an informal bid procedure. �- r i - Q11_._ 't'lint thia roaolut -1 on oh011 tnko of. fact immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of , 1995. Paul H. Richards, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: City Attorney City of Lynwood FAUSTIN GONZALES City Manager APPROVED THIS CONTENT: Emilio M. Murga, P.E. Director of Public Works 5000 ABBOTT ABBOTT _ I.- _g ROAD 0 0 0 �0 PENDEITON X- -'h �� — of Q Q NOT TO SCALE / IMPERIAL HWY. 4300 z / C Of LYNWOOD ATLANTIC AVENUE /PENDELTON AVENUE STREET LIGHTING PROJECT (LRA- LYNWOOD CENTER PROJECT DRWG. BY I DRWG. BY 1 APPROVED BY DATE E111W M. YURGA HE - 54420 DIRECTOR OF PUBLIC WORKS I AVE. DATE December 19, 1995 TO HONORABLE MAYOR AND MEMBERS OF THE CCITY COUNCIL FROM Faustin Gonzales, City Manager 1 (� BY Gary Chicots, Community Development Director SUBJECT TO REQUEST CITY COUNCIL APPROVAL OF AN URGENCY ORDINANCE ADOPTING BY REFERENCE THE LATEST EDITIONS OF THE 1994 UNIFORM BUILDING CODE, 1994 UNIFORM HOUSING CODE, 1993 NATIONAL ELECTRICAL CODE, 1994 UNIFORM PLUMBING CODE, 1994 UNIFORM MECHANICAL CODE, AND THE 1994 EDITIONS OF THE ABATEMENT OF DANGEROUS BUILDINGS AND BUILDING CONSERVATION CODES. Purpose To secure approval of the various building and safety codes in order to allow the City to keep up with the recent changes and code modifications in order to maintain the health, safety, and general welfare of the Community Facts The City is required by state law to administer the enforcement of minimum building standards to safeguard the health, property, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings within the City From time to time the International Conference of Building Officials (I C B O ) updates the various codes to reflect the latest technological advances and changes in building industry standards Those changes are promulgated and published by the I C B O Analysis The attached urgency ordinance amends Chapter 11 of the Lynwood Municipal Code adopting the latest editions of the Building, Plumbing, electrical and mechanical codes with various appendixes Also included are amended sections in the municipal code regarding administration and enforcement of the various codes The adoption of the revised codes will allow the City to continue to control and regulate building construction in the most effective and efficient manner possible Recommendation Staff recommends the approval of the attached urgency ordinance adopting by reference the 1994 Uniform Building Code, 1994 Uniform Housing Code, 1995 National Electrical Code, 1994 Uniform Plumbing Code, 1994 Uniform ;Mechanical Code and the 1994 Uniform Code for the Abatement of ?dangerous 'Buildings and Building Conservation Codes, and the various appendixes AGZXDI ITXK • • CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. AN ORDINANCE OF THE CITY OF LYNWOOD ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1994 EDITION, AND THE APPENDICES THERETO; THE UNIFORM HOUSING CODE, 1994 EDITION; THE NATIONAL ELECTRICAL CODE, 1993 EDITION, AND THE APPENDICES THERETO; THE 1994 EDITION OF THE UNIFORM PLUMBING CODE AND THE APPENDICES THERETO; THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE AND THE APPENDIX THERETO; THE 1994 EDITION OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; APPENDIX CHAPTER 1 OF THE 1994 UNIFORM CODE FOR BUILDING CONSERVATION; AMENDING THE LYNWOOD MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF FOLLOWS: THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS Section 1 . Section 11 -1 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 11 -1 BUILDING CODE 11 -1.1 BUILDING CODE ADOPTED. Except as hereinafter provided, the Uniform Building Code, 1994 Edition, and the appendices thereto, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Building Code of the City. A copy of that Codel has been deposited in the office of the City Clerk and shall bi, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Building Code and a provision of the California Building Code that is applicable to cities, as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the California Building Code will prevail. 11 -1.2 AMENDMENTS TO THE BUILDING CODE a. The term "Building Official," as it appears in Section 203 -B of the Building Code, is defined as follows: "Building Official" is the Director of Community Development or his duly authorized representative." b. Section 105 of the Building Code, entitled "Board of Appeals," is amended in its entirety to read as follows: "Section 105 - BOARD OF APPEALS 105.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relating to the application and interpretation of this Building Code, a Board of Appeals is established consisting of five (5) members, all of whom shall be duly elected members of the City Council. The Building Official shall be an ex officio member of and shall act as Secretary to the Board, but shall have no vote on any matter before the Board. The Board of Appeals may adopt rules of procedure for conducting its business. 105.2 Authority. The Board of Appeals is authorized to construe and to interpret the provisions 951211 10512 -00001 Isj 0592354 1 • of the Building Code and other technical codes set forth in Chapter 11 of the Municipal Code, and to make determinations as to whether alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of those technical codes. 105.3 Appeals to the Board of Appeals (a) Within ten (10) days after the Building Official has rejected an application for a permit or has otherwise made a ruling adverse to the applicant, the applicant may file with the City Clerk a written appeal and request for a hearing. The appeal must state in detail the reasons why the permit should be granted or the ruling of the Building Official should be reversed or modified. (b) Within twenty -four (24) hours after the receipt of the written appeal, the City Clerk will advise the Building Official and within the same time fix the date and time for hearing by the City Council, acting as the Board of Appeals. The hearing date must be not more than thirty (30) days from the date the appeal is filed. The City Clerk must give notice of the hearing to the applicant by certified mail. (c) At the time and place of the hearing, the Board of Appeals will examine all information presented and consider all presentations by interested parties who desire to be heard. The findings and decision of the Board must be adopted by resolution, a copy of which shall be transmitted to the applicant and to the Building Official. The determination of the Board of Appeals is final and conclusive." C. The second paragraph of Section 102 of the Building Code, entitled "Unsafe Buildings or Structures," is amended in its entirety to read as follows: "All such unsafe buildings, structures or appendages are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Section 11 -13 of this Chapter 11 (Code for the Abatement of Dangerous Buildings), or the procedures applicable to the abatement of nuisances, or such alternate procedures as may have been or as may be adopted by the legislative body. As an alternative, the building official, or other employee or official of the City, as designated by the legislative body, may institute any other appropriate action to prevent, restrain, correct, or abate the violation." d. Wherever a reference is made to Table 1 -A in Section 107 ( "Fees ") of the Building Code, which Table 1 -A sets forth a schedule of fees, that reference shall be deemed to refer to the fee schedule adopted by resolution of the City Council. e. Subsection 107.6 ( "Fee Refunds ") of Section 107 ( "Fees ") of the Building Code is amended by adding thereto the following sentence: "All refunds of fees that are Building Official are subject City Manager." f. Subsection 1501.1 ( "Gene Chapter 15 ( "Roofs and Roof Structures" Code is amended by adding the following sentence thereof: authorized by the to final approval by the ral ") of Section 1501 of of the Uniform Building language to the first 951211 10512 -00001 Isj 0592354 1 — 2 — "Notwithstanding any provisions to the contrary contained in the Lynwood Municipal Code or the Uniform Building Code, all roof coverings must consist of a fire - retardant Class A roof covering." g. Appendix Chapter 34 ( "Existing Structures ") of the Uniform Building Code is amended by deleting from Section 3406 thereof Subsection 3406.1 and Subsection 3406.2. 