Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers. This form must be completed 15 minutes prior to the scheduled meeting time.
Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
07/26/2022
5:30 PM
HEARINGS
5:35 P.M. - PUBLIC HEARING - REQUEST TO APPROVE PROPOSED TENTATIVE TRACT MAP 83696 TO CREATE FIVE AFFORDABLE HOMES (Item #11)
5:45 P.M. - PUBLIC HEARING - TO RECEIVE COMMENTS ON THE PROPOSED 2022-2023 ANNUAL ACTION PLAN (Item #12)
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. COMMENDATORY RESOLUTION PRESENTATION - Corvette of Choice - Outstanding Community Service (Councilwoman Duhart)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
7/26/2022 5:30 PM
CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed.
APPROVAL OF MINUTES
2. JUNE 21, 2022
CITY CLERK
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AND
ESTABLISH A PURCHASE ORDER FOR DEBRA DUNCAN FOR
TRANSCRIPTION AND PREPARATION OF MEETING MINUTES OF THE CITY'S
LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2022-2023 ($43,200)
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
ALL STAR INTERPRETING SERVICE FOR PROVISION OF SPANISH
LANGUAGE INTERPRETATION AND TRANSLATION SERVIES FOR CITY'S LEGISLATIVE BODIES FOR FISCAL YEAR 2022-2023 ($35,000)
HUMAN RESOURCES
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
ADJUST SEASONAL, HOURLY AND MISCELLANEOUS CLASSIFICATIONS WAGES AS A RESULT OF THE INCREASE TO THE 2019, 2020, 2021 AND 2022
STATE OF CALIFORNIA MINIMUM WAGE
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING AN AMENDMENT TO THE SALARY PLAN FOR THE
CLASSIFICATION OF WATER DEPARTMENT GENERAL MANAGER
CORRECTING THE SALARY RANGE FROM 192 TO 220
PUBLIC WORKS DEPARTMENT
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING CURB MARKING POLICIES AND PROCEDURES FOR RED, GREEN,
YELLOW AND WHITE CURBS IN THE CITY OF COMPTON
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING THE ACCESSIBLE PARKING FOR DISABLED PERSONS (BLUE
CURB) POLICY AND PROCEDURES IN THE CITY OF COMPTON
-3- City Council Agenda
7/26/2022 5:30 PM
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A TEMPORARY
LICENSE AGREEMENT WITH ALL AMERICAN ASPHALT FOR USE OF
CERTAIN HOUSING SUCCESSOR AGENCY-OWNED REAL PROPERTY
LOCATED AT 1434 WEST COMPTON BOULEVARD IN THE AMOUNT OF FOUR THOUSAND DOLLARS PER MONTH ($4,000) NOT TO EXCEED ONE HUNDRED AND EIGHTY (180) WORKING DAYS
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL FROM MAJOR LEAGUE INFIELDS, INC. TO
PROVIDE ANNUAL MAINTENANCE SERVICES FOR THE DODGERS
DREAMFIELD AT GONZALES PARK AND AUTHORIZING THE CITY MANAGER
TO ESTABLISH A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED FORTY-NINE THOUSAND TWO HUNDRED DOLLARS ($49,200)
REGULAR AGENDA
CITY MANAGER'S REPORT
11. A REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (September 7-9, 2022, Long Beach California) - $650 per attendee
NEW BUSINESS
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING TENTATIVE TRACT MAP NO. 83696 (SUB 21-003) A REQUEST BY
THE WIN PROJECT TO CREATE FIVE REDUCED SIZED LOW DENSITY RESIDENTIAL LOTS ON A 15,863 SQUARE FOOT SITE LOCATED AT 1716
EAST ROSECRANS AVENUE
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING AND AUTHORIZING THE SUBMISSION OF THE HOUSING AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2022-2023 ANNUAL ACTION
PLAN AND USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) HOME INVESTMENT PARTNERSHIP GRANT (HOME)
PROGRAMS AND AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000)
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING CHARGES FOR SOLID WASTE AND RECYCLABLE MATERIALS
HANDLING SERVICES AND DELINQUENCIES TO BE COLLECTED ON THE LOS ANGELES COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2022-2023
AND COMBINED OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2021-2022
-4- City Council Agenda
7/26/2022 5:30 PM
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH PURCHASE ORDERS TO CITY-WIDE VENDORS LISTED IN “APPENDIX A” FOR THE PROCUREMENT OF SUPPLIES AND SERVICES FOR FISCAL YEAR 2022-2023 ($1,017,727)
16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON, ACTING
IN THE CAPACITY AS THE HOUSING SUCCESSOR TO THE FORMER
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON,
AUTHORIZING THE CITY MANAGER TO ACCEPT LOAN REPAYMENT FROM ALAMEDA COURT, LLC., AND RELEASING LIEN RESTRICTIONS PLACED ON
THE ALAMEDA COURT TOWNHOMES LOCATED AT SOUTHWEST CORNER
OF ALAMEDA BOULEVARD AND MYRRH AVENUE
17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT 2022-2023
FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF SERVICES FOR THE
NATIONAL POLLUTANT DISCHARGE SYSTEM PROGRAM COMPLIANCE
SERVICES AND PROVIDE ADDITIONAL COMPENSATION ($399,774)
18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE
CITY OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000)
19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR
ELEVATE PUBLIC AFFAIRS TO PROVIDE PUBLIC RELATIONS SERVICES ($103,800)
20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THAT TWO MEASURES BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION WITH
REDUCING THE NUMBER OF REQUIRED MONTHLY REGULAR CITY COUNCIL
MEETINGS, ELIMINATING PRIMARY NOMINATING ELECTIONS AND
CHANGING THE DATE OF GENERAL MUNICIPAL ELECTIONS, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
THE MEASURES
21. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON CALLING
AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF COMPTON ON NOVEMBER 8, 2022 FOR THE SUBMISSION TO THE
VOTERS OF THE CITY TWO MEASURES TO AMEND THE CITY OF COMPTON
CHARTER IN CONNECTION WITH REDUCING THE NUMBER OF REQURIED
MONTHLY REGULAR CITY COUNCIL MEETINGS, AND ELIMINATING PRIMARY
NOMINATING ELECTION AND CHANGING THE DATE OF GENERAL
MUNICIPAL ELECTION
-5- City Council Agenda
7/26/2022 5:30 PM
22. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE ELECTION TO BE CONDUCTED BY THE
COUNTY OF LOS ANGELES ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNNIA ELECTIONS CODE
23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THAT TWO MEASURES BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION WITH
REDUCING THE NUMBER OF REQUIRED MONTHLY REGULAR CITY COUNCIL
MEETINGS AND CHANGING THE DATE OF PRIMARY NOMINATING
ELECTIONS AND GENERAL MUNICIPAL ELECTIONS, AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURES
24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON CALLING
AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF COMPTON ON NOVEMBER 8, 2022 FOR THE SUBMISSION TO THE
VOTERS OF THE CITY TWO MEASURES TO AMEND THE CITY OF COMPTON
CHARTER IN CONNECTION WITH REDUCING THE NUMBER OF REQUIRED
MONTHLY REGULAR CITY COUNCIL MEETINGS AND CHANGING THE DATE
OF THE PRIMARY NOMINATING ELECTION AND GENERAL MUNICIPAL
ELECTION
25. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE ELECTION TO BE CONDUCTED BY THE
COUNTY OF LOS ANGELES ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 9/6/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
JUNE 21, 2022
The Compton City Council Closed Session meeting was called to order at 4:39 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Sharif.
ROLL CALL
Council Members Present – D. Duhart, A. Spicer, Mayor E. Sharif Council Members Absent – J. Bowers L. Darden (Both joined during closed session)
Other Officials Present: E. Perrodin, A. Godwin, B. Mims, T. Thomas
CLOSED SESSION AGENDA ITEMS
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Jenny Adame, et al. v. City of Compton, LASC Case No. 19STCV22593 Kareemah Bradford v. City of Compton, LASC Case Nos. TC026769 and 18STCV01367 Craig J. Cornwell v. City of Compton, LASC Case No. 22STCV07996 Demesne Corporation, et al. v. City of Compton, LASC Case No. BC706202 Michael Fletcher, et al. v. City of Compton, LASC Case No. BC670866 Rodney Myers, et al. v. County of Los Angeles, et al., LASC Case No. BC680294 Salvador Perez v. City of Compton, et al., LASC Case No. 21STCV27741 Satra Zurita v. City of Compton, Workers Compensation Claim ADJ15643188 Pursuant to Government Code Section 54956.9(a)
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEM ONLY
There were no audience comments regarding the closed session items.
City Attorney Eric Perrodin requested a closed session for a conference with legal counsel regarding pending litigation in the cases of Jenny Adame, et al. v. City of Compton, LASC Case No. 19STCV22593 Kareemah Bradford v. City of Compton, LASC Case Nos. TC026769 and 18STCV01367 Craig J. Cornwell v. City of Compton, LASC Case No. 22STCV07996 Demesne Corporation, et al. v. City of Compton, LASC Case No. BC706202 Michael Fletcher, et al. v. City of Compton, LASC Case No. BC670866 Rodney Myers, et al. v. County of Los Angeles, et al., LASC Case No. BC680294 Salvador Perez v. City of Compton, et al., LASC Case No. 21STCV27741 Satra Zurita v. City of Compton, Workers Compensation Claim ADJ15643188 Pursuant to Government Code Section 54956.9(a)
On motion by Duhart, seconded by Spicer, the City Council approved the closed session by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers, Darden
RECESS TO CLOSED SESSION
On motion by Duhart, seconded by Spicer, the City Council recessed to closed session at 4:42 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers, Darden
RECONVENE TO OPEN SESSION
On motion by Duhart, seconded by Spicer, the meeting reconvened at 5:38 p.m. by the following roll call vote:
ROLL CALL
Council Members Present: Duhart, Spicer, Bowers, Darden, Sharif Council Members Absent: None
2. REPORT OUT OF CLOSED SESSION
City Attorney Perrodin announced that there was no reportable action taken by the City Council during the closed session meeting.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Rodney Lister questioned whether the City had addressed any of the Audit Findings of Eadie + Payne and Associates and further raised concerns regarding the City’s finances relative to Community Development Block Grant funds. Mr. Lister further indicated that the Compton Unified School District Board of Trustees is considering a $350 Million Bond, which could substantially raise property taxes for the residents and questioned if the Board communicated with the City Council regarding this issue.
Sheila Smith referenced an incident regarding a child which was shot in the City and raised concerns that McCormick Services was not able to respond to transport the child to the hospital.
Ms. Smith spoke in favor of replacing McCormick Ambulance Service by restoring emergency transport services to the Compton Fire Department, which would save the City a great deal of money.
Victor Robbins informed the City Council that he won a claim against the City, however, there was a small error in the amount of the claim and requested the City Council’s assistance in resolving the matter.
Joseph Enayati, Studio 60, stated that last week City officials gave his son a citation for $1000 and further stated that every night his building is patrolled by code enforcement. Mr. Enayati stated that he has attempted to comply with all of the city requirements however he has not been allowed the right to operate his business. Mr. Enayati concluded that he has been closed for three months and will take legal action against the City if he is not allowed to reopen soon.
Tyra Bird commented that small businesses are the lifeblood of the City and added that Comptonmania is a small business with the main goal of uniting the City so that everyone can thrive. Ms. Bird further spoke in support of Comptonmania and indicated that the organization will work with other groups to provide opportunities for the youth and expose them to championship wrestling and showcase the wealth of talent in the City of Compton. Ms. Bird indicated that Comptonmania has set up a go fund me account to provide funds to allow all the children up to the age of 18 to attend the event free of charge.
DeSean Watkins announced that the next Comptonmania event will take place on August 28, 2022, and will be called the Ghetto Gauntlet II. Mr. Watkins noted that 20 to 30 wrestlers will compete for the heavyweight championship. This event will take place in the Richland Farms area in conjunction with the Compton Cowboys and other local organizations. Mr. Watkins further indicated that this event is for the youth of the community and will unite the residents of Compton.
Jeanette Lewis commented that the illegal street takeovers are still occurring and further questioned if the City Council has developed a plan to eradicate the problem.
Herbert Proby requested that the repass fees for the use of the Dollarhide Center be waive for his son, who is the nephew of Former Police Chief Hourie Taylor.
Hourie Taylor commented that this is the second son that the family has lost in the last 6 years and further thanked the City Council for their consideration of waiving the fees for the repass.
George Salvador of the Southwest Regional Council of Carpenters, stated that he represents more than 57,000 members. He urged the City to utilize local, highly skilled workers for the construction development site at 501 E. Compton Boulevard. Mr. Salvador indicated that utilizing local hired workers will reduce the construction related environmental impact, while benefiting the local economy and mitigating greenhouse gases because workers are not commuting great distances.
Brother Zaafir, Islamic Historical Society, discussed the Holy Month and further explained that Muhammad, the founder of Islam, was born in Mecca, and it is toward this religious center that Muslims turn five times daily in prayer. All devout and able Muslims must attempt a Hajj (pilgrimage) to Mecca at least once in their lifetime. Brother Zaafir urged the residents to turn to God and ask Him for relief.
Sandra Alvarez informed the City Council that there is an unruly rooster in her neighborhood causing problems for the residents. Ms. Alvarez further indicated that there is a high volume of crime and illegal street takeovers in the area with cars speeding up and down the street. Ms.
Alvarez urged the City Council to take action and hold the Compton Sheriffs accountable.
Juan Ortega addressed the issue of the illegal street takeovers and noted that a growing memorial for the people that were recently killed has been set up. Mr. Ortega indicated that visitors to the memorial site are causing problems because they play loud music and drink alcohol at the location throughout the night. He requested that the City Council take action to combat the takeovers, adding outsiders are coming in and terrorizing the community.
Raul Riesgo spoke in opposition to the ballot initiative to allow for online and mobile phone sports wagering which would have a negative effect on the community. Mr. Riesgo urged the City to join the coalition to defeat this ballot measure.
Marjorie Shipp urged the City Council to address the illegal street takeovers and also address the many Municipal Code violations occurring in the Richland Farms area. Ms. Shipp indicated that she resides on Raymond Street and she and her neighbors are subjected to nuisances every Friday and Saturday with the illegal street takeovers which are occurring dangerously close to gas stations.
Ms. Shipp further urged the City Council to improve the street lighting and repair the traffic signals and clean up the homeless encampments and remove the left-over debris left from the fires in the area.
Anthony Lewis commented that he received a parking violation citation and asserted that the street signage and the street curbs painting must be replaced and upgraded. Mr. Lewis then noted that he was in City Hall conducting City business and further noted that Compton should be amenable to those individuals visiting City Hall for business purposes. Mr. Lewis also informed the City Council that a vehicle pulling two trailers crashed into several vehicles including a car owned by a friend.
Yolanda Gomez requested to be informed regarding the status of her request for a Townhall meeting to discuss the strategies for combating illegal street takeovers as well as other crimes in the City. Ms. Gomez recited an incident whereby she was caught in the middle of an illegal street takeover and feared for the safety of her life and her family. Ms. Gomez requested that the City Council invite Los Angeles County Sheriff Villanueva to listen to the concerns of the residents which would provide an opportunity for the residents to hear what the Council plans to do regarding the illegal street takeovers. Ms. Gomez concluded by stating that Cinco de Mayo was a paid day off, however, the Latino community was not presented with any type of event to honor this holiday.
Veronica Campos urged the City Council to sympathize with the community and approve a neighborhood street closure for the safety of the residents. Ms. Campos invited the Council and community to participate in community talks involving law enforcement to discuss solutions and strategies for eradicating crime and eradicating illegal street takeovers.
Crystal Hodges, Compton Library Manager, announced that the Compton Library at 240 West Compton Boulevard, offers free ‘grab and go’ lunches for children up to the age of 18 every Tuesday through Friday from 12 noon to 1 p.m. through August 5, 2022. Ms. Hodges urged everyone to take advantage of this free service and also encouraged the residents to visit the library and obtain a library card to rent various items such as power washing tools, pliers, sewing machines, and many other items free of charge.
Maria Villareal, CEO/President of the Latino Chamber of Commerce, announced that on Monday, June 27, 2022, the Latino Chamber of Commerce is hosting a computer giveaway at their location from 11 a.m. until 12 noon. She invited the residents to come to the location with their identification and fill out a form to receive their free computer. Ms. Villarreal also discussed the various Latino events such as Cinco de Mayo and the Taste of Compton and further recited the various holidays that should be celebrated throughout the City.
Lynn Boone commented that every surrounding City has addressed illegal street takeovers except the City of Compton and further stated that she blames the City Attorney for not taking action. Ms.
Boone then announced that there will be a court date set to address the Second District Council seat and added that there should be changes made regarding the election. Ms. Boone alleged that the City Council is disrespecting the City Charter and the people of the City of Compton.
Mayor Sharif assured the community that the City Council is working diligently in conjunction with law enforcement and various agencies and surrounding cities to develop a strategy to eradicate crime and the illegal street takeovers.
INTRODUCTION OF SPECIAL GUESTS
1. POWER POINT PRESENTATION - 501-601 EAST COMPTON BOULEVARD
DEVELOPMENT PROJECT - KBK DEVELOPER
Keith B. Key, KBK Developers, and his team provided a power point presentation relative to the development at 501-601 Compton Boulevard and indicated that the Compton Innovation Center will be a transformative, urban mixed-use development which will serve the residents and innovators of Compton, helping to make Downtown Compton into a world-class destination that all of the City's residents can enjoy and benefit from. This will include up to 300 studio, one-bedroom and two-bedroom units, of which 58 units will be affordable to very low-income households. Residential amenities to include a lobby, lounge area, fitness room, swimming pool, in-unit washers/dryers and more. The site will also include community serving commercial space in addition to a large Innovation Center.
There will be sufficient parking for both the commercial and residential use as well as a public pedestrian plaza. All of which will be accommodated in a seven-story building that will be broken up into different vertical sections and will bridge over Willow Street.
Mr. Key then noted that the City of Compton was selected as a recipient of a statewide award and grant, through the Affordable Housing and Sustainable Communities Program (AHSC). The $21 Million grant will assist in the development of a mixed-use, transit-oriented development proposed to be built on Compton Boulevard and for other infrastructure related projects.
Mr. Key noted that this grant is the largest in Compton’s history and represents a significant investment in the development and future of the City. This project will be the starting point of a renaissance of Downtown Compton with the goal of developing the City into a regional center for culture and commerce. KBK provided artist’s renditions of the proposed development for the City Council and community.
Councilman Spicer questioned what the Developer would do to ensure that we do not have gentrification and further raised concerns regarding the parking.
Mr. Key indicated that 58 units will be affordable housing which is embedded in the deeds so that those 58 units will remain affordable, per HUD guidelines. The other 237 units’ costs will be based on market realities. Mr. Key noted that residents will also have the opportunity to acquire additional parking at the site to accommodate their needs.
Councilman Spicer then raised concerns regarding the emergency plan for the development.
Mr. Key responded that the development will include state-of-the art fire retardant materials, along with fire extinguishers and water sprinkler systems. Mr. Key further confirmed KBK’s written commitment to providing an additional ladder truck.
Councilmember Duhart suggested that the Developer consider scaling down the project to 4 stories rather than 7 stories high.
Councilman Bowers indicated that he would like for the Developer to purchase another fully equipped ladder truck and provide for high level training for Fire Department personnel.
