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HomeMy Public PortalAboutA2011-01-18CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Alfredo Flores Ramon Rodriguez Maria T. Santillan Jim Morton Aide Castro 4. PLEDGE OF ALLEGIANCE 5. INVOCATION AGENDA ITEMS ON FILE FOR CONSIDERATION f co QvS AT THE REGULAR MEETING OF I �� THE LY NWOOD CITY CO UNCIL TO BEE HELD ON R JANUARY 18, 2011 JAN 13 2011 COUNCIL CHAMBERS CITY OF LYNWOOD 11330 BULLIS ROAD, LYNWOOD CA 90262 CITY CLERKS OFFICE 5:00 P.M. MA1 - +A Q",V\or\e2 AIDE CASTRO C + ty c Imo. K b� C• o• MAYOR JIM MORTON ALFREDO FLORES MAYOR PRO -TEM COUNCILMEMBER RAMON RODRIGUEZ MARIA TERESA SANTILLAN COUNCILMEMBER COUNCILMEMBER CITY MANAGER CITY ATTORNEY ROGER L. HALEY FRED GALANTE CITY CLERK CITY TREASURER MARIA QUINONEZ SALVADOR ALATORRE OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Alfredo Flores Ramon Rodriguez Maria T. Santillan Jim Morton Aide Castro 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PRESENTATIONS /PROCLAMATIONS • Sheriff Captain James Hellmold — Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) 7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 8. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — January 4, 2011 9. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated January 18, 2011 for FY 2010 -2011. Recommendation: Staff recommends that the City Council approve the warrant register. 10. VENDOR RECOMMENDATION FOR CITYWIDE VOICE OVER INTERNET PROTOCOL (VOIP) TELEPHONY PHONE SYSTEM AND SERVICE AGREEMENT Comments With the City Manager's consent, staff released a Request for Proposals (RFP) for a Voice over Internet Protocol (VoIP) phone system to replace the City's existing phone system due to the age and deterioration of the equipment and high maintenance costs. A committee was selected to review the proposals and ultimately selected KTS Network Solutions as the finalist to implement a new voice over IP phone system. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE AND SERVICE AGREEMENT WITH KTS NETWORK SOLUTIONS, FOR A CITYWIDE VOICE OVER INTERNET PROTOCOL (VOIP) TELEPHONY SYSTEM USING SHORTEL EQUIPMENT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SAID AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." 11. PROJECT ACCEPTANCE & APPROVAL OF CONTRACT CHANGE ORDER NO.1 DRILLING AND DEVELOPMENT OF NEW WATER WELL NO. 22, PROJECT NUMBER 4011.97.894 Comments: On February 2, 2010, the City Council awarded a contract in the amount of $646,975 to Best Drilling and Pump, Inc. for the drilling and development of the new Water Well No. 22, located at the southwest corner of Lynwood City Park, Project Number 4011.67.894. The project started on March 16, 2010, and all construction work on the project was completed on October 14, 2010. The final construction cost for this project is $486,399, which includes the final contract quantities and the costs for Contract Change Order No. 1 that resulted in a credit of $160,576. The project is financed through the 2008 Water Bond and the Water Fund and is now ready for acceptance by the City Council. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CREDIT CONTRACT CHANGE ORDER NO.1; ACCEPTING THE DRILLING AND DEVELOPMENT OF NEW WATER WELL NO. 22 PROJECT, PROJECT NUMBER 4011.67.894, AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION ". 12. INDUSTRY WAY IMPROVEMENT PROJECT STREET CONSTRUCTION THROUGH THE INFORMAL BIDDING PROCESS Comments: A portion of Industry Way, west of Alameda Street, consist of roadway deficiencies that require immediate repair. These deficiencies produce water ponding and serious flooding in the surrounding area during periods of heavy precipitation. Public Works staff estimates the cost of this minor street construction to be approximately $40,000. Per the revised City of Lynwood Municipal Code, as adopted through Ordinance 1571, the City may elect to award a Public Works contract through the informal bidding process for any project that is estimated in cost to be between $30,000 to $125,000. Therefore, staff is requesting that the City Council approve this project and grant authorization to award contract through the informal bidding process. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CONTRACT DOCUMENTS AND WORKING DETAILS OF THE INDUSTRY WAY IMPROVEMENT PROJECT, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS THROUGH THE INFORMAL BIDDING PROCESS ". 13. CONTRACT AWARD CITY HALL HEATING, VENTILATION AND AIR - CONDITIONING (HVAC) SYSTEM REPLACEMENT PROJECT, PROJECT 4011.67.866 Comments: On May 4, 2010, the City Council authorized staff to solicit proposals for the design of the City Hall Heating, Ventilation and Air - Conditioning (HVAC) System Replacement Project. On June 15, 2010, the Lynwood City Council awarded a consulting services contract to Glumac Engineers for the design of the City Hall HVAC system. Subsequently, on October 19, 2010 the Council adopted the plans, contract documents, and working details of the HVAC system. On December 16, 2010, staff advertised the project in the Lynwood Wave Press and in various construction journals. This project entails the removal and replacement of existing and outdated HVAC system, ducts, diffusers and thermostats, in the City hall and City hall North. The project is funded by the Energy Efficiency Conservation Block Grant (EECBG) funds obtained from the Department of Energy. The intent of this project is to replace the existing HVAC units with energy efficient units thereby reducing energy consumption and green house gases (GHG) emission. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CJ PRO INC. IN THE AMOUNT NOT -TO- EXCEED $436,500 FOR THE CITY HALL HEATING, VENTILATION AND AIR - CONDITIONING SYSTEM REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER ". 14. STREET SWEEPING CONTRACT AMENDMENT Comments: The existing street sweeping contract with Joe's Sweeping, dba Nationwide Environmental Services (NES) commenced on August 15, 2006 for a term of seven years and is to end on August 31, 2013. Recently, due to economic reasons and changes in the City's street sweeping priorities, certain changes to the existing street sweeping agreement have become necessary. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE STREET SWEEPING SERVICES CONTRACT AGREEMENT AMENDMENT BETWEEN THE CITY OF LYNWOOD AND JOE'S SWEEPING, DBA NATIONWIDE ENVIRONMENTAL SERVICES (NES) ". 15. EAR PROGRAM FUND AGREEMENT Comments: The City was recently awarded funds from this program. A first phase budget has been approved in the amount of $999,983. In order to receive this funding, an agreement must be entered into by and between the City and the State Water Control Board. This contract will provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) AUTHORIZING THE USE OF EMERGENCY, ABANDONED, & RECALCITRANT PROGRAM FUNDS IN THE AMOUNT OF $999,983 TO CONDUCT CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD ". NEW /OLD BUSINESS 16. RECONSIDERATION ON THE ISSUANCE OF PARKING PERMITS FOR RECREATIONAL VEHICLES Comments: On January 4, 2011, the City Council adopted resolutions approving the establishment of two Residential Permit Parking Districts (RPPDs) and a system of permits. This parking permit program is intended to be a pilot program applicable only to certain neighborhoods and to last for one year unless extended by the City Council. At the same meeting, the City Council set the parking permit fee for vehicles at $50 per year and $150 for recreational vehicles. Residences would be restricted to one recreational vehicle permit per year within the pilot RPPDs. Upon review of the City Council's direction from January 4, 2011 to permit the parking of recreational vehicles within the pilot area, staff found that Ordinance No. 1555 chaptered as Section 7 -17(i) in the Lynwood Municipal Code (LMC) (Attachment A) prohibits the parking of recreational vehicle on public streets. Recommendation: Staff recommends for the City Council to uphold Ordinance No. 1555 prohibiting the parking or storage of recreational vehicles on public streets, highways, or alleys. 17. MAYORAL APPOINTMENTS FOR VARIOUS ORGANIZATIONS AND COMMITTEES Comments: Members of the City Council and staff serve on diverse municipal organizations that require representation of government officers. This participation allows the City to receive beneficial information and resources. Previously, the Mayor has made appointments to these organizations, with approval of the other Council Members. Recommendation: Staff recommends that the Mayor and Council review and appoint Delegates and Alternates for the various Municipal Organizations and Committees. 18. CITY COMMISSIONS, BOARDS AND COMMITTEES Comments In general, a city council has broad authority to appoint boards and commission as part of the sub - government of the city, unless otherwise limited by state law. Over time, as a matter of policy, with the exception of the Personnel Board which was created as an initiative ordinance, the City Council formed City commissions, boards and committees and established powers, duties and method of appointment for these bodies. Currently there are ten active commissions, boards, and committees that meet on a regular basis. Although useful, commissions, boards, and committees are not legally required by state law. Recommendation: Staff recommends that the City Council receive the report from staff and provide staff direction as to the City commission, boards and committees. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION AIDE CASTRO, MAYOR JIM MORTON, MAYOR PRO -TEM ALFREDO FLORES, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER MARIA T. SANTILLAN, COUNCILMEMBER CLOSED SESSION 19. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Gregory Woods v. City of Lynwood Case No. BC432575 B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON FEBRUARY 1, 2011 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. VI 1 AGENDA STAFF REPORT DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Ma PREPARED BY: Maria Quinonez, City Clerk fLll� Kristina Santana, Deputy City Clerk KS SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting —January 4, 2011 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITE LYNWOOD CITY COUNCIL REGULAR MEETING January 4, 2011 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:11 p.m. Mayor Castro presiding. Council Members Flores, Rodriguez, Santillan, Morton and Castro and were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS /PROCLAMATIONS • Cash for Chunkers Weight Loss Challenge Mayor Castro announced the weight loss challenge and asked everyone to take a flyer home and read more about the program. • Lynwood Athletics and Community Services The City Council presented Certificates of Recognition to the Lynwood Mitey Mite Division Football Team members Adrian Chavez, Christopher Campos, Raymond Miller, Trenton Johnson, Matthew Adams, George Bailey, Miguel Bernal, Ryan Covarrubias, Matthew Decoud, Tony Hilt, Michael Ibarra, Anthony Maris, Christopher McCoy, Andrew Miller, Daniel Osby, Jae'lyn Powell, Jason Ramirez, Anthony Scott, Yesmar Tatum, Tyler Tolan, Michael Torres, Elijiah Tuialli, and Vinshaun White; the Mitey Mite Division Football Team Coach James Sigmon; the Mitey Mite Division Football Assistant Coaches Vincent Osby, Samuel Torres, Davon Glasper, Malcolm Carter, Steve Brown, and David Bennett; the Mitey Mite Division Football Team Moms Lisa Chavez, and Jessica Mageno; the Mitey Mite Cheer Division members Giselle Campos, Alaysia Carvajal, Amalia Carvajal, Cheyanne Davidson, Aryane Hardwick, Trinity Johnson, Tyanna Johnson, Makayla Miller, Mariyah Miller, Alexis Torres, Kayla Tucker; and the Midget Cheer Division members Alexus Caliz, Jabaria Childers, Jacquelinn Cottrell, Jordan Grayson, Javonti Hall, Jazmine Mabry, Savannah Mesa, Markayla Thompson, and Laneisha Williams. • Sheriff Captain James Hellmold — Update on Law Enforcement Issues Lieutenant Chavez reported a relatively quiet holiday season. He stated that the rain helped a lot. He reported that graffiti is still a big problem and the Sheriff's Department is fighting it aggressively. He reported that the Department has made a number of graffiti related LYNWOOD CITY COUNCIL REGULAR MEETING January 4, 2011 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:11 p.m. Mayor Castro presiding. Council Members Flores, Rodriguez, Santillan, Morton and Castro and were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS /PROCLAMATIONS • Cash for Chunkers Weight Loss Challenge Mayor Castro announced the weight loss challenge and asked everyone to take a flyer home and read more about the program. • Lynwood Athletics and Community Services The City Council presented Certificates of Recognition to the Lynwood Mitey Mite Division Football Team members Adrian Chavez, Christopher Campos, Raymond Miller, Trenton Johnson, Matthew Adams, George Bailey, Miguel Bernal, Ryan Covarrubias, Matthew Decoud, Tony Hilt, Michael Ibarra, Anthony Maris, Christopher McCoy, Andrew Miller, Daniel Osby, Jae'lyn Powell, Jason Ramirez, Anthony Scott, Yesmar Tatum, Tyler Tolan, Michael Torres, Elijiah Tuialli, and Vinshaun White; the Mitey Mite Division Football Team Coach James Sigmon; the Mitey Mite Division Football Assistant Coaches Vincent Osby, Samuel Torres, Davon Glasper, Malcolm Carter, Steve Brown, and David Bennett; the Mitey Mite Division Football Team Moms Lisa Chavez, and Jessica Mageno; the Mitey Mite Cheer Division members Giselle Campos, Alaysia Carvajal, Amalia Carvajal, Cheyanne Davidson, Aryane Hardwick, Trinity Johnson, Tyanna Johnson, Makayla Miller, Mariyah Miller, Alexis Torres, Kayla Tucker; and the Midget Cheer Division members Alexus Caliz, Jabaria Childers, Jacquelinn Cottrell, Jordan Grayson, Javonti Hall, Jazmine Mabry, Savannah Mesa, Markayla Thompson, and Laneisha Williams. • Sheriff Captain James Hellmold — Update on Law Enforcement Issues Lieutenant Chavez reported a relatively quiet holiday season. He stated that the rain helped a lot. He reported that graffiti is still a big problem and the Sheriff's Department is fighting it aggressively. He 1 reported that the Department has made a number of graffiti related arrests that have led to $125,000 of restitution orders. He stated that the Department goal is to reduce graffiti. He reported that last year from February to December 31 officers arrested 636 people and seized 149 firearms. He reported that there has been an increase in graffiti in the last month, especially on Long Beach Blvd. and the Department will be utilizing electronic systems to combat it. He encouraged the Council and residents to call the Department if they see any suspicious or illegal behavior. Mayor Pro Tem Morton thanked the Sheriff's Department for working with youth and families. Lieutenant Chavez announced that there will be town hall meetings on January 11 at Lynwood High School and January 13 and Firebaugh High School, to reach out to parents about the anti - narcotic and anti - gang programs. Mayor Castro asked if the Department will be introducing Sita, the new K9, to the parents. Lieutenant Chavez stated that the Department will introduce Sita to parents at the town hall meetings and also to the students at school assemblies. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:43 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on Item #19 — CLAIM BY AT &T FOR REFUND OF UTILITY USERS TAX ON DATA SERVICES. Ms. Garcia stated, "Is it not that every resident was supposed to get one year from the illegal ten percent that was applied at that particular time, I noticed that AT &T is requesting 112,000 and some change because of the money they collected and rendered to the City for their services or something similar to that. Thank you ". Frank P Calderon commented on Item #19 — CLAIM BY AT &T FOR REFUND OF UTILITY USERS TAX ON DATA SERVICES. He stated that in 1992 the City Council passed the UUT without voters consent, thereby violating the voters' constitutional rights. He further commented that nothing has been done to correct this. He stated that this is punishing the residents, especially in this economic climate. He provided copies of his statement to the City Council, City Attorney and City Manager. Derrick Alatorre from AQMD announced two programs. He announced the Check Before You Burn program that encourages residents to check with AQMD by calling (909) 306 -3000 or logging on to www.agmd.gov before lighting their fireplace because fireplaces contribute approximately ten tons of particulate matter to the environment, 2 which can be especially hazardous on bad air quality days. He also announced Rule 1193 which requires cities with private refuse collection contracts to include alternative fuel vehicles. He reminded the City to enforce this rule with their contracts. PUBLIC ORAL COMMUNICATIONS Antonio Munguia stated that he has lived in Lynwood for 30 years and has never seen a tree company work as well as the current tree company. He stated that he was grateful for their services and thankful for the quick service from the City Manager whom he reported a fallen tree to. Joaquin Mesinas stated that he was in support of the parking permit program. He stated that it will be safer for the Lynwood communities, better for sheriffs who patrol the area, better for fire trucks, and great for Lynwood. City Attorney Fred Galante stated that Mr. Mesinas' public comment should be reflected in the public hearing public comments for Item #8. Jeannie Mims stated that her neighborhood had a power outage yesterday and Southern California Edison did not respond promptly. She asked Council for their support in lobbying Southern California Edison for proper service. She provided Council with a list of neighbors and their contact information. Sylvia Ortiz stated that she believed that Mayor Castro did not properly report funds on her 460 forms and has reported it to the FPPC. She stated that the Assistant City Manager continuously rejects her requests for public information and disrespected her by throwing her out of his office. She asked the City Attorney to advise Council and staff to not disrespect community members. She stated that the Council will be hearing from her attorney. She stated that the Cash for Chunkers program was ridiculous. She stated that she does not believe Lynwood is an All America City. Paulette Bradley stated that she was happy to report that there was no gunfire during the New Year celebration this year. She applauded Council for bringing dignity and sanity back to the community. Pearline Calderon stated that though she appreciated the recognition of the children at the meeting, she recognized a grave fire hazard as the room filled beyond capacity and asked Council to be sure to hold Council Meeting in Bateman Hall when they know there will be a large crowd. She also commended the Mayor for allowing the residents their freedom of speech. Frank P. Calderon stated that he supports Mrs. Calderon's statement on free speech. He stated that you cannot censor people in politics. He stated that he went to the army to protect Americans' right to free speech. . 3 PUBLIC HEARINGS Item #8. APPROVAL OF THE AREA 1 RESIDENTIAL PARKING PERMIT DISTRICT AND THE BRADFIELD AVENUE RESIDENTIAL PARKING PERMIT DISTRICT, ESTABLISHMENT OF A SYSTEM OF POLICIES AND PROCEDURES AND ADOPTION OF FEES AND FINES City Manager Roger Haley introduced the item regarding the approval of the area 1 residential parking permit district and the Bradfield Avenue residential parking permit district, establishment of a system of policies and procedures and adoption of fees and fines. There was a video presentation by City Manager Haley and then by Parking Manager J.D. Whitaker. It was moved by Council Member Rodriguez, seconded by Council Member Flores, to open the public hearing. City Clerk Maria Quinonez announced that Joaquin Mesinas submitted the following comment during the public oral comment period: Joaquin Mesinas stated that he was in support of the parking permit program. He stated that it will be safer for the Lynwood communities, better for sheriffs who patrol the area, better for fire trucks, and great for Lynwood. Alex Landeros stated that he is in support of the parking permits but does not believe that the program will work the way it is currently drafted. He stated that the problem will continue to exist because people will purchase permits for other people and there is no way to determine where the car should be parked. Antonio Munguia stated that this parking program is long overdue and that he is in support of it. He asked the Council Members to vote in favor of this program for the people that care for the City of Lynwood, as well as for the safety of the residents. Irene Garcia stated, "I picked this up as proposed residential parking and personally I would have appreciated very much if every resident would have gotten this in English and Spanish in their water bill or trash bill so that they could be apprised because the ad that was put in the paper is not acceptable. The fact that it's in the newspaper, you only get it if you come to the City and get it. People are not informed properly. With regards to Item 8, we've had people who rent part of their homes, those people have other cars which they park and do not move and it creates a problem because some of the neighbors have to go and park on the next block or further down at the end of the block. Those are tenants, perhaps if you would cite the person that is renting because he or she has to accommodate for parking on their premises and those are taking up parking spaces for the rest of the homeowners and I noticed that on the paper of the October D 21, 2010 Lynwood Press Wave, it was noted that there were 39,000 registered vehicles and 15,000 unregistered. Why are they allowed, is my question. Why are they still here? Why are they allowed? Last year I turned in license plates, make and models, car owners of all vehicles, I even called the Sheriff because it was one tenant that had fifteen cars for sale. One of them happened to park in front of my house, did not move and he had four or five gentlemen come during the evening time, pop open the hood and he says, on the internet it is worth four - thousand - five - hundred and I'll let you have it for a thousand but he couldn't even start the car. You have a lot of these people that are renting and it creates a problem for others. Is it impossible to get with the DMV? When I called the Sheriffs they came out and they said, 'what do you want me to do? Because there is nothing we can do because they are legally parked'. I said I can tell you where it legally resides and request proof of insurance. DMV has to have all the vehicles that are there, I believe within a ten day period to transfer residence, where they belong and all of those that don't belong there should be impounded. I don't want to pay for somebody else. I don't want to pat them on the back for wrong doing and um there are some that I have to mention, recession. Many people lost their homes, many people came back home because they cannot afford rents ". Arthur Martinez asked if New Year Day would be included as a day of enforcement or not since it was not included in the agenda but was included on the presentation. He asked if handicap people would be exempt from paying for a permit. He asked if buying a permit would allow him to park anywhere he wanted. He stated that he is concerned about the high price of the guest permits. Joe Battle stated that the presentation provided an unfair comparison amongst cities with parking permit programs due to the disparity in median household incomes. He stated that the current proposed program is anti - family. He mentioned that the new 99 unit apartment complex will also be included in the program boundary. He also stated that there should be someone available to sell parking permits after hours; otherwise it is not fair for residents who want to do the right thing. Paul Brizette stated that in 1964 the law said that every car had to be in a garage between the hours of 2am and 6am. He asked Council, who will come out at night and write citations to cars without permits. Pat Carr commended council on this difficult project and offered her support. She stated that her neighborhood does not have a parking problem but she believes that Council should also address mobile home parking because it creates a dangerous situation for drivers who are unable to see traffic signs. Lorraine Reed stated that this parking program is long overdue and she is happy about it. She stated that this program is successful in other cities but the only thing she would like to see is the extension of the prohibited parking hours. She also asked Council to get the unregistered cars out of the City. 5 Paulette Bradley asked Council to use the same hours as the party ordinance hours for the parking permit hours. She also stated that she is concerned about not having enough staff members to carry out the program and enforce it properly. She stated that she cannot park in her neighborhood because there is never any parking available in her neighborhood and this program is very much needed. Anna Beraza stated that she was in support of the parking permit program. She stated that when she first moved to Lynwood in 1988 there was plenty of parking available on the street but now she even has trouble getting into her driveway. She stated that Lynwood has to enforce rules like they do in Beverly Hills. She stated that she received a citation on January 31 because someone stole her registration sticker. She said she wants to be able to park her car in front of her house. She asked Council to be strict with the program and also asked about who will be giving citations in the night time. Mayor Castro asked staff to give Ms. Beraza information on appealing a ticket. It was moved by Mayor Castro, seconded by Council Member Santillan, to approve the resolution from 2 -6am, with 2 permits per residence, a $50 per permit, 24/7 restriction in Bradfield area, 1 week amnesty for residents, and a parking permit cost of $150 for any type of recreational vehicles that impede the view of traffic signs. Mayor Castro clarified her motion to include New Years Day as a non enforcement day in the resolution. City Manager Roger Haley clarified that the program will start on March 1 st and amnesty will be given and reminders will be handed out until March 8th. RESOLUTION NO. 2011.001 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADOPTING A PILOT RESIDENTIAL PARKING PERMIT PROGRAM, ESTABLISHING THE AREA 1 RESIDENTIAL PARKING PERMIT DISTRICT TO PROHIBIT PARKING IN THE PILOT AREA FROM 2 A.M. TO 6 A.M. UNLESS A PARKING PERMIT IS PURCHASED AND DISPLAYED, ESTABLISHING A SYSTEM OF POLICIES AND PROCEDURES TO REGULATE ISSUANCE OF PARKING PERMITS AND ADOPTING FEES AND FINES RESOLUTION NO. 2011.002 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADOPTING A PILOT RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT (RPPD) TO PROHIBIT PARKING ON BRADFIELD AVENUE FROM AGNES AVENUE TO CARLIN AVENUE AT ALL TIMES UNLESS A PARKING PERMIT IS PURCHASED AND DISPLAYED; ESTABLISH A SYSTEM OF POLICIES AND PROCEDURES TO REGULATE THE ISSUANCE OF PARKING PERMITS, AND ADOPT FEES AND FINES D AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. PROPERTY NUISANCE ABATEMENT -3785 PALM AVENUE, LYNWOOD, CA 90262 City Manager Roger Haley introduced the item regarding the property nuisance abatement at 3785 Palm Avenue in Lynwood, CA 90262. It was moved by Council Member Rodriguez, seconded by Council Member Flores, to open the public hearing. It was moved by Council Member Rodriguez, seconded by Council Member Flores, to close the public hearing and approve the staff recommendation. RESOLUTION NO. 2011.003 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3785 PALM AVENUE, LYNWOOD, CALIFORNIA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 011, PARCEL NO. 023 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN Item #10. PROPERTY NUISANCE ABATEMENT -11021 DUNCAN AVENUE, LYNWOOD, CA 90262 City Manager Roger Haley introduced the item regarding the property nuisance abatement on 11021 Duncan Avenue in Lynwood, CA 90262. It was moved by Council Member Rodriguez, seconded by Council Member Flores, to open the public hearing. It was moved by Council Member Flores, seconded by Mayor Castro, to close the public hearing and approve the staff recommendation. RESOLUTION NO. 2011.004 ENTITLED: 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 11021 DUNCAN AVENUE, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 007, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN CONSENT CALENDAR It was moved by Mayor Castro, seconded by Mayor Pro Tern Morton, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11. MINUTES OF THE PREVIOUS MEETINGS: Regular Meeting — December 7, 2010 Regular Meeting — December 21, 2010 Item #12. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2011.005 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #13. CONSTRUCTION CONTRACT AWARD WATER WELL NO. 9 REHABILITATION PROJECT. PROJECT NO. 4011.67.876 RESOLUTION NO. 2011.006 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO PALM SPRINGS PUMP AND DRILLING AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $98,394 FOR THE WATER WELL NO. 9 REHABILITATION PROJECT, PROJECT NO. 4011.67.876 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT 9 Item #14. EMERGENCY REPAIRS OF 16" WATER TRANSMISSION LINE, 8" SEWER MAINLINE AND REPLACEMENT OF SEWER LATERAL AT 3733 FERNWOOD AVENUE RESOLUTION NO. 2011.007 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE EMERGENCY REPAIR OF THE CITY'S 16" TRANSMISSION LINE WITH THE METROPOLITAN WATER DISTRICT, THE CITY'S 8" SEWER MAINLINE (PEACH STREET AND VIRGINIA AVENUE), AND REPLACEMENT OF A SEWER LATERAL AT 3733 FERNWOOD AVENUE AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATION AND TRANSFER OF $30,000 AND $34,100 FROM THE WATER FUND TO ACCOUNT NO. 6011.45.450 AND 6011.45.460 RESPECTIVELY Item #15. LOS ANGELES COUNTY HOUSEHOLD HAZARDOUS WASTE AND ELECTRONIC WASTE ROUND -UP EVENT SITING LIABILITY AGREEMENT (SLA) RESOLUTION NO. 2011.008 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE HOUSEHOLD HAZARDOUS AND ELECTRONIC WASTE COLLECTION THE SITING LIABILITY AGREEMENT (SLA) BETWEEN THE CITY OF LYNWOOD AND THE COUNTY OF LOS ANGELES Item #16. CONTRACT CHANGE ORDER #2 IMPERIAL HIGHWAY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.871 FEDERAL PROJECT NO. 07- LA- 0- LYN -ESPL 5250 (016) RESOLUTION NO. 2011.009 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 2 IN THE AMOUNT OF $27,869.06 TO THE CONSTRUCTION CONTRACT AWARDED TO International Paving Services, Inc. FOR THE IMPERIAL HIGHWAY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.871, FEDERAL PROJECT NO. 07 -LA -0- LYN -ESPL 5250 (016) AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT CHANGE ORDER Item #17. AMENDMENT NO. 3 TO THE DESIGN CONTRACT FOR THE LONG BEACH BOULEVARD IMPROVEMENTS, PROJECT NO. 4011.67.937 RESOLUTION NO. 2011.010 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT AMENDMENT NO. 3 TO THE CONSULTING SERVICES CONTRACT WITH APA ENGINEERING, INC. FOR DESIGN SERVICES OF THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.937 FOR THE NOT -TO- EXCEED FEE OF $49,430; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER Item #18. CALIFORNIA ENERGY COMMISSION LOAN PAYMENT RESOLUTION NO. 2011.011 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING PAYMENT OF THE CALIFORNIA ENERGY COMMISSION LOAN FROM THE TRAFFIC SIGNAL MAINTENANCE ACCOUNT NO. 2051.45.430 Item #19. CLAIM BY AT &T FOR REFUND OF UTILITY USERS TAX ON DATA SERVICES Council approved staff recommendation to deny the claim of AT &T. Item #20. Council Member Rodriguez pulled Item #20 — INVESTMENT UPDATE Council Member Rodriguez pointed out that the staff report stated that the LAIF daily rate is 47% but the correct percentage is .47 %. Mayor Castro stated that the hard copy agenda does show .47% but the electronic agenda had the mistake of 47% on it. It was moved by Mayor Pro Tern Morton, seconded by Mayor Castro, to approve the item with the correction. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE NEW /OLD BUSINESS Item #21. LYNWOOD ALUMNI COLLEGE CONFERENCE SUPPORT REQUEST Director of Recreation and Community Services, Perry Brents introduced the item regarding the Lynwood Alumni College Conference Support Request. Mayor Castro stated that this request is for the 11 Annual Lynwood Alumni College Conference that will be held on Saturday, January 8 th at Firebaugh High School with registration starting at 8:00 a.m. and put together by Lynwood alumni who go off to college and before going back they put this event together to try to motivate young students to also enter higher education. 10 It was moved by Mayor Pro Tern Morton, seconded by Council Member Flores, to approve staff recommendation. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Flores stated that though the UUT was previously implemented incorrectly, the last UUT was correctly voted on by residents. He said that Council is grateful for the Sheriffs Department who are making great changes in the City. He reminded everyone to be happy for being alive and for the ability to express their opinions. He said that he understands freedom of speech should be respected but reminded everyone of the fine line and that freedom of speech is not about being rude. He said he believed the City's Cash for Chunkers program is a good thing and if the city is being laughed at for promoting health, then he would rather be laughed at for promoting health. He thanked everyone for attending the meeting and wished everyone a good day. Council Member Rodriguez thanked everyone for attending the meeting. He stated that it was a great 2010 and he is hoping that 2011 is even better. He thanked the Sheriffs Department for doing an outstanding job. He wished everyone a happy new year. Mayor Santillan wished everyone a happy new year and stated that she hopes 2011 is better than 2010. She stated that there was a very disrespectful resident at the council meeting but staff does not have to put up with any disrespectful residents. She stated that although Council is made up of elected officials, they do not have to deal with slanderous remarks during public comment and as long as she is a council member she will not allow and nor does any council member have to allow, slanderous comments during council meetings. She stated that she was upset by the disrespectful resident and hoped that she did not offend any new comers to the meeting. Mayor Pro Tern Morton thanked everyone for attending the meeting and wished everyone a happy new year. He said it was wonderful to see all the young people get involved with City sports. He said that the City has to work with the youth and keep them involved in activities in order to keep them from getting involved in gangs and graffiti. He said that the city pays thousands of dollars a year to clear out graffiti but the human inspiration to do better with your life is also put down by all the graffiti and the gangs. He encouraged people to call We -Tip to stop graffiti. He said that the kids are the future and we have to do more to make a difference. He thanked the Parks & Recreation department for working with the kids and senior citizens. He thanked everyone for attending the meeting, he reminded everyone that the parking permit 11 program is just a trial and Council will do their best to work out the kinks, and lastly he thanked the Sheriffs department for their hard work. Mayor Castro stated that next time the Council anticipates a large crowd, they will be sure to move the meeting to Bateman Hall. She announced that the Sheriff's Department will have a town hall meeting on January 11 at Firebaugh High School and on January 13 and Lynwood High School and she recommended that everyone attend. She stated that when the residents voted for the UUT they rectified the error that the prior council committed and ratified the tax and that is why a reimbursement was not made. She stated that the reimbursement that AT &T is seeking is due to their own negligence. She asked staff to check in to the AQMD requirements regarding the City's waste disposal contract. She stated that she has been communicating with the City Manager regarding the Southern California Edison power outages and she expects SCE to complete their repairs on a timely basis such as they would in a city like Beverly Hills. She thanked the residents and fellow Council Members. She stated that she respects freedom of speech but is thankful that Lynwood residents understand the difference between freedom of speech and slander and hatred. CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss two closed session items on the city council agenda. It was moved by Mayor Pro Tern Morton, seconded by Council Member Flores and carried to recess to closed session at 7:30 p.m. The City Council reconvened at 8:13 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #22. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Gregory Woods v. City of Lynwood Case No. BC432575 Held a discussion and no reportable action was taken. 2. Name of Case: City of Lynwood v. Maria De Jesus Garcia 12 Case No. TCO22178 Held a discussion, by motion of Mayor Castro, seconded by Council Member Rodriguez and unanimously carried, the Council directed the retention of the law firm of Bruce Greenberg at a contingency rate of 35 %. ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores, and carried to adjourn the regular Lynwood City Council meeting at 8:14 p.m. Aide Castro, Mayor Maria Quinonez, City Clerk 13 0 AGENDA STAFF REPORT DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Managq� PREPARED BY: Robert S. Torrez, Assistant City Manager Lilly Hampton, Accounting Technician SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for Fiscal Years 2010 -2011. Attached Warrant Register dated January 18, 2011 ITEM q 9 C) y o � � O CL d L U D O ' O a o 0 c �n J O E 0 m m o 0 N > N S N Lo O O W c b N J Ox c U 0 >.0 � J O O N o CQ v N O N d d t U CD U N w O Q J Q O J Q 0 O O 1l) D Cl) C O o 0 O O d y N N Y r N C 00 N N L N' r G N y O D U N N O W N 2 O L Y m Y U N CL N R m , m 0 0 0 O N A a+ F Y c A a a A 0 O 0 O N Y v a r U A C O CL d N L_ C N Y N L U d O7 W CL r N � N n N n C U m N N N L U a r a ui G N J t O E Y c A ° O a � N R M C O I C w N J O a� N 2 Y U d t U m O d O U N �O O c rn d m _ 0 a ° N O w a o U N J A N R a N a ai r N r O N U � o. m o z W O z D z O U U) U z Q LL LL M O W a (D) C 0 O m O O y N y � M O a a N # M y N N V t N y U c m m N Y V d L U . 0 F O d N U1 L_ C N 0 U N L U d R IL N y O A O a a0 a � L M U N 9 N O IL o r c O O C6 E r Q v 0 0 N N O O 00 C Y V O N O N J ox w N wQ 0 0 N Y y✓ rn rn U U � d m o 0 L U U yl Y Z Q 00 co � M O � 'O C O 1 O � O Q y N O y jd W r C 0 O. 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O 0 w o r N r rn O o G m 0 00 .•_ C-i Y r r r r r r 'L LA O O N m N (0 N N N N L L O LO L cl 0 w m w w w Q0 V V r N N r y m- m N r 0 « N V d N 0 M 0 V 0 (0 0 w 0 r 0 N Y V M O 0) 0) O) W L C (° (O > O N D) m a d O1 d a « 0 y O O 3 c G1 T L J V 0 7 O T. .a 2 a N N CO O N r r r O W N — M L G r 0 C 0 0 L O a d U S I O 'O c Y C U n co m W Q m O (n d p H F 0 d L Z z Z c ? C m m m W w S vi vi r v � n r Y U w Cc co w Q Q N Q N .. O M M M M o a o 0 0 U O. m W Q m O (n d p H F 0 d L Z z Z c ? C m m m W w S 7 Z Z LU a >o >o Y U w Cc co w Q Q N Q N .. W w o a o 0 0 U z O F 0] z Z O U p O � I "' w W Ci W O r O O N O O m a Z w O O z 7 Z O U U) U Z LL M m 0 0 0 N 00 d V O � O U d Y O N m > O � V M M O O O O O O N N O o O N p N M M X O� N O d D) l0 EL Y C co a Y M Z Q m .. o C U O. r C N `o O c w o d d N L L pp U U J N N X O� N O d D) l0 EL DATE: TO: APPROVED BY: AGENDA STAFF REPORT January 18, 2011 Honorable Mayor and Members of the City Council Roger L. Haley, City Manag PREPARED BY: Robert Torrez, Assistant City Manager Peter Han, Information Systems Manager SUBJECT: Vendor recommendation for Citywide Voice Over Internet Protocol (VoIP) Telephony Phone System and Service Agreement Recommendation: Staff recommends that the City Council adopt the attached resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE AND SERVICE AGREEMENT WITH KTS NETWORK SOLUTIONS, FOR A CITYWIDE VOICE OVER INTERNET PROTOCOL (VOIP) TELEPHONY SYSTEM USING SHORTEL EQUIPMENT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SAID AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." Background: With the City Manager's consent, staff released a Request for Proposals (RFP) for a Voice over Internet Protocol (VoIP) phone system to replace the City's aging and outdated phone system. A five - member committee was formed to review eight proposals that were received by the City Clerk's office on December 30, 2010. The City is currently using a PBX (Private Branch Exchange) phone system using Mitel equipment. The existing handsets are ten years old and the main system has been upgraded and maintained by the same vendor (Data Plus Communications) for the past 20 years. The current system is costly to maintain, has many limitations, and is problematic in various areas. Pictures of the current system are shown in Attachment A. The following table shows the maintenance and upgrade costs for the past five years: ITEM I D Fiscal Year ' = Cost _ 2010 $23,747 2009 $40,244 2008 $40,852 2007 $59,746 2006 $64,094 5 Year Total $228,683 Discussion & Analysis: VoIP or Voice over IP (Internet Protocol) is a phone system specifically designed to communicate on the same network as networked computers and work the same way that data is sent through the internet. In contrast to using copper wires to send analog signals like our current phone system, VoIP sends digital packets that are converted to sound. VoIP is gaining momentum and is being deployed in many organizations because of its increased set of features and lower costs to operate and maintain. Staff feels that it is an ideal time to replace the City's existing phone system due to the following reasons: • The City's existing phone system is outdated and using older technology. • Voice mail is problematic and often cuts off in mid - sentence. • The existing systems is costly to maintain and operate especially when moving lines. • Staff from the Annex building will be moving temporarily to portable trailers next to Bateman Hall and will require a phone system. • The new Annex and Council Chambers will require phone systems. • A VoIP solution is easier and less costly to maintain; lines can be moved easily by IT staff, thereby saving cost of having vendor performs these services Ultimately, staff's goals are to lower the total cost of ownership, reduce long distance charges, allow for easier system management, and enable new solutions such as "unified communications" that can deliver phone calls, faxes, voice mails, and email to any handset or cell phone. The following table shows the vendor proposals, pricing, service costs, and the proposed solution: FA Staff has thoroughly evaluated all proposals and scored the proposed solutions based on the following criteria and weighted average: 1. Design, capability, redundancy and functionality of the system and application software. 2. Overall cost and cost justification 3. Strength and experience of vendor 4. Quality of hardware, features, and technical specifications 5. Referral ratings 6. Adherence to specified form / Completeness of proposal The total group average for the selection committee are shown below: Company Total Group Average ATI Ongoing AT &T 7.43 Total for Service Cost Yearly Proposed IAS Technology Solution /Year Software/ Solution 8.83 Standard Tel Networks 8.34 Maint Cost ATI $175,221 $20,027 n/a Shoretel AT &T $101,476 $10,564 n/a Alcatel /Lucent DataPlus $112,106 $13,452 n/a Mitel DTC Digital $133,364 $12,711 n/a NEC Telco IAS $124,413 $6,915 $5,898 Avaya Tec Technolo Intelesys $126,997 $5,807 n/a Shoretel One KTS Network $95,649 $5,127 $0 Shoretel Solutions Standard Tel $116,237 $6,454 $3,412 Mitel Networks Staff has thoroughly evaluated all proposals and scored the proposed solutions based on the following criteria and weighted average: 1. Design, capability, redundancy and functionality of the system and application software. 2. Overall cost and cost justification 3. Strength and experience of vendor 4. Quality of hardware, features, and technical specifications 5. Referral ratings 6. Adherence to specified form / Completeness of proposal The total group average for the selection committee are shown below: Company Total Group Average ATI 6.42 AT &T 7.43 DataPlus 7.54 DTC Digital Telco 7.37 IAS Technology 8.45 Intelesys One 8.10 KTS Network Solutions 8.83 Standard Tel Networks 8.34 3 Fiscal Impact: The total cost for a new citywide VoIP system including new handsets, switching hardware, and software will cost approximately $130,000 and includes a 5 -year maintenance and support contract. This amount is significantly less than the amount the City spent the past five years for the maintenance and upgrades of the legacy phone system. The system is expected to last a minimum of 10 -12 years. The true savings and the total cost of ownership will be seen after the first five years. Since the cost of software maintenance and service is approximately $5,200 per year and IT staff will administer the new phone system, the City will budget at most $80,000 for years 2016 through 2020 for maintenance and support. This is still $148,000 less than what it cost the City to maintain the legacy Mitel phone system for the past five years. An additional $10,000 will be needed to upgrade the City's network infrastructure to support the new voice over IP system. The funding source for this project will come from four sources. 1. $40,000 from the Public Works Annex/Chambers capital improvement project 2. $60,000 from funds remaining from the Public Works Yard surveillance camera project. 3. $30,000 from the Human Resources telephone budget. 4. $10,000 from the Information Technology division budget. Coordinated With: City Attorney 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE AND SERVICE AGREEMENT WITH KTS NETWORK SOLUTIONS, FOR A CITYWIDE VOICE OVER INTERNET PROTOCOL (VOIP) TELEPHONY SYSTEM USING SHORTEL EQUIPMENT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SAID AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, staff released a Request for Proposals (RFP) for a Voice over Internet Protocol (VoIP) phone system to replace the City's aging and outdated phone system; and WHEREAS, the existing handsets are ten years old and the main system has been upgraded and maintained by the same vendor (Data Plus Communications) for the past 20 years; and WHEREAS, the current system is costly to maintain, has many limitations, and is problematic in various areas; and WHEREAS, a five member committee was formed to review eight proposals that were received by the City Clerk's office on December 30, 2010 and ultimately selected KTS Network Solutions to implement a new voice over IP system; and WHEREAS, staff feels that it is an ideal time to replace the City's existing phone system due to the following reasons: • The City's existing phone system is outdated and using older technology. • Voice mail is problematic and often cuts off in mid - sentence. • The existing system is costly to maintain and operate especially when moving lines. • Staff from the Annex building will be moving temporarily to portable trailers next to Bateman Hall and will require a phone system. • The new Annex and Council Chambers will require phone systems. • A VoIP solution is easier and less costly to maintain; lines can be moved easily by IT staff, thereby saving cost of having vendor perform these services; and WHEREAS, staff's goals are to lower the total cost of ownership, reduce long distance charges, allow for easier system management, and enable new solutions such as "unified communications" that can deliver phone calls, faxes, voice mails, and email to any handset or cell phone; and WHEREAS, funding sources are available for a new phone system which will cost approximately $130,000 and include a five -year maintenance contract; and 5 WHEREAS, the system is expected to last a minimum of 10 -12 years and the true savings and the total cost of ownership will be seen after the first five years; and WHEREAS, IT staff will administer the new phone system and the City will budget at most $80,000 for years 2016 through 2020 for maintenance and support, which is $148,000 less than what it cost the City to maintain the legacy Mitel phone system for the past five years. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood approves and authorizes the City Manager to negotiate the said agreement with KTS Network Solutions and the Mayor to execute agreement from KTS Network Solutions to implement a new voice over IP phone system for the City of Lynwood, subject to approval of the form of the agreement by the City Attorney. Section 2. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of , 2011. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Robert Torrez Assistant City Manager 0 ATTACHMENT A Existing Mitel phone system and phone patch panel. Older PBX system requires more maintenance and is more costly to operate. A GEN DA ST R DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag� PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Project Acceptance & Approval of Contract Change Order No. 1 Drilling and Development of New Water Well No. 22 Project Number 4011.67.894 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 1; ACCEPTING THE DRILLING AND DEVELOPMENT OF NEW WATER WELL NO. 22 PROJECT, PROJECT NUMBER 4011.67.894, AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION ". Background: On February 2, 2010, the City Council awarded a contract in the amount of $646,975 to Best Drilling and Pump, Inc. for the drilling and development of the new Water Well No. 22, located at 3615 Spruce Street, which is the southwest corner of Lynwood City Park, Project Number 4011.67.894. The project started on March 16, 2010, and all construction work on the project was completed on October 14, 2010. The project is funded with the 1999 Water Bond funds and is now ready for acceptance by the City Council. Discussion & Analysis: During the course of the planned drilling of new Water Well No. 22 to a depth of 1,300 feet, it became apparent that the well needed to be cased and developed to only a depth of 615 feet to meet the planned production goal of 2,500 gallons per minute (gpm). The reduced scope of work produced a net credit of $160,576 to the City Water Fund. The final construction cost for this project is $486,399, which includes the final contract quantities and the credit for Contract Change Order No. 1. ITEM I I Fiscal Impact: The project final construction cost of $486,399 is distributed as follows • Original Construction Contract Amount: $646,975 • Contract Change Order No. 1: Bid Item Description Amount 2) Decrease in footage of sound barrier curtain ($ 300) (reduction of 3.5 feet) 5) Drill pilot hole to 1,314 feet $ 630 (14 feet additional) 8) Install 50 feet of bentonite clay at bottom $ 300 (15 feet additional) 913) Ream pilot hole to 26 inches ($ 22,750) (reduction of 650 feet) 11B) Furnish and install 16 inch casing ($ 68,800 (reduction of 430 feet) 11 C) Furnish and install 5 /16 — inch casing ($ 25,850 (reduction of 235 feet) 11G) Furnish and install 335 feet of 2 inch tube $ 24 (2 feet additional) 12) Furnish and install Mid -Cal sand ($ 31,905 (reduction of 709 feet) 13) Furnish and install grout seal cement $ 135 (3 lineal feet additional) 15) Stand -by hours ($ 2,400' (reduction of 24 hours) 17A) Chemical treatment using chlorine ($ 260 (reduction of 130 gallons) 17B) Chemical treatment using NW -220 ($ 1,200 (reduction of 20 gallons) 2 18B) Place pump at different depth setting ($ 600) (reduction of work time) 19) Pumping and well development ($ 750) (reduction of 3 hours) 20B) Perform 48 -hour constant pump test ($ 5,750) (reduction of 23 hours) 25) Well abandonment ($ 1,100) (reduction of work time) • Total Credit Amount: ($160,576) • Final Construction Cost: $486,399 The project budget was adequately financed to cover the final construction cost through the 2008 Water Bond and the Water Fund. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 1; ACCEPTING THE DRILLING AND DEVELOPMENT OF NEW WATER WELL NO. 22 PROJECT, PROJECT NUMBER 4011.67.894, AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION WHEREAS, on February 2, 2010, the City Council awarded a contract in the amount of $646,975 to Best Drilling and Pump, Inc. for the drilling and development of the new Water Well No. 22, Project Number 4011.67.894; and WHEREAS, the project started on March 16, 2010 and was completed on October 14, 2010 and was scheduled for completion during fiscal year (FY) 2010 -2011; and WHEREAS, the project is financed through the 2008 Water Bond and the Water Fund; and WHEREAS, the final construction cost is $486,399, which includes contract Change Order No. 1 that resulted in a credit of $160,576 due to the reduced scope of work in the drilling of new Water Well No. 22; and WHEREAS, the current project budget is adequate to cover the final construction cost; and WHEREAS, Public Works staff conducted the final inspection on October 18, 2010 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council of the City of Lynwood approves Contract Change Order No. 1 in the credit amount of $160,576 for the construction contract with Best Drilling and Pump, Inc. for the drilling and development of the new Water Well No. 22 , Project Number 4011.67.894. Section 2 . That the Mayor or her designate is hereby authorized to execute said Contract Change Order No. 1. Section 3 . That the City Council of the City of Lynwood accepts the Drilling and Development of new Water Well No. 22 Project, Project Number 4011.67.894, as complete in accordance with contract documents; and authorizes the City Engineer to process the recordation of the Notice of Completion. 4 Section 4 . This Resolution shall go into effect immediately upon its adoption. Section 5 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18 day of January, 2011. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM Fred Galante City Attorney APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 20_, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20_ City Clerk, City of Lynwood A GEN DA ST RE C �4n. yVyy J � i DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag6* PREPARED BY: G. Daniel Ojeda, P.E., Director '_ off r Public orEngineer Paul Nguyen, Capital Improvement Program Manager SUBJECT: Industry Way Improvement Project Street Construction through the Informal Bidding Process Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CONTRACT DOCUMENTS AND WORKING DETAILS OF THE INDUSTRY WAY IMPROVEMENT PROJECT, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS THROUGH THE INFORMAL BIDDING PROCESS ". Background: The portion of Industry Way located just west of Alameda Street consists of some roadway deficiencies that require immediate repair. These deficiencies produce water ponding and serious flooding in the surrounding area during periods of heavy rain. Public Works staff estimates the cost of this minor street reconstruction to be approximately $40,000. Discussion & Analysis: Per Section 6 -6.6 "Informal Bidding Procedures" in the revised City of Lynwood Municipal Code, as adopted through Ordinance 1571, and approved by the City Council of the City of Lynwood on December 20, 2005, the City may elect to award a Public Works contract through the informal bidding process for any project that is estimated in cost to be between $30,000 to $125,000. Therefore, staff is requesting that the City Council approve this project and grant authorization to award contract through the informal bidding process. iz Fiscal Impact: Staff has identified sufficient California State Assembly Bill (AB) 2928 funds remaining in Project No. 4011.67.893 that can be applied for the street improvement construction of Industry Way. Coordinated With: City Attorney's Office City Clerk's Office City Manager's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CONTRACT DOCUMENTS AND WORKING DETAILS OF THE INDUSTRY WAY IMPROVEMENT PROJECT, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS THROUGH THE INFORMAL BIDDING PROCESS WHEREAS, a portion of Industry Way is in need of rehabilitation; and WHEREAS, the construction cost of said project is approximately $40,000; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that said project is in accordance with the California Environmental Quality Act (CEQA) and are categorically exempt pursuant to Section 15301 (C) of the CEQA guidelines pertaining to statutory exemptions; and WHEREAS, funds are available in Project No. 4011.67.893 to finance the cost of said project; and WHEREAS, the project is ready to be advertised for the solicitation of bids. NOW, THEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the Industry Way Improvement Project, is in conformance with the California Environmental Quality Act (CEQA) and is categorically exempt. Section 2. That the City Council of the City of Lynwood hereby adopts the Contract Documents and Working Details for the Industry Way Improvement Project, and authorizes the project cost to be charged to Project No. 4011.67.893. Section 3. That the City Council of the City of Lynwood authorizes the solicitation of bids for said project through the informal bidding process, as permitted by Ordinance 1571. Section 4 . This resolution shall go into effect immediately upon its adoption. Section 5 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18 day of January, 2011. 3 Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 20, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20 City Clerk, City of Lynwood E AGENDA STAFF R t• DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Wor s / City Engineer Elias Saikaly, P.E., Public Works Engineering Manager SUBJECT: Contract Award City Hall Heating, Ventilation and Air - Conditioning (HVAC) System Replacement Project Project 4011.67.866 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CJ PRO INC. IN THE AMOUNT NOT -TO- EXCEED $436,500 FOR THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER." Background: On May 4, 2010, the City Council authorized staff to solicit proposals for the design of the City Hall Heating, Ventilation and Air - Conditioning (HVAC) System Replacement Project. On June 15, 2010, the Lynwood City Council awarded a consulting services contract to Glumac Engineers for the design of the City Hall HVAC system. Subsequently, on October 19, 2010 the Council adopted the plans, contract documents, and working details of the HVAC system. On December 16, 2010, staff advertised the project in the Lynwood Wave Press and in various construction journals. This project entails the removal and replacement of existing and outdated HVAC system, ducts, diffusers and thermostats, in the City hall and City hall North. The project is funded by the Energy Efficiency Conservation Block Grant (EECBG) funds obtained from the Department of Energy. The intent of this project is to replace the existing HVAC units with energy efficient units and thereby reducing energy consumption and green house gases (GHG) emission. ITEM 1.3 Discussion & Analysis: On January 5, 2011, nine contractors submitted bids to the City Clerk's office. CJ Pro Inc. was the apparent lowest responsible bidder with a low base bid of $356,500 and 2 alternate bids of $80,000 to a total bid price of $436,500. A reference check of previous performance revealed that this contractor has the necessary experience for this type of project. The bids are as follows: Contractor CJ Pro Inc. Beta Investments and Contracts Inc. NKS Mechanical Pardess Air Inc. Pars Arvin Construction Inc. JMS Airconditioning Western Group Inc. Airite HVAC Air -Ex Airconditioning Inc. Fee $436,500 $453,800 $471,625 $483,720 $491,770 $503,086 $534,800 $546,242 $775,190 Fiscal Impact: The project is funded by the Energy Efficiency Conservation Block Grant (EECBG) through the Department of Energy, account number 4011.67.866, on a reimbursable basis. The fund distribution is as follows: Construction Cost: $436,500 Construction Contingencies: $ 25,000 Construction Administration & Inspection: $ 15,000 Total Fund Needed: $476,500 Coordinated With: City Attorney's Office City Clerk's Office City Manager's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CJ PRO INC. IN THE AMOUNT NOT -TO- EXCEED $436,500 FOR THE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER WHEREAS, on October 19, 2010, the City Council adopted plans, specs, and working details for the City hall heating, ventilation, and air conditioning (HVAC) project; and WHEREAS, the project is funded by the Energy Efficiency Conservation Block Grant through the Department of Energy on a reimbursable basis; and WHEREAS, on December 16, 2010, staff advertised the project in the Lynwood Wave Press and in other construction journals; and WHEREAS, on January 5, 2011, staff received nine bids through the City Clerk's office and the bids are as follows: Contractor Fee CJ Pro Inc. $436,500 Beta Investments and Contracts Inc. $462,800 NKS Mechanical $471,625 Pardess Air Inc. $483,720 Pars Arvin Construction Inc. $491,770 JMS Airconditioning $503,086 Western Group Inc. $534,800 Airite HVAC $546,242 Air -Ex Airconditioning Inc. $775,500 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council award a contract to CJ Pro Inc. for a not -to- exceed amount of $436,500 Section 2. That the Mayor is authorized to execute the Agreement between the City of Lynwood and CJ Pro Inc., in a form approved by the City Attorney. Section 3 That the City Manager or his designee is authorized to make the following funds appropriation and transfer: 3 From To EECBG Fund HVAC Replacement Project Project No. 4011 -67 -866 $476,500 $476,500 Section 4. That this resolution shall take effect immediately upon its adoption. Section 5 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of January, 2011. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer H STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood E o, AGENDA STAFF REPOR DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Worr s7City Engineer Josef Kekula, Civil Engineering Associate SUBJECT: Street Sweeping Contract Amendment Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE STREET SWEEPING SERVICES CONTRACT AGREEMENT AMENDMENT BETWEEN THE CITY OF LYNWOOD AND JOE'S SWEEPING, DBA NATIONWIDE ENVIRONMENTAL SERVICES (NES) ". Background: The existing street sweeping contract with Joe's Sweeping, dba Nationwide Environmental Services (NES) commenced on August 15, 2006 for a term of seven years and is to end on August 31, 2013. Recently, due to economic reasons and changes in the City's street sweeping priorities, certain changes to the existing street sweeping agreement have become necessary. Discussion & Analysis: For the new contract amendment all conditions will remain the same (except as noted) as previous; the prior conditions were a result of negotiations with the service provider and considered the costs for street sweeping services of surrounding communities, compliance with the South Coast Air Quality Management District's requirements, revised sweeping times and routes, and deployment of a Global Positioning System (GPS) to track sweepers speed, the additional sweeping services for painted and raised medians, eight major intersections, special events, special /emergency sweeping services, and disposal of the street sweeping debris at a designated composting facility. All of these items assist the City in complying with the AB939 diversion requirements. AGENDA ITEM The contract agreement amendment highlights are listed below: Add the following sidewalks to be power swept on a bi- weekly basis for an additional cost of $2,080 per month. Long Beach Blvd. (City limit to City limit) East side curb, northbound sidewalk, 2.95 linear miles (179,124.0 sq. ft.) West side curb, southbound sidewalk, 2.88 linear miles (176,873.0 sq. ft.) • Atlantic Ave. (City limit to City limit) East side curb, northbound sidewalk, 2.03 linear miles (110,399.0 sq. ft.) West side curb, southbound sidewalk, 2.01 linear miles (108,250.0 sq. ft.) • Imperial Hwy. (State Street to MLK Blvd.) North side curb, westbound sidewalk, 1.04 linear miles (54,912.0 sq. ft.) South side curb, eastbound sidewalk, 1.04 linear miles (54,912.0 sq. ft.) • MLK Blvd. (Long Beach Blvd. to Bullis Rd.) North side curb, westbound sidewalk, 1.60 linear miles (93,773.0 sq. ft.) South side curb, eastbound sidewalk, 1.60 linear miles (93,773.0 sq. ft.) Also, revise certain existing articles of the agreement to read as follows: Article IV, Services, Section 4.1C. Services — Add President's Day as a City recognized holiday. Article VII, Compensation, Section 7.1 Compensation to contractor will be reduced by $25,000 annually. Article VII, Compensation, Section 7.4 Annual CPI adjustments will be capped at four percent (4 %) instead of five (5 %) starting in the FY year 2011 -2012; No CPI, will be considered for the FY year 2010 -2011. Article IX, Term, Section 9.1. Term — Revise section to read, the term of this Agreement, as amended, shall continue in full force and effect for ten (10) years commencing on February 1, 2011, and expiring on January 31, 2021, provided, however, commencing on February 1, 2012, and on each anniversary date of every year thereafter, an automatic one -year extension shall be applied to said Agreement so that the term of the Agreement shall remain at ten (10) years. The Parties agree that should the City or the Contractor desire that the automatic one -year renewal and extension provision herein be terminated, such Party shall give the other Party written notice of such termination sixty (60) days prior to any anniversary date of any year during which this Agreement is in full 2 force and effect. Such notice will terminate the one -year renewal and extension provision herein, and the Agreement shall remain in full force and effect for a ten (10) year term. An RFP is not necessary for this contract amendment per Section 6 -3.13 "Exceptions" of the Lynwood Municipal Code (LMC) as long as a resolution is approved by a four -fifths (4/5) of the City Council affirming that it is more economical and efficient to do so. Fiscal Impact: The total contract is approximately $400,000 per year and funds are budgeted in this year's budget. The additional power sweeping of certain sidewalks will be funded using Parking Business Improvement District Funds (PBID), which are currently budgeted for this purpose. Coordinated With: City Manager's Office Finance Department City Attorney's Office 3 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE STREET SWEEPING SERVICES CONTRACT AGREEMENT AMENDMENT BETWEEN THE CITY OF LYNWOOD AND JOE'S SWEEPING, DBA NATIONWIDE ENVIRONMENTAL SERVICES (NES) WHEREAS, the current street sweeping agreement commenced August 15, 2006, with Joe's Sweeping, dba Nationwide Environmental Services for street sweeping services; and WHEREAS, staff in 2006, conducted a street sweeping service cost survey of surrounding communities to negotiate a new street sweeping service contract with Joe's Sweeping, dba Nationwide Environmental Services; and WHEREAS, street sweeping is requirement to comply with the State Regional Water Board's NPDES requirements; and WHEREAS, due to economic conditions and changing street sweeping needs for the City of Lynwood a contract amendment is necessary; and WHEREAS, all of the original contract conditions will remain the same (except as noted); and WHEREAS, staff and Joe's Sweeping, dba Nationwide Environmental Services have negotiated this contract amendment in good faith and have mutually reached an agreement; and WHEREAS, passage of this contract amendment is required with a four - fifths vote of the City Council pursuant to Section 6 -3.13 of the LMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council authorizes the Mayor to execute the new contract amendment for street sweeping services with Joe's Sweeping, dba Nationwide Environmental Services, having the amendments detailed in the Staff Report accompanying this Resolution, in a form to be approved by the City Attorney. Section 2 . The term of this Agreement, as amended, shall continue in full force and effect for ten years commencing on February 1, 2011, and expiring on January 31, 2021, provided, however, commencing on February 1, 2012, and on each anniversary date of every year thereafter, an automatic one- n year extension shall be applied to said Agreement so that the term of the Agreement shall remain at ten (10) years. Section 3 . The Parties agree that should the City or the Contractor desire that the automatic one -year renewal and extension provision herein be terminated, such Party shall give the other Party written notice of such termination sixty (60) days prior to any anniversary date of any year during which this Agreement is in full force and effect. Such notice will terminate the one -year renewal and extension provision herein, and the Agreement shall remain in full force and effect for a ten (10) year term. Section 4 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18 day of January, 2011. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works/ City Engineer 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 20_, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20_ City Clerk, City of Lynwood M Qamvy, - 1 {� A ST REP Qey.�;W�• DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Sarah Magana Withers, Director of Redevelopment Bruno Naulls, Redevelopment Associat q7 SUBJECT: EAR Program Fund Agreement Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB) AUTHORIZING THE USE OF EMERGENCY, ABANDONED, & RECALCITRANT PROGRAM FUNDS IN THE AMOUNT OF $999,983 TO CONDUCT CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD". Background: The State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). The City was recently awarded funds from this program. A first phase budget has been approved in the amount of $999,983. In order to receive this funding, an agreement must be entered into by and between the City and the State Water Control Board. This contract will provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. In order to effectuate the agreement, The City must prepare a resolution approving the award and authorizing the use of the funds at said location. Discussion & Analysis: EAR funds will be available in March and the funds received will be expected to be used during the first 16 months of remediation. As a part of this award, if funds are expended according to schedule, SWRCB may also appropriate a second phase of funding in an estimated amount of $500,000 without additional AGENDA ITEM 15 application process. The location where the funds will be used is environmentally challenged and these funds will greatly assist in the clean -up of this Brownfield site. Fiscal Impact: The City will receive $999,983 of which $21,564 will be dedicated to Agency staff time for administration and the remainder will be for the remediation of the subject site. It is not clear as to how much of the funds will be spent prior to fiscal year end; therefore it will be mandatory to carry the balance of the EAR funds into FY 201112012. Staff requests approval of a budget adjustment to reflect the EAR grant funds and to establish an account to monitor the funds. Coordinated With: City Manager's Office City Attorney Redevelopment Department Finance Department Attachments: 1. Resolution 2. Agreement 3. Scope of Work 4. Budget Detail and Payment Provisions RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) AUTHORIZING THE USE OF EMERGENCY, ABANDONED, & RECALCITRANT PROGRAM FUNDS IN THE AMOUNT OF $999,983 TO CONDUCT CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD WHEREAS, the State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs); and WHEREAS, the City was recently awarded funds from this program in the amount of $999,983; and WHEREAS, in order to receive this funding, an agreement must be entered into by and between the City and the State Water Control Board; and WHEREAS, this contract will provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at 11600 Long Beach Boulevard; and WHEREAS, in order to effectuate the agreement, The City must prepare a resolution approving the award and authorizing the use of the funds at said location. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . That the City Council hereby approves the execution of the Agreement with State Water Resources Control Board in the form presented to this Council and any amendments thereto as provided by the SWRCB that authorizes the provision of funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. Section 2. Direct the Finance Department to create and account line item to monitor the $999,983 EAR Program funds and make the appropriate adjustment to the budget to reflect the receipt of the EAR funds. Section 3. The City Manager or his designee is hereby authorized to take necessary steps, including the execution of amendments and agreements with SWRCB to undertake duties outlined in the scope of work under this Agreement, subject to the amount appropriated for this purpose of $999,983. Section 4 . This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18th day of January, 2011. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM Fred Galante City Attorney APPROVED AS TO CONTENT: Sarah Magana Withers Director of Redevelopment 2 State Water Resources Control Board Linda S. Adams, Seer elmy for Envirownenlal Proleclion January 11, 2011 City of Lynwood 11300 Bullis Road Lynwood, CA 90640 Attention: Sara Withers Division of Administrative Services 10011 Sheet • Sacramento, California 95814 • (916) 341 -5057 Mailing Address: P.O. Box 100 • Sacramento, California • 95812 -0100 Fax (916) 341 -5048 • http: //N wm.waterbDards.ca.gov Agreement Number: 10 -667 -550 ME Y Arnold Schwarzewgger Governor This Agreement cannot be considered binding on either party until approved by the appropriate state agencies. The State is not obligated to make any payments for services performed prior to final approval of any Agreement. Please complete and return the. item(s) listed below: ® Standard Agreement (STD 213). Please sign two (2) STD 213s and return BOTH originals for further processing A complete set with original signatures will be returned to you when fully executed. ® For Public Agencies, a Resolution by the governing body authorizing the execution of the Agreement and any amendments thereto is required for this Agreement. Please indicate the authorized representative by title. ❑ Payee Data Record (STD. 204). No payment can be made unless this form is complete and returned. ® Contractor Certification Clauses (CCC). Please sign and return the first page of the CCC (enclosed). The CCC contains conditions that are required when doing business with the State of California. The General Terms and Conditions (GTC 610) are available at www.ols.dqs.ca.gov/standard+lanquage and may be downloaded and printed for your files. If you do not have internet capabilities, you may request a hard copy by contacting us at (916) 341 -5082. ❑ A copy of your insurance certification which states coverage will not be canceled without 30 days written notice to the State of California, and also that "The State of California, its officers, agents, and employees are named as additional insureds, but only insofar as operations under.this agreement are concerned ". Return two (2) signed original STD 213s and add itional documents to: US Mail Overnight Mail SWRCB Contracts Section SWRCB Contracts Section P.O. Box 100, 18 Floor 10011 Street, 18 Floor Sacramento, CA 95812 -0100 Sacramento, CA 95814 Expeditious handling of this Agreement is appreciated. For inquiries regarding this Agreement, please contact the SWRCB Contract Manager. California Environmental Protection Agency 0 Recycled Paper CCC -307 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duty authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor /Bidder Firm Name (Printed) I Federal ID By (Authorized Signature) Printed Name and Title of Person Signing Date Executed II Executed in the County of CONTRACTOR CERTMCATION CLAUSES I. STATEMENT OF COMPLIANCE Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terns of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two -year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minim number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a gobd faith effort may be cause for non - renewal of a state contract for Segal services, and may be taken into account when dete the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS Contractor hereby declares that it is not an iexpatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the )State of California. 6. S WEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or'supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies fumished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from :which the officer or employee receives compensation or has a financial interest and -which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent , contractor with any state agency to provide goods or services. Tormer State Employees (Pub. Contract Code §10411): 1). For the two -year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision - making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve -month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. 'b. "Doing business" is defined in R &TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. +c. Both domestic and foreign corporations (those incorporated outside of California) must .be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution eontroI district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204 This form must be completed by all contractors that are not another state agency or other governmental entity. STATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev 06/03) 10- 667 -550 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME State Water Resources Control Board City of Lynwood 2, The term of this Agreement is: M 15, 2011 through September 14, 2012 3, The maximum amount $ 999,983 of this Agreement is: Nine Hundred Ninety nine Thousand Nine Hundred Eighty three Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a Dart of the Agreement: Exhibit A — Scope of Work 6 pages Exhibit B — Budget Detail and Payment Provisions 4 pages Exhibit B, Attachment I — Budget 1 page Exhibit B, Attachment II — Budget 1 page Exhibit C* — General Terms and Conditions GTC 610 Exhibit D — Special Terms and Conditions 3 pages Items shown with an Asterisk (`), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.das.ca.gov /standard +lanquage IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto, CONTRACTOR �muuru1e uepalunen[ or L Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Lynw BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 11300 Bullis Road STATE OF CALIFORNIA I FAHaelyaeml State Water Services I F Exempt per: ADDRESS 1001 1 Street, 18 Floor City of Lynwood 10- 667 -550 Page 1 of 6 Exhibit A Scope of Work 1 2. Service Overview Contractor agrees to provide to the State Water Resources Control Board (State Water Board) as described herein: Contract will provide funds to City of Lynwood to investigate and remediate petroleum contamination caused by a leaking petroleum underground storage tank (UST). The services shall be performed for 11600 Long Beach Blvd., Lynwood, CA. The services shall be provided during normal working hours, Monday through Friday, except holidays, seasonal months (weather permitting, etc.). Projects Representatives A. The project representatives during the term of this agreement will be: State Water Resources Control Board City of Lynwood Lily Lee, Contract Manager Sara Withers, Project Director Telephone: (916) 341 -5676 Telephone: (310) 603 -0220, ext. 317 Fax: ,(916) 341 -5806 Fax: (310) 631 -7952 E -mail: Illee@waterboards.ca.gov E -mail: swithers@lynwood.ca.us B. Direct all inquiries to: Attention: Lily Lee Division of Financial Assistance P.O. Box 944212 Sacramento, CA 94244 -2120 Telephone: (916) 341 -5676 Fax: (916) 341 -5806 Attention: Bruno Naulls City of Lynwood 11300 Bullis Road Lynwood, CA 90640 Telephone: (310) 603 -0220, ext 253 Fax: (310) 631 -7952 E -mail: bnaulls @lynwood.ca.gov C. Either party may make changes to the information above by giving written notice to the other. party. Said changes shall not require an amendment to this agreement. 