11 -1.3 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Building Code. b. If any building or structure is maintained in violation of the Building Code, or in violation of any notice issued pursuant thereto, the legal representative of the City may be authorized to institute proceedings in any court of competent jurisdiction in order to prevent, restrain, correct or abate the violation. C. The imposition of a penalty or penalties for any violation does not excuse the violation nor permit it to continue. All persons incurring a penalty or penalties are required to correct or remedy the violation within a reasonable time. d. Any person violating any of the provisions of the Building Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Building Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 2 . Section 11 -4 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 11 -4 HOUSING CODE 11 -4.1 HOUSING CODE ADOPTED. Except as hereinafter provided, the Uniform Housing Code, 1994 Edition, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Housing Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. 11 -4.2 AMENDMENTS TO THE HOUSING CODE. a. Section 203 of the Housing Code, entitled "Housing Advisory and Appeals Board," is amended in its entirety to read as follows "Section 203 -- HOUSING ADVISORY AND APPEALS BOARD 203.1 General. The Board of Appeals, as established by Subsection 11 -1.2 of Section 11 -1 of this Chapter, shall also function as the Housing Advisory and Appeals Board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Housing Code. The authority and procedures of the Board of Appeals in matters relating to the Housing Code shall be as set forth in Subsection 11 -1.2. 951211 10512 -00001 Isj 0592354 1 — 3 — 203.2 Appeals. Appeals to the be processed and determined in accordance contained in Subsection 11 -1.2 of Section b. Section 204 of the Housing "Violations," is amended in its entirety Board of Appeals shall with the provisions 11 -1 of this Chapter. Code, entitled to read as follows: "Section 204 -- VIOLATIONS AND PENALTIES 204.1 General. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Housing Code. 204.2 Penalty. Any person violating any of the provisions of the Housing Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Housing Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 3 . Section 11 -6 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 11 -6 ELECTRICAL CODE 11 -6.1 ELECTRICAL CODE ADOPTED. Except as hereinafter provided, the 1993 Edition of the Uniform Electrical Code, including the appendices thereto, as promulgated and published by the National Fire Protection Association, is adopted by reference and incorporated herein as though set fully forth and shall constitute the Electrical Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Electrical Code and a provision of the California Electrical Code that is applicable to cities, as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the California Electrical Code will prevail. 11 -6.2 PERMIT FEES. a. Before any permit required by this section is issued, the applicant must pay to the Community Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a permit or paid a plan- checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11 -6.3 APPEALS. a. The Board of Appeals, as established by Subsection 11 -1.2 of Section 11 -1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Electrical Code. The authority and procedures of the Board of Appeals in matters relating to the Electrical Code shall be as set forth in Section 11 -1.2. b. Appeals to the Board of Appeals shall be processed and determined in accordance with the provisions contained in Subsection 11 -1.2 of Section 11 -1 of this Chapter. 951211 10512 -00001 lsj 0592354 1 — 4 — s • 11 -6.4 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain electrical systems or equipment, or cause the same to be done, contrary to or in violation of any of the provisions of the Electrical Code. b. Any person violating any of the provisions of the Electrical Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Electrical Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 4 . Section 11 -9 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 11 -9 PLUMBING CODE 11 -9.1 PLUMBING CODE ADOPTED. Except as hereinafter provided, the 1994 Edition of the Uniform Plumbing Code and the appendices thereto, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Plumbing Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Plumbing Code and a provision of the California Plumbing Code that is applicable to cities, as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the California Plumbing Code will prevail. 11 -9.2 PERMIT FEES. a. Before any permit required by this section is issued, the applicant must pay to the Community Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a permit or paid a plan- checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11 -9.3 APPEALS a. The Board of Appeals, as established by Subsection 11 -1.2 of Section 11 -1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the Plumbing Code. The authority and procedures of the Board of Appeals in matters relating to the Plumbing Code shall be as set forth in Subsection 11 -1.2. 11 -9.4 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing systems or equipment, or cause the same to be done, contrary to or in violation of any of the provisions of the Plumbing Code. b. Any person violating any of the provisions of the Plumbing Code is guilty of a misdemeanor, and that person is 951211 10512 -00001 Isj 0592354 1 — 5 — • • deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Plumbing Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 5 . Section 11 -10 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: "11 -10 MECHANICAL CODE 11 -10.1 MECHANICAL CODE ADOPTED. Except as hereinafter provided, the 1994 Uniform Mechanical Code and the appendix thereto, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Mechanical Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Mechanical Code and a provision of the California Mechanical Code that is applicable to cities, as contained in Part 4 of Title 24 of the California Code of Regulations, the provision of the California Mechanical Code will prevail. 11 -10.2 PERMIT FEES. a. Before any permit required by this section is issued, the applicant must pay to the Community Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a permit or paid a plan- checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11 -10.3 APPEALS. The Board of Appeals, as established by Subsection 11 -1.2 of Section 11 -1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Plumbing Code. The authority and procedures of the Board of Appeals in matters relating to the Mechanical Code shall be as set forth in Subsection 11 -1.2. 11 -10.4 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any mechanical systems or equipment, or cause the same to be done, contrary to or in violation of any of the provisions of the Mechanical Code. b. Any person violating any of the provisions of the Mechanical Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Mechanical Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 6 . Section 11 -13 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: 11 11 -13 ABATEMENT OF DANGEROUS BUILDINGS CODE 11 -13.1 ABATEMENT OF DANGEROUS BUILDINGS CODE ADOPTED. Except as hereinafter provided, the Uniform Code for the Abatement of 951211 10512 -00001 Isj 0592354 1 — 6 — • 0 Dangerous Buildings, 1994 Edition, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Abatement of Dangerous Buildings Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. 