Councilman Bowers further indicated that the City needs a disaster plan and an emergency evacuation plan in place for the safety of the residents. Councilman Bowers concluded that the City’s infrastructure needs to make major improvements, prior to placing such a high-density housing project in the City.
Fire Chief Simpson stated that the City currently has emergency evacuations plans in place for the residents and further noted that the Department is fully capable of addressing an emergency situation for a development of this size.
5:35 P.M. - PUBLIC HEARING - FISCAL YEAR 2022-2023 BUDGET (Item #5) On motion by Duhart, seconded by Spicer, the public hearing was opened at 7:23 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Jimmie Smith, Budget Officer, presented the 2022-2023 Fiscal Year Budget for the City of Compton for review and adoption. The estimated revenues have been supplied by the City Controller. Available Special Fund Balances from prior year surplus have also been provided by the City Controller and utilized to balance the Budget. The projected expenditures recommended by the City Manager are in balance with the Controller’s estimated revenue. The City Manager and City Controller, along with all the Budget Team members, have worked diligently to balance this proposed Budget. This balanced Budget is recommended to the Mayor and City Council for approval.
The Compton City Charter, Section 1407, requires that the City Manager present an Annual Budget for adoption by City Council on or before June 30, 2022, and this public hearing is being held to discuss the proposed Fiscal Year 2022-2023 Budget. Three City Council Budget Workshop discussions were held on April 5, 2022, May 17, 2022, and May 24, 2022.
The City organizes the Annual Budget by Fund and by Department. The Citywide Fiscal Year 2022-2023 Proposed Budget, which includes combined (all) Funds and Departments, totals $215,260,174. Expenditures are offset by City-wide revenues and Special Fund Balances totaling $215,260,174. The City-wide Budget includes the General Fund. The General Fund, which includes the Measure “P” 1% Sales Tax. This fund which provides for most of the typical public services which Compton citizens rely on, such as Law Enforcement, Fire Protection, Recreation, Street Repair, and General City Administration. The General Fund Budget equals: $59,501,174.
Measure P General Fund Resources equal: $14,286,625. All General Fund Resources (inclusive of Measure P) equal $73,787,799.
Restore General Services and Human Resources Department - The Budget includes the proposal to separate from Public Works Street Maintenance and restore General Services Department as a stand-alone department. The Budget also includes a proposal to separate the Human Resources Department from the Internal Services Department. The remaining Internal Services Divisions, Information Technology, Reprographics, and the Public Access Channel will be transferred to the City Manager’s Department. This organizational change is responsive to the State Controller’s recommendation to address the lack of leadership at the management level.
Expand Community Improvement Department - This proposed Budget includes a plan to extend the operational days and hours for the Parking Division to address the public parking hazard the City of Compton faces. Inoperable, abandoned, long-term, and oversized vehicles park illegally on City streets. Additional staff included in this Budget will allow the Parking Division to address these concerns after regular weekday business hours and on weekends.
Mr. Smith indicated that ongoing monitoring of revenue and expenditures will result in Quarterly Budget review and appropriate adjustments. The City Manager and City Controller intend to conduct a “Mid-year” Budget Review and Workshops with the City Council, updating revenue estimates and expenditures.
Staff recommends that the Council accept the proposed 2022/2023 City of Compton Budget for public comments, revisions, and adoption.
PUBLIC COMMENTS REGARDING THE HEARING
Marjorie Shipp requested that the City hire more Code Enforcement Officers to address the Municipal Code violations and other issues affecting the City.
Mr. Smith indicated that there is a proposal to add 12 additional positions to the Code Enforcement Division and increase the hours of operation.
Bruce Boyden questioned the whereabouts of the listing of the funding for the various committees and commissions.
Mr. Smith replied that the funding for the committees and commissions is listed under the City Manager’s budget and further stated that discussions are continuing relative to the boards, committees and commissions.
Mark Smith questioned whether funding was provided for the video surveillance system which would be crucial in the effort to combat illegal street takeovers. Mr. Smith further indicated that additional funding is needed for law-enforcement as well as fire department personnel and apparatus.
Richard Earl questioned if the City has detailed job duties and instructions for the new personnel positions in the Budget.
Mr. Smith responded that the job classification specifications outline the duties and other pertinent information relative to the various positions.
Unidentified Speaker noted that a portion of the General Fund revenue is budgeted for public services and further asked if the budget offers a break down as to how the funds are distributed.
Mr. Smith replied that a funding source breakdown is provided on the funding distribution page of the Budget.
Sinetta Farley requested a presentation to include a line-by-line breakdown of the proposed budget.
Yolanda Gomez requested that a Townhall meeting be conducted in each district to address the concerns of the residents.
Renee Bowen discussed the water wells and questioned whether funds will be allocated for their repair and upgrades.
Mr. Smith indicated that the funding for projects such as well repair will be considered at a later date and the public will be provided with status updates regarding the Budget.
City Attorney Eric Perrodin highlighted Section 1413 of the Compton City Charter, under Public Services Departments' Depreciation Funds and stated that the City Council shall annually set aside from the income derived from its revenue producing public utilities, as a separate depreciation fund for each of said public utilities, a sum which, according to the estimate of the City Manager, and approved by the City Council, shall be sufficient to meet the normal depreciation in said public utility. Such depreciation funds shall be used only for the replacement, betterment, and extension of the plants and equipment of said public utilities, respectively. Attorney Perrodin further indicated that under Section 1414, Capital Outlay funds; the City Council, by ordinance, may create a special fund or funds for a special capital outlay purpose.
Anthony Lewis noted that capital outlay funds may be used for building and street repair in addition to the purchase of Fire Department equipment.
Betrina Warren asked if funding is available to repair the traffic lights on Alameda Street.
Mr. Smith indicated that this issue is under discussion.
There being no further comments, it was moved by Duhart, seconded by Spicer, the hearing was closed at 7:48 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Councilmember Darden raised concerns that there was an error listed for the salary of the Water Department Manager and further questioned whether an Engineer’s position is included in the Budget. Ms. Darden further commented that residents had requested that the City Council include funding for an Economic Development Department in the Budget.
City Manager Thomas indicated that he did not plan funding for a position in an Economic Development Division.
Councilman Bowers noted that the Fiscal Sustainability Plan is not included in the proposed Budget.
Mayor Sharif commented that Fiscal Sustainability must be part of the 2022/2023 Fiscal Year Budget.
CONSENT AGENDA
APPROVAL OF MINUTES
1. MAY 24, 2022
On motion by Darden, seconded by Duhart, the consent agenda was approved by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY
COUNCIL
2. REMOVAL OF OFFICERS, COUNCIL MEMBERS, BOARDS/COMMISSIONS
AND COMMITTEES
PERSONNEL BOARD (Removed from agenda)
3. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
PERSONNEL BOARD (Removed from agenda)
AUDIT AD HOC COMMITTEE, AD HOC FINANCE COMMITTEE AND MULTI-
JURISDICTIONAL ASSOCIATION AND COMMITTES
Councilman Spicer indicated that he would like to serve on the Audit Ad Hoc Committee.
Mayor Sharif indicated that she would like to remain as alternate on the Gateway Cities Committee and Councilman Spicer stated that he would like to serve as the alternate.
Mayor Sharif commented that she would serve as a representative on the Southern California Association of Governors, and Councilwoman Darden noted that she would like to serve as the alternate.
Councilman Spicer requested to be appointed to the Southern California Air Quality Management District and Councilmember Duhart noted that she would like to serve as the alternate.
Mayor Sharif nominated Councilman Spicer to serve on the 91/605 Gateway Council and suggested that Councilmember Duhart serve as the alternate.
On motion by Spicer, seconded by Duhart, the aforementioned appointments were approved by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
City Clerk Alita Godwin indicated that former Councilmember Chambers must be removed from her the Independent Cities Lease Finance Authority.
On motion by Duhart, seconded by Spicer, former Councilmember Chambers was removed from the Independent Cities Lease Finance Authority by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
NEW BUSINESS
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023 (Removed from agenda consideration)
COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
Thanked Assemblyman Mike Gipson, Compton Lives Matter, the Compton community and the City Council for attending the wonderful Juneteenth Freedom Day Celebration and noted that a commendation was presented to the Compton Lives Matter organization for supplying the youth with free school uniforms, pajamas and school supplies and toys.
Announced that the Compton Sheriff’s Department is hosting a Zoom meeting on June 22, 2022, at 6:00 p.m. to discuss strategies to combat illegal street takeovers and other important topics of concern—contact: [email protected] for additional information.
Invited the community to attend the free Movie in the Park event featuring The Lego Batman Movie beginning at 7:00 p.m. at Gonzales Park, located at 1101 W. Cressey Street on June 24, 2022.
Reminded the community that the Compton Library, 240 W. Compton Boulevard, is offering free lunches for kids and teens Tuesdays through Fridays from 12:00 noon to 1:00 p.m.— there will also be a Summer reading program available for the residents— visit: lacountylibrary.org/summerdiscovery.
Requested that the Compton Sheriff’s Department increase patrol in and around the residential area of Hickory and Cedar Street to deter illegal activity.
Councilmember Spicer offered the following communications/announcements:
Encouraged everyone to attend the Zoom teleconference with the Compton Sheriffs to discuss strategies to combat the illegal street takeovers and other topics raised by the community on June 22, 2022.
Invited everyone to attend the District 2 Walk/Run scheduled for Saturday, July 2, 2022, beginning at 7:45 a.m., starting at 609 N. Long Beach Boulevard---this will be an opportunity to identify some of the issues and concerns of the neighborhood. Invited the community to attend the Big Giveback for the residents—available will be 500 hot meals, hygiene products, groceries and other essential goods and services on July 9, 2022, from 10:00 a.m. to 2:00 p.m. at the Pocket park located at 212 N. Long Beach Boulevard.
Councilmember Bowers offered the following communications/announcements:
Reported that there are several traffic and street light outages on West Alondra between Central and Wilmington and elsewhere in the City.
Reported that the street cleaners are not picking up the leftover debris and car remnants left by those individuals attending the illegal street takeovers—particularly in the area of Wilmington and Caldwell and urged the City Manager to take action.
Councilmember Darden offered the following communications/announcements:
Reported on the various meetings, celebrations and community events she attended during the past week.
Requested that the City Manager provide progress reports relative to the questions and concerns raised by the residents when they approach the Council during the City Council meetings.
Invited the community to attend her Business Roundtable which will be held on June 30, 2022, at the Dollarhide Community Center, 301 N. Tamarind Avenue, Compton— contact: Dean Jones at 310-761-1482 for information and registration. Invited residents that would like to serve on the various boards, committees and commissions to submit applications to the City Clerk’s Office. Requested a meeting with the City Manager to discuss the temporary repair of the Artesia Bridge.
Requested that the City Council meeting be adjourned in memory of Monica Petit.
Mayor Sharif offered the following communications/announcements:
Mayor Sharif commented that the City must be clean, beautified and improved, particularly around the City’s main thoroughfares and further suggested that a task force be constituted to address this issue.
Mayor Sharif thanked everyone involved with the Understanding Your Tax Bill workshop and indicated that she is looking forward to more events of this nature for the residents.
Mayor Sharif thanked the City Councilmembers for hosting their various events and indicated that the community is very appreciative of the services, supplies and critical information they receive from the various events, meetings and workshops. Mayor Sharif invited the community to join the City Council for an Art Walk on Saturday, July 30, 2022, from 11:00 a.m. to 3:00 p.m. at the Dollarhide Community Center—there will be festivities, music and more as the residents enjoy the City’s rich heritage of talent. Contact Mariela Gonzales at (323) 877-2174 for additional information.
ADJOURNMENT
On motion by Duhart, seconded by Darden, the meeting was adjourned at 8:31 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
________________________________________ ___________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON July 26, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR DEBRA DUNCAN FOR TRANSCRIPTION AND
PREPARATION OF MEETING MINUTES OF THE CITY’S
LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC
SERVICES FOR FISCAL YEAR 2022-2023 ($43,200)
SUMMARY
The City Clerk requests that the City Council adopt a resolution authorizing the City Manager to enter into an agreement with Debra Duncan for a period of twelve (12) month (i.e. July 1, 2022 through June 30, 2023) and establish a purchase order in the amount of Forty Three Thousand Two Hundred Dollars ($43,200.00) for payment of services for transcription and preparation of meeting minutes of the City’s legislative bodies and specialized electronic services for the Fiscal Year 2022-2023.
BACKGROUND
The City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”).
The City contracted with Debra Duncan last fiscal year to transcribe and prepare the meeting minutes for the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”). Use of her services allows the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner.
Additionally, Ms. Duncan’s responsibilities have included providing a variety of technological services attendant to the agenda preparation process for the City’s legislative bodies, such as:
3.3.3.3. Staff Repot – Resolution Authorizing Contract
Transcribe Legislative Bodies Meeting Minutes
Debra Duncan FY 2022-2023
July 26, 2022, page 2
1. Export the consent Agenda from OnBase Live to the Media Manager.
2. Transcribes the spoken word from video files using sophisticated software (OnBase Live/Media Manager internet-based software).
3. Include accurate time stamps for agenda items (Public Comments on Agenda and Non-Agenda Items, Consent Agenda, etc.).
4. Perform application programming operations (enters specialized vocabulary into software) to assist in the rapid and accurate translation of spoken information into electronic and print materials; (roll call, motions, votes, resolution numbers, ordinance numbers, report out of closed session items, and adjournments).
5. Records amendments to resolutions and ordinances, incidental motions, requests to withdraw or modify motions, special privileges, and disciplinary procedures.
6. Evaluates and maintains software to determine suitability.
7. Identifies and takes corrective action to resolve routine operational problems.
8. Publishes training streams as necessary.
9. Provide user accessibility to archived meetings via the internet.
10.Operates peripheral equipment such as printers, desktop computers, and copiers to provide hard copies of summary minutes.
STATEMENT OF THE ISSUE
The City Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner. Thus, informal quotes were sought through [email protected], which is a network of current and former California City Clerks. There were only three (3) responses to our request.
Sharp’s Transcription Services – $1,500.00 per meeting date Debra Duncan - $900.00 per meeting date
Playback Communications - $120.00 per hour
The three quotes received were evaluated on experience, professionalism, knowledge, etc. Debra Duncan’s quote was the lowest quote received, with her ability to attend each meeting. Additionally, the City has previously contracted with Ms. Debra Duncan and has found her service reliable and very satisfactory.
Staff Repot – Resolution Authorizing Contract
Transcribe Legislative Bodies Meeting Minutes
Debra Duncan FY 2022-2023
July 26, 2022, page 3
Ms. Duncan will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called.
FISCAL IMPACT
The funding is currently budgeted in the City Clerk’s Fiscal Year 2022-2023 budget in Account No. 1001-470-000-4262.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH AND ESTABLISH A PURCHASE ORDER FOR DEBRA DUNCAN
FOR TRANSCRIPTION AND PREPARATION OF MEETING MINUTES
OF THE CITY’S LEGISLATIVE BODIES AND SPECIALIZED
ELECTRONIC SERVICES FOR FISCAL YEAR 2022-2023 ($43,200) WHEREAS, the City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”); and WHEREAS, the Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner; and
WHEREAS, informal quotes were sought through
[email protected], which is a network of current and former California City Clerks.
WHEREAS, there were only three (3) responses to our request from:
Sharp’s Transcription Services – $1,500.00 per meeting date Debra Duncan - $900.00 per meeting date
Playback Communications - $120.00 per hour
WHEREAS, the City contracted with Debra Duncan last fiscal year; who is knowledgeable and experienced in the needed areas of service; to transcribe and prepare the meeting minutes for the legislative bodies of the City and use of her services allowed the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner; and WHEREAS, the existing contract has expired; thus, it is requested that the City Manager be authorized to enter into a contract for a period of 12-months (i.e.
July 1, 2022 through June 30, 2023); and
WHEREAS, Ms. Duncan will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called; and
WHEREAS, funds for this expenditure are available in the 2022-2023 Fiscal Year budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a contract with Debra Duncan to provide transcription services and preparation of meetings minutes for the City’s legislative bodies for a period of 12-months (i.e. July 1, 2022 through June 30, 2023), payable at the flat rate of Nine Hundred Dollars ($900.00) for each week that meetings of the legislative bodies are held that Debra Duncan performs services for.
Section 2.That a purchase order in the amount of Forty Three Thousand Two Hundred Dollars ($43,200.00) to pay for services rendered through June 30, 2023 is authorized to be established.
Resolution No. ____________
Section 3.That funds for this expenditure are available in the City Clerk’s Fiscal Year 2022-2023 budget in Account No. 1001-470-000-4262.
Section 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Attorney and City Controller.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ___________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ____ day of ____________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF COMPTON
AND
DEBRA DUNCAN
This AGREEMENT is entered and made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and the DEBRA DUNCAN (hereinafter referred to as “CONTRACTOR”) located at 4016 Pine Avenue, Long Beach, California 90807.
RECITALS:
WHEREAS, the City requires the services of a qualified and experienced professional to assist the City Clerk’s Office by providing transcription services for the meeting minutes for the four (4) legislative bodies of the City of Compton; i.e. the Compton Public Finance Authority, the Urban Community Development Commission, the Compton Successor Agency to the Community Redevelopment Agency of the City of Compton and the Compton City Council; and WHEREAS, Contractor represents that she is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and
WHEREAS, by Resolution No. ________, adopted on the _____ day of _______ 2022, the City Council authorized the City Manager to enter into a contract with the Contractor (Debra Duncan) to provide the needed services; and
WHEREAS, Contractor is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, Contractor and City, for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1. Services to be rendered by Contractor.It is the mutual understanding of the parties that the Contractor shall render services “as-needed” and requested by the Compton City Clerk. These services shall include, but are not limited to transcription and preparation of minutes from the Compton Public Finance Authority, the Urban Community Development Commission, the Compton City Council and the Successor Agency meetings. Services further include responsibly for providing a variety of technological services attendant to the agenda preparation process, including:
1. Export the consent Agenda from OnBase to the Media Manager.
2. Transcribe the spoken word from video files using sophisticated software (OnBase Live/Media Manager internet-based software).
3. Include accurate time stamps for agenda items (Public Comments on Agenda and Non-Agenda Items, Consent Agenda, etc.).
4. Perform application programming operations (enter specialized vocabulary into software) to assist in the rapid and accurate translation of spoken information into Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
2 electronic and print materials; (roll call, motions, votes, resolution numbers, ordinance numbers, report out of closed session items, and adjournments).
5. Record amendments to resolutions and ordinances, incidental motions, requests to withdraw or modify motions, special privileges, and disciplinary procedures.
6. Evaluate and maintain software to determine suitability.
7. Identify and take corrective action to resolve routine operational problems.
8. Publish training streams as necessary.
9. Provide user accessibility to archived meetings via the internet.
10. Operate peripheral equipment such as printers, desktop computers, and copiers to provide hard copies of summary minutes.
Contractor acknowledges that in entering into this Agreement the City is relying on Contractor's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Contractor agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
Contractor services hereunder shall be performed in good, workmanlike and professional manner. Contractor shall be responsible for correcting and completing all errors and omissions related to the services provided by the Contractor for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Contractor to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Contractor from these obligations.
Acceptance by City of the work performed under this Agreement does not operate as a release of said Contractor from such professional responsibility for the services performed.