3. Scope and Objectives The State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). This contract will provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at: 11600 Long Beach Blvd., Lynwood, CA 90262 - EAR Site No. R09 -126 City of Lynwood 10- 667 -550 Page 2 of 6 Exhibit A Scope of Work The Contractor shall work with the SWRCB to gain access to the site pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 4, Section 25299.39.3. The Contractor shall assure that the subcontractor leaves the site in a secure and stable condition at the termination of the agreement. The subcontractor shall not retain any responsibilities for activities of the recalcitrant responsible party (RP) or their leaseholder, which may affect the site's conditions at the termination of the agreement, provided that the action was not a direct result of the subcontractors' activities. EAR account funding is authorized. in accordance with California Health and Safety Code Chapter 6.75 of Division 20, Article 4, Sections 25299.36, and Article 6, Sections 25299.51 (c)(d)(e) and (h), and 25299.53 and the State Water Board, Administrative Procedures, Chapter 19, established to implement the. statutory provisions. Any costs incurred and payable from the EAR Account shall be recovered by the Attorney General upon request by the State Water Board pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 7, Section 25299.70. The State Water Board may request the recordation by the County Recorder of a lien. 4. BACKGROUND AND DESCRIPTION OF RELEASE The proposed Lynwood Springs Development is comprised of approximately 6 acres, including a mix of commercial and residential properties. The primary commercial properties include the former "Garfield Express' property at 11600 -11618 Long Beach Boulevard (which comprises five businesses including an active gasoline service station), the Acosta's Restaurant property located at 11700 Long Beach Boulevard, and the U -Haul facility located at 11716 Long Beach Boulevard. The remaining portions of the proposed Lynwood Springs Development include several residences and City -owned right -of -way property associated with Lynwood Road, Lewis Road and Louise Street. Figure 2 illustrates the boundary of the proposed Lynwood Springs Development and the various properties that comprise the Site. The Site is located within the Central Groundwater Basin portion of the Los Angeles Basin, which is located in the northern portion of the Peninsular Geomorphic Province. The geologic units underlying the Site include, shallow Holocene -age surface deposits, the Upper Pleistocene Lakewood Formation (at approximately 85 feet below ground surface (bgs)), the Lower Pleistocene San Pedro_ Formation (at approximately 300 feet bgs), and the Upper Pliocene Pico Formation . (at approximately 1,400 feet bgs). The Site is the location of two documented leaking underground storage tank (LUST) sites, which resulted in significant soil and groundwater contamination, including the presence of widespread free product. The two documented releases include the "Garfield Express" service station located at 11600 Long Beach Boulevard and the U -Haul facility, located at 11716 Long Beach Boulevard. In addition, gasoline service stations were located both on the current Acosta's Restaurant property and the southern portion of the U -Haul property. The dissolved -phase groundwater City of Lynwood 10- 667 -550 Page 3 of 6 Exhibit A Scope of Work plume extends over virtually the entire Site and LNAPL contamination appears to be present beneath the previously unexplored areas. A dry cleaner was also historically located on the Site immediately to the north of Louise Street, which resulted in a release of chlorinated VOCs that affected soil and groundwater. The lateral and vertical extent of chlorinated VOCs in soil and groundwater has not been fully defined. Chlorinated VOCs are known to extend onto the U -Haul property to the south of the historical dry cleaner location. The corrective work will include the implementation of a LNAPL recovery program at the Site that will continue to reduce the quantity of LNAPL gasoline and petroleum hydrocarbons while minimizing the associated remedial cost, until such time that a more comprehensive remedial action program is implemented as part of Site redevelopment activities. Accordingly, the most cost - effective and preferred method of LNAPL recovery is to reinstate the vapor- enhanced LNAPL recovery system at the .Garfield Express property, which broke down due to technical difficulties in June 2005, and to expand the system to include wells located at the U -Haul property. Given the existing infrastructure and equipment at the Site, this option was selected over more costly alternatives (such as multi -phase extraction) as it results in the most efficient and cost - effective means of recovering LNAPL in on -Site wells and meets the LARWQCB's CAD requirement of an "aggressive and active free product removal system." The vapor- enhanced LNAPL recovery system will address the LNAPL present within wells at both the Garfield Express property and the U -Haul property, with the exception of any LNAPL that could be present in the southwestern corner of the U- Haul property based on a ROST investigation conducted in 2007. The LNAPL recovery system will remove free product from the following nineteen (19) monitoring wells until such time that the free product thickness in the well(s) decreases to such an extent that it is technically impractical to extract LNAPL or until an alternative LNAPL recovery system is implemented as part of the comprehensive remedial action program for the Site: MW -2, MW -3, MW -5, MW -7, MW -8, MW -9, MW -10, MW -11, MW -12, MW -14, MW -15, MW -16, MW -21, MW -22, MW -23, UH -1, EX -1, EX -2, and EX -3. 5. Services to be Performed The Contractor shall be responsible for the performance of the work as described herein, for the preparation of progress reports and a final report as required by the contract. The Contractor shall promptly notify the State Board Project Representative (Lily Lee) of events or proposed changes, which could affect the scope, budget or schedule of work to be performed under this agreement. City of Lynwood 10- 667 -550 Page 4 of 6 Exhibit A Scope of Work a) The Contractor shall provide one copy of all subcontracts and amendments negotiated by the contractor for services associated with this agreement, to the Board Project Representative. b) The Contractor shall immediately notify the Board Project Representative and propose an amendment agreement in the event that, for reasons beyond the reasonable control of the contractor or reasons that cannot be anticipated at the execution of the agreement, either the investigation or corrective action exceeds the scope of the agreement or it becomes apparent that the contractor will be unable to complete the work. The proposed amendment must include the following: 1) Justification for amendment; 2) A description of the investigation or corrective action phase and condition in which the project site shall be left at the termination of the agreement; 3) Appropriate monitoring.and.sampling schedules; 4) Provisions for contractor oversight of site monitoring; and 5) Recommendations for the completion of the investigation or appropriate corrective action. EAR Account funding is provided to perform the following site specific work: Task 1: Project Setup and Design Document Preparation 1.1 Contract Execution, Project Setup, and Kickoff Meeting 1.2 Finalize Design Documents and Construction Drawings 1.3 Health and Safety Plan Preparation 1.4 Notifications and Permitting Task Products: Executed Contract, Final Design Documents, Health and Safety Plan, Construction Permits. Task 2. LNAPL Recovery System Construction 2.1 Well Installations and Rehabilitation 2.2 Well Vault Installation 2.3 Pump Installation and Wellhead Assembly 2.4 Utility Location and Clearance 2.5 Trenching and Piping 2.6 Soil Segregation and Backfill 2.7 Rehabilitate Existing Equipment 2.8 Construct New Remediation Compound 2.9 Utility Connections 2.10 Construct Well Manifolds 2.11 Install Remediation Equipment 2.12 Start-up Testing City of Lynwood 10- 667 -550 Page 5 of 6 Exhibit A Scope of Work 2.13 SCAQMD Start-up Reports Task Products: Remediation System, SCAQMD Start-up Reports. Task 3. On -going Operation, Maintenance, Monitoring, and Reporting 3.1 Operation and Maintenance 3.2 Monitoring and Reporting Task Products: Quarterly remediation progress reports, EAR program documentation. Task 4. Public Outreach and Community Involvement Task Products: Community meeting minutes. Task 5. Project Oversight and Integration Task Products: None. Task 6. Semi - Annual Groundwater Monitoring 6.1 Monitor and sample groundwater monitoring wells per approved regulatory schedule 6.2 Prepare semi - annual groundwater monitoring reports. Task Products: Semi - annual groundwater monitoring reports. Task 7. Site Security, Telemetry System, Contingency Items 7.1 Install site security during.system construction to prevent vandalism. 7.2 Install telemetry systems for system operation. 7.3 Contingencies for modifications to system design and implementation (e.g., adding additional LNAPL recovery wells to the system, etc.). Task Products: None. Task 8. City Project Management 8.1 Project management oversight including review of work plans, reports, coordination of field activities. Task Products: None. City of Lynwood 10- 667 -550 Page 6 of 6 Exhibit A Scope of Work 6. Schedule of Completion Dates ,Wk Nature sofor Bask _. ,. = Completion _ Date Project Setup and Design Document Preparation 1 Aril 2011 LNAPL Recovery System Construction and System 2 April thru June start up 2011 On -going Operation, Maintenance, Monitoring, and 3 Monthly July Reporting 2011 through July 2012 Public Outreach and Community Involvement 4 March 2011 thru September 2012 Project Oversight and Integration 5 March 2011 thru September 2012 Semi- Annual Groundwater Monitoring 6 Semi - annually August 2011 February 2012 Site Security, Telemetry System, Contingency Items 7 July 2011 City Project Management 8 March 2011 thru September 2012 7. Reports A. No later than July 15 and quarterly thereafter, during the term of this agreement, the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate products, if any. B. The Project Director shall submit to the Contract Manager for. approval the reports containing the results of the work performed in accordance with the schedule in this Exhibit. City of Lynwood 10 -667 -550 Page 1 of 4 Exhibit B Budget Detail and Payment Provisions 1. Invoicing A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State Water Board agrees to compensate City of Lynwood for actual expenditures incurred in accordance with the budget(s) attached hereto. B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequently than monthly in arrears to: Lily Lee State Water Resources Control Board Division of Financial Assistance, EAR Account Program P.O. Box 944212 Sacramento, CA C. Invoices shall: 1) Be prepared on agency letterhead. If invoices are not on produced letterhead invoices must be signed by an authorized official, employee or agent certifying that the expenditures claimed represent actual expenses for the service performed under this contract. 2) Bear the Contractors name as shown on the agreement. 3) Identify the billing and /or performance period covered by the invoice. 4) Itemize costs for the billing period 'in the same or greater level of detail as indicated in this agreement. Only those costs and /or cost categories expressly identified as allowable in this agreement may be reimbursed. 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. C. The State's obligation to make any payments under this contract shall be suspended during such time as the Budget Act covering that fiscal year has not been approved bythe Legislature and signed into law by the Governor. City of Lynwood 10- 667 -550 Page 2 of 4 Exhibit B Budget Detail and Payment Provisions 3. Budget See attached Budget Year 1 and Budget Year 2 TOTAL BUDGET YEARS 1 and 2: ' $ 999,983 4. Amounts Payable A. The amounts payable under this agreement shall not exceed: 1) $999,983 for the period from the date of approval of this agreement through September 15, 2012. B. Reimbursement shall be made for allowable expenses up to the amount annually encumbered commensurate with the state fiscal year in which services are performed and/or goods are received. C. The Contractor must maintain records reflecting actual expenditures for each state fiscal year covered by the term of this agreement. 5. Recovery of Overpayments A. City of Lynwood agrees that claims based upon a contractual agreement or an audit finding and /or an audit finding that is appealed and upheld, will be recovered by the State Water Board via one of the following options: 1) City of Lynwood remittance to the State Water Board of the full amount of the audit exception within 30 days following the State Water Board's request for repayment; 2) A repayment schedule which is agreeable to both the State Water Board and City of Lynwood. B. The State Water Board serves the right to select recovery option that will be employed and the City of Lynwood will be notified by the State Water Board in writing of the claim procedure to be utilized. C. Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the City of Lynwood, beginning 30 days after City of Lynwood receipt of the State Water Board's demand for repayment. D. If the City of Lynwood has filed a valid appeal to the State Water Board regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached.' If loses the final City of Lynwood 10- 667 -550 Page 3 of 4 Exhibit B Budget Detail and Payment Provisions administrative appeal shall repay, to the State Water Board, the over - claimed or. disallowed expenses, plus accrued interest. Interest accrues from the City of Lynwood first receipt of the State Water Board's notice requesting reimbursement of questioned audit costs or disallowed expenses. 6. Timely Submission of Final Invoice A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following the expiration or termination date of this agreement, unless a later or alternate deadline is agreed to in writing by the program contract manager. Said invoice should be clearly marked "Final Invoice ", thus indicating that all payment obligations of the State under this agreement have ceased and that no further payments are due or outstanding. B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the program contract manager prior to the expiration or termination date of this agreement. 7. Subcontractor Requirements As a requirement of this Agreement (and any amendments thereto), subcontracting is limited to $50,000 or 25% of the total contract, whichever is less. If the total of all subcontracts exceeds the limitation, all subcontracts must be in accordance with the following conditions: A. Subcontract service(s) must be selected by the primary contractor pursuant to a bidding process requiring at least three bids from responsible bidders. A bidding process I not a required when a subcontractor(s) is one of the following entities: Entities excluded from bidding: 1) Another state entity, including: a) A governmental agency from any state (Public Contract Code § 10340) b) A state college or state university from any state. 