11 -13.2 APPEALS. a. The Board of Appeals, as established by Subsection 11 -1.2 of Section 11 -1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Abatement of Dangerous Buildings Code. b. The procedures for the filing of an appeal, and for the conduct of the hearing by the Board of Appeals, shall be those set forth in Chapters 5 and 6 of the Abatement of Dangerous Buildings Code. 11 -13.3 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Abatement of Dangerous Buildings Code. b. Any person violating any of the provisions of the Abatement of Dangerous Buildings Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Abatement of Dangerous Buildings Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 7 . Chapter 11 of the Lynwood Municipal Code is amended by adding thereto a new Section 11 -18 to read as follows: 11 11 -18 APPENDIX CHAPTER 1 OF THE BUILDING CONSERVATION CODE 11 -18.1 APPENDIX CHAPTER 1 OF THE BUILDING CONSERVATION CODE ADOPTED. Except as hereinafter provided, Appendix Chapter 1 of the 1994 Uniform Code for Building Conservation, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute Appendix Chapter 1 of the Building Conservation Code of the City. A copy of that Appendix has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of Appendix Chapter 1 of the Building Conservation Code and a provision of the California Building Conservation Code that is applicable to cities, as contained in Part 10 of Title 24 of the California Code of Regulations, the provision of the California Building Conservation Code will prevail." Section 8 . All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Appendix Chapter 1 of the Building Conservation Code, as adopted by this ordinance, and Parts 2, 3, 4, 5, 9 and 10 of Title 24 of the California Code of Regulations, are attributable to modifications, additions or deletions that are authorized by California Health and Safety Code Sections 17858 and 17858.7. Section 9 . The modifications to the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Electrical Code enacted by this Ordinance are merely a continuation of similar modifications made to earlier editions of 951211 10512 -00001 lsj 0592354 1 — 7 — • • these uniform codes, and all of these modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary because of local climate, characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, and the relatively flat terrain of the City characterized by geologic instability. Section 10 . The numbering of the 1994 editions of the Uniform Building Code, the Uniform Plumbing Code and the Uniform Mechanical Code has been completely revised from earlier editions. All references to the Uniform Building Code and the Uniform Mechanical Code in various sections of the Lynwood Municipal Code which are not amended by this or a subsequently enacted ordinance shall be deemed to refer to the appropriate section or sections of the 1994 Uniform Building Code or the Uniform Mechanical Code as determined by the 1991/1994 Cross - Reference Directory to the Uniform Building Code and Uniform Mechanical Code published by the International Conference of Building Officials. All references to the Plumbing Code in sections of the Lynwood Municipal Code which have not been amended by this or a subsequently enacted ordinance shall be deemed to refer to the appropriate section or sections of the 1994 Plumbing Code as determined by the Format Comparison Chart located at the beginning of the 1994 Plumbing Code. Section 11 . To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Lynwood Municipal Code, these provisions will be construed as continuations of those provisions and not as new enactments. Section 12 . State law requires that localities adopt the uniform building codes, and any modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date uniform building codes that comport with state law and contain those modifications necessitated by unique geographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the uniform building codes unique to the City's special circumstances will not be in place, and this will have a detrimental effect on the public health, safety and welfare. The modifications to the uniform building codes contain vital provisions regarding administrative procedures, roofing materials, and other similar matters necessitated by the City's exposure to Santa Ana winds and relatively flat terrain characterized by geologic instability. For these reasons, this Ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health and safety within the meaning of Section 37937(b) of the Government Code. Therefore, this Ordinance takes effect immediately. Section 13 . This Ordinance is effective upon adoption and becomes operative on December 28, 1995. Section 14 . The City Clerk is 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 1995. Paul H. Richards, II, Mayor ATTEST: Andrea L. Hooper, City Clerk City Attorney 951211 10512 -00001 Isj 0592354 1 — 8 — •"•,` " ^ �' laa� �ivr.nin oui�uiiv� ,uuc Appendix Chapter 34 .EXISTING STRUCTURES Division I —LIFE- SAFETY REQUIREMENTS FOR EXISTING BUILDINGS OTHER THAN HIGH -RISE BUILDINGS SECTION 3406 — GENERAL 3406.1 Purpose. The purpose of this division is to provide a reasonable degree of safety to per- sons occupying existing buildings by providing for alterations to such existing buildings which do not conform with the minimum requirements of this code. EXCEPTION Group U Occupancies regulated by Appendix Chapter 34 Division II, and Group R, Divi- sion 3 Occupancies, except that Group R, Division 3 Occupancies shall comply with Section 3411 3406.2 Effective Date. Within 18 months after the effective date of this division, plans for com- pliance shall be submitted and approved, and within 18 months thereafter the work shall be com- pleted or the building shall be vacated until made to conform. SECTION 3407 — EXITS 3407.1 Number of Exits. Every floor above the first story used for human occupancy shall have access to at least two separate exits, one of which may be an exterior fire escape complying with Secton 3407 4 Subject to the approval of the building official, an approved ladder device may be used in lieu of a fire escape when the construction feature or location of the building on the property makes the installation of a fire escape impracticable. EXCEPTION In all occupancies, second stories with an occupant load of 10 or less may ha%a one exit. An exit ladder device when used in lieu of a fire escape shall conform with U.B C Standard 10 -3 which is a part of this code (see Chapter 35) and the following 1 Serves an occupant load of 10 or less or a single dwelling unit or guest room 2. The building does not exceed three stones in height. 3 The access is adjacent to an opening as specified for emergency egress or rescue or from a balcony 4 Shall not pass in front of any building opening below the unit being served. 5 The availability of activating the device for the ladder is accessible only from the opening or balcony served 6 So installed that it will not cause a person using it to be within 6 feet (1829 mm) of exposed electrical wiring. 3407.2 Stair Construction. All required stairs shall have a minimum run of 9 inches ( 229 mm) and a maximum rise of 8 inches (203 mm) and shall have a minimum width of 30 inches ( 762 mm) exclusive of handrails Every stairway shall have at least one handrail A landing havinLy a minimum 30 -inch (762 mm) run in the direction of travel shall be provided at each point of access to the stair- way EXCEPTION Fire escapes as provided for in this section. Exterior stairs shall be of noncombustible construction EXCEP'110N On buildings of Types III IV and V construction provided the exterior .fairs are con - structed cif Hood not less than 2 -inch (51 rani) nominal thickness. 