2. Duration of Contract.The term of this Agreement shall be for period of July 1, 2022 through June 30, 2023, unless this Agreement is terminated as provided herein.
3. Compensation.The method of payment for this Contract will be based on a fee-for-services basis, billable at an agreed rate of Nine Hundred Dollars ($900.00) per date for transcription and preparation of meeting minutes for each and every City of Compton legislative body (i.e. the Compton Public Finance Authority, the Urban Community Development Commission, the Compton City Council and the Successor Agency) meeting on that date. The compensation paid the Contractor includes compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the compensation may be negotiated between the Contractor and the City. Adjustment in the compensation will not be effective until authorized and approved by contract amendment.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
3 items according to schedule, unless the failure is through no fault of the Contractor or the schedule is altered/extended by the City, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed.
Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be mailed or delivered to the City Clerk at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.
The Contractor understand and agree that the maximum compensation authorized for the services to be performed pursuant to this Agreement is limited to a not-to-exceed sum of Forty Three Thousand Two Hundred Dollars ($43,200.00).
In the event of termination, the Contractor shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Contractor’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.Contractor agrees that all of its electronic and hardcopy reports, documents, disc, diskettes and other materials and work product created or assembled by it in the course of performing the services (“Work Product”) hereunder are works for hire for the benefit of the City and as such is the sole property of the City. To the extent that such materials and work product do not constitute work for hire, in consideration of the payments and other covenants of the City, as set forth or called for herein, Contractor hereby sells, transfers, conveys and assigns any and all of its rights therein to the City. In the event this Agreement is terminated, all Work Product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Contractor; provided, however, that if this Agreement is terminated for any reason prior to expiration of this Agreement and if under such circumstances City uses, or engages the services of and directs another Contractor to use, the Work Product, City agrees to hold Contractor harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Contractor, or anyone for whose acts it is responsible, in preparation of the Work Product. Contractor will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others.
Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
4 5. Independent Contractor Status.Contractor, its officers, employees, subcontractors, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), will perform the services in Contractor's own way and pursuant to this Agreement as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. The persons used by Contractor to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or contractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Contractor.
6. Successors, Assignment and Delegation.City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of Contractor are material considerations for this Agreement. Contractor shall not assign or transfer any interest in this Agreement or the performance of any of Contractor’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Contractor’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees, Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
5 applicants and subcontractors for employment, notices setting forth the provisions of this non- discrimination clause.
In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.Contractor's services are unique and personal. Except as may be agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Contractors.The City reserves the right to employ other Contractors in connection with the services.
10. Indemnification.Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Contractor, its officers, employees, subcontractors, subcontractors or agents in the performance of the duties undertaken by Contractor pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the Contractor’s indemnification of the City, Contractor shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
6 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. The coverage will contain no special limitations on the scope of its protection to the below-indicated insureds except for Workers Compensation and errors and omissions insurance. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.
11.1 Commercial General Liability Insurance. $500,000.00 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
Endorsements. For Commercial General Liability Insurance, Contractor will insure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Contractor. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses.Contractor, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Contractor. Upon execution of this Agreement, the Contractor shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
7 14. Warranties.Contractor represents and warrants (i) that Contractor has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Contractor’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Contractor will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Contractor has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.
16. Termination.In the event of the Contractor's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Contractor in writing. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Contractor, whether located at the project site, at Contractor's place of business, or at the offices of a subcontractor.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering ten (10) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Contractor will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. Covenants Against Contingent Fees. Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
8 the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
18. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
19. Testimony.Contractor will testify at City's request if litigation is brought against City in connection with Contractor's services under this agreement. Unless the action is brought by Contractor, or is based upon Contractor's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Contractor will compensate Contractor for time spent in preparation for testimony, testimony, and travel at Contractor's standard hourly rates at the time of actual testimony.
20. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
21. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
22. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
23. Amendments.This Agreement may be modified or amended only be written document executed by both Contractor and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
24. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Contractor will not make any of these documents or information available to any individual or organization not Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
9 employed by the Contractor or the City without the written consent of the City before any such release.
25. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
26. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
To Contractor: Debra Duncan
4016 Pine Avenue
Long Beach, California 90807
(213) 880-7180
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Clerk
(310) 605-5530
(310) 639-4685 – fax
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
27. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
Professional Services Agreement – Debra Duncan
Legislative Bodies Minutes – Transcription FY 2022-2023 Resolution No. ___________/(City Clerk)
10 IN WITNESS WHEREOF, CONTRACTOR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
CONTRACTOR
Dated: _______________ By ____________________________________ Debra Duncan
CITY OF COMPTON
Approved By:
Dated: ________________ By ____________________________________ Thomas Thomas, City Manager
Approved as to form:
By _________________________________ Dated: ___________________ Eric Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________________ Alita Godwin, City Clerk
REQUEST FOR QUOTE
The City of Compton, City Clerk’s Office is seeking quotes for Professional Services for transcription and preparation of meeting minutes of the City’s Legislative Bodies and Electronic Streamline Services.
The City Council meet every Tuesday of the month, with the exception of the 5 th Tuesday and the month of August. Meetings can last up to six (6) hours or as short as three (3) hours. It is highly desired that you attend each meeting. The transcription should be completed and submitted the following week after the meeting but no later than two weeks after the meeting.
The Legislative Bodies consist of Public Finance Authority, Urban Community Development Commission, Successor Agency and City Council. With the exception of the City Council meeting, the other meetings are held on an as needed basis.
You will be required to transcribe the spoken word from video files using sophisticated software (OnBase Live/Media Manager internet-based software). The minutes are a summation of the meeting and not verbatim.
Please submit your cost per meeting or per month. Also include if you are able to attend each meeting. Please submit your quote by July 7, 2022 to:
Alita Godwin, City Clerk, City of Compton
Minute Transcription Quote
205 S. Willowbrook Avenue
Compton, Ca 90220
or
via email
[email protected]
July 26, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH ALL STAR INTERPRETING
SERVICE FOR PROVISION OF SPANISH LANGUAGE
INTERPRETATION AND TRANSLATION SERVICES FOR CITY’S
LEGISLATIVE BODIES FOR FISCAL YEAR 2022-2023 ($35,000)
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a twelve (12) month agreement (i.e. July 1, 2022 through June 30, 2023) with All Star Interpreting Service (“All Star”) to provide Spanish language translation and interpretation services for the public meetings of the City’s legislative bodies for Fiscal Year 2022-2023 and establish a purchase order in the amount of Thirty Five Thousand Dollars ($35,000).
BACKGROUND
The City Council conducts much of the City’s business during its weekly public and televised meetings in the English language. A substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings. The City conducts public meetings of its legislative bodies up to four (4) times monthly.
STATEMENT OF ISSUE
The Clerk’s Office does not have staff to perform the professional services needed to provide professional, certified language translation and interpretation services for the various City’s legislative bodies. Thus, informal proposals were sought and received from four (4) firms; to wit:
All Star Interpreting Service - $750.00 flat rate per meeting BiLingual Services International - $595.00 times 2 Interpreters (required) up to 3 hours, $195.00 per each additional hour per interpreters Medrano Interpreting - 1000.00 times 2 Interpreters (required) up to 6 hours for a total of $2000.00 per meeting.
Reliable Translation Inc. - $432.00 times 2 Interpreters (required) up to 2 hours, (additional cost per every 15 minutes, and mileage)
4.4.4.4.4.4.4.4. Staff Report – Resolution Authorizing Contract for Spanish Language Translation Services for Legislative Bodies All Star Interpreting Service FY 2022-2023
July 26, 2022, page 2
Proposals received were evaluated on experience, professionalism, knowledge, experience, etc. While each of the firms seemingly were qualified to adequately perform the tasks needed, All Star Interpreting Service proposed fees were most competitive and reasonable. Additionally, the City has previously contracted with All Star Interpreting Service and has found their services reliable and very satisfactory.
All Star has been providing translation and interpreting service for over twenty-nine (29) years. All Star is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language.
All Star will provide professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meetings. The contract with All Star will be for one (1) year (July 1, 2022 through June 30, 2023). The costs of services will remain at the rate of Seven Hundred Dollars ($750.00) per date of services rendered for the entire term of the agreement.
FISCAL IMPACT
The costs for services for Fiscal Year 2022-2023 is estimated at Thirty Five Thousand Dollars ($35,000.00). Funds for this expenditure are available in Account No. 1001-470-000-4262.
RECOMMENDATION
Staff recommends that Council approve the attached Resolution.
ALITA GODWIN, MMC
CITY CLERK
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH ALL STAR INTERPRETING SERVICE FOR PROVISION OF SPANISH
LANGUAGE INTERPRETATION AND TRANSLATION SERVICES FOR
CITY’S LEGISLATIVE BODIES FOR FISCAL YEAR 2022-2023 ($35,000) WHEREAS, the City Council conducts much of the City’s business during its weekly public and televised meetings in the English language; and WHEREAS, a substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings; and WHEREAS, informal quotes were sought from vendors that provide Spanish translation services; and
WHEREAS, there were only four (4) quotes received from:
All Star Interpreting Service - $7500.00 flat rate per meeting BiLingual Services International - $595.00 per interpreter (2 required) Medrano Interpreting - $1000.00 per interpreter (2 required) Reliable Translations Inc. - $648.00 per interpreter (2 required) WHEREAS, the existing contract has expired; thus, it is requested that the City Manager e authorized to enter into a contract for a period of 12-months (i.e. July 1, 2022 through June 30, 2023); and
WHEREAS, All Star Interpreting Service (“All Star”) has been providing translation and interpreting service for over twenty-eight (28) years and is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language; and
WHEREAS, All Star will provide professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meetings; and WHEREAS, the contract with All Star will be for a term of one (1) year (July 1, 2022 through June 30, 2023) at a cost not to exceed Thirty Five Thousand Dollars ($35,000.00); and
WHEREAS, funds for this expenditure are available in Account No. 1001-470-000- 4262 of the 2022-2023 Fiscal Year Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE:
Section 1.That the City Manager, upon the advice and approval of the City Attorney is authorized to enter into a twelve (12) month (i.e. July 1, 2022 through June 30, 2023) agreement with All Star Interpreting Service to provide “as-needed” professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Resolution No. ______________
Community Development Commission and Successor Agency), including regular, special and emergency meetings and translation for the City’s cable telecast of the aforementioned meetings in an amount not-to-exceed $35,000.00.
Section 2.That a purchase order in the amount of Thirty Five Thousand Dollars ($35,000.00) is authorized to be established for All Star Interpreting Service.
Section 3.That funds for this expenditure are available in the 2022-2023 Fiscal Year budget in Account No. 1001 470 000 4262.
Section 4.That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Clerk, City Controller, and City Attorney.
Section 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ______ day of ___________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ______ day of _______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
INTERPRETATION AND TRANSLATION SERVICES AGREEMENT
BETWEEN
THE CITY OF COMPTON
AND
ALL STAR INTERPRETING SERVICE
This AGREEMENT is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ALL STAR INTERPRETING SERVICE (hereinafter referred to as “ALL STAR”), located at 1925 Vassar Avenue, Glendale, California 91204.
RECITALS:
WHEREAS, the City Council conducts much of the City’s business during its weekly public and televised meetings in the English language; and
WHEREAS, a substantial portion of the City’s population is Spanish speaking; and WHEREAS, the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings; and WHEREAS, All Star warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No. ________, adopted on the _____ day of _________, 2022, the City Council authorized the City Manager to enter into an agreement with All Star to provide interpretation and translation services to the City; and WHEREAS, All Star is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, All Star and City, for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1.Services to be rendered by All Star.It is the mutual understanding of the parties that the All Star shall perform and be responsible for providing professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meeting. All Star shall be available for performance of services at the aforementioned public meetings of the City’s legislative bodies commencing at 5:30 p.m. on any Tuesday that a meeting(s) is scheduled, unless directed otherwise by the City Clerk’s Office. For special and emergency meetings of the aforementioned legislative bodies, All Star shall be available upon twenty-four (24) hours advance notice of the date and time.
All Star acknowledges that in entering into this Agreement the City is relying on All Star's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, All Star agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
2 members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
All Star services hereunder shall be performed in good, workmanlike and professional manner. All Star shall be responsible for correcting and completing all errors and omissions related to the services provided by the All Star for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the All Star to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release All Star from these obligations.
All Star will be responsible for employing or engaging all persons necessary to perform the services. All of All Star's staff will be qualified by training and experience to perform their assigned tasks. All Star will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractor, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of All Star fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services.
Acceptance by City of the work performed under this Agreement does not operate as a release of said All Star from such professional responsibility for the services performed.
2. Duration of Contract.The term of this Agreement shall be for the period of July 1, 2022 through June 30, 2023, unless this Agreement is terminated as provided herein.
3. Compensation.The method of payment for this Contract will be on a flat fee- for-services basis. Interpreter labor shall be assumed to be for a full day event at a cost of Seven Hundred Dollars ($750.00). The total price paid All Star will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the All Star, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the All Star and the City.
Adjustment in the total compensation will not be effective until authorized and approved by written contract amendment.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the All Star. If All Star fails to submit the required deliverable items according to schedule, unless the failure is through no fault of the All Star or the schedule is altered/extended by the City, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
All Star shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the All Star is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be mailed or delivered to the City Clerk at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
All Star is required to comply with all federal, state and local laws and ordinances applicable to the work.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
3 All Star understand and agree that the maximum compensation authorized for the services to be performed pursuant to this Agreement is limited to a not-to-exceed sum of Thirty Five Thousand Dollars ($35,000.00).
In the event of termination, the All Star shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the All Star’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.All Star agrees that all of its electronic and hardcopy reports, documents, disc, diskettes and other materials and work product created or assembled by it in the course of performing the services (“Work Product”) hereunder are works for hire for the benefit of the City and as such is the sole property of the City. To the extent that such materials and work product do not constitute work for hire, in consideration of the payments and other covenants of the City, as set forth or called for herein, All Star hereby sells, transfers, conveys and assigns any and all of its rights therein to the City. In the event this Agreement is terminated, all Work Product produced by All Star or its agents, employees and subcontractor pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to All Star; provided, however, that if this Agreement is terminated for any reason prior to expiration of this Agreement and if under such circumstances City uses, or engages the services of and directs another All Star to use, the Work Product, City agrees to hold All Star harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of All Star, or anyone for whose acts it is responsible, in preparation of the Work Product. All Star will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others.
5. Independent Contractor Status.All Star, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “All Star”), will perform the services in All Star's own way and pursuant to this Agreement as an independent contractor and in pursuit of All Star's independent calling, and not as an employee of City. The persons used by All Star to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the All Star, except as expressly set forth in this Agreement. All Star expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that All Star shall not at any time or in any manner, represent that All Star is in any manner officers, employees, agents or volunteers of the City. All Star shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. All Star expressly waives any claim to such rights.
The payment made to All Star pursuant to the Agreement will be the full and complete compensation to which All Star is entitled. City will not make any federal or state tax withholdings on behalf of All Star or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of All Star or its employees or subcontractors. All Star agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of All Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
4 Star or any agent, employee, or contractor of All Star for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to All Star.
6. Successors, Assignment and Delegation.City and the All Star each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of All Star are material considerations for this Agreement.
All Star shall not assign or transfer any interest in this Agreement or the performance of any of All Star’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of All Star’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the All Star agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. All Star will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The All Star agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.
In the event of the All Star’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.All Star's services are unique and personal. Except as may be agreed to by the City, All Star will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If All Star subcontracts any of the services, All Star will be fully responsible to City for the acts, errors and omissions of All Star's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as All Star is for the acts and omissions of persons directly employed by All Star. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of All Star and City. All Star will be responsible for payment of subcontractors. All Star will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to All Star's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Contractors.The City reserves the right to employ other contractors in connection with the services.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
5 10. Indemnification.All Star shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the All Star, its officers, employees, subcontractor, subcontractors or agents in the performance of the duties undertaken by All Star pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the All Star’s indemnification of the City, All Star shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by All Star or All Star’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the All Star to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. All Star will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on All Star's indemnification obligations under this Agreement.
City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by All Star pursuant to this Agreement are adequate to protect All Star. The coverage will contain no special limitations on the scope of its protection to the below-indicated insureds except for Workers Compensation. All Star will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If All Star believes that any required insurance coverage is inadequate, All Star will obtain such additional insurance coverage, as All Star deems adequate, at All Star's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if All Star has no employees and provides, to City's satisfaction, a declaration stating this.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
6 Endorsements. For Commercial General Liability Insurance, All Star will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of All Star. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, All Star will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses.All Star, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the All Star. Upon execution of this Agreement, the All Star shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. All Star will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. All Star will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. All Star will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.All Star represents and warrants (i) that All Star has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with All Star’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that All Star will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that All Star has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. All Star will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by All Star, or in any way affect the performance of the services by All Star. All Star will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.
16. Termination.In the event of the All Star's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying All Star in writing. All Star has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that All Star has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by All Star, whether located at the project site, at All Star's place of business, or at the offices of a subcontractor.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
7 The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering ten (10) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, All Star will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. All Star will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. Covenants Against Contingent Fees. All Star warrants that All Star has not employed or retained any company or person, other than a bona fide employee working for All Star, to solicit or secure this Agreement, and that All Star has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
18. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
19. Testimony.All Star will testify at City's request if litigation is brought against City in connection with All Star's services under this agreement. Unless the action is brought by All Star, or is based upon All Star's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with All Star will compensate All Star for time spent in preparation for testimony, testimony, and travel at All Star's standard hourly rates at the time of actual testimony.
20. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
21. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of All Star each represent and warrant that they have the legal power, right and actual authority to bind All Star to the terms and conditions of this Agreement.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
8 22. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
23. Amendments.This Agreement may be modified or amended only be written document executed by both All Star and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
24. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by All Star in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the All Star will not make any of these documents or information available to any individual or organization not employed by the All Star or the City without the written consent of the City before any such release.
25. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
26. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
To Provider: All Star Interpreting Service
1925 Vassar Avenue
Glendale, California 91204
Attn: Juan Carlos Morales, President & CEO
(213) 400-9225
(213) 400-0925 – Direct
(818) 547-0562 – fax
[email protected]
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Clerk
(310) 605-5530
(310) 639-4685 – fax
Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2022-2023
Resolution No. ________
9 In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
27. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, ALL STAR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
ALL STAR INTERPRETING SERVICES
Dated: __________________ By ____________________________________ Juan Carlos Morales, President & CEO
CITY OF COMPTON
Approved by:
Dated: _______________ By ____________________________________ Thomas Thomas, City Manager
Approved as to form:
By _______________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:
Dated: _______________ By ___________________________________ Alita Godwin, City Clerk
BiLingual Services International
All Language Assistance Network
ESTIMATE FOR INTERPRETING SERVICES
Prepared for:Anita Godwin, MMC
City Clerk, City of Compton
205 S. Willowbrook Avenue
Compton, CA 90220
Phone: 310. 605. 5530 Email: [email protected] Services requested: Spanish language interpreting services for City Council meetings Location, date, and time: TBD
In Person Fees:
Half-day session (up to 3 hours) $ 595.00 (per interpreter) Each additional hour or fraction thereof $ 195.00 (per interpreter) Headsets: $ 8.95 (per headset, if requested) Two interpreters required if meeting is scheduled for more than 2.0 hours Teleconference by Zoom Fees: $ 495.00 (per interpreter) Half-day session (up to 3 hours) $ 165.00 (per interpreter) Two interpreters required if meeting is scheduled for more than 2.0 hours Rush Fee: 25% ADDITIONAL IF LESS THAN 4 (FOUR) BUSINESS DAYS NOTICE IS PROVIDED.