2) A local governmental entity or agency, including those created as a Joint Powers Authority (JPA) 3) An auxiliary organization of the California State University (CSU), or a California community college 4) The Federal Government 5) A foundation organized to support the Board of Governors of the California Community Colleges, or 6) An auxiliary organization of the Student Aid Commission established under Education code § 69522. City of Lynwood 10- 667 -550 Page 4 of 4 Exhibit B Budget Detail and Payment Provisions B. By signing this Agreement, the Contractor is certifying selection of a non - excluded subcontractor(s) was pursuant to a bidding process requiring at least three bids from responsible bidders. C. In the event subcontracted service(s) cannot be selected through the bidding process as described in paragraph A above the contractor then must submit to the State Water Board: in advance name(s) of the subcontractor(s), services being .provided, an explanation _outlining the subcontractor(s) unique qualifications that qualified them to be selected through a non competitive bid process, and the number of contracts awarded to them by the primary contractor in the last twelve months. D. The State Water Board will only pay overhead charges on the first $25,000 for each subcontract. E. Subcontracted services must be disclosed in the line item budget. + �gnmcv, , ,� f C�•`IUU4 AGENDA STAFF REPOR DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag6� PREPARED BY: Robert S. Torrez, Assistant City Manager Lorry Hempe, Budget and Intergovernmental Affairs Manager SUBJECT: Reconsideration on the Issuance of Parking Permits to Recreational Vehicles Recommendation: Staff recommends for the City Council to uphold Ordinance No. 1555 prohibiting the parking or storage of recreational vehicles on public streets, highways, or alleys. Background: On January 4, 2011, the City Council adopted resolutions approving the establishment of two Residential Permit Parking Districts (RPPDs) and a system of permits. This parking permit program is intended to be a pilot program applicable only to certain neighborhoods and to last for one year unless extended by the City Council. At the same meeting, the City Council set the parking permit fee for vehicles at $50 per year and $150 for recreational vehicles. Residences would be restricted to one recreational vehicle permit per year within the pilot RPPDs. Upon review of the City Council's direction from January 4, 2011 to permit the parking of recreational vehicles within the pilot area, staff found that Ordinance No. 1555 chaptered as Section 7 -17(i) in the Lynwood Municipal Code (LMC) (Attachment A) prohibits the parking of recreational vehicle on public streets. Discussion & Analysis: In an effort to provide relief for residents whose neighborhoods are impacted by lack of parking, by unsafe parking conditions, and by certain public facilities such as a medical building, schools and popular places of business, the Lynwood City Council approved two RPPDs on a pilot basis: F A ITEM flo 1. Bradfield Avenue RPPD Parking on Bradfield Avenue from Agnes Avenue to the north and Carlin Avenue to the south will be restricted at all times without a valid residential parking permit or valid disabled placard. 2. Area 1 RPPD - Parking in Area 1 is restricted on public streets between the hours of 2am to 6 am seven days a week without a valid residential parking permit or valid disabled placard. Area 1 RPPD is the area bounded by east of Bullis Road, west of Atlantic Avenue, south of 1 -105 freeway and north of Carlin Avenue. The City Council in adopting the fees for the permits, established permits for recreational vehicles at $150 and limited the number of permits to recreational vehicles to one permit for each residential home. Section 7 -17(i) LMC prohibits parking or leaving standing of any oversize vehicle or nonmotorized vehicle on any public street, highway or alley. Under this code "oversize vehicle" definition includes any house car, pickup truck with camper, recreational vehicle, tow truck, boat or trailer, which meets or exceeds any of the following criteria, exclusive of fixtures, accessories or property: a) 22' in length, b) 6' in height, b) or 7' in width. The "oversize vehicle" definition does not include pick -up truck without a camper or a sports utility vehicle. On September 20, 2005, staff recommended to the City Council to consider Section 7- 17(i) LMC, consider the impact of recreational vehicles on residential streets, and uphold the municipal code prohibiting the parking and storage of all oversize vehicles on residential streets including recreational vehicles. Staff also, provided the City Council with options to amend Section 7 -17(i) allowing the parking and storage or recreational vehicles on residential streets, exempting such vehicles from parking restrictions or direct staff to bring back the ordinance for further consideration. Pursuant to the minutes of September 20, 2005, the City Council directed staff to leave the current ordinance intact and draft a second ordinance relating to recreational vehicles (Attachment B). After a records search, staff has not found any subsequent action by the City Council, either by way of a resolution, ordinance amendment, or minute action amending or bringing about a moratorium of Section 7 -17(i) or whether a second ordinance was ever brought back to the City Council for consideration. It is unclear whether the City Council took an action issuing a moratorium on the prohibition of recreational vehicles. Staff prepared the following options for the City Council: 1) To maintain Ordinance No. 1555 or Section 7 -17(i) LMC prohibiting the parking, standing or storage of recreational vehicles on public streets, or 2 2) To direct staff to bring back a resolution or amendment to Ordinance No. 1555 for the City Council's consideration allowing the parking of recreational vehicles in the pilot RPPDs and the issuance of permit at $150 per permit not to exceed one permit per residential property within the pilot area, or 3) To direct staff to review requirements on storing recreational vehicles on residential lots pursuant to Chapter 25 -20.9 of LMC. In adopting Ordinance No. 1555 on September 7, 2004, it was found that there are public safety issues such as sight distance from driveways and intersections resulting when oversize vehicles are parked on public streets or right of ways and that parking and /or storage of oversize vehicles causes visual blight. Staff recommends that the City Council to maintain Ordinance No. 1555 and continue to prohibit the parking or storage of recreational vehicles on public streets. Fiscal Impact: There is no financial impact on this action since Ordinance No. 1555 is already in place. The City may not realize revenues from the sale of permits to recreational vehicles. If 5% of residential properties within the pilot area would have applied for a recreational vehicle permit, the loss would be at $6,000. Coordinated With: City Attorney Attachments 3 A44 ORDINANCE NO 1555 i. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, AMENDING SURSECTION 7 -17(1) OF CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE REGARDING OVERSIZE VEHICLE PARKING ON CITY STREETS WHEREAS, the City of Lynwood has seen an increase in complaints regarding V, the pazlvng and/or storage of oversize vehicles in residential and commeimid areas throughout the City and WHEREAS, public safety issues such as sight distance from driveways and intersections result when such oversize vehicles are parked on public streats or rights of wuys in the City, and WHEREAS, the parking and/or storage of oversize vehicles causes visual blight in (he City, and WHEREAS, California Vehicle Code section 22507 permits a City, by resolution of oidutance, to prohibit or restrict the stopping, parking or standing of vehicles on c_eritun sneets highways or portions thereof during all or cenam hours of the day, and WHEREAS the evsnng parking supply widen the City is ever decieasmg due to tic continual growth of the population WHEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOW: SECTION I Subsection 7 -17(t) of Chapter 7 of the Lynwood Municipal Code is hereby iepealed in its entirety SECTION 2 A new Subsection 7 -17(1) of Chapter 7 of the Lynwood Municipal Code is hereby adopted to read as follows 7 -17(t) Usti. of sti sets for parking and/or storage nt oversize vehI les prohibited For the purposes of this section, the following de8nrttons shall apply unless the context clearly indicates or requires a different mcanutg (a) "Ovcrsme Vehicle" shall mean any house car, pick -up truck with camper recreational vehicle, tow truck, boat or trader, which meets or exceeds any of the following criterion, exclusive of fixtures accessories or properly (1) twenty -two (22) teer in length, or (2) sit (6) feet in height or (�) seven (7) feet in width The tern 'oversize vehicle" does not include a commercial vehicle as defined elsewhere this Secteo^, a pick -up truck without a camper, or a sports utility vehicle (o) ' iNon- awtonzed Vehicle" shall mean any trader or any other device that is not self - propelled (c) "Motor Vehicle" sha!I mean a passenger vehicle, pick -up truck without a camper sports utility vehicle, motorcycle and motor- driven cycl,, but shall not include a house car (d) "Residential District" shall mean any area within the City, which is zoned RI, R2, R3, and those portions of planned community districts and specific plan districts, which are specified for residential uses 7� A6 y" To determine the width or length of the vehicles defncd in this section, uty extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included in any measurements No poison shall, at any time, park or leave standing any oversize vehicle or non- motorized vehicle on any public street, highway or alley except (a) In residential districts, oversize vehicles, or non - motorized vehicles which are attached to a motor vehicle or oversize vehicle and parked adjacent to the owner's residence are allowed for the purposes of loading unloading cleaning, banery charging, or other activity preparatory or meidema( to Uavel for a period of time not to exceed twenty -four (34) consecutive hours (b) In residential disincis, oversize vehicles, or non- mounized vehicles which are attached to a motor vehicle, parked adjacent to the ownei's residence urav be allowed for up to an additional forty -eight (45) consecutive hour; but no more than a total of seventy-two (7?) consecutive hours, provided an application and payment for a permit has been received by the Paiking Enforcement Division The Parking Enfomenment Division shill establish general standards for an oversize vehicle parking permit pick ided tin by :his section No person who owns or has possession, custody or control of any vehicle or non - moiouzed vehicle which is sn (6) feet or more in height (including any load tlmeieon) shall park, or leave standing any such vehicle on a street or highway within one hundred (100) feet of any intersection No person who owns or has possession, custody or control of a oversize vehicle hnvmfl a manufacturers gross kehicle weight of eight thousand to ten thous.md 1 uuo — i U UUU) pounds, shall park or leave standing any such oversize venicle on any public street highway, roadway, alley or thoroughtame, except I'll fur such reasonable time in excess of three (3) hour s that may be necessary for time purpose of making pickups of dehvenes of goods, wares, and merchandise from of to any building or structm e or for the purpose of delivering materials to be used for repair, alteration, remodchng, or construction Litany building or structure upon a restricted street or highway, or (b) For such reasunable time in excess of three (3) hours that may be necessary when such vehicle is parked in connection with the per fommance of a service to or on a property in the block in which such vehicle is parked, or (c) Poi such reasonable time in excess of three (3) hours that may be necessary time to make emergency repairs Any violation of the 4emm stated provisions pertaining to the parking of o vehicles shafl be subject to a fine as established in the Lynwood Civil Penalty Schedule The fine shall be subject to change from time to nine by resolution of the City Council amending the Lynwood Civil Penalty Schedule To give okvneis of oversee vehicles the opportunity to park such oversize vehicles on public streets for limned times, the City will issue Oversize Vehicle Parking Permits pursuant to the following (a) Any person may obtain an Oversize Vehicle Parking Perron to park a designated oversize vehicle on a public street, for a limited period of time, by applying for an Oversize Vehicle Parking Permit (b) the Parking Entorcement Division shall issue Oversize Vehicle Parking Permits Each peuon desiring an Oversize Vehicle Parking Permit shall Me with the Parkmg Enforcement Division a completed City application form contataurg the foiluwuI (1) The name address and phone number of the registered owner and applicant of designated oversize ,ehtde, i'') The license number make and model of designated oveisiz, vehicle 131 The date+ for which the pemnt is requested Or The dates and duration of aim and all ovets[ze vehicle peinut+ issued to the applicant within the Immediately preceding numb (90) dal period V) Additional ut)bunauon the Parkim Enforcement Division nt.ry reasonably tequtre, (6) fhe applicant must sign application under penalty of paquiv (C) Oversize Vehicle Parking Permits issued and approved by the Pal king Enfoteemem Dn ision shall include the license plate number of ille dwgnated ovettiize vehicle dic date of issuance and the day tit its espnauon (d) An Ovei,ize Vehicle Parking Permit shall be placed at the lower laver s side of the su mdshteld of the or'trSl2e u ehtcle to which n rela0.5 so that It is clearly snaible fiom the e \terlOr of the OVebizC vehn.lc Should the oicis¢ud ceh¢le not hate a wmdshteld the Pettit shall be a fi\cd to the Irunt poivun 0I the oveisvc %chicle nr a 10Cin0n th It is plautly vutbie Iran to Iron[ of +aid au cane u ehicle M 411 Ovenrze Vehicle Parl,in Pe this shall be tsmed m a cost of fills dolldrs (S i0 Out to the applicant The fee amount for such pemm, shap be pubbs' in me Lynwood Fee Schedule aua may be ad)mreo 110111 time to ttme by resolution of the City Council (f) 411 V verstze Vehtelc Parkin, Permit +hail be vah n cl ter a peud not to emceed three (3) i,o isecutive weekdays (/� hour) Upon espuauon of an Oversize Vehicle Patktttg Petrdtt issued und,.r this section the applicant may apply for and he :_canted additional Oveu¢e Vehicle Parking Pernuts if the applicant still qualifies under the conditions set tot th ]let eI In no ecru shall if)) person and /or de +tgnated oven¢e vehicle be %sued %tore than three (3) Oversize V<Ince Pail,mg Per mils wnhm anN timely (90) calendar day per The piovisuiu of this ordinance shall not be I effect until proper placing of signs gn Ig notice at the provisions re+uctun, ouers,ze velucle pat kilt" hag occurred SECTION 3 Ifam section subsection subdnasrort paragraph sentence claaso tit phrase of this ordinance m an) pan thereof t+ for any teasun held to be invalid or une0nsutu[ tonal such decision shall no affect the vagdrtu Of the run: rung pot trolls of [his ordinance - fhe City Couned her�hv declates that it would have paused each ce.Uion subsection subdi�csion paragraph, senaem.e cla> se or ptuase of ihu oidmamc trr,specuvc ui the fact that am one or more section subsection subdisiam, pamcraph sentence clause or phrase be de,hmed invalid or unconsuuuonal aFCTION J This ordinance shall [ Ae effect thirty (30) days a17u us final passage b� the Co� Council SECTION i file Cos Clerk of the City of Lvmvood 15 Imueby dnieAed to eeruty to the passage and adoption of this Ordinance and to cause it to be puhhshcd of pasted ds rcquied by lair first i ad at a regular meeting of the City Council held on the _ 17th day of August 2004 and adopted .ind ordered published a1 a regular meeting of said Coancil held on the 7th day of September , 2004 Louts Bvrd Cry of Lynwood finest -Lidi