3.107.3 Corridors. Corridor of Group` A B E. F H 1 M R Dig i I .►nd S OcLupanc.ICS servino W, .111 r✓xit for an occupant load of 10 or more ~hill have, w,illti ,ind cc111112s cot not Ictiti than 1 -518 SAMPLE&RDINANCE FOR ADOPTIOt*F THE 'UNIFORM BUILDING CODE, VOLUMES 1, 2 AND 3 ORDINANCE NO. An ordinance of the (jurisdiction) adopting the 1994 edition of the Uniform Building Code, Volumes 1, 2 and 3, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and mainte- nance of all buildings or structures in the (jurisdiction) ; providing for the issuance of per- mits and collection of fees therefor; providing for penalties for the violation thereof, repealing Ordinance No of the (jurisdiction) and all other ordinances and parts of the ordi- nances in conflict therewith. The (governing body) of the (jurisdiction) does ordain as follows Section 1. That certain documents, three (3) copies of which are on file and are open for inspection of the public in the office of the (jurisdiction's keenerof records) of the (jurisdiction) , being marked and designated as Uniform Building Code, 1994 Edition, published by the International Conference of Building Of- ficials, including the generic fire - resistive assembhes listed in the Fire Resistance Design Manual, Thirteenth Edition, dated April 1992, published by the Gypsum Association as referenced in Tables 7 -A, 7 -B and 7 -C (also reference Appendix Chapter 12, Division II, if adopted) of the specified Uni- form Building Code, including Appendix Chapters [Fill in the applicable appendix chapters (see Uniform Building Code Section 1013, last paragraph) If reference is made to Appen- dix Chapter 30, an additional reference to ANSIIASMEA17.1,1987, Safety Code for Elevators and Escalators, including Supplements A17.1 a -1988, A] 7.1 b -1989, and to ANSUASME A17.3a -1986, Safety Code for Existing Elevators and Escalators including Supplements A17.3a -1989, published by the American Society of Mechanical Engineers should be added and three (3) copies of this code should also be on file (see Appendix Sections 3010 and 3012)], and Structural Welding Code — Reinforcing Steel, AWS D1 4 -92 (U.B C. Standard 19 -2), and the American National Standard for Accessible and Useable Buildings and Facilities, A117 1 -1992 (see Uniform Building Code Section 1101.2), published by the Council of American Building Offi- cials as modified or amended in the Uniform Building Code referenced herein. be and the same are hereby adopted as the code of the (jurisdiction) for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the (jurisdiction) providing for issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such Uniform Building Code, 1994 Edition, Volumes 1, 2 and 3, published by the International Conference of Building Officials, and the secondary publications referenced above, all of which are on file in the office of the (jurisdic- tion) are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2. (Incorporate penalties for violations See Section 205 ) Section 3. That Ordinance No of (jurisdiction) entitled (fill in the title of building ordinance or ordinances in effect at the present time) and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitu- tionality of the remaining portions of this ordinance. The (governing body) hereby declares that it would have passed this ordinance. and each section, subsection, clause or phrase hereof, irre- spective of the fact that any one or more sections subsections sentences. clauses and phrases be declared unconstitutional 1 –xxxiv SAMPLE WDINANCE FOR ADOPTION41F THE IFORM BUILDING CODE, VOLUMES 1, 2 AND 3 ORDINANCE NO. An ordinance of the (jurisdiction) adopting the 1994 edition of the Uniform Building Code, Volumes 1, 2 and 3, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and mainte- nance of all buildings or structures in the (jurisdiction) , providing for the issuance of per- mits and collection of fees therefor, providing for penalties for the violation thereof, repealing Ordinance No of the (jurisdiction) and all other ordinances and parts of the ordi- nances in conflict therewith. The (governing body) of the (jurisdiction) does ordain as follows Section 1. That certain documents, three (3) copies of which are on file and are open for inspection of the public to the office of the (jurisdiction's keeoer of records) of the (jsuisdiction) , being marked and designated as Uniform Building Code, 1994 Edition, published by the International Conference of Building Of- ficials, including the generic fire - resistive assemblies listed in the Fire Resistance Design Manual, Thirteenth Edition, dated April 1992, published by the Gypsum Association as referenced in Tables 7 -A, 7 -B and 7 -C (also reference Appendix Chapter 12, Division II, if adopted) of the specified Uni- form Building Code, including Appendix Chapters [Fill in the applicable appendix chapters (see Uniform Building Code Section 101.3, last paragraph) If reference is made to Appen- dix Chapter 30 an additional reference to ANSPASME Al 7.1,1987, Safety Code for Elevators and Escalators, including Supplements A17.1 a -1988, A17.1 b -1989, and to ANSIIASME A]7.3a -1986, Safety Code for Existing Elevators and Escalators, including Supplements A17.3a -1989, published by the American Society of Mechanical Engineers, should be added and three (3) copies of this code should also be on file (see Appendix Sections 3010 and 3012)], and Structural Welding Code — Reinforcing Steel AWS DI 4 -92 (U.B C. Standard 19 -2) and the American National Standard for Accessible and Useable Buildings and Facilities, A 117 1 -1992 (see Uniform Building Code Section 110 1.2), published by the Council of American Building Offi- cials as modified or amended in the Uniform Building Code referenced herein. be and the same are hereby adopted as the code of the (jurisdiction) for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the (jurisdiction) providing for issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such Uniform Building Code 1994 Edition Volumes 1, 2 and 3, published by the International Conference of Building Officials and the secondary publications referenced above. all of which are on file in the office of the (jurisdic- tion) are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2. (Incorporate penalties for violations See Section 205 ) Section 3. That Ordinance No of (jurisdiction) entitled (fill in the title of building ordinance or ordinances in effect at the present time) and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection. sentence, clause or phrase of this ordinance is for any reason, held to be invalid or unconstitutional such decision shall not affect the validity or constitu- tionality of the remaining portions of this ordinance The (goveming body) hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof irre- spective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional 1 —xxxiv 9 0 To Honorable Mayor and Members of�h City Council From Faustin Gonzales, City Manager%�'� By Ralph W Davis III, Director Recreation and Community Services Date December 19, 1995 Subject Olympic Torch Relay Program Background The City of Lynwood has been contacted to participate in the Five (5) City Torch Relay in celebration of the 1996 Summer Olympic Games to be held in Atlanta, Georgia in the summer of 1996 Facts 1 Ms Roberta Mack, an administrator at Leuzinger High School in Lawndale, has worked with the United States Olympic Committee to hold an official Olympic Torch Relay Run through the inner