Mileage: If applicable.
Parking: Reimbursement if validation is not available.
Cancellation and Re-scheduling Policy: Less than 4 (four) business days notice is subject to the minimum session rate quoted above.
Billing Policy:
50% deposit required at booking, and balance due upon receipt of invoice. VISA/ MASTERCARD accepted for payment of the 50% deposit and/or balance due.
When paying by credit card, please fill out section below.
Amount: $ Name on Card:_______________________________ Expiration Date: Account Number:____________________ ___ CVV#: Address:____________________Zip code:__________ __ We take this opportunity to thank you for allowing us to be of service. Should this estimate for services meets with your approval, please indicate agreement by signing below. Please feel free to email our office at [email protected] if we can be of further assistance.
Client's Signature Date
H. M. Torres-Comas
BiLingual Services International Representative Date EXCELLENCE IN SERVICE
SINCE1980
[email protected] www.bilingualservicesinternational.com
REQUEST FOR QUOTE
The City of Compton, City Clerk’s Office is seeking quotes for Professional Services for Spanish translation of the City’s Legislative Bodies Meetings and translation of audience comments when requested.
The City Council meet every Tuesday of the month, with the exception of the 5 th Tuesday and the month of August. Meetings can last up to six (6) hours or as short as three (3) hours. You will be required to attend each meeting.
The Legislative Bodies consist of Public Finance Authority, Urban Community Development Commission, Successor Agency and the City Council. With the exception of the City Council meeting, the other meetings are held on an as needed basis.
You will be required to translate the English spoken word to Spanish.
Please submit your quote per meeting or per meeting day by July 7, 2022 to:
Alita Godwin, City Clerk
Spanish Translation Quote
205 S. Willowbrook Avenue
Compton, Ca 90220
or
via email at
[email protected]
July 26, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO ADJUST SEASONAL, HOURLY AND
MISCELLANEOUS CLASSIFICATIONS WAGES AS A RESULT
OF THE INCREASE TO THE 2019, 2020, 2021 AND 2022 STATE
OF CALIFORNIA MINIMUM WAGE
SUMMARY
Adoption of the attached resolution will amend the Compensation Plan to adjust the wages for Seasonal, Hourly and Miscellaneous classifications as a result of the 2017 increase to the State of California minimum wage to Fourteen Dollars ($14.00) per hour.
Effective January 1, 2022, the Compensation plan will be amended to adjust the wages for Seasonal, Hourly and Miscellaneous classifications as a result of the 2022 increase to the State of California minimum wage to Fifteen Dollars ($15.00) per hour.
BACKGROUND
On January 1, 2017, the State of California began a gradual increase to the minimum wage and will continue to increase each year until it reaches $15.00 per hour for employers with 26 or more employees. Effective January 1, 2019 the minimum wage increased to $12.00 an hour from $11.00 an hour. Effective January 1, 2020, the minimum wage increased to $13.00 per hour from $12.00 per hour. Effective January 1, 2021, the minimum wage increased to $14.00 per hour from $13.00 per hour. Effective January 1, 2022, the minimum wage will increase to $15.00 per hour from $14.00 per hour. The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements.
STATEMENT OF ISSUE
There are several Seasonal, Hourly and Miscellaneous classifications that will be impacted by this increase. It is mandatory for these wages to be adjusted in order to maintain compliance with state law. The classifications affected by the current minimum wage law have been adjusted as identified in Exhibits A-F, which is attached hereto by reference.
5.5.5. FISCAL IMPACT
The increase of the 2021 and 2022 minimum wage shall have a minimal impact to the City’s Compensation Plan and Fiscal Year 2022-2023 General Fund.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution to increase the hourly wages for Seasonal, Hourly and Miscellaneous classifications impacted by the 2017 minimum wage law. Effective January 1, 2021, wages of the affected classifications should be increased to the next highest salary step that is equal to or higher than $14.00 per hour. Effective January 1, 2022, wages of the affected classifications should be increased to the next highest salary step that is equal to or higher than $15.00 per hour as identified in (Exhibits A-F.)
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
TO ADJUST SEASONAL, HOURLY AND MISCELLANEOUS
CLASSIFICATIONS WAGES AS A RESULT OF THE INCREASE TO THE 2019, 2020, 2021 and 2022 STATE OF CALIFORNIA MINIMUM WAGE WHEREAS, effective January 1, 2019, the State of California minimum wage increased to $12.00 per hour from $11.00 per hour; and
WHEREAS, effective January 1, 2020, the State of California minimum wage increased to $13.00 per hour from $12.00 per hour; and
WHEREAS, effective January 1, 2021, the State of California minimum wage increased to $14.00 per hour from $13.00 per hour; and
WHEREAS, effective January 1, 2022, the State of California minimum wage increased to $15.00 per hour from $14.00 per hour; and
WHEREAS, the minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements; and WHEREAS, there are several Seasonal, Hourly or Miscellaneous classifications that are impacted by the minimum wage increase and; thus, the wages need to be adjusted in order to maintain compliance with state law; and WHEREAS, the increase in the minimum wage shall have a minimal impact on the City’s Compensation Plan and Fiscal Year 2022-2023 General Fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That effective January 1, 2019, the wages for Seasonal, Hourly or Miscellaneous classifications affected by the 2017 minimum wage law is adjusted to equal to or above $12.00 per hour.
Section 2. That effective January 1, 2020, the wages for Seasonal, Hourly or Miscellaneous classifications affected by the 2017 minimum wage law is adjusted to equal to or above $13.00 per hour.
Section 3. That effective January 1, 2021, the wages for Seasonal, Hourly or Miscellaneous classifications affected by the 2017 minimum wage law is adjusted to equal to or above $14.00 per hour.
Section 4. That effective January 1, 2022, the wages for Seasonal, Hourly or Miscellaneous classifications affected by the 2017 minimum wage law is adjusted to equal or above $15.00 per hour.
Section 5. That the wage adjustments for the Seasonal, Hourly or Miscellaneous classifications impacted by the 2017 minimum wage are hereby approved as attached hereto as Exhibits A through F.
Section 6. That a duly certified copy of this Resolution shall be delivered to the Offices of Human Resources, the City Manager, City Controller and City Clerk.
Section 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. ___________
ADOPTED this _______ day of ___________________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof, held on the ______ day of _________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING AN AMENDMENT TO THE SALARY
PLAN FOR THE CLASSIFICATION OF WATER DEPARTMENT
GENERAL MANAGER CORRECTING THE SALARY RANGE
FROM 192 TO 220
SUMMARY
The City Council will consider a resolution amending the Salary Plan to correct the Salary Range for the Water Department General Manager.
BACKGROUND
Pursuant to Resolution 23,359, adopted by the City Council on July 19, 2011, the Water General Manager salary range was set at 208, Per Resolution 23,684, Water General Manager position was deleted from the classification plan and Deputy Director of Public Works and Municipal Utilities was added to address staffing and workflow issues at that time.
On August 8, 2016, the City and representatives of the Compton Management Employees Association, Local 2325 met, conferred, and agreed to reinstate the Water General Manager position in the Classification Plan.
On September 13, 2016, Resolution 24,430 was executed reinstating the Water General Manager. However, this classification was not included in the salary schedule nor was it updated from salary range 186 to the correct range which was 214 at that time.
On September 22, 2020, Resolution 25,353 was executed reinstating the Water General Manager. However, the salary was incorrectly set at Salary Range 192.
STATEMENT OF THE ISSUE
The City and representatives of the Compton Management Employees Association, Local 2325 met, conferred, and agreed to increase the salary ranges for all of the Classifications they represent back in 2018-2019, by 3% effective July 1, 2017 and another 3% effective July 1, 2018, the correct salary range as of July 2021 should be 220.
6.6. Staff Report Water Department General Manager
Page Two
FISCAL IMPACT
Funds for the Water Department General Manager’s adjusted salary range will be allocated from the Water Department’s fund balance. Furthermore, the effective date of the proposed salary range adjustment is July 1, 2021. Therefore, funds to cover the salary range adjustment for Fiscal Year 2021-2022, will also be allocated from the Water Department’s fund balance.
Account No. Description Amount
5000-000-000-2710 Fund Balance $77,664
Increase Expenditures in the following Account:
Account No. Description Amount
5000-900-000-4101 Salaries-Permanent $77,664
The total amount encompasses the salary range adjustment for both Fiscal Years (2021-2022 and 2022-2023), which averages $38,832 annually.
RECOMMENDATION
It is recommended that the proposed resolution adjusting the Water Department General Manager’s Salary Range as listed below be adopted by the City Council.
That effective July 1, 2021 the City of Compton Salary Plan shall be amended by correcting the Water General Manager salary range as follows:
From: Range 192 - $8,582.00 - $10,065.00 monthly
$102,984.00 - $120,780.00 annually
To: Range 220 - $11,343.00 - $13,301.00 monthly
$136,116.00 - $159,612.00 annually
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO._______________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING AN AMENDMENT TO THE SALARY
PLAN FOR THE CLASSIFICATION OF WATER DEPARTMENT
GENERAL MANAGER CORRECTING THE SALARY RANGE FROM
192 TO 220
WHEREAS, Per Resolution 23,359, adopted by the City Council on July 19, 2011, the Water General Manager salary range was set at 208, Per Resolution 23,684, Water General Manager position was deleted from the classification plan and Deputy Director of Public Works and Municipal Utilities was added to address staffing and workflow issues at that time; and WHEREAS, On August 8, 2016, the City and representatives of the Compton Management Employees Association, Local 2325 met, conferred, and agreed to reinstate the Water General Manager position in the Classification Plan; and
WHEREAS, On September 13, 2016, Resolution 24,430 was executed reinstating the Water General Manager. However, this classification was not included in the salary schedule nor was it updated from salary range 186 to the correct range which was 214 at that time; and
WHEREAS, On September 22, 2020, Resolution 25,353 was executed reinstating the Water General Manager. However, the salary was incorrectly set at Salary Range 192; and
WHEREAS, as a result of the Contract Negotiations with the City and representatives of the Compton Management Employees Association, Local 2325 met, conferred, and agreed to increase the salary ranges for all of the Classifications they represent, by 3% effective July 1, 2017 and another 3% effective July 1, 2018, the correct salary range as of July 2021 should be 220; WHEREAS, funds for the Water Department General Manager’s adjusted salary range will be allocated from the Water Department’s fund balance. Furthermore, the effective date of the proposed salary range adjustment is July 1, 2021. Therefore, funds to cover the salary range adjustment for Fiscal Year 2021-2022, will also be allocated from the Water Department’s fund balance.
Account No. Description Amount
5000-000-000-2710 Fund Balance $77,664
Increase Expenditures in the following Account:
Account No. Description Amount
5000-900-000-4101 Salaries-Permanent $77,664
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That effective July 1, 2021 the City of Compton Salary Plan shall be amended by correcting the Water General Manager salary range as follows:
Resolution No. ______________
Page Two
From:
Range 192 - $8,582.00 - $10,065.00 monthly
$102,984.00 - $120,780.00 annually
To:
Range 220 - $11,343.00 - $13,301.00 monthly
$136,116.00 - $159,612.00 annually
Section 2.That a duly certified copy of this Resolution shall be delivered to the Office of the City Manager, Office of the City Controller and the Department of Human Resources.
Section 3.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _____________ day of ___________________, 2022. _______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the mayor and attested by the City Clerk at a regular meeting thereof, held on the _________day of __________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
July 26, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING CURB MARKING POLICIES AND PROCEDURES FOR RED,
GREEN, YELLOW AND WHITE CURBS IN THE CITY OF COMPTON
SUMMARY
Adoption of this resolution will adopt the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton.
BACKGROUND
Curb markings, which are most often used to indicate parking restrictions, are regulated by the California Vehicle Code, the California Manual on Uniform Traffic Controls Devices and the City of Compton’s Municipal Code (Section 12-3).
The City of Compton Municipal Code has identified five curb markings, representing different types of parking restrictions as follows:
Red No Stopping/Parking Any Time Zone
Green Time-Limited Parking Zone
Yellow Commercial Loading Zone
White Passenger Loading Zone
Blue Accessible Parking for Disabled Persons (separate policy) The policies and procedures for red, green, yellow and white curb markings were developed to meet the needs of the community while following standard practices for the installation of curb markings.
It is the responsibility of the Public Works Department to maintain all infrastructure in the public right-of-way. This includes the installation and maintenance of curb markings in the City. The City’s Traffic Authority or designated representative is authorized to determine and mark these painted curbs in accordance with the City of Compton’s Municipal Code.
For determining on-street parking, the City Engineer is the Traffic Authority’s designated representative.
POLICY
The objective of this policy is to identify the procedures and approval criteria associated with the installation of curb markings. The evaluation of all curb markings shall be
7.7.7.7. Staff Report – Curb Marking Policies and Procedures Policies and Procedures for Red, Green, Yellow, and White Curbs July 26, 2022, page 2 of 6
performed by the City Engineer to ensure the installation is in accordance with the engineering standards and the City’s Municipal Code.
Curb markings installed without the approval of the City Engineer will not be permitted.
These installation will be removed by the Public Works Department and the cost of the removal will be charged to the responsible party.
Curb Marking Designations
Each type of curb marking and the related parking restrictions are described below.
Red Curb – No Stopping/No Parking Any Time Zone
A red curb represents a no-stopping/no-standing/no-parking any time zone, where neither parking, standing nor stopping is allowed at any time. Red indicates no stopping, no standing, or no parking at any time whether the vehicle is attended or unattended; except that a bus may stop in a red zone marked or signed as a bus zone. No-stopping/no- standing/no-parking zones can be installed in any area of the City where the presence of vehicles stopped, standing or parked at the curb creates an unsafe situation for vehicular, pedestrian and/or bicycle traffic.
A red curb is usually installed adjacent to corners of an intersection of public roads to maintain safe and efficient vehicular maneuverability and/or sight distance, where streets may be too narrow for a vehicle to safely pass. A red curb may also be installed adjacent to crosswalks to provide adequate visibility of pedestrians in the crosswalk. If the space between two driveways is too small to accommodate a passenger vehicle, a red curb may be installed to prevent parked vehicles from blocking the driveways. These locations are considered critical Red Zones, where parking restrictions are necessary to maintain a safe roadway and traffic conditions as determined by the City Engineer.
A red curb can also include areas within 15 feet of fire hydrants, however, since this area is already regulated by the California Vehicle Code (CVC) Section 22514 there is not usually a need for it to be marked as a red curb.
Private Driveway Clearance
The installation of a red curb adjacent to a driveway is used to discourage vehicles from parking too close and blocking driveways and to increase visibility and access in and out of the driveways. At the request of the fronting property owner/resident, a red curb may be installed on either side of a driveway to keep parked vehicles at a sufficient distance away from the driveway edges to facilitate access into and out of the driveway. Parking restrictions of a red curb adjacent to driveways are enforceable just as any other no- parking zone in the City. Any vehicle, including that of the property owner/resident, can be cited for parking in the red zone.
Staff Report – Curb Marking Policies and Procedures
Policies and Procedures for Red, Green, Yellow, and White Curbs July 26, 2022, page 3 of 6
Typically, a residential driveway clearance consists of three to five feet of red paint on either side of a driveway. If the requested red curb extends towards a neighbor’s driveway then an authorization letter is required from the adjacent neighbor. In evaluating each red curb request, the City must balance the issue of maintaining access in and out of the driveway while providing sufficient curb space for on-street parking. In a situation where the red curb installation results in an insufficient length to park a vehicle, then the City may install an additional red curb. There are limited situations where the length of the red curb can be adjusted on a case-by-case basis.
For a red curb requests adjacent to a multi-unit residence or business and/or commercial driveways, the property owner/manager or representative is required to submit an authorization letter stating they are in accordance with the red curb request.
Green Curb – Time-Limited Parking Zone
A green curb represents parking limited to a short period of time. Time-limited parking zones are areas where the length of time a vehicle can remain parked in a particular space is limited to a specific duration and are typically installed in commercial areas. A green curb is often installed where unrestricted curb space in front of a particular business is used for long-term parking during most of the day limiting access to the business. A green curb is intended to create parking turnover and prevent motorists from monopolizing on-street parking for an extended time. Green zones are open to all members of the public.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, a green curb means no standing or parking for longer than 20 minutes at a time from 7:00 am to 6:00 pm any day except Sunday.
The City of Compton does not reserve on-street parking for individuals. A green curb does not constitute “personal reserved parking,” and is available for all vehicles during the specified time limit as designated by signs and curb markings.
Green zones are designated by painting the curb green, with the time limit either stenciled onto the green curb in white letters and/or shown on signs.
Yellow Curb – Commercial Loading Zone
A yellow curb designates parking areas that allow for temporary parking for the sole purpose of loading and unloading freight and/or passengers. Loading zones may be established where the City Engineer has determined the lack of a loading zone would create a safety hazard for the traveling public and no practical alternative exists. Loading zones are typically placed in commercial areas near the entrance to a business with high loading demand or in front of a place used for the purpose of public assembly.
Staff Report – Curb Marking Policies and Procedures
Policies and Procedures for Red, Green, Yellow, and White Curbs July 26, 2022, page 4 of 6
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, yellow zone loading or unloading activities are limited to 20 minutes for materials to/from commercial vehicles and the delivery of United States mail, and 3 minutes for passengers. Loading zones are in force from 7:00 am to 6:00 pm of any day except Sunday.
The City’s Municipal Code also authorizes the Traffic Authority to determine and mark loading zones and passenger loading zones at any place in the Central Traffic District or any business district, and elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. In no event shall more than ½ of the total curb length in any block be reserved for loading zone purposes exclusive of the passenger loading zones at the entrance to public theaters.
The City of Compton does not reserve on-street parking for individuals. Yellow zones do not constitute “personal reserved parking,” and are available for all commercial vehicles or motor trucks for loading and unloading of materials, goods, or merchandise, and for passenger loading.
On-street yellow zones are designated by painting the curb yellow with the time limit either stenciled onto the yellow curb in black letters.
White Curb – Passenger Loading Zone
White curb designates areas where only passenger loading activities are permitted. White means no stopping, standing, or parking for any purpose other than loading or unloading of passengers, which shall not exceed three minutes. White Zones are typically found in commercial areas, near schools, senior care facilities, senior housing, hospitals, restaurants, hotels, apartment buildings, theaters, churches, and other large places of assembly. White zones can be installed in areas where it is desirable to permanently reserve curb-space to facilitate passenger loading.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.3, White zone loading activities are limited to 3 minutes and the restriction is in force between 7:00 am and 6 pm of any day except Sunday, and except as follows:
When such zone is in front of a hotel the restrictions shall apply at all times. When such zone is in front of a theater the restrictions shall apply at all times except when the theater is closed.
The City of Compton does not reserve on-street parking for individuals. White zones do not constitute “personal reserved parking,” and are available for loading and unloading only of passengers or for depositing mail in an adjacent mailbox. On-street white zones are designated by painting the curb white, with the time limit stenciled onto the white curb in black letters.
Staff Report – Curb Marking Policies and Procedures
Policies and Procedures for Red, Green, Yellow, and White Curbs July 26, 2022, page 5 of 6
Processing Fee
When a request for a curb marking is approved, a one-time processing fee in the amount shown on the application form, may be collected to cover field investigation, installation, maintenance and removal costs.