enL Flooper, City Clerk 'Ioe, 4ang, 1¢te+`t nLtty Manager \ppiuveJ M to 101111 Arnaldo Beltran Cny Artomey pej;(A (h M I" � RESOLUTION NO. 2005.156 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULES AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS ". Mayor Rodriguez requested Boll Call on Items 10- 11- 12 -14 -18 &22. _ ROLL CALL: I� AYES: COUNCILMEMBERS BYRD, PEDROZA, SANTILLAN, BYRD VASQUEZ, RODRIGUEZ NONE NOES: NONE NONE ABSTAIN: NONE LEGISLATIVE ADVOCACY SERVICES ABSENT: NONE DISCUSSION ITEMS Item 025. LYNWOOD PARK WATER EXEMPTION Mayor Rodriguez excused himself from the discussion and vote of this item. Vice -Mayor Pro Tent conducted the meeting. .After discussion, it was moved by Councilmember Pedroza, seconded by Byrd, to incorporate option 3 & 4. Effective October 1, 2005 to December 31, 2005. RESOLUTION NO. 2005.157 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING A TEMPORARY EXEMPTION FOR PARK WATER CUSTOMERS FROM TRHE WATER USERS TAXI) IMPOSED UNDER SUBSECTION 6 -8.9 OF SECTION 6 -5 OF THE LYNWOOD MUNICIPAL I� CODE ". ROLL CALL: AYES: COUNCILMEMBERS BYRD, PEDROZA, SANTILLAN, VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: RODRIGUEZ Item #26. DISCUSSION REGARDING OVERSIZE VEHICLES - ORDINANCE NO. 1555 After discussion, it was moved by Councilmember Pedroza, seconded by Councilmember Vasquez, to leave current ordinance in tact, and draft second ordinance relating to RV's. ROLL CALL AYES: COUNCILMEMBERS PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: BYRD ABSTAIN: NONE ABSENT: NONE ' Item 027. LEGISLATIVE ADVOCACY SERVICES It was moved by Councilmember Vasquez, to retain Legislative Advocacy Group for State Level and Alcalde & Fay for the Federal Level. Died for a lack of a second. a� A GEN D A REP o: at - -wv �. DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag� PREPARED BY: Maria Quinonez, City Clerk Kristina Santana, Deputy City lerkV5 SUBJECT: Mayoral Appointments for Various Organizations and Committees Recommendation: Staff recommends that the Mayor and Council review and appoint Delegates and Alternates for the various Municipal Organizations and Committees. Background: Members of the City Council and staff serve on diverse municipal organizations that require representation of government officers. This participation allows the City to receive beneficial information and resources. Previously, the Mayor has made appointments to these organizations, with approval of the other Council Members. Discussion & Analysis: The List of Municipal Organizations and Committees annually updated are: • California Contract Cities Association • City Selection Committee • County Sanitation District • Gateway Cities Council of Government • Greater LA Vector Control District • Hub Cities Consortium • Independent Cities Association • Independent Cities Lease Finance Authority • League of California Cities • Lynwood Unified Superintendent's Advisory Board • National League of Cities • Southern California Association of Governments ITEM 'I • Water Replenishment District of Southern California As a result of the City Council reorganization, the list of appointments should be updated. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City of Lynwood. Coordinated With: City Attorney's Office 2 MAYORAL APPOINTMENTS TO INTERGOVERNMENTAL ORGANIZATIONS 3 NAME OF ORGANIZATION DESCRIPTION OF ORGANIZATION MEETING TIME APPOINTED APPOINTED DELEGATE ALTERNATE 1 CALIFORNIA CONTRACT Comprised of member cities that contract major 3 Wednesday Flores Morton CITIES ASSOCIATION municipal services on an as needed basis, such as 8199 Somerset Blvd, police services, fire services, animal control, public 6:30 p.m. Paramount, CA 90723 works, and /or building and safety. Alternated between Contact: Sharon member city sites (562) 633 -5533 562 633 -9555 Fax 2 CITY SELECTION Appoints City representatives to various organizations Usually Held After Mayor is Castro COMMITTEE such as MTA, South Coast Air Quality Management League of CA Mandated District LAFCO, and the County Library Commission. Cities. Delegate Contact: Jennifer Quan 626 786 -5142 1 Thursday Santillan 3 COUNTY SANITATION The Sanitation Districts provide environmentally sound, 2 no Wednesday Mayor is Rodriguez DISTRICT #1 cost - effective wastewater and solid waste management. Mandated 1955 Workman Mill Road, The Districts construct, operate, and maintain facilities to 1:30 p.m. Delegate Whittier, CA 90601 collect, treat, recycle, and dispose of waste water and (562) 699 -7411 industrial waste. Santillan Contact: Kim Compton (562) 908 -4278 (562) 699 -5422 Fax www.lacsd.or 4 GATEWAY CITIES COUNCIL Serves as an advocate in representing the members of 1 Wednesday Santillan Castro OF GOVERNMENT (SELAC) the Gateway Cities Council of Governments atthe Regional State, and Federal levels on issues of 6:00 p.m. Richard Powers, Executive importance to Southeast Los Angeles County. Serves as a forum for the review, consideration, study, Office 16401 16401 Paramount Blvd, development and recommendation of public policies and Paramount Blvd, Paramount, CA 90723 plans with regional significance such as Transportation CA 90723 (562)663 -6850 Planning & Funding Economic Development and Air (562) 634 -8216 Fax Quality. 3 5 GREATER LA VECTOR Non - enterprise, independent, special district, enabled 2nd Thursday Morton Rodriguez CONTROL DISTRICT and empowered to act as a public health agency as a (appointed for 2 (S E Mosquito Abatement result of legislation incorporated in the California State 7:00 p.m. years by Distrist) Health and Safety Code. One of five mosquito and unanimous 12545 Florence Ave. vector control district in Los Angeles County. Same Location council vote on Santa Fe Springs, CA 90670 12/15/09) (562) 944 9656 6 HUB CITIES CONSORTIUM Provides a comprehensive system of training plaoement - 3 Thursday Santillan Castro 2577 Zoe Ave. and career planning for job seekers throughout Southern Huntington Park, CA 90255 California. Offers services for businesses and 5:15 p.m. (323) 586 -4700 employers such as human resource and counseling services; ° labor market information and economic- Contact: Marisol Nieto development services (323) 586 -4701 Fax (323) 586 -4729 7 Independent Cities Lease An unaffiliated Joint Powers Authority, which is an 2" Wednesday Castro Rodriguez Finance Authority independent governmental entity made up of several Post Office Box 1750, cities and counties. Authorized to provide funding to 12 Noon (Meet as Palmdale, CA 93590 -1750 governmental entities for th purpose of financing Needed) equipment and capital improvement; provide down Contact: Debbie Smith (877) payment and closing cost assistance to qualified La Villa Basque in 906 -0941 homebuyers; and, finance the purchase of manufactured the City of Vemon home communities. 8 INDEPENDENT CITIES Maintains publictodvate partnerships with carefully 2n, Thursday at Santilan Castro ASSOCIATION selected public and private sector organizations for the quarterly intervals. Post Office Box 1750, purpose of furthering the interest of all concerned.' Palmdale, CA 93590 -1750 7:00 -9:00 p.m. (877)'906 -0941 Member cities (661) 285 -0481 Fax serve as a host. d. smith(d)icacities.oro 9 LEAGUE OF CALIFORNIA Association of California city officials who work together 1 Thursday Morton Flores CITIES to enhance their knowledge and skills, exchange 9 9 1400 K Street, Sacramento, information, and combine resources so that they may 7:00 p.m. CA 95814 influence decisions that affect citites. (916) 658 -8200 Quiet Cannon Contact: Jennifer Quan Montebello 626 86 -5142 4 10 LYNWOOD UNIFIED Ptovides "leadership and d&WA'dVftIgh -, 0 the students 2 & 4 Tuesday Castro Flores SCHOOL DISTRICT BOARD within the district Establishes visions and dltects MEETING policies and goals 6:00 p.m. 11321 Bullis Road, Lynwood, LUSD @oard CA 90262 _ ,, , Room (310)886 -1600 = 11 NATIONAL LEAGUE OF Oldest and largest national organization representing To Be Announced Castro Rodriguez CITIES municipal governments throughout the United States. Serves as a resource to and an advocate for mor than 19,000 cities, villages, and towns it represents. 12 SO, CA ASSN, COUNCIL OF largest of 700 councils of government in the United Regional Council Castro Rodriguez GOVERNMENT (SCAG) States inctionirig as th Metropolitan Planning 1't Thursday 818 W. 7 Street, 12' Fir. Organization forsix counties Los Angeles, Orange, San Los Angeles, CA 90017 Bernardino, Riverside, Ventura, and imperial. As the 11 :30 a.m. — 1:15 (213) 236 -1800 design' Metropolitan PlannirgOrgankatlon, the . p.m. Association of Governments is mandated by the federal government to research end draw up plans for Transportation and transportation, gr6wth,management, hazardous waste Communication management and air quaiity. Committee. -- 1' Thursday 9:30 am. 13 WATER REPLENISHMENT Plays an integral role in overall water resource 1' & 3` Friday at Rodriguez Castro DISTRICT OF SO. CALIF. management in southern Los Angeles County, Manages 9:00 a.m. groundwater for nearly four million residents in 43 cities 4040 Paramount Blvd., of southern Los Angeles County. Lakewood, CA 90723 (562) 921 -5521 11 , ,.Lj 0 A GEN DA ST REP 0 DATE: January 18, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana 6;z� PREPARED BY: Maria Quinonez, City Clerk �'� Kristina Santana, Deputy City Clerk KS SUBJECT: City Commissions, Boards and Committees Recommendation: Staff recommends that the City Council receive the report from staff and provide staff direction as to the City commissions, boards and committees. Background: In general, a city council has broad authority to appoint boards and commissions as part of the sub - government of the city, unless otherwise limited by state law. Over time, as a matter of policy, with the exception of the Personnel Board which was created as an initiative ordinance, the City Council formed City commissions, boards and committees and established powers, duties and method of appointment for these bodies. Currently there are ten active commissions, boards, and committees that meet on a regular basis. Although useful, commissions, boards, and committees are not legally required by state law. Discussion & Analysis: The City Council has exercised its broad authority by appointing commissions, boards and committees. From time to time, it has formed, merged or repealed these subsidiary public bodies. The City Council has established the methods of selection, qualifications for membership, removal of officers, compensation, and delegation of authority. The appointed officers hold office at the pleasure of the City Council. AGENDA ITEM 11 As an example, Included in the active subsidiary public bodies appointed by the City Council is the Planning Commission. Government Code Section 65100 requires for each city and county a planning agency with the powers necessary to carry out local planning. The legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the ordinance assigns the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination as it deems necessary. In the absence of an assignment, the legislative body shall carry out all the functions of the planning agency. The City Council can appoint itself to serve as the Planning Commission. On the other hand, the Personnel Board was created in 1972. It has five members appointed by the City Council. The Personnel Board is unique compared to the rest of the commissions. The Personnel Board was adopted as an initiative ordinance by the voters. 2 NAME PURPOSE COUNCIL ANNUAL AUTHORITY EXPENDITURES 1 Planning To assist the City in permitting, Council can $600.00 Commission zoning and general plan appoint itself to issues. be the Planning Commission. 2 Personnel To hear appeals smutted by Initiative $600.00 Board any person in the classified Ordinance service relative to any appealable disciplinary action, dismissal, demotion or alleged violation of Chapter 18 of the Lynwood municipal Code or the personnel rules. 3 Recreation and To supervise generally all Council can $600.00 Parks public recreation within the appoint, Commission City, to prepare and develop restructure, or recreation and parks remove programs, to advise the Council and City manager, to make recommendations to them concerning the present and future public recreation needs of the City, and to plan and generally supervise recreation activities jointly with other governm ental bodies, 2 school districts or civic organizations which have entered into t agreements with the City. 4 Community To provide recommendations Council can $600.00 Development to the City Council on appoint, Block Grant Community Development restructure, or Advisory Board Block Grant Program. remove 5 Design Review To make advisory Council can $600.00 Board recommendations to the appoint, planning commission on restructure, or discretionary zoning remove entitlements, which shall be considered in connection with the planning commission's hearing on such discretionary zoning entitlements. 6 Women's To foster mutual respect and Council can $600.00 Commission understanding between men appoint, and women; to make such restructure, or studies in any field of remove community relationships as well, in its judgment, aid in effectuating the rights of women; and to recommend to the City Council plans, programs and activities which will increase community awareness and goodwill towards women among all residents of the City and to open new opportunities for all women to become involved in all hases of community life. 7 Youth To provide youth with the Council can $600.00 Commission opportunity to make appoint, recommendations relative to restructure, or policies that affect their lives; remove to expose and educate youth relative to the nature and scope of City government; to provide a forum for the exchange of positive ideas and information among youth; to conduct workshops and symposiums on important The commissions, boards and committees have provided a forum for community members' participation in government. These bodies have also created a venue to promote transparency in government. In addition, as in the case of the Planning Commission, having an intermediary body to hear entitlement applications eliminates The backlog that otherwise will need to be addressed at affording the opportunity for administrative appeals before such challenges must resort to the courts. Fiscal Impact: Staff estimates that $38,000 per year is spent on board members' compensations, legal expenses, minute clerks and other related expenses. Coordinated With: Finance Department City Attorney 11 issues facing youth; and to serve as an advisory body for the Teen Center. _8 Senior Advisory To provide policy Council can $600.00 Council recommendations to the City appoint, Council on issues affecting the restructure, or seniors. remove 9 Veterans Affairs To make policy Council can $600.00 Council recommendations on veterans appoint, affairs. restructure, or remove 10 Public To make policy Council can $600.00 Safety/Traffic recommendations on public appoint, and Parking safety and traffic and parking restructure, or matters. remove The commissions, boards and committees have provided a forum for community members' participation in government. These bodies have also created a venue to promote transparency in government. In addition, as in the case of the Planning Commission, having an intermediary body to hear entitlement applications eliminates The backlog that otherwise will need to be addressed at affording the opportunity for administrative appeals before such challenges must resort to the courts. Fiscal Impact: Staff estimates that $38,000 per year is spent on board members' compensations, legal expenses, minute clerks and other related expenses. Coordinated With: Finance Department City Attorney 11 CITY OF LYNWOOD BOARDS AND COMMISSIONS (LOCAL APPOINTMENT LIST) 2010 A B t' D E F 0 B t J _ .,.,. I -. f '.. o .„ is ' nn Llanas Chondra Handley Karen Figuemdo Albeti Espinoza Setenn Coni'm Job.". 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