city areas in and around Los Angeles 2 She and her organization, the Leu -House Connection met and lobbied with U S O C officials and the results were not only a change in the Official Torch Relay Run to include inner city areas, but also the organization of the Five (5) Cities Torch Relay Run was scheduled exactly one week prior to the Official Torch Relay Run through Los Angeles 3 The Five (5) Cities Torch Relay Run has the full support of the U S O C and has become an official sub relay run for the Los Angeles area 4 This event has a great deal of organizational, corporate and media support The United Way, which is a primary sponsor of the Olympic Torch Relay Run, is also a sponsor of the Five (5) Cities Torch Relay Run 5 The Cities of Lawndale, Hawthorne, Inglewood, Los Angeles and Lennox have made full commitments to this program Other cities including Compton and Gardena are potential participants 6 The Five (5) Cities Torch Relay Run involves the following logistics a The event consists of a twelve (12) mile course commencing at Leuzinger High School and ending at the Los Angeles Memorial Coliseum b The event is slated to be held on the morning of Saturday, April 20, 1996 c Cities participating must submit a relay team consisting of no less than twelve (12) participants or no more than twenty four ( 24 ) participants A team of twenty four ( 24 ) runners is preferred as there can be two (2) runners (a pair) running each mile d Each runner will be responsible to run a one (1) mile leg of the twelve (12) mile course Financial Considerations /Implications 1 Each team participant is subject to a two hundred fifty dollar ($250 00) entry fee Entry fees will be used to cover the costs of each participant's uniform (an official Torch Run running suit and shoes) and the overall costs of staging this event 2 Participating youth under the age of seventeen (17) years of age are required to generate fifty (50) pledges of five dollars ($5 00), while participating adults have the option of either gaining pledges or making a direct payment of two hundred and fifty dollars ($250 00) AGZNbk IM • Page 2 11 Financial Considerations /Implications - Continued 3 There will also be other fund raising events such as a "Day at the Races" at Hollywood Park in December, 1995 and a black tie dinner at the Century Plaza Hotel in January, 1996 Each participating city will be asked to sell tickets to these events 4 As an added option, the Leu -House Connection has been invited by the U S 0 C to be a part of the official hosts of the Opening or Closing Ceremonies at the actual Olympic Games in Atlanta Participants will be responsible to pay all costs related to their attendance (estimated cost is $2,500 00 per person for a fourteen day stay) Analysis 1 All activities relating to the 1996 Summer Olympic Games will be of national interest, and thusly, very heavily publicized 2 This Five (5) Cities Torch Relay Run will be celebrating the important contributions of the inner city areas of Los Angeles in the entire modern history of the Olympic movement 3 The City of Lynwood is an important inner city community with a celebrated sports and Olympic history 4 The City of Lynwood can facilitate its participation without involving a direct financial input Conclusion /Recommendation Staff respectfully recommends that the Mayor and City Council authorize the involvement of the City of Lynwood in this important program Staff requests authorization to have the Recreation & Community Services Department act as the coordinating agency for the involvement of the City of Lynwood in this program Staff further requests that the program be authorized under the following parameters They include the following 1 A team of twenty four (24) members be designated 2 The team include representatives from entities such as the following a City Council b City Commissions c Lynwood Unified School District d Lynwood Chamber of Commerce e City of Lynwood Staff Members f Lynwood Fire Department g Lynwood Sheriff Department h Lynwood High School Track Program i Lynwood City Track and Field Program 3 Anyone who is invited to participate must pay his /her own entry fee via, the acquisition of sponsorship, individual pledges or direct "out of pocket" payment Attachment Event Information ccitem /Torch FIVE CITY TORCH RELAY RUN ROUTE CITIES WE WILL BE TRAVELLING THROUGH: HAWTHORNE, LAWNDALE, LENNOX, INGLEWOOD, LOS ANGELES MARTIN LUTHER KING JR, BLVD, EAST 0 m m z in - - a MANCHESTER BLVD, EAST o0 n _ — %Y ¢ Z nr O O r a x ml a� a ml a f Zs 00 =m a► a m °a m< Dm z� o MANHATTAN BEACH BLVD. WEST ; m — COLISEUM i z FW+EE Lecrzf nger High School S 0 SSE (nN� �0 � W^ 11 4f 7 0 A'tH RE�p/11. f Any person, team or organization interested in participating in The Leu -House Connection Five City Torch Relay Run, please provide the following information: Name: Address: City State Zip Phone: HM ( ) Bus. ( ) Contact Person: k o I Group or Organization: n us n . For further information please contact the Leu -House Connection attention Roberta Mack at C 310) 978 -8500 ex't 169 • LEU HO USE CONNECTION NAME OF STUDENT• CHARACTER REFERENCE NAME OF REFERENCE. ADDRESS STATE. ZIP TELEPHONE. ( ) NAME OF REFERENCE. ADDRESS STATE. TELEPHONE. ( ) ZIP NAME OF REFERENCE. ADDRESS STATE. ZIP TELEPHONE. ( ) o pSE v In C co 4z A vz� 0 I'll �Ar 4 • LEU HOUSE CONNECTION PLEDGE SHEET NAME OF STUDENT NAME OF SPONSOR. ADDRESS TELEPHONE.( ) DONATION $ Parent's Signature- ; NAME OF STUDENT NAME OF SPONSOR. ADDRESS TELEPHONE. DONATION.$ Parent's Signature NAME OF STUDENT NAME OF SPONSOR. ADDRESS TELEPHONE. ( ) DONATION:$ Parent's Signature- 0 05e co e .r O Z DATE: December 19, 1995 TO: Honorable Mayor and City Council Members FROM: Faustin Gonzales, City Manager F BY: Gail L. Black Director of Human Resources SUBJECT: ALCOHOL AND SUBSTANCE ABUSE POLICY PURPOSE To implement federal drug and alcohol testing regulations to provide safe, reliable service to the community and to maintain a safe, healthful and productive work environment free from the influence of alcohol and drugs which increase the potential for accidents, absenteeism, substandard performance or poor employee morale. BACKGROUND The Drug -Free Workplace Act requires all individuals and institutions receiving federal grants or contracts to establish a drug -free work place. As a recipient of federal funds, the City maintains and is committed to maintaining a drug -free work place. As part of the City's commitment to a drug -free work place, the City has established a drug -free awareness program to inform employees about the dangers of drug abuse in the work place, the City's policy of maintaining a drug -free work place, available drug counseling, rehabilitation and employee assistance programs, as well as the penalties that may be imposed upon employees for drug abuse violations. The City's alcohol and substance abuse administrative policy incorporates the Omnibus Transportation Employees Testing Act of 1991 ( "OTETA"), that in order to protect the public, the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by employees who operate certain vehicles. The OTETA and the implementing regulations promulgated by the United States Department of Transportation ( "DOT ") seek to achieve this by mandating that the City establish a program to conduct pre- employment, reasonable suspicion, random, post - accident, and follow -up drug and alcohol testing of employees who operate commercial and certain other motor vehicles. The meet and confer process was conducted with the three employee groups. Upon adoption by the City Council all employees will receive and acknowledge receipt of the adopted administrative policy. RECOMMENDATION That the City Council adopt the attached resolution entitled: "A Resolution of the City Council of the City of Lynwood Adopting the City of Lynwood Alcohol and Substance Abuse Administrative Policy." AGVMA ITEM IS L 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CITY OF LYNWOOD ALCOHOL AND SUBSTANCE ABUSE ADMINISTRATIVE POLICY WHEREAS, the City of Lynwood is committed to a drug -free work place; and WHEREAS, the Drug -Free Workplace Act requires all individuals and institutions receiving federal grants or contracts to establish and maintain a drug free work place; and WHEREAS, the City's Alcohol and Substance Abuse Administrative Policy incorporates the Omnibus Transportation Employees Testing Act of 1991; and WHEREAS, the meet and confer process was conducted with the employee groups. NOW, THEREFORE, the City Council of the City of Lynwood does find and resolve as follows: Section 1. Adoption of the City of Lynwood Alcohol and Substance Abuse Administrative Policy in conformance with the Drug - Free Workplace Act and Omnibus Transportation Employees Testing Act of 1991 (Attachment A). Section 2. This resolution shall become effective immediately upon its adoption. 