PROCEDURE FOR THE INSTALLATION OF MARKED CURBS
All requests for marked curbs shall be submitted to the City of Compton for consideration, using the City’s Application for: Curb Marking (Red, Green, Yellow and White) form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by the City Engineer for approval. In evaluating the request, the City Engineer will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use. In particular, the evaluation will include a field review, consideration of the applicant’s needs, any impact on adjacent businesses or properties, consideration of the public’s needs, the feasibility of the request, and if indicated, the consideration of other possible measures to address the applicant’s concerns.
The City Engineer will notify the applicant whether or not the request has been approved. If approved:
oA one-time processing fee, in the amount noted on the application, may be collected.
oThe City will install the requested parking zone.
If denied, the applicant will be informed which criterion/criteria was not met. The applicant may re-apply if the missing criterion/criteria is provided.
A report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council.
STATEMENT OF ISSUE
The City Council of the City of Compton recognizes the desirability to establish updated policies and procedures by which the adoption of this resolution will adopt the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton. Therefore, in order to implement the new policies and procedures, City Council authorization is necessary.
Staff Report – Curb Marking Policies and Procedures
Policies and Procedures for Red, Green, Yellow, and White Curbs July 26, 2022, page 6 of 6
FISCAL IMPACT
There is no fiscal impact with the adoption of the policies and procedures for the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED AS TO FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING CURB MARKING POLICIES AND PROCEDURES FOR RED,
GREEN, YELLOW AND WHITE CURBS IN THE CITY OF COMPTON
WHEREAS,adoption of this resolution will adopt the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton; and WHEREAS,curb markings, which are most often used to indicate parking restrictions, are regulated by the California Vehicle Code, the California Manual on Uniform Traffic Controls Devices and the City of Compton’s Municipal Code (Section 12- 3); and
WHEREAS,the City of Compton Municipal Code has identified five curb markings, representing different type of parking restrictions as follows:
Red No Stopping/Parking Any Time Zone
Green Time-Limited Parking Zone
Yellow Commercial Loading Zone
White Passenger Loading Zone
Blue Accessible Parking for Disabled Persons (separate policy); and WHEREAS,the policies and procedures for red, green, yellow and white curb markings were developed to meet the needs of the community while following standard practices for the installation of curb markings; and
WHEREAS,it is the responsibility of the Public Works Department to maintain all infrastructure in the public right-of-way and this includes the installation and maintenance of curb markings in the City; and
WHEREAS,the City’s Traffic Authority or designated representative is authorized to determine and mark these painted curbs in accordance with the City of Compton’s Municipal Code and for determining on-street parking, the City Engineer is the Traffic Authority’s designated representative; and
WHEREAS,the objective of this policy is to identify the procedures and approval criteria associated with the installation of curb markings and the evaluation of all curb markings shall be performed by the City Engineer to ensure the installation is in accordance with the engineering standards and the City’s Municipal Code; and WHEREAS,curb markings installed without the approval of the City Engineer will not be permitted and the installation will be removed by the Public Works Department and the cost of the removal will be charged to the responsible party; and WHEREAS,each type of curb marking and the related parking restrictions are described below:
Red Curb – No Stopping/No Parking Any Time Zone
Red curb represents a no-stopping/no-standing/no-parking any time zone, where neither parking, standing nor stopping is allowed at any time. Red indicates no stopping, no standing, or no parking at any time whether the vehicle is attended or unattended; except that a bus may stop in a red zone marked or signed as a bus zone. No-stopping/no- standing/no-parking zones can be installed in any area of the City where the presence of vehicles stopped, standing or parked at the curb creates an unsafe situation for vehicular, pedestrian and/or bicycle traffic.
Resolution No. __________
Red curb is usually installed adjacent to corners of an intersection of public roads to maintain safe and efficient vehicular maneuverability and/or sight distance, where streets may be too narrow for a vehicle to safely pass. Red curb may also be installed adjacent to crosswalks to provide adequate visibility of pedestrians in the crosswalk. If the space between two driveways is too small to accommodate a passenger vehicle, red curb may be installed to prevent parked vehicles from blocking the driveways. These locations are considered critical Red Zones, where parking restrictions are necessary to maintain a safe roadway and traffic conditions as determined by the City Engineer.
Red curb can also include areas within 15 feet of fire hydrants, however, since this area is already regulated by the California Vehicle Code (CVC) Section 22514 there is not usually a need for it to be marked as a red curb.
Private Driveway Clearance
The installation of red curb adjacent to a driveway is used to discourage vehicles from parking too close and blocking driveways, and to increase visibility and access in and out of the driveways. At the request of the fronting property owner/resident, red curb may be installed on either side of a driveway to keep parked vehicles at a sufficient distance away from the driveway edges to facilitate access into and out of the driveway. Parking restrictions of red curb adjacent to driveways is enforceable, just as any other no-parking zone in the City. Any vehicle, including that of the property owner/resident, can be cited for parking in the red zone.
Typically, a residential driveway clearance consists of three to five feet of red paint on either side of a driveway. If the requested red curb extends towards a neighbor’s driveway then an authorization letter is required from the adjacent neighbor. In evaluating each red curb request, the City must balance the issue of maintaining access in and out of the driveway while providing sufficient curb space for on-street parking. In a situation where the red curb installation results in an insufficient length to park a vehicle, then the City may install additional red curb. There are limited situations where the length of red curb can be adjusted on a case-by-case basis.
For red curb requests adjacent to a multi-unit residence or business and/or commercial driveways, the property owner/manager or representative is required to submit an authorization letter stating they are in accordance with the red curb request.
Green Curb – Time-Limited Parking Zone
Green curb represents parking limited to a short period of time. Time-limited parking zones are areas where the length of time a vehicle can remain parked in a particular space is limited to a specific duration and are typically installed in commercial areas.
Green curb is often installed where unrestricted curb space in front of a particular business is used for long-term parking during most of the day, limiting access to the business. Green curb is intended to create parking turnover and prevent motorists from monopolizing on-street parking for an extended time. Green zones are open to all members of the public.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, green curb means no standing or parking for longer than 20 minutes at a time from 7:00 am to 6:00 pm, any day except Sunday.
Resolution No. __________
The City of Compton does not reserve on-street parking for individuals. Green curb does not constitute “personal reserved parking,” and, is available for all vehicles during the specified time limit as designated by signs and curb markings.
Green zones are designated by painting the curb green, with the time limit either stenciled onto the green curb in white letters and/or shown on signs.
Yellow Curb – Commercial Loading Zone
Yellow curb designates parking areas that allow for temporary parking for the sole purpose of loading and unloading freight and/or passengers. Loading zones may be established where the City Engineer has determined the lack of a loading zone would create a safety hazard for the traveling public and no practical alternative exists. Loading zones are typically placed in commercial areas near the entrance to a business with high loading demand or in front of a place used for the purpose of public assembly.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, yellow zone loading or unloading activities are limited to 20 minutes for materials to/from commercial vehicles and the delivery of United States mail, and 3 minutes for passengers. Loading zones are in force from 7:00 am to 6:00 pm of any day except Sunday.
The City’s Municipal Code also authorizes the Traffic Authority to determine and mark loading zones and passenger loading zones at any place in the Central Traffic District or any business district, and elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. In no event shall more than ½ of the total curb length in any block be reserved for loading zone purposes exclusive of the passenger loading zones at the entrance to public theaters.
The City of Compton does not reserve on-street parking for individuals. Yellow zones do not constitute “personal reserved parking,” and are available for all commercial vehicles or motor trucks for loading and unloading of materials, goods, or merchandise, and for passenger loading.
On-street yellow zones are designated by painting the curb yellow with the time limit either stenciled onto the yellow curb in black letters.
White Curb – Passenger Loading Zone
White curb designates areas where only passenger loading activities are permitted. White means no stopping, standing, or parking for any purpose other than loading or unloading of passengers, which shall not exceed three minutes. White Zones are typically found in commercial areas, near schools, senior care facilities, senior housing, hospitals, restaurants, hotels, apartment buildings, theaters, churches, and other large places of assembly. White zones can be installed in areas where it is desirable to permanently reserve curb-space to facilitate passenger loading.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.3, White zone loading activities are limited to 3 minutes and the restriction is in force between 7:00 am and 6 pm of any day except Sunday, and except as follows:
When such zone is in front of a hotel the restrictions shall apply at all times; When such zone is in front of a theater the restrictions shall apply at all times except when the theater is closed.
Resolution No. __________
The City of Compton does not reserve on-street parking for individuals. White zones do not constitute “personal reserved parking,” and are available for loading and unloading only of passengers or for depositing mail in an adjacent mailbox.
On-street white zones are designated by painting the curb white with the time limit stenciled onto the white curb in black letters.
Processing Fee
When a request for a curb marking is approved, a one-time processing fee, in the amount shown on the application form, may be collected to cover field investigation, installation, maintenance and removal costs.
PROCEDURE FOR THE INSTALLATION OF MARKED CURBS
All requests for marked curbs shall be submitted to the City of Compton for consideration, using the City’s Application for: Curb Marking (Red, Green, Yellow and White) form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by the City Engineer for approval. In evaluating the request, the City Engineer will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use. In particular, the evaluation will include a field review, consideration of the applicant’s needs, any impact on adjacent businesses or properties, consideration of the public’s needs, the feasibility of the request, and if indicated, the consideration of other possible measures to address the applicant’s concerns.
The City Engineer will notify the applicant whether or not the request has been approved. If approved:
oA one-time processing fee, in the amount noted on the application, may be collected.
oThe City will install the requested parking zone.
If denied, the applicant will be informed which criterion/criteria was not met. The applicant may re-apply if the missing criterion/criteria is provided; and WHEREAS,a report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council; and WHEREAS,the adoption of the policies and procedures for the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton has no fiscal impact; and
WHEREAS,the City Council of the City of Compton recognizes the desirability to establish updated policies and procedures by which the adoption of this resolution will adopt the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton; and
WHEREAS, in order to implement the new policies and procedures, City Council authorization is necessary.
Resolution No. __________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the Curb Marking Policies and Procedures for Red, Green, Yellow, and White Curbs in the City of Compton is hereby adopted.
SECTION 2.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Department.
SECTION 3.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ______ day of _______________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the _____ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
City of Compton
Curb Marking Policy and Procedures
for Red, Green, Yellow and White Curbs
Adopted by the City Council on ______________, 2022
DRAFT
City of Compton
Curb Marking Policy and Procedures
for Red, Green, Yellow and White Curbs
INTRODUCTION
Curb markings, which are most often used to indicate parking restrictions, are regulated by the California Vehicle Code, the California Manual on Uniform Traffic Controls and the City of Compton’s Municipal Code (Section 12-3).
The City of Compton Municipal Code has identified five curb markings, representing different types of parking restrictions, as follows:
1. Red – No Stopping/Parking Any Time Zone
2. Green – Time-Limited Parking Zone
3. Yellow – Commercial Loading Zone
4. White – Passenger Loading Zone
5. Blue – Accessible Parking for Disabled Persons (see separate policy) This policy and procedures, for red, green, yellow and white curb markings, were developed to meet the needs of the community while following standard practices for installation of curb markings. It is the responsibility of the Public Works Department to maintain all infrastructure in the public right-of-way. This includes the installation and maintenance of curb markings in the City. The City’s Traffic Authority or designated representative is authorized to determine and mark these painted curbs in accordance with the City of Compton’s Municipal Code. For determining on-street parking, the City Engineer is the Traffic Authority’s designated representative.
POLICY
The objective of this policy is to identify the procedures and approval criteria associated with the installation of curb markings. The evaluation of all curb markings shall be performed by the City Engineer to ensure the installation is in accordance with the engineering standards and the City’s Municipal Code. An excerpt from the City of Compton Municipal Code regarding parking prohibitions and curb markings is attached for reference.
Curb markings installed without approval of the City will not be permitted. These installations will be removed by the Public Works Department, and the cost of the removal will be charged to the responsible party.
City of Compton Curb Marking Policy
Curb Marking Designations
Each type of curb marking and the related parking restrictions are described below.
Red Curb – No Stopping/No Parking Any Time Zone
Red curb represents a no-stopping/no-standing/no-parking any time zone, where neither parking, standing nor stopping is allowed at any time. Red indicates no stopping, no standing, or no parking at any time whether the vehicle is attended or unattended; except that a bus may stop in a red zone marked or signed as a bus zone. No-stopping/no- standing/no-parking zones can be installed in any area of the City where the presence of vehicles stopped, standing or parked at the curb creates an unsafe situation for vehicular, pedestrian and/or bicycle traffic.
Red curb is usually installed adjacent to corners of an intersection of public roads to maintain safe and efficient vehicular maneuverability and/or sight distance, where streets may be too narrow for a vehicle to safely pass. Red curb may also be installed adjacent to crosswalks to provide adequate visibility of pedestrians in the crosswalk. If the space between two driveways is too small to accommodate a passenger vehicle, red curb may be installed to prevent parked vehicles from blocking the driveways. These locations are considered critical Red Zones, where parking restrictions are necessary to maintain a safe roadway and traffic conditions, as determined by the City Engineer.
Red curb can also include areas within 15 feet of fire hydrants, however, since this area is already regulated by the California Vehicle Code (CVC) Section 22514 there is not usually a need for it to be marked as a red curb.
Private Driveway Clearance
The installation of red curb adjacent to a driveway is used to discourage vehicles from parking too close and blocking driveways, and to increase visibility and access in and out of the driveways. At the request of the fronting property owner/resident, red curb may be installed on either side of a driveway to keep parked vehicles at a sufficient distance away from the driveway edges to facilitate access into and out of the driveway. Parking restrictions of red curb adjacent to driveways is enforceable, just as any other no-parking zone in the City. Any vehicle, including that of the property owner/resident, can be cited for parking in the red zone.
Typically, a residential driveway clearance consists of three to five feet of red paint on either side of a driveway. If the requested red curb extends towards a neighbor’s driveway then an authorization letter is required from the adjacent neighbor. In evaluating each red curb request, the City must balance the issue of maintaining access in and out of the driveway while providing sufficient curb space for on-street parking. In a situation where the red curb installation results in an insufficient length to park a vehicle, then the City City of Compton Curb Marking Policy
may install additional red curb. There are limited situations where the length of red curb can be adjusted on a case-by-case basis.
For red curb requests adjacent to a multi-unit residence or business and/or commercial driveways, the property owner/manager or representative is required to submit an authorization letter stating they are in accordance with the red curb request.
Green Curb – Time-Limited Parking Zone
Green curb represents parking limited to a short period of time. Time-limited parking zones are areas where the length of time a vehicle can remain parked in a particular space is limited to a specific duration and are typically installed in commercial areas.
Green curb is often installed where unrestricted curb space in front of a particular business is used for long-term parking during most of the day, limiting access to the business. Green curb is intended to create parking turnover and prevent motorists from monopolizing on-street parking for an extended time. Green zones are open to all members of the public.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, green curb means no standing or parking for longer than 20 minutes at a time from 7:00 AM to 6:00 PM, any day except Sunday.
The City of Compton does not reserve on-street parking for individuals. Green curb does not constitute “personal reserved parking,” and, is available for all vehicles during the specified time limit as designated by signs and curb markings.
Green zones are designated by painting the curb green, with the time limit either stenciled onto the green curb in white letters and/or shown on signs.
Yellow Curb – Commercial Loading Zone
Yellow curb designates parking areas that allow for temporary parking for the sole purpose of loading and unloading freight and/or passengers. Loading zones may be established where the City Engineer has determined the lack of a loading zone would create a safety hazard for the traveling public and no practical alternative exists. Loading zones are typically placed in commercial areas near the entrance to a business with high loading demand or in front of a place used for the purpose of public assembly.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.4, yellow zone loading or unloading activities are limited to 20 minutes for materials to/from commercial vehicles and the delivery of United States mail, and 3 minutes for passengers. Loading zones are in force from 7:00 AM to 6:00 PM of any day except Sunday.
The City’s Municipal Code also authorizes the Traffic Authority to determine and mark loading zones and passenger loading zones at any place in the Central Traffic District or City of Compton Curb Marking Policy
any business district, and elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. In no event shall more than ½ of the total curb length in any block be reserved for loading zone purposes exclusive of the passenger loading zones at the entrance to public theaters.
The City of Compton does not reserve on-street parking for individuals. Yellow zones do not constitute “personal reserved parking,” and, are available for all commercial vehicles or motor trucks for loading and unloading of materials, goods, or merchandise, and for passenger loading.
On-street yellow zones are designated by painting the curb yellow, with the time limit either stenciled onto the yellow curb in black letters.
White Curb – Passenger Loading Zone
White curb designates areas where only passenger loading activities are permitted. White means no stopping, standing, or parking for any purpose other than loading or unloading of passengers, which shall not exceed three minutes. White Zones are typically found in commercial areas, near schools, senior care facilities, senior housing, hospitals, restaurants, hotels, apartment buildings, theaters, churches, and other large places of assembly. White zones can be installed in areas where it is desirable to permanently reserve curb-space to facilitate passenger loading.
As defined in the City of Compton Municipal Code, Section 12-3.6.a.3, White zone loading activities are limited to 3 minutes the restriction is in force between 7:00 AM and 6 PM of any day except Sunday, and except as follows:
When such zone is in front of a hotel the restrictions shall apply at all times; When such zone is in front of a theater the restrictions shall apply at all times except when the theater is closed.
The City of Compton does not reserve on-street parking for individuals. White zones do not constitute “personal reserved parking,” and, are available for loading and unloading only of passengers or for depositing mail in an adjacent mailbox.
On-street white zones are designated by painting the curb white, with the time limit stenciled onto the white curb in black letters.
Processing Fee
When a request for a curb marking is approved, a one-time processing fee, in the amount shown on the application form, may be collected to cover field investigation, installation, maintenance and removal costs.
City of Compton Curb Marking Policy
PROCEDURE FOR THE INSTALLATION OF MARKED CURBS
All requests for marked curbs shall be submitted to the City of Compton for consideration, using the City’s Application for: Curb Marking (Red, Green, Yellow and White) form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by the City Engineer for approval. In evaluating the request, the City Engineer will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use. In particular, the evaluation will include a field review, consideration of the applicant’s needs, any impact on adjacent businesses or properties, consideration of the public’s needs, the feasibility of the request, and, if indicated, the consideration of other possible measures to address the applicant’s concerns.
The City Engineer will notify the applicant whether or not the request has been approved. If approved:
oA one-time processing fee, in the amount noted on the application, may be collected.
oThe City will install the requested parking zone.
If denied, the applicant will be informed which criterion/criteria was not met. The applicant may re-apply if the missing criterion/criteria is provided.
A report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council.