1995. ATTEST: ANDREA L. HOOPER City Clerk APPROVED AS TO FORM: City Attorney PASSED, APPROVED and ADOPTED this of PAUL H. RICHARDS II, Mayor City of Lynwood APPROVED AS TO CONTENT: FAUSTIN GONZALES City Manager 9 0 DATE: December 19, 1995 TO: Honorable Mayor and City Council Members FROM: Faustin Gonzales, City Manager ;U BY: Gail L. Black, Director of Human Resources�,/� SUBJECT: DRUG TESTING ADMINISTRATOR PURPOSE To enter into a service agreement with Addiction Medicine Consultants, Inc. (AMC) for the purpose of administering the full program administration for Department of Transportation (DOT) Mandated Drug and Alcohol Testing Programs. BACKGROUND Effective January 1, 1996 every employer in the United States who employs drivers of "commercial motor vehicles" must adopt a comprehensive drug and alcohol testing policy which is consistent with the DOT regulations. A commercial vehicle is a vehicle with a gross combination weight . of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. The City currently has 15 employees who drive vehicles which fall under the commercial vehicle definition and require them to maintain a Class A license. The DOT regulations require that a random drug test will be administered to at least 50% of the total number of covered employees each year. The City will further subject at least 25% of the total number of covered employees to random alcohol testing per year. Some employees may be tested more than once a year, while others are not tested at all depending on the random selection. AMC's clients include the Counties of Riverside, San Bernardino, and Los Angeles; the Cities of Riverside, San Bernardino, Huntington Beach, Oxnard, and Lompoc; the School Districts of San Bernardino, Riverside and Amador Counties. AMC will provide a complete DOT drug and alcohol testing program for a flat fee of $50.00 per covered employee per year. This fee is inclusive of urine drug tests, breath alcohol tests, substance abuse assessments, supervisor training, and all random testing administration and recordkeeping. The annual management fee is $200.00. At the current employee level the total charge would be $950.00. The current professional and contractual services budget for the Personnel Division is sufficient to cover the costs. RECOMMENDATION That the City Council approve the attached Addiction Medicine Consultants, Inc. Service Agreement and authorize the Mayor to execute the agreement. kgfD► VS 0 0 ADDICTION MEDICINE CONSULTANTS, INC. SERVICE AGREEMENT This Agreement is made (date) by and between ADDICTION MEDICINE CONSULTANTS, INC., a California corporation, (and hereafter called "AMC ") and (and hereafter called the "Client "), and defines the services that AMC will provide to the Client PROGRAM TERM - This Contract Agreement will become effective on January 1, 1996 and will remain in effect for a period of one year ending on the anniversary date of this Contract Agreement. This Contract Agreement is renewable on a one year basis following the initial one year Contract Agreement Term. IL PROGRAM FORMATION: Administrated AMC Program Services -See Attachment A. HL PROGRAM IMPLEMENTATION -The Program objective is to provide consistenL objective, fair and manageable procedures for drug screening and testing for client compliance requirements (reporting, record keeping, random selection etc.). Implementation of this Contract Agreement will proceed as follows: A. Client will provide AMC with a complete list of company locations and employees at each of these locations requiring urine specimen collection and testing in the format designated by AMC. B. AMC will recommend Drug -Free Workplace Policy concerning compliance with Mandated Federal Regulations to the Client under the terms and conditions of this Contract Agreement for review by Client's staff and attorneys, subject to acceptance, and adoption by the Client. AMC can also review current client policy and suggest changes. C. AMC will conduct employee drug testing and establish selection protocols to include any or all of the following types of testing as requested by client company I Pre- employment 4 Post- accident .2. Reasonable Suspicion 5 Follow -up 3 Random 6. Return to Duty D AMC will provide the Client with a list of approved specimen collection centers for collection of biological specimens. AMC will monitor collection center procedures and replace specimen collection centers if deemed necessary by AMC. E. AMC will utilize laboratories certified by SAMHSA for the testing of biological specimens. F AMC will provide review and reporting of test results performed by authorized Medical Review Officer; (MRO) contracted or employed by AMC. G AMC will maintain Client and employee records. H. AMC will provide Federal and corporate reporting and certification (when required) of Client IV COORDINATION OF ACTIVITIES - AMC will coordinate the activities, described in Paragraphs 11 and III, through designated persons within the Client organization. The Client must make, in writing to AMC, the designation of these individuals, as well as any changes in these named individuals. V INDEMNIFICATION - AMC is an independent contractor providing the Client with the administration of mandated and non - mandated drug intervention programs described herein, and a system of services to support the reliability of such a program in legal and administrative proceedings. AMC agrees to indemnify and hold harmless the Client from and against any and all claims, including any and all damages, losses, expenses, attorneys' fees, cost and liabilities arising out of AMC's submission of data or analytical results which are false or incorrect, whether as a result of willful, intentional or negligent act or omission. AMC is an independent contractor providing the Client with the administration of mandated drug intervention programs described herein. AMC does not have any control of the enforcement of the Client's policy or actions of the Client's personnel. As an independent contractor, AMC shall not be deemed to be engaged either directly or indirectly in the business of the Client or deemed to be an agent of the Client, except to the extent necessary to comply with applicable U.S. Department of Transportation, Health and Human Services.regulations, or corporate contract testing mandates. The Client agrees to indemnify and hold harmless AMC, its parents, subsidiaries and affiliates from any claims including any and all damages, losses, expenses, attorneys' fees, cost and liabilities brought by third parties, of whatever nature, allegedly, arising out of or resulting from any willful act or any negligent act of omission on the part of the Client, its agents or employees, whether or not the party actually bringing the claim actually prevails. VL FORCE MAJEURE - AMC will not be responsible or liable to the Client for failure or delay in performance which results from or is due to, directly or indirectly and in whole or part, any cause or circumstances beyond the reasonable control of AMC. VIL APPLICABLE LAW - This Contract will be construed under the laws of the State of Califbmia. VIII. TERMINATION OF AGREEMENT - If the Client terminates this agreement or is suspended, full responsibility for their corporate and federally mandated duties will transfer to the Client at the time of contract termination or suspension. Such duties include, among others: (i) reporting, (ii) records maintenance; and (iii) ensuring confidentiality and security of any confidential information. AMC will provide the Client with any information related to this transfer in the format in which AMC has the information stored. Termination will not occur until AMC has received paymem in full of all outstanding obligations by the Client up to date of termination. 1x. MODIFICATION - This agreement may be modified at any time by the mutual written consent of both parties. All notices, demands and/or other communications affecting the provisions of this agreement shall be made in writing by either parry and delivered to the other party at last known address of the parry entitled hereto, within five (5) business days of any verbal communication and/or modification that may arise. Please sign both copies of this Contract Agreement to indicate your acceptance of the Terms and Conditions. Keep one executed original and return one executed original to AMC. Accepted by Accepted by- ADDICTION MEDICINE CONSULTANTS, INC. Signature Signature David Herold Name Name President Title Title - December 31, 1995 Date Date • • ATTACHMENT A ADDICTION MEDICINE CONSULTANTS (AMC) Administrated Program Services and Fee Schedule Program Services Include: Urine Drug Test (Emit Screen with GC/MS Confirmation) SAMHSA Certified Laboratory for all Urine Drug Tests Chain of Custody Forms and Collection Supplies Random Selection Generation for Covered Employees Supervisor Training & Educational Materials Storage of Positive Specimen as Required by D 0 T Blind Sample Submission Compliance Alcohol Breath Testing as D O T Requires Collection Site Selection BIRO Services for all Urine Drug Tests Transportation to SAlVIHSA Lab Policy and Procedure Design Employee Record Administration Test Reporting Federal Reporting as Required Substance Abuse Professional Effective From January 1, 1996 to December 31, 1996 AMC will provide a complete D O T drug and alcohol testing programfor a flat fee of $50.00 per covered employee per year For 40 covered drivers the annual fee is $2,000 00 AMC would provide up to 25 urine drug tests, 15 breath alcohol tests, 4 substance abuse assessments, supervisor training, and all random testing administration and recordkeeping. Services be those listed above would be charged by the fee schedule listed below AMC's Itemized Fee Schedule (For services beyond the specified covered drivers) Program Cost Per Urine Requisition Processed 545.00 Breath Alcohol Per Test Mobile, On Site, or at SBCL Site 525.00 After Hours Collection and Testing 5125.00 Supervisor's Trauung Program per hour 5100.00 Employee's Trammg Program per hour 5100.00 Substance Abuse Professional per session S80.00 Annual Management Fee $200.00 D/L Isomer Confumation Test S65.00 6 -MAM Confirmation Test 565.00 Split Specimen GC/MS Confirmation Test 5125.00 Rates for services are based upon current market contracts. adjustments m rates can occur with the ageemcnt of both parties. Date: December 19, 1995 To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: Faustin Gonzales, City Manager By: Emilio M. Murga, Director of Public Works Christian Valtierra, PW Admin. Div. Supervisor Subject: Presentation of Certificates of Appreciation for the Lynwood Student Training Program Participants Purpose To have the City Council review the City of Lynwood Student Training Program, present the program participants with Certificates of Appreciation, and have City Council receive and file this information. Background The City Council set up the Lynwood Student Training Program in June, 1994 to train Lynwood youth in the public works construction trades. The program trains the students in various construction trades by having them actually work on the various capital improvement projects. In order to be eligible for the program, students must be Lynwood residents, be a recent high school graduate, and must continue their education by attending college at least on a part -time basis. Participants are hired for a six month program, work thirty -five (35) hours a week, and earn $7.50 per hour. Analysis The first group of students completed their work program on June 30, 1995. The second group of students were hired on July 1, 1995. As part of the program, the students received on the job training by actually working on the following Capital Improvement Projects: *Residential Street Lighting Project *Santa Fe Median Island Project *Bus Shelter Project *and the various CDBG Street Improvement Projects. While working on these projects, the students were involved in the following: *Pouring of concrete foundations. .*Erecting of street light poles. •Installing conductor wires. •Splicing /connecting electrical wires. •Concrete saw cutting and removal. •Planting of trees and palms. •Installing landscape irrigation systems. •Installing decorative bricks /pavers. •Lowering of water services. This second class of students will complete it's work program on December 31, 1995, and a new contingent of student trainees will be hired to work on the Water Bond Projects. This has been a positive program for Lynwood as it has provided the students with their first significant work experience. It provides local youth with paid, on the job training, and fosters community pride by having the improvements being constructed around the city be built with the help of the local youth. Some students have gone on to continue their education on a full time -basis and some other students have been hired by construction 1GIMA I= companies where they will utilize the skills that they have learned while participating in the Student'Training Program. Recommendation It is recommended that the City Council review the Lynwood Student Training Program, present the program participants with Certificates of Appreciation, and have City Council receive and file this information. c95-850 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, DECEMBER 19, 1995, TO BE MADE BY THE CITY CLERK" WHEREAS, a Special Municipal Election will be held and conducted in the City of Lynwood, California, on Tuesday, December 19, 1995, as required by law; and WHEREAS, the City Council desires the canvass of the election to be made by the City Clerk; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, DOES RESOLVE, DECALRE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 10263 of the California Elections Code, the canvass of the Special Municipal Election is ordered to be made by the City Clerk. Section 2. The City Clerk shall complete the canvass of the Special Municipal Election prior to the Tuesday following the Election, and shall thereafter certify the results to the City Council. Section 3. This resolution applies only to the Special Municipal Election to be held on December 19, 1995 and shall then be repealed. Section 4. The City Clerk is directed to certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON DECEMBER 19, 1995. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: AGERDI IT M — le&-- WILLIAM B. RUDELL. CITY ATTORNEY u1 O� a rn F � AO OF -4 O OG 3 w r to Z C7 F w w w o a w r F � F Z a U U x z d A 3 O U W H d A in Ln Ln ON rn o+ F z o o rn w ri cn .� CV d .a .-4 .