City of Compton
Public Works Department Engineering Department
Application for:
Curb Marking (Red, Green, Yellow & White) (DRAFT)
1. Applicant:
Contact Name:
Business Name (if applicable):
Address:
Zip Code: Daytime Phone Number:
Email Address:
Alternate Contact Name: Phone Number:
2. Request:
a. Check the type of curb marking you are requesting:
Red (No Stopping/Parking Any Time Zone) Green (Time-Limited Parking Zone) Yellow (Commercial Loading Zone) White (Passenger Loading Zone) b. If Green, provide the requested time-limit and days: _____________________________________________ c. Address or location:________________________________________________________________________ d. Length of Zone requested: ___________feet
3. Land Use Type & Parking Needs:
Single Family Home Condominium Multi-Family / Hotel Retail Restaurant General Office Medical Office Other:
Own (if Condominium, request must come from the homeowner’s association board) Renting/Leasing (if Renting or Leasing, Section 4 must be completed by landlord or property manager)
4. Parking Needs:
a. Business hours and days: __________________________________________________________________ b. Parking is currently available on property: Yes No c. Type(s) of available on-site parking: Garage Driveway Carport/Parking Lot d. Requested curb marking zone is completely within my property frontage Yes No If No, then Section 6 must be completed by adjacent resident/property owner where curb marking will also be installed. If more than one property, submit additional sheet(s) with Section 6, as needed. e. Briefly explain why you are requesting a curb marking to limit parking in front of your residence or business (attach supplemental sheet if necessary):
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City of Compton
Application for: On-Street Accessible Parking for Disabled Persons (Continued)
4. Parking Needs (continued):
f. For Time-Limited Parking Zones (green curb):
1. Estimated number of customers/visitors daily:_________________________________________________
2. Estimated times of greatest usage: _________________________________________________________ g. For Commercial Loading Zones (yellow curb):
1. Typical number of pickups/deliveries daily ___________________________________________________
2. Typical size and type of truck _____________________________________________________________
3. Estimated times of greatest usage: _________________________________________________________ h. For Passenger Loading Zones (white curb):
1. Estimated number of passenger drop-offs daily_______________________________________________
2. Estimated time of greatest usage __________________________________________________________
5. Landlord/Property Manager:
Name: Phone Number:
Address:
Email Address
I support this application and concur with the information applicant has indicated in Section 3 of this application.
Signature: Date:
6. Adjacent Property Owner:
Name: Phone Number:
Address:
Email Address
I support this application and concur with the installation of the described curb marking along my property frontage, as indicated in Section 2 of this application.
Signature: Date:
7. Agreement:
In submitting this application, I understand and agree to the following:
1. Completion of this application does not guarantee approval of the installation of a marked curb.
2. The approved installation of a green, yellow or white curb is not a parking space solely for the benefit of the requestor and is available for public use by any vehicle.
3. The City of Compton reserves the right to deny or remove any curb marking, according to policy guidelines or for public right-of-way purposes.
4. The City may inspect the applicant’s parking area(s) for the verification of information provided herein.
Applicant understands and agrees to provide access to the property upon request of City Staff.
5. Applicant shall notify the City’s Public Works Department, in writing, of any changes in the information provided on this application and if/when the space approved under this application is no longer needed.
I, ______________________________________________, hereby certify, under penalty of perjury, that the information provided herein is correct and agree to all items listed in Section 7 “Agreement” of this application.
Applicant’s Signature: _______________________________________ Date: ________________________ Please return completed application and attachments to:
City of Compton
Attention: Public Works Department, Engineering Division 205 S Willlowbrook Ave
Compton, CA 90220
Or email to: [email protected] For more information, call: (310) 605-5505 Office Use Only
Date Received: Approved, Date: Denied, Date:
If Denied, reason for denial:___________________________________________________________________ Y
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Y
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s
Y
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July 26, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON ADOPTING THE ACCESSIBLE PARKING FOR
DISABLED PERSONS (BLUE CURB) POLICY AND
PROCEDURES IN THE CITY OF COMPTON
SUMMARY
Adoption of this resolution will adopt the Accessible Parking for Disabled Persons (Blue Curb) Policy and Procedures in the City of Compton.
BACKGROUND
The purpose of an accessible parking zone for disabled persons is to provide designated parking at major points of assembly for the exclusive use of physically disabled persons whose vehicles display a valid license plate or placard as authorized by the California Vehicle Code. In certain circumstances, on-street accessible parking zone may also be provided adjacent to or near an individual residence or business.
Accessible parking is regulated by the Access Board, an independent federal agency that is responsible for developing accessibility guidelines. Accessibility related to public roadways is also regulated by the US Department of Transportation, the California Vehicle Code, and the California Manual on Uniform Traffic Control Devices (CAMUTCD). The City’s policy is in compliance with the applicable regulations of these agencies.
The City of Compton Municipal Code, Section 12-3.14, Subsections B & C authorize the Traffic Authority to determine the location of disabled parking at on- street locations and within publicly owned, leased or controlled parking facilities.
POLICY
This policy provides a procedure by which a Compton resident, business, or property owner (applicant) can apply for an on-street accessible parking space for disabled persons (blue zone) within the City of Compton.
On-street accessible parking spaces will only be considered when off-street parking is not available for an applicant or parking demands in the area prohibit
8.8.8.8. Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 2 of 7
the applicant from having the use of existing on-street parking near a residence, business or major point assembly.
In establishing accessible on-street parking facilities for the disabled, a reasonable determination shall be made that the facility will serve more than one disabled person and that the need is of an on-going nature (accessible parking spaces will not be installed on the basis of a temporary disabled persons placard). The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose, but are seldom used. Unjustified installation of such parking stalls unnecessarily reduces available on-street parking for the general public, increases the City's maintenance and operation costs, and detracts from the overall effectiveness of the disabled persons parking program.
Accessible parking spaces will not be installed at locations with a no parking or no stopping any time prohibition. The accessible parking zones are in force twenty- four hours a day, seven days a week, unless otherwise posted. All must comply with ADA requirements. The total number of accessible on-street parking spaces will be limited to no more than 1% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area.
Accessible parking spaces shall be provided within all publicly owned, leased or controlled off-street parking facilities as specified below. On-street accessible parking spaces will not be provided to residences with garages, driveways and/or carports. On-street accessible parking spaces will not be provided to businesses or facilities that do not provide the required off-street accessible parking. The total number of accessible off-street parking spaces to be provided within an off-street parking facility shall be measured on the basis of demonstrated need or as determined by the requirements of the Office of the State Architect, whichever is greater, and approved by the City’s Building Official.
Processing Fee
When a request for an on-street accessible parking space is approved, a one-time processing fee, in the amount shown on the application form, will be collected to cover field investigation, installation, maintenance and removal costs. The cost of installing accessible parking will be assumed by the City for all on-street spaces serving City-owned facilities and for City-owned off-street parking facilities. The cost of installing accessible parking either on-street or off-street, at all other facilities, will be assumed by the resident or proprietor of the facility.
Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 3 of 7
ELIGIBILITY CRITERIA
Evaluation by Land Use
There are three types of land uses that will be considered for accessible on-street parking, as follows:
Major Point of Assembly
Residential
Business
The definition of each land use, along with the criteria that must be met, is provided below.
Major Point of Assembly Eligibility Criteria:
1. The City, may upon request and recommendation by the City Engineer, provide a minimum of one on-street parking space for disabled persons at the following facilities:
a. Government buildings serving the public, such as administration building, public employment offices, post offices, public library, police stations, etc.
b. Hospitals and convalescent homes
c. Medical facilities and doctor’s offices, staffed by a minimum of five practitioners. Zone shall be located to serve the maximum number of facilities on one block.
d. Community service facilities, such as senior citizen service centers, etc.
e. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons.
f. Employment offices or major enterprises employing more than two hundred persons.
g. Public recreational facilities, including municipal swimming pools, recreation halls, etc.
h. Public theaters, museums, auditoriums, meeting halls, arenas and stadiums.
i. Other places of assembly, such as schools and churches. j. All non-residential land uses with an aggregate of more than 50,000 square feet of usable floor space. Zones shall be located to serve the maximum number of facilities on one block.
2. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City requirements regarding Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 4 of 7
the number of on-site accessible parking spaces and why the requested parking space cannot be installed on-site.
3. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the building and the obstruction-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk as determined by the Public Works Department.
Residential Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of- way, especially in residential areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. Applicant (or guardian) must be in possession of a valid license plate or placard for “disabled persons” or “disabled veterans.”
2. The proposed accessible parking space must be in front of the applicant (or guardian’s) place of residence.
3. The applicant (or guardian) must provide at least one form of proof of residency at the subject address (i.e. current utility bill, State or Federal issued picture identification, or rental agreement). In addition, the applicant must be prepared to show proof of identity with a State-issued picture identification.
4. Residences with garages, carports and/or driveways are not eligible for an on-street accessible parking space.
5. On the application, the applicant (or guardian) must state why an on-street accessible parking space is being requested.
6. For residences not owned by the applicant (or guardian) the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the residence.
7. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the residence and the obstacle-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk as determined by the Public Works Department.
8. To ensure continued eligibility, the applicant must submit to the City a copy of the disabled persons license or placard renewal provided by the State every two years.
Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 5 of 7
Business Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of- way, especially in business areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. All non-residential land uses with usable floor space of 50,000 square feet or less and that are not noted as a major point of assembly will be defined as commercial and/or office buildings. This category also includes assisted living facilities and senior apartments. The applicant must provide proof of business ownership or property ownership of the subject address.
2. For businesses located in a building or on property not owned by the applicant, the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the business.
3. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City and State requirements regarding the number of on-site accessible parking spaces and state why the requested parking space cannot be installed on-site.
4. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the business and the obstacle-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk as determined by the Public Works Department.
Evaluation of Location:
City staff will also consider the following when evaluating an application for accessible on-street parking. To qualify for an accessible on-street parking space, the proposed location must meet all of the following requirements:
1. The requested on-street space is immediately adjacent to an ADA compliant ramp or a compliant driveway approach with a clear path of travel.
2. The requested on-street parking space is located so that the disabled person is not required to wheel or walk behind or in front of a parked vehicle other than their own. The curb lane or street is wide enough that the disabled person is not required to wheel or walk in traffic.
3. There are no obstructions on the sidewalk adjacent to and for the full length of the parking space.
Note: If the requested on-street space is not located in close proximity to an ADA compliant curb ramp or driveway approach for access to the sidewalk or walkway, the accessible space may need to be provided in a different location such as at the nearest corner with an accessible curb ramp. If there is not an accessible curb Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 6 of 7
ramp at the nearest corner, a compliant curb ramp may need to be installed prior to providing the accessible parking space.
The City of Compton is not required to make any structural changes to existing on- street parking if accessible on-street parking is already nearby. The City of Compton prefers that accessible parking be located off-street whenever feasible.
PROCEDURE FOR THE INSTALLATION OF ACCESSIBLE ON-STREET
PARKING ZONES
All requests for accessible on-street parking shall be submitted to the City of Compton for consideration, using the City’s Application for: On-Street Accessible Parking for Disabled Persons form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by City staff for approval. In evaluating the request, City staff will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use.
The City will notify the applicant whether or not the request has been approved. If approved:
oA one-time processing fee, in the amount noted on the application, will be collected.
oThe City will install the accessible parking space.
oTo ensure continued eligibility, the applicant shall submit to the City a copy of the Disabled License or Placard renewal provided by the State every two years. A renewal fee may apply.
If denied, the applicant will be informed which criterion/criteria was not met.
The applicant may re-apply if the missing criterion/criteria is provided.
A report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council.
ACCESSIBLE PARKING DESIGN CRITERIA
Each on-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 2 of 2 (see Attachment A) and Caltrans Standard Plans A90A and A90B (see Attachment B), as indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space and a post-mounted R99 (CA) sign with R99(B)(CA) or R99C(CA) sign, in plain view of each space showing the International Symbol of Accessibility. Where tow-away provisions are applied to on-street spaces, the Staff Report – Blue Curbs
Policies and Procedures for the Adopting the Accessible Parking for Disabled Persons July 26, 2022, page 7 of 7
R100A(CA) sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign.
Each off-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 1 of 2 (see Attachment A), indicated by (1) painting the border for the loading/unloading area blue, painting the stall or space border white, and on the ground, in the stall or space, a white profile view depicting a wheelchair with occupant, on a blue background, outlined in white (International Symbol of Accessibility), and (2) installation of the post-mounted R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign mentioned above, in plain view of each stall or space. Where tow-away provisions are applied to off-street spaces, the previously mentioned R100A sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign (see Attachment A), which shall be posted at each entrance to the off-street parking facility.
STATEMENT OF ISSUE
The City Council of the City of Compton recognizes the desirability to establish updated policies and procedures by which the adoption of this resolution will adopt the policies and procedures for Disabled Persons (Blue Curb) in the City of Compton. Therefore, in order to implement the new policies and procedures, City Council authorization is necessary.
FISCAL IMPACT
There is no fiscal impact to the adoption of the policies and procedures for Disabled Persons (Blue Curb) Policy and Procedures.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED AS TO FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ADOPTING THE ACCESSIBLE PARKING FOR DISABLED PERSON
(BLUE CURB) POLICY AND PROCEDURES IN THE CITY OF COMPTON WHEREAS,adoption of this resolution will adopt the Accessible Parking for Disabled Persons (Blue Curb) Policy and Procedures in the City of Compton; and WHEREAS,the purpose of an accessible parking zone for disabled persons is to provide designated parking at major points of assembly for the exclusive use of physically disabled persons whose vehicles display a valid license plate or placard as authorized by the California Vehicle Code; and
WHEREAS,in certain circumstances, on-street accessible parking zones may also be provided adjacent to or near an individual residence or business; and WHEREAS,accessible parking is regulated by the Access Board, an independent federal agency that is responsible for developing accessibility guidelines; and WHEREAS,accessibility related to public roadways is also regulated by the US Department of Transportation, the California Vehicle Code, and the California Manual on Uniform Traffic Control Devices (CAMUTCD) and the City’s policy is in compliance with the applicable regulations of these agencies; and
WHEREAS,the City of Compton Municipal Code, Section 12-3.14, Subsections B & C authorize the Traffic Authority to determine the location of disabled parking at on- street locations and within publicly owned, leased or controlled parking facilities; and WHEREAS,this policy provides a procedure by which a Compton resident, business, or property owner (applicant) can apply for an on-street accessible parking space for disabled persons (blue zone) within the City of Compton; and WHEREAS,on-street accessible parking spaces will only be considered when off-street parking is not available for an applicant or parking demands in the area prohibit the applicant from having the use of existing on-street parking near a residence, business or major point assembly; and
WHEREAS,in establishing accessible on-street parking facilities for the disabled, a reasonable determination shall be made that the facility will serve more than one disabled person and that the need is of an on-going nature (accessible parking spaces will not be installed on the basis of a temporary disabled persons placard); and WHEREAS,the intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose, but are seldom used and unjustified installation of such parking stalls unnecessarily reduces available on-street parking for the general public, increases the City's maintenance and operation costs, and detracts from the overall effectiveness of the disabled persons parking program; and WHEREAS,accessible parking spaces will not be installed at locations with a no parking or no stopping any time prohibition and the accessible parking zones are in force twenty-four hours a day, seven days a week, unless otherwise posted; and WHEREAS,all must comply with ADA requirements and the total number of accessible on-street parking spaces will be limited to no more than 1% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area; and
Resolution No. __________
WHEREAS,accessible parking spaces shall be provided within all publicly owned, leased or controlled off-street parking facilities as specified below and on-street accessible parking spaces will not be provided to residences with garages, driveways and/or carports; and
WHEREAS,on-street accessible parking spaces will not be provided to businesses or facilities that do not provide the required off-street accessible parking; and WHEREAS,the total number of accessible off-street parking spaces to be provided within an off-street parking facility shall be measured on the basis of demonstrated need or as determined by the requirements of the Office of the State Architect, whichever is greater, and approved by the City’s Building Official; and WHEREAS,when a request for an on-street accessible parking space is approved, a one-time processing fee, in the amount shown on the application form, will be collected to cover field investigation, installation, maintenance and removal costs; and WHEREAS,the cost of installing accessible parking will be assumed by the City for all on-street spaces serving City-owned facilities and for City-owned off-street parking facilities and the cost of installing accessible parking either on-street or off-street, at all other facilities, will be assumed by the resident or proprietor of the facility; and
ELIGIBILITY CRITERIA
Evaluation by Land Use
There are three types of land uses that will be considered for accessible on-street parking, as follows:
Major Point of Assembly
Residential
Business
The definition of each land use, along with the criteria that must be met, is provided below.
Major Point of Assembly Eligibility Criteria:
1. The City, may upon request and recommendation by the City Engineer, provide a minimum of one on-street parking space for disabled persons at the following facilities:
a. Government buildings serving the public, such as administration building, public employment offices, post offices, public library, police stations, etc. b. Hospitals and convalescent homes
c. Medical facilities and doctor’s offices, staffed by a minimum of five practitioners. Zone shall be located to serve the maximum number of facilities on one block.
d. Community service facilities, such as senior citizen service centers, etc. e. Accredited vocational training and educational facilities where no off-street parking is provided for disabled persons.
f. Employment offices or major enterprises employing more than two hundred persons.
g. Public recreational facilities, including municipal swimming pools, recreation halls, etc.
h. Public theaters, museums, auditoriums, meeting halls, arenas and stadiums i. Other places of assembly, such as schools and churches Resolution No. __________
j. All non-residential land uses with an aggregate of more than 50,000 square feet of usable floor space. Zones shall be located to serve the maximum number of facilities on one block.
2. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City requirements regarding the number of on- site accessible parking spaces and why the requested parking space cannot be installed on-site.
3. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the building and the obstruction-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk, as determined by the Public Works Department.
Residential Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of-way, especially in residential areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. Applicant (or guardian) must be in possession of a valid license plate or placard for “disabled persons” or “disabled veterans.”
2. The proposed accessible parking space must be in front of the applicant (or guardian’s) place of residence.
3. The applicant (or guardian) must provide at least one form of proof of residency at the subject address (i.e. current utility bill, State or Federal issued picture identification, or rental agreement). In addition, the applicant must be prepared to show proof of identity with a State-issued picture identification.
4. Residences with garages, carports and/or driveways are not eligible for an on- street accessible parking space.
5. On the application, the applicant (or guardian) must state why an on-street accessible parking space is being requested.
6. For residences not owned by the applicant (or guardian) the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the residence.
7. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the residence and the obstacle-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk, as determined by the Public Works Department.
8. To ensure continued eligibility, the applicant must submit to the City a copy of the disabled persons license or placard renewal provided by the State every two years.
Business Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of-way, especially in business areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. All non-residential land uses with usable floor space of 50,000 square feet or less and that are not noted as a major point of assembly will be defined as commercial and/or office buildings. This category also includes assisted living facilities and senior apartments. The applicant must provide proof of business ownership or property ownership of the subject address.
Resolution No. __________
2. For businesses located in a building or on property not owned by the applicant, the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the business.
3. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City and State requirements regarding the
4. number of on-site accessible parking spaces and state why the requested parking space cannot be installed on-site.
5. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the business and the obstacle-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk as determined by the Public Works Department.
Evaluation of Location:
City staff will also consider the following when evaluating an application for accessible on-street parking. To qualify for an accessible on-street parking space, the proposed location must meet all of the following requirements:
1. The requested on-street space is immediately adjacent to an ADA compliant ramp or a compliant driveway approach with a clear path of travel.
2. The requested on-street parking space is located so that the disabled person is not required to wheel or walk behind or in front of a parked vehicle other than their own. The curb lane or street is wide enough that the disabled person is not required to wheel or walk in traffic.
3. There are no obstructions on the sidewalk adjacent to and for the full length of the parking space.
Note: If the requested on-street space is not located in close proximity to an ADA compliant curb ramp or driveway approach for access to the sidewalk or walkway, the accessible space may need to be provided in a different location such as at the nearest corner with an accessible curb ramp. If there is not an accessible curb ramp at the nearest corner, a compliant curb ramp may need to be installed prior to providing the accessible parking space.