-+ 3 AGIMA ITEM 0 '^ '^ 0 0 a `^ u u II I Ln o H Oi N II II Z - II II A N N Il II Lf) II _ II II II II I c� II II W W Z N W w Z El H H O x r H i z o A o r o z O o 1-+ r a a H w a > w H H O O cY. F co W H F A R H U E-4 W H d A in Ln Ln ON rn o+ F z o o rn w ri cn .� CV d .a .-4 .-+ 3 AGIMA ITEM 0 w c� a n. ❑ w O H 0 N 3 Z N 0 w 1 a h- 0 ¢ .. 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W Cu NO O mN 0 O0 C] v 0 - -P P O NCJ W vON Z -- -+ C7 Cu m CJ P m �0 -» n CJ v �] �0 N CJ N N N n CJ C) CI n O N v N N - C) f7 v P N -- N � W £ cn ¢ ¢ p r Z I ¢ in mP0 --CJ ( ICO WOP 0--NM tN.0 W ITO NNvN a Co TO_ N 0 W PO - -N S C in N N .O .0 .0 •O .0 .p , 0 , 0 .O. •O n n n n n n n n n n W W W W m m W m m W P P P P T P P P P P O O O m a I N 'N N NN.N N CJ N NfJ NNNN(N CJ NN rd ('j N N N CJ N N rd N RI CJ CJ CJ N N N N N N N CJ CJ N M MM '0 '0 �0 �0 '0 a -0 '0 '0 8 �0 '0 Q .0 Q G -0 Q �0 '0 , 0 10 10 0 �0 0 .0 .0 10 .0 �0 �0 .0 �O 10 10 �0 �a 10 �a �0 10 3 3 I o 6 0 0 Q -0 .0 -0 '0 0 -0 -0 0 0 0 �0 -0 -0 '0 '0 '0 '0 '0 '0 Q '0 0 �0 '0 .0 Q .0 '0.�0 �0 ,0 -0.,,0 '0 .0 .0 �0 '0 .0 '0 , 0 ri • qk 7 �.. v/ .0 J m O 10 10 M C 10 -.i N o ? 1 o o n 10 s 10 n^ rn o u1 V) � o I � 0 0 N. 10 O a � W Q J.m W O X a 0 CL In J • Date: December 19, 1995 To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: Faustin Gonzales, City Manager By: Emilio M. Murga, Director of Public Works Christian Valtierra, PW Admin. Div. Superviso Subject: Long Beach Blvd. Safety /Beautification Project, Project No. 5 -5179, FY 1995 -96 Purpose To recommend that the City Council review the preliminary design concepts for the Long Beach Blvd. Safety /Beautification Project and advise staff on their preferences. Background At it's meeting of November 7, 1995, the City Council adopted Resolution No. 95 -167 approving the Long L..ach Blvd. .Safety /Beautification Project, Project No. 5 -5179 to address pedestrian safety issues and beautification of Long Beach Blvd. form Josephine Street to Mulford Avenue. The project improvements include: • Extension of the median island across Louise Street. u Construction of a decorative pedestrian fence from Josephine Street to Lynwood road. • Installation of decorative lights, planters, fences on the median islands. • Landscaping all median islands from Josephine Street to Mulford Avenue. Analysis Staff has completed several design concepts for this project. They include various option such as types of palms /trees, city entry marker, decorative fences, planters, etc. In preparing the design concepts, several factors were considered such as visibility from freeway on /off ramps, proximity to freeway bridges /structures, treatment /lighting under bridges, compatibility of decorative amenities with proposed pedestrian fence, construction costs, etc. While the design is proceeding, staff is obtaining necessary Caltrans approval and permits to install the improvements in the median island area under Caltrans jurisdiction from Lynwood Road to Mulford Avenue. Also, Caltrans is processing the City's request for pedestrian signals, crosswalks, etc. at the I -105 Fwy/ Long Beach Blvd. on /off ramps. Staff will be coming back to City Council for approval of Caltrans agreements and permits. Recommendation It is recommended that the City Council review the preliminary design concepts for the Long Beach Blvd. Safety /Beautification Project and advise staff on their preferences. c95 -840 'e s I • AN City of LYNWOOD CC= ALL-AMERICA CITY ,-A City - Meeting Chaf Qenges ! " r ! r 11330 BULLIS ROAD � � LYNWOOD, CALIFORNIA 90262 (310) 603.0220 INTER OFFICE MEMO F - {Yc: 'r DATE: December 19, 1995 TO: Honorable Mayor and Councilmembers FROM: Faustin Gonzales, City Manage By: Andrea L. Hooper, City Clerk SUBJECT: Information Only one (1) Vacancy Community Development Block Grant Advisory Board The term of Commissioner Margaret Araujo Community Development Block Grant will expire in January, 1996. Nominations at Councils regular meeting of January 2, 1996. Appointment at Councils regular meeting of January 16, 1996. AMMA IT= 0 I p Cit of LYNWOOD amm 1� 11 AII-AMERICA CITY ��,�T � City vldeeting ChaQQ ! � � � � ! 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 INTER OFFICE MEMO DATE: December 19, 1995 TO: Honorable Mayor and Councilmembers FROM: Faustin Gonzales, City Manage By: Andrea L. Hooper, City Clerk SUBJECT: Information Only one (1) Vacancy - Planning Commission The term of Commissioner Carlton McMiller, Planning Commission will expire January, 1996. Nominations at Councils regular meeting of January 2, 1996. Appointment at Councils regular meeting of January 16, 1996. is /, v 1• ,�.. ,i 1 :v 4.: .l 2 µ Cit of LYNWOOD ALL-AMERICA CITY ''�" � » ��� L� Ctty vlAeeting ChaPPenges i ' 1 11330 RULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 6010220 INTER OFFICE MEMO DATE: December 19, 1995 TO: Honorable Mayor and Councilmembers FROM: Faustin Gonzales, City Manage By: Andrea L. Hooper, City Clerk - SUBJECT: Appointment - Community Affairs Commission At Councils regular meeting of December 5, 1995 the following were nominated to the five (5) vacancies on the Community Affairs Commission. Councilman Heine nominated seconded by Councilman Henning to reappoint - Commissioners Lucille Walker, David Litsinger, A. Ann Fields, Yolanda Bays and Lorna Hawkins to the Community Affairs Commission. Appointment is in order. A.A 5 �� 74 & 4— p LZ C*TY or LYNV�ry rj 1 7 C T1 - 01ICF CLr" fOl - ICE *dJ&I AM 71819110111112ili213A PM U It- I . �J � x.:.,10 ►^�.,..� e cSL �o r � s�v�;S l.c�t, Ur o��-c.a� d � �f e- G.��r�mc►� - V� Q Y\ W\. CL N k r1 0�.'�i1�. -�or haV►��� �lc,�c� O� ?o rTcat AA � vvv.s5►O►1. 1 7C EIVED R F C LYNWOO[J CI= ^I,� OFF ICE AM I 1 PM 7 1 8 1 9 1 1 01111121112131415 1 6 4 • a City Council City of Lynwood Sirs: i 5300 Cortland; p')c�l OF LYNWOOD L;,q) wood, CA 9 J' SeITY CL.! R{CS OFFICE 18 0c ol,er 1995 AM PM Records indicate that my term as a member of the Community Affairs Corrmission ends at the end of this year. If it pleasec the Council, I will be willing- to serve our City as a member of the Community f'Lairs Commission for another term. "CV4 id DAVID 11. LITSINGER (31 632 5639 F IR ECEIVED TY OF LYNWOOD Y C:_� i;,S OFFICE A. ANN FIELDS, R.N., M.S 3920 Magnolia AM Lynwood, Ca 90262 718 r 9 i l0 lllr�rlr2r3r4r� 6 October 18, 1995 Dear Honorable Mayor and Councilmembers I respectfully request to be considered for reappointment to the City of Lynwood as a commissioner to the Community Affairs Commission (CAC) I wish to continue being a part of said commission as I have always enjoyed the privilege of serving the City of Lynwood Through my involvement with the Community Affairs Commission, .I have participated in issues that bring about cohesiveness and unity among citizens of Lynwood and its surrounding areas As an active constituent of the Cray and having affiliations with various government entities, I can be instrumental in assisting the City perform networking activities with other local government agencies. Sincerely, A. ANN FIELDS J F IR ECEIVED TY OF LYNWOOD Y C:_� i;,S OFFICE A. ANN FIELDS, R.N., M.S 3920 Magnolia AM Lynwood, Ca 90262 718 r 9 i l0 lllr�rlr2r3r4r� 6 October 18, 1995 Dear Honorable Mayor and Councilmembers I respectfully request to be considered for reappointment to the City of Lynwood as a commissioner to the Community Affairs Commission (CAC) I wish to continue being a part of said commission as I have always enjoyed the privilege of serving the City of Lynwood Through my involvement with the Community Affairs Commission, .I have participated in issues that bring about cohesiveness and unity among citizens of Lynwood and its surrounding areas As an active constituent of the Cray and having affiliations with various government entities, I can be instrumental in assisting the City perform networking activities with other local government agencies. Sincerely, A. ANN FIELDS