The City of Compton is not required to make any structural changes to existing on-street parking if accessible on-street parking is already nearby. The City of Compton prefers that accessible parking be located off-street whenever feasible; and
PROCEDURE FOR THE INSTALLATION OF ACCESSIBLE ON-STREET PARKING ZONES
All requests for accessible on-street parking shall be submitted to the City of Compton for consideration, using the City’s Application for: On-Street Accessible Parking for Disabled Persons form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by City staff for approval. In evaluating the request, City staff will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use.
The City will notify the applicant whether or not the request has been approved. If approved:
o
Resolution No. __________
oA one-time processing fee, in the amount noted on the application, will be collected.
oThe City will install the accessible parking space.
oTo ensure continued eligibility, the applicant shall submit to the City a copy of the Disabled License or Placard renewal provided by the State every two years. A renewal fee may apply.
If denied, the applicant will be informed which criterion/criteria was not met. The applicant may re-apply if the missing criterion/criteria is provided.
A report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council.
ACCESSIBLE PARKING DESIGN CRITERIA
Each on-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 2 of 2 (see Attachment A) and Caltrans Standard Plans A90A and A90B (see Attachment B), as indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space and a post-mounted R99 (CA) sign with R99(B)(CA) or R99C(CA) sign, in plain view of each space showing the International Symbol of Accessibility. Where tow-away provisions are applied to on-street spaces, the R100A(CA) sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign.
Each off-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 1 of 2 (see Attachment A), indicated by (1) painting the border for the loading/unloading area blue, painting the stall or space border white, and on the ground, in the stall or space, a white profile view depicting a wheelchair with occupant, on a blue background, outlined in white (International Symbol of Accessibility), and (2) installation of the post-mounted R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign mentioned above, in plain view of each stall or space. Where tow-away provisions are applied to off-street spaces, the previously mentioned R100A sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign (see Attachment A), which shall be posted at each entrance to the off- street parking facility; and
WHEREAS,a report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council; and WHEREAS,the adoption of the policies and procedures for Disabled Persons (Blue Curb) in the City of Compton has no fiscal impact; and WHEREAS,the City Council of the City of Compton recognizes the desirability to establish updated policies and procedures by which the adoption of this resolution will adopt the policies and procedures for Disabled Persons (Blue Curb) in the City of Compton; and
WHEREAS,in order to implement the new policies and procedures, City Council authorization is necessary.
Resolution No. __________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the Accessible Parking for Disabled Persons (Blue Curb) Policy and Procedures in the City of Compton is hereby adopted.
SECTION 2.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Department.
SECTION 3.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ______ day of _______________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the _____ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
_____________________________________
CITY CLERK OF THE CITY OF COMPTON
City of Compton
Accessible Parking for Disabled Persons
(Blue Curb) Policy and Procedures
Update Adopted by the City Council on ______________, 2022 DRAFT
City of Compton Blue Curb Policy
City of Compton
Accessible Parking for Disabled Persons (Blue Curb)
Policy and Procedures
INTRODUCTION
The purpose of an accessible parking zone for disabled persons is to provide designated parking at major points of assembly for the exclusive use of physically disabled persons whose vehicles display a valid license plate or placard as authorized by the California Vehicle Code. In certain circumstances, an on-street accessible parking zone may also be provided adjacent to or near an individual residence or business.
Accessible parking is regulated by the Access Board, an independent federal agency that is responsible for developing accessibility guidelines. Accessibility related to public roadways is also regulated by the US Department of Transportation, the California Vehicle Code, and the California Manual on Uniform Traffic Control Devices (CA MUTCD). The City’s policy is in compliance with the applicable regulations of these agencies.
The City of Compton Municipal Code, Section 12-3.14, Subsections B & C authorize the Traffic Authority1 to determine the location of disabled parking at on-street locations and within publicly owned, leased or controlled parking facilities.
POLICY
This policy provides a procedure by which a Compton resident, business, or property owner (applicant) can apply for an on-street accessible parking space for disabled persons (blue zone) within the City of Compton.
On-street accessible parking spaces will only be considered when off-street parking is not available for an applicant or parking demands in the area prohibit the applicant from having the use of existing on-street parking near a residence, business or major point of assembly.
It should be noted that on-street accessible parking spaces are NOT:
A reserved parking space for the applicant
Intended as a private parking space for the applicant
For temporary or short-term need
1The Traffic Authority is the City of Compton’s Street Superintendent or authorized representative. (For on- street accessible parking, the City Engineer has been designated as the authorized representative.) City of Compton Blue Curb Policy
2 In establishing accessible on-street parking facilities for the disabled, a reasonable determination shall be made that the facility will serve more than one disabled person and that the need is of an on-going nature (accessible parking spaces will not be installed on the basis of a temporary disabled persons placard). The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose, but are seldom used. Unjustified installation of such parking stalls unnecessarily reduces available on-street parking for the general public, increases the City's maintenance and operation costs, and detracts from the overall effectiveness of the disabled persons parking program.
Accessible parking spaces will not be installed at locations with a no parking or no stopping any time prohibition. The accessible parking zones are in force twenty-four hours a day, seven days a week, unless otherwise posted. All must comply with ADA requirements. The total number of accessible on-street parking spaces will be limited to no more than 1% of the total number of on-street parking spaces available in the area and shall be distributed uniformly within the area.
Accessible parking spaces shall be provided within all publicly owned, leased or controlled off-street parking facilities as specified below. On-street accessible parking spaces will not be provided to residences with garages, driveways and/or carports. On- street accessible parking spaces will not be provided to businesses or facilities that do not provide the required off-street accessible parking. The total number of accessible off- street parking spaces to be provided within an off-street parking facility shall be measured on the basis of demonstrated need or as determined by the requirements of the Office of the State Architect, whichever is greater, and approved by the City’s Building Official.
Processing Fee
When a request for an on-street accessible parking space is approved, a one-time processing fee, in the amount shown on the application form, will be collected to cover field investigation, installation, maintenance and removal costs. The cost of installing accessible parking will be assumed by the City for all on-street spaces serving City-owned facilities and for City-owned off-street parking facilities. The cost of installing accessible parking either on-street or off-street, at all other facilities, will be assumed by the resident or proprietor of the facility.
ELIGIBILITY CRITERIA
Evaluation by Land Use
There are three types of land uses that will be considered for accessible on-street parking, as follows:
Major Point of Assembly
Residential
Business
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3 The definition of each land use, along with the criteria that must be met, is provided below.
Major Point of Assembly Eligibility Criteria:
1. The City, may, upon request and recommendation by the City Engineer, provide a minimum of one on-street parking space for disabled persons at the following facilities:
a. Government buildings serving the public, such as administration building, public employment offices, post offices, public library, police stations, etc. b. Hospitals and convalescent homes
c. Medical facilities and doctor’s offices, staffed by a minimum of five practitioners. Zone shall be located to serve the maximum number of facilities on one block.
d. Community service facilities, such as senior citizen service centers, etc. e. Accredited vocational training and educational facilities where no off-street parking is provided for disabled persons.
f. Employment offices or major enterprises employing more than two hundred persons.
g. Public recreational facilities, including municipal swimming pools, recreation halls, etc.
h. Public theaters, museums, auditoriums, meeting halls, arenas and stadiums i. Other places of assembly, such as, schools and churches j. All non-residential land uses with an aggregate of more than 50,000 square feet of usable floor space. Zones shall be located to serve the maximum number of facilities on one block.
2. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City requirements regarding the number of on- site accessible parking spaces and why the requested parking space cannot be installed on-site.
3. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the building and the obstruction-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk, as determined by the Public Works Department.
Residential Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of-way, especially in residential areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. Applicant (or guardian) must be in possession of a valid license plate or placard for “disabled persons” or “disabled veterans.”
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4 2. The proposed accessible parking space must be in front of the applicant (or guardian’s) place of residence.
3. The applicant (or guardian) must provide at least one form of proof of residency at the subject address (i.e. current utility bill, State or Federal issued picture identification, or rental agreement). In addition, the applicant must be prepared to show proof of identity with a State-issued picture identification.
4. Residences with garages, carports and/or driveways are not eligible for an on- street accessible parking space.
5. On the application, the applicant (or guardian) must state why an on-street accessible parking space is being requested.
6. For residences not owned by the applicant (or guardian) the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the residence.
7. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the residence and the obstacle-free navigation of a disabled person from a vehicle parked in the accessible space to the sidewalk, as determined by the Public Works Department.
8. To ensure continued eligibility, the applicant must submit to the City a copy of the disabled persons license or placard renewal provided by the state every two years.
Business Eligibility Criteria:
It is not the intention of the City to provide reserved parking in the public right-of-way, especially in business areas. However, exceptions may be made in special cases provided all of the following conditions exist:
1. All non-residential land uses with usable floor space of 50,000 square feet or less and that are not noted as a major point of assembly will be defined as commercial and/or office buildings. This category also includes assisted living facilities and senior apartments. The applicant must provide proof of business ownership at or property ownership of the subject address.
2. For businesses located in a building or on property not owned by the applicant the landlord/property owner must sign the application to confirm and agree to the accessible parking space being placed in front of the business.
3. Before an on-street parking space is considered, the applicant must demonstrate that the property currently meets City and State requirements regarding the number of on-site accessible parking spaces and state why the requested parking space cannot be installed on-site.
4. The decision to install an on-street parking space will also be based on the sidewalk conditions adjacent to the business and the obstacle-free navigation of a City of Compton Blue Curb Policy
5 disabled person from a vehicle parked in the accessible space to the sidewalk, as determined by the Public Works Department.
Evaluation of Location:
City staff will also consider the following when evaluating an application for accessible on-street parking. To qualify for an accessible on-street parking space, the proposed location must meet all of the following requirements:
1. The requested on-street space is immediately adjacent to an ADA compliant ramp or a compliant driveway approach with a clear path of travel.
2. The requested on-street parking space is located so that the disabled person is not required to wheel or walk behind or in front of a parked vehicle other than their own. The curb lane or street is wide enough that the disabled person is not required to wheel or walk in traffic.
3. There are no obstructions on the sidewalk adjacent to and for the full length of the parking space.
Note: If the requested on-street space is not located in close proximity to an ADA compliant curb ramp or driveway approach for access to the sidewalk or walkway, the accessible space may need to be provided in a different location such as at the nearest corner with an accessible curb ramp. If there is not an accessible curb ramp at the nearest corner, a compliant curb ramp may need to be installed prior to providing the accessible parking space.
The City of Compton is not required to make any structural changes to existing on-street parking if accessible on-street parking is already nearby. The City of Compton prefers that accessible parking be located off-street whenever feasible.
PROCEDURE FOR THE INSTALLATION OF ACCESSIBLE ON-STREET
PARKING ZONES
All requests for accessible on-street parking shall be submitted to the City of Compton for consideration, using the City’s Application for: On-Street Accessible Parking for Disabled Persons form (attached). Supporting documentation must be submitted with the written request.
The request will be reviewed by City staff for approval. In evaluating the request, City staff will consider whether the applicant has demonstrated a need for the parking space that outweighs the preservation of such space for public use.
The City will notify the applicant whether or not the request has been approved. If approved:
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6 oA one-time processing fee, in the amount noted on the application, will be collected.
oThe City will install the accessible parking space.
oTo ensure continued eligibility, the applicant shall submit to the City a copy of the Disabled License or Placard renewal provided by the State every two years. A renewal fee may apply.
If denied, the applicant will be informed which criterion/criteria was not met. The applicant may re-apply if the missing criterion/criteria is provided.
A report of the requested locations and their eligibility will be sent to the City Manager for distribution to the City Council.
ACCESSIBLE PARKING DESIGN CRITERIA
Each on-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 2 of 2 (see Attachment A) and Caltrans Standard Plans A90A and A90B (see Attachment B), as indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space and a post-mounted R99 (CA) sign with R99(B)(CA) or R99C(CA) sign, in plain view of each space showing the International Symbol of Accessibility. Where tow-away provisions are applied to on-street spaces, the R100A(CA) sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign.
Each off-street accessible parking space shall be installed in accordance with the most recent edition of the CA MUTCD, Figure 3B-22 (CA), Sheet 1 of 2 (see Attachment A), indicated by (1) painting the border for the loading/unloading area blue, painting the stall or space border white, and on the ground, in the stall or space, a white profile view depicting a wheelchair with occupant, on a blue background, outlined in white (International Symbol of Accessibility), and (2) installation of the post-mounted R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign mentioned above, in plain view of each stall or space. Where tow-away provisions are applied to off-street spaces, the previously mentioned R100A sign may be used with the R99(CA) and R99(B)(CA) signs or the R99(C)(CA) sign (see Attachment A), which shall be posted at each entrance to the off- street parking facility.
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Attachment A
Excerpts for Installation of Accessible Parking for Disabled Persons from the California Manual on Uniform Traffic Control Devices, 2014, rev6 (Note: Reference the most recent version of the CA MUTCD) Section 2B.46 Parking, Standing, and Stopping Signs (R7 and R8 Series) Special Signs
The Accessible Parking Only (R99(CA)) sign in combination with MINIMUM FINE $250 (R99B(CA)) plaque; or, Accessible Parking Only Minimum Fine $250 (R99C(CA)) sign shall be used in on-street and off-street parking facilities to designate stalls for vehicles with a special identification license plate or a distinguishing placard for persons with disabilities.
Support:
64 The R99(CA) sign in combination with the R99B(CA) plaque; or, R99C(CA) sign, blue pavement markings and International Symbol of Accessibility Marking, are required for enforcement of these parking areas. Refer to CVC 22511.7 and 22511.8.
Standard:
65 The VAN ACCESSIBLE (R7-8b) sign shall be mounted below the Accessible Parking Only (R99(CA)) sign in combination with MINIMUM FINE $250 (R99B(CA)) plaque; or, Accessible Parking Only Minimum Fine $250 (R99C(CA)) sign of the parking space for persons with disabilities designated as the van accessible space as provided in the California Building Code Section 1129B.
Option:
66 The TOW-AWAY SPECIAL PLACARD OR LICENSE PLATE REQUIRED (R100A(CA)) sign may be used with the R99(CA) sign in combination with the R99B(CA) plaque; or, R99C(CA) sign to inform motorists that their vehicle will be towed away if they do not have a special identification license plate or a distinguishing placard for persons with disabilities.
Standard:
67 The Disabled Tow-Away (R100B(CA)) sign shall be placed immediately adjacent to, and visible from, the stall or space, or at each entrance to an off street parking facility to inform motorists that their vehicle will be towed away if they park in designated stalls or spaces without a special identification license plate or a distinguishing placard for persons with disabilities. The sign shall include the address where the towed vehicle can be reclaimed and the telephone number of the local traffic law enforcement agency. Refer to CVC 22511.8 and 22511.9.
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Table 2B-1(CA). California Regulatory Sign and Plaque Sizes (Excerpt) Conventional
RoadSign or Plaque Sign
Designation Section Single
Lane
Multi-
Lane
Accessible Parking Only R99(CA) 2B.46 12 x 18 12 x 18
MINIMUM FINE $250 plaque R99B(CA) 2B.46 12 x 9 12 x 9
Accessible Parking Only Minimum Fine $250 R99C(CA) 2B.46 12 x 24 12 x 24
TOW-AWAY SPECIAL PLACARD OR
LICENSE PLATE REQUIRED R100A(CA) 2B.46 12 x 8 12 x 8
Disabled Tow-Away R100B(CA) 2B.46 24 x 24 24 x 24
Section 3B.19 Parking Space Markings
Standard:
02 Parking space markings shall be white.
Option:
03 Blue lines may supplement white parking space markings of each parking space designated for use only by persons with disabilities.
Support:
04 Additional parking space markings for the purpose of designating spaces for use only by persons with disabilities are discussed in Section 3B.20 and illustrated in Figure 3B-22 3B- 22(CA). The design and layout of accessible parking spaces for persons with disabilities is provided in the “Americans with Disabilities Act Accessibility Guidelines (ADAAG)” (see Section 1A.11).
Support:
05 Refer to CVC 22500 through 22522 for parking space markings. 06 Refer to Section 2B.39 for Parking Regulations.
Policy on Parking Restrictions
18 The International Symbol of Accessibility (ISA) parking space marking shall be placed in each off-street parking space (see Figure 3B.22(CA)).
Guidance:
18a The ISA parking space marking (3B-22(CA)) should be placed in each on-street parking space designated for use by persons with disabilities.
Standard:
A blue background with white border may shall supplement the wheelchair symbol as shown in Figure 3B-22(CA).
19a If used, new construction of accessible off-street parking spaces, and, loading and unloading areas shall include pavement marking details shown on Figure 3B-22 (CA), or as shown on Caltrans’ Standard Plan A90A. The loading and unloading area shall be marked by a border and hatched lines. The border shall be painted blue and the hatched lines shall be painted a suitable contrasting color to the parking space (blue or white paint is preferred). 19b If used, new construction of accessible on-street parking shall include a blue painted curb, as shown on Caltrans’ Standard Plan A90B. If on-street parking designated and designed for persons with disabilities includes a loading and unloading area, it shall be marked by a border and City of Compton Blue Curb Policy
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hatched lines. The border shall be painted blue and the hatched lines shall be painted a suitable contrasting color to the parking space (blue or white paint is preferred). 19c Loading and unloading areas shall include the words “NO PARKING” within the blue border and shall be painted in white letters no less than 12 inch high (See detail in Figure 3B-22 (CA)).
Refer to California Code of Regulations Title 24, Section 1129B.4.
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Attachment B
Caltrans 2018 Standard Plans A90A & A90B, for Installation of Accessible Parking for Disabled Persons (Note: Reference the most recent version of the Standard Plans) City of Compton Blue Curb Policy
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City of Compton
Public Works Engineering Department
Application for:
On-Street Accessible Parking for Disabled Persons
1. Applicant:
Contact Name:
Address:
Zip Code: Daytime Phone Number:
Email Address:
Alternate Contact Name: Phone Number:
Requesting installation of an on-street disabled persons parking space: Yes No Renewal of an existing on-street disabled persons parking space: Yes No Removal of existing on-street disabled persons parking space: Yes No
2. Documentation:
Please attach copies of the following documents and submit with your application.
Your DMV-issued Disabled Person or Disabled Veteran Placard or Plate DMV-issued Placard Receipt
DMV-issued Vehicle Registration documents for applicant’s vehicle(s) Your proof of residency/business ownership for the requested address (utility bill, phone bill or lease)
3. Property Information:
Single Family Home Condominium Apartment Business Other:
Own (If Condominimum, request must be made by homeowner’s association board) Renting/Leasing (if Renting or Leasing, Section 4 must be completed by landlord or property manager) Is parking available on property? Yes No What type(s) of parking is available? Garage Driveway Carport Note: Residences with a garage, driveway and/or carport do not qualify for on-street accessible parking.
Briefly explain why you are requesting an on-street accessible parking space adjacent to your residence or business. For a business, include the current number of on-site accessible parking spaces and why you cannot accommodate an additional on-site accessible parking space. (attach supplemental sheet if necessary).
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City of Compton
Application for: On-Street Accessible Parking for Disabled Persons (Continued)
4. Landlord/Property Manager:
Name: Phone Number:
Address:
Email Address
I support this application and concur with the information applicant has indicated in Section 3 of this application.
Signature: Date:
5. Agreement:
In submitting this application, I understand and agree to the following:
1. Completion of this application does not guarantee approval of the installation of an accessible parking space for disabled persons.
2. Approval of this application does not constitute an agreement to provide a permanent accessible parking space for disabled persons.
3. The approved installation of an accessible parking space for disabled persons is not a personal parking space and is available for public use for any vehicle displaying a DMV-issued Disabled Persons plate or placard.
4. The City of Compton reserves the right to deny or remove any accessible parking space for disabled persons according to policy guidelines or for public right-of-way purposes.
5. The City may inspect the applicant’s parking area(s) for the verification of information provided herein.
Applicant understands and agrees to provide access to the property upon request of City Staff.
6. Applicant shall notify the City’s Public Works Department, in writing, of any changes in the information provided on this application and if/when the space approved under this application is no longer needed.
7. Residential accessible parking zones are subject to renewal every 2 (two) years, upon renewal of the related Disabled Placard or Plate by the State. To assure continued eligibility and to maintain the validity of the zone, residential applicants agree to submit a copy of the State-issued renewal of the Disabled Placard or Plate biennially, upon receiving it.
8. If my request is approved, I will pay a processing fee of $200.00 to cover the cost of field investigation, installation, maintenance, and removal.
I, ______________________________________________, hereby certify, under penalty of perjury, that the information provided herein is correct and agree to all items listed in Section 5 “Agreement” of this application.
Applicant’s Signature: _______________________________________ Date: ________________________ Please return completed application and attachments to:
City of Compton
Attention: Public Works Department, Engineering Department 205 South Willlowbrook Avenue
Compton, CA 90220
Or email to: [email protected] For more information, call: (310) 605-5505 Office Use Only
Date Received: Approved, Date: Denied, Date:
If Denied, reason for denial:
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July 26, 2022
TO: MAYOR AND COUNCILMEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A TEMPORARY
LICENSE AGREEMENT WITH ALL AMERICAN ASPHALT FOR USE
OF CERTAIN HOUSING SUCCESSOR AGENCY-OWNED REAL
PROPERTY LOCATED AT 1434 WEST COMPTON BOULEVARD IN
THE AMOUNT OF FOUR THOUSAND DOLLARS PER MONTH ($4,000)
NOT TO EXCEED ONE HUNDRED AND EIGHTY (180) WORKING
DAYS
SUMMARY
Adoption of this resolution will authorized the City Manager to enter into a one hundred and eighty (180) working day non-exclusive, revocable Limited License Agreement for the Housing Successor Agency (“Agency”) owned property at 1434 West Compton Boulevard, Compton, California (“Property”), with All American Asphalt (“All American”) for temporary parking and storage of construction equipment and vehicles being used for the construction work and services pursuant to the City’s Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B (“Project”). All American Asphalt will pay Four Thousand Dollars ($4,000) per month for the above referenced use.
BACKGROUND
All American Asphalt is currently under contract with the City of Compton to perform street construction and repairs. The area that the contractor is working on is in the vicinity of the subject site. All American made a request to City staff to use the Property to stage and store its construction equipment and materials for a period of one hundred and eighty (180) working days. The Property is currently vacant and is available for sale by the City.
STATEMENT OF THE ISSUE
The limited license term requested by All American Asphalt is for one hundred and eighty (180) working days commencing August 1, 2022. The City is currently in negotiations with a Developer to purchase the property; however, this proposed Limited License Agreement will expire prior to finalizing the Purchase Sales Agreement.
9.9.9. Staff Report – Resolution Authorizing Limited License Agreement All American Asphalt
1434 West Compton Boulevard
July 26, 2022
All American Asphalt has agreed to the maintenance of the fence and the placement of screening on the fence surrounding the Property to restrict the view of the site from its surrounding neighbors as well as keep dust to a minimum. The contractor is also responsible for the maintenance and landscaping of the site including the removal of illegal dumping.
Therefore, in order for the City Manager to enter into a one hundred and eighty (180) working day non-exclusive, revocable Limited License Agreement for the Housing Successor Agency (“Agency”) owned property at 1434 West Compton Boulevard, Compton, California (“Property”), with All American Asphalt (“All American”) for temporary parking and storage of construction equipment and vehicles being used for the construction work and services pursuant to the City’s Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B (“Project”), City Council’s authorization is necessary.
ALTERNATIVE
There are no other alternative being recommended at this time.
FISCAL IMPACT
City management negotiated the price with the contractor at $4,000 per month. The price is consistent and comparable to a previously approved City Council rate applied on February 8, 2022. The estimated total revenue is $24,000 based on a monthly rate of $4,000 for a total of six months. The funds will be deposited in the Housing Successor Agency fund under Rents and Concessions in Account No. 1205-000-000-3420.
RECOMMENDATION
Staff respectfully recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a License Agreement with All American Asphalt to lease certain Housing Successor Agency-owned real property at 1434 West Compton Boulevard for the purpose of temporary parking and storage of equipment and vehicles being used for the construction work and services pursuant to the City’s Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B in the amount of $4,000 a month for one hundred eighty (180) working days.
JOHN D. STRICKLAND, JR, PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED AS TO FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A TEMPORARY
LICENSE AGREEMENT WITH ALL AMERICAN ASPHALT FOR USE OF
CERTAIN HOUSING SUCCESSOR AGENCY-OWNED REAL PROPERTY
LOCATED AT 1434 WEST COMPTON BOULEVARD IN THE AMOUNT OF FOUR THOUSAND DOLLARS PER MONTH ($4,000) NOT TO EXCEED ONE HUNDRED AND EIGHTY (180) WORKING DAYS
WHEREAS, the City of Compton Housing Successor Agency (“Agency”) owns vacant real property located at 1434 West Compton Boulevard, Compton, California (“Property”); and
WHEREAS, All American Asphalt (“All American”) is a construction company currently under contract with the City performing street construction and repair pursuant to the City’s Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B (“Project”); and
WHEREAS, the above noted Project that All American Asphalt is constructing is in the vicinity of the Property and All American Asphalt made a request to the City to use the Property to stage and store its construction equipment and materials for a period of one hundred and eighty (180) working days; and WHEREAS, the Property is currently vacant and is available for sale by the Agency, thus the Agency can provide All American Asphalt with a non-exclusive, revocable Limited License to use the Property not to exceed one hundred and eighty (180) working days and All American Asphalt is willing to pay the Agency the sum of Four Thousand Dollars ($4,000) per month for temporary use; and WHEREAS,funds will be deposited to Rents and Concessions in Account No. 1205-000-000-3420; and
WHEREAS,the limited license term requested by All American Asphalt is for one hundred and eighty (180) working days commencing August 1, 2022; and WHEREAS,the Agency is currently in negotiations with a Developer to purchase the property; however, this proposed Limited License Agreement will expire prior to finalizing the Purchase Sales Agreement; and
WHEREAS,All American Asphalt has agreed to the maintenance of the fence and the placement of screening on the fence surrounding the Property to restrict the view of the site from its surrounding neighbors as well as keep dust to a minimum; and WHEREAS, the contractor is also responsible for the maintenance and landscaping of the site including the removal of illegal dumping; and WHEREAS,revenue of $4,000 a month will be received by the City Housing Successor Agency as a result of the Limited License Agreement; and WHEREAS,funds will be deposited to Rents and Concessions Account No. 1205-000-000-3420; and
WHEREAS,in order for the City Manager to enter into a revocable Limited License Agreement with All American Asphalt for 180 working days in the amount of $4,000 per month, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDERS AS FOLLOWS:
Resolution No.__________
Section 1. That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to enter into a temporary License Agreement with All American Asphalt to lease certain Housing Successor Agency-owned property located at 1434 West Compton Boulevard for the sum of $4,000.00 per month for the purpose of temporary parking and storage of All American Asphalt construction equipment and vehicles being used pursuant to the construction work and services on the City’s Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B.
Section 2.That the license fees for the Limited License Agreement of the property at 1434 West Compton Boulevard property shall be deposited in Account No. 1205-000- 000-3420 (Rents and Concessions).
Section 3. That a certified copy of this resolution shall be filed in the offices of the Executive Director, City Attorney, City Controller, Successor Agency, Public Works Engineering Department and City Clerk.
Section 4. That the Mayor shall sign and the Clerk shall attest to the adoption of this resolution.
ADOPTED this ________ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at the regular meeting thereof held on the ________ day of __________, 2022.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
1 LICENSE AGREEMENT
BETWEEN
CITY OF COMPTON HOUSING SUCCESSOR AGENCY
OF THE CITY OF COMPTON
AND
ALL AMERICAN ASPHALT
THIS LICENSE AGREEMENT (hereinafter referred to as the “Agreement”) is entered into by and between the CITY OF COMPTON HOUSING SUCCESSOR AGENCY, a distinct and separate legal entity from the City of Compton (hereinafter referred to as “Licensor”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ALL AMERICAN ASPHALT (hereinafter referred to as “Licensee”) located at 400 East Sixth Street, Corona, California 92879.
W I T N E S S E T H:
WHEREAS, Licensor is the owner of the land commonly known as 1434 West Compton Boulevard, Compton, California 90220 (the “Property”);
WHEREAS, Licensee is a construction company currently under contract with the City of Compton on a Project and desires to use the Licensed Premises, as depicted in “Exhibit A”, which is attached hereto and incorporated herein by this reference, for the following purpose:
utilization of the Licensed Premises for parking and storage of Licensee’s construction equipment and vehicles for the construction work and services on the City of Compton “Annual Residential Street Rehabilitation Project, CIP # 18-01, Phase 2B” (hereinafter the “Permitted Purpose”); and
WHEREAS, Licensor has agreed to grant to Licensee, and Licensee has agreed to accept from Licensor, a limited, non-exclusive, revocable license to enter upon the Property to conduct the Activities in accordance with and subject to the terms and provisions of this Agreement; WHEREAS, Licensor and Licensee desire to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Activities and Licensee’s entry upon the Property.
NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee do hereby covenant and agree as follows:
1. Term. The term of this Agreement shall be for the period commencing on March 1, 2022 and not to exceed one hundred and eighty (180) working days. This Agreement shall automatically terminate upon its expiration and Licensee hereby waives any and all rights to relocation benefits under California law upon the expiration or earlier termination of this Agreement.
2 2. Fee. The license fee for this Agreement shall be Four Thousand Dollars ($4,000.00) per month payable monthly in advance to the City of Compton Housing Successor Agency.
3. Use. Licensee may use the Property only for the Activities, and for no other use or purpose.
4. No Improvements or Hazardous Substances. Licensee shall not construct any improvements on the Property or bring onto or use any hazardous substances on the Property without the prior written consent of Licensor. Licensor acknowledge and agrees that Licensee shall have no responsibility or liability for any hazardous materials or contaminated material existing at the Property except for hazardous materials or contaminated materials Licensee brings to the Property and negligently handles.
5. Removal of Personal Property. Upon the expiration or earlier termination of this Agreement, Licensee shall remove all of its personal property from the Property and restore the Property to its condition as of the date hereof.
6. Damage; Indemnity. Licensee expressly agrees as follows: (i) any Activities by or on behalf of Licensee, including, without limitation, the entry by Licensee or Licensee’s officers, members, employees, agents or contractors (collectively, “Licensee’s Designees”) onto the Property in connection with the Activities, shall not damage the Property in any manner whatsoever, (ii) in the event the Property is damaged, altered or disturbed in any manner in connection with the Activities, Licensee shall return the Property to the condition existing prior to the Activities, and (iii) Licensee, to the fullest extent allowed by law, shall indemnify, defend and hold Licensor harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever, including, without limitation, attorneys’ fees and expenses and court costs suffered, incurred or sustained by Licensor as a result of, by reason of, or in connection with the Activities or the entry by Licensee or Licensee’s Designees onto the Property (including, without limitation mechanics liens). The indemnification and defense obligations of Licensee contained herein shall survive the expiration or earlier termination of this Agreement.
7. Permits and Licenses. Licensee, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of this Agreement.
8. Insurance. Licensee shall procure and maintain, at its own expense and during the term of this Agreement, a policy of commercial General Liability insurance issued by an insurer reasonably satisfactory to Licensor covering each of the Activities with limits of liability of not less than $1,000,000.00 per occurrence and Automobile insurance with a limit of liability of not less than $1,000,000 for each accident. Licensee shall deliver to Licensor Certificate(s) of Insurance evidencing that such insurance is in full force and effect, and evidencing that Licensor has been named as an additional insured thereunder with respect to the Activities, prior to entering the Property. Additionally, in accordance with the provisions of Section 3700 of the Labor Code, Licensee shall be insured against liability for Workers’ Compensation or to undertake self-insurance in compliance with that Code.
3 9. Successors. This Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
10. Limitations. Licensor does not hereby convey to Licensee any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights and privileges hereinabove set forth.
11. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or if sent by United States registered or certified mail, postage prepaid, return receipt requested or nationally recognized overnight mail service (i.e., FedEx), on the date of actual delivery. Unless notice of a different address has been given in accordance with this section, all such notices shall be addressed as follows:
If to Licensor, to: City of Compton Housing Successor Agency 205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
If to Licensee, to: All American Asphalt
400 East Sixth Street
Corona, California 92879
Attn: Mark Luer, President
12. Assignment. This Agreement may not be assigned by Licensee, in whole or in part.
13. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California.
14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement may be delivered by emails of pdf documents, and such electronic transmissions shall be valid and binding for all purposes when transmitted to and actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by email agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the request of the other party.
15. No Recording of Agreement or Memorandum of Agreement. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation.
16. Miscellaneous. As part of this Agreement, Licensor has directed Licensee to contact the following agencies in connection with the proposed use of the Property prior to the 4 commencement of the Activities: (i) the City’s Parks and Recreation Department for all necessary fees and procedures; (ii) the Los Angeles County Sheriff’s Department to ensure that any security plans for the event are in place; (iii) the City’s Building and Safety for any applicable permits; (v) the City’s Business License Division for all applicable licenses and permit fees; and (vi) the Compton Fire Department for any emergency medical assistance, if needed.
IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed and sealed, all the day and year first written above.
ALL AMERICAN ASPHALT
"LICENSEE"
Dated: ________________ By: _______________________________ Mark Luer, President
CITY OF COMPTON HOUSING SUCCESSOR AGENCY
“LICENSOR”
Dated: ________________ By: _______________________________ Thomas Thomas, City Manager
Approved as to form:
By: _______________________________ Dated: __________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: ___________________ By: _______________________________ Alita Godwin, City Clerk
July 26, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL FROM MAJOR LEAGUE INFIELDS INC.
TO PROVIDE ANNUAL MAINTENANCE SERVICES FOR THE
DODGERS DREAMFIELD AT GONZALES PARK AND AUTHORIZING
THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED FORTY NINE THOUSAND TWO HUNDRED
DOLLARS ($49,200)
SUMMARY
Adoption of this resolution will accept the proposal of Major League Infields, Inc. to provide annual maintenance services for the Dodgers Dreamfield at Gonzales Park and authorizing the City Manager to establish a purchase order in an amount not to exceed Forty-Nine Thousand Two Hundred Dollars ($49,200.)
BACKGROUND
The Los Angeles Dodgers Foundation (LADF) builds Dodgers Dreamfields to give families in neighborhoods across Los Angeles safe havens and points of pride. The addition of revitalized baseball and softball fields contributes to existing green spaces, promotes physical activity and increases opportunities for play in underserved communities.
To-date, the Los Angeles Dodgers Foundation (LADF) has spent $14.9 million dollars building 57 Dodgers Dreamfields and have plans to complete an additional 18 fields to commemorate the 75th anniversary of the Dodgers’ move to Los Angeles in 2033.
The LADF boasts the following measurable influences and positive changes:
81% Increase in baseball participation
61.8% increase in softball participation
66.7% increase in overall park usage and programming
64% increase in people visiting the park
94.7% increase in a positive change in the park’s environment, and 70% of park directors reported the Dreamfields contributed to a safe park environment.
10.10.10.10. Staff Report – Major League Infield, Incl 2022-2023
July 26, 2022
STATEMENT OF THE ISSUE
The City of Compton received three (3) proposals for baseball field maintenance:
Major League Construction Services: $4850.00/monthly
Major League Infields, Inc. $4100,00/monthly
Master Landscape & Maintenance, Inc. $4600.00/monthly
Major League Infields, Inc. submitted the lowest most responsive proposal for monthly baseball field maintenance. The company will provide maintenance which will include; mow turf once (1) per week, edge/weed once (1) per week and chemically test and treat undesirable vegetation once (1) per month at a cost of $4100.00/monthly ($49,200/annually).
FISCAL IMPACT
This expenditure of Forty-Nine Thousand Two Hundred Dollars is available in the City’s Fiscal Year 2022-2023 budget in Public Works Street Maintenance Account 1004-720- 000-4266 (Contract Services).
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution accepting the proposal of Major League Infields, Inc. and authorize the City Manager to establish a purchase order.
DAMION TIMMONS, STREET SUPERINTENDENT
PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON, ACCEPTING THE PROPOSAL FROM MAJOR LEAGUE INFIELDS INC. TO PROVIDE ANNUAL
MAINTENANCE SERVICES FOR THE DODGERS DREAMFIELD AT GONZALES
PARK AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER IN AN AMOUNT NOT TO EXCEED FORTY NINE THOUSAND TWO HUNDRED DOLLARS ($49,200)
WHEREAS, the Los Angeles Dodgers Foundation (LADF) builds Dodgers Dreamfields to give families in neighborhoods across Los Angeles safe havens and points of pride; and
WHEREAS, the addition of revitalized baseball and softball fields contributes to existing green spaces, promotes physical activity and increases opportunities for play in underserved communities; and
WHEREAS, to-date, the Los Angeles Dodgers Foundation (LADF) has spent $14.9 million dollars building 57 Dodgers Dreamfields; and WHEREAS, the LADF boasts the following measurable influences and positive changes:
81% increase in baseball participation
61.8% increase in softball participation
66.7% increase in overall park usage and programming
64% increase in people visiting the park
94.7% increase in a positive change in the park’s environment 70% of park directors reported the Dreamfields contributed to a safe park environment; and
WHEREAS, the City of Compton received three (3) proposals for baseball field maintenance:
Major League Construction Services: $4850.00/monthly
Major league Infields, Inc. $4100,00/monthly
Master Landscape & Maintenance, Inc. $4600.00/monthly
WHEREAS, Major League Infields, Inc. submitted the lowest most responsive proposal for monthly baseball field maintenance; and
WHEREAS, the company will provide maintenance which will include; mow turf once (1) per week, edge/weed once (1) per week and chemically test and treat undesirable vegetation once (1) per month at a cost of $4100.00/monthly ($49,200 annually); and
WHEREAS, this expenditure of Forty-Nine Thousand Two Hundred Dollars is available in the City’s Fiscal Year 2022-2023 budget in Public Works Street Maintenance Account 1004-720-000-4266 (Contract Services).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager is hereby authorized to accept the proposal of Major League Infields Inc. for baseball field maintenance of the Dodgers Dreamfield at Gonzales Park.
Section 2.That the City Manager is hereby authorized to establish a purchase order in the amount of Forty-Nine Thousand Two Hundred Dollars ($49,200) available in the City’s 2022-2023 FY budget in Public Works Street Maintenance Account 1004-700- 4269 (Contract Services).
Resolution No. __________
Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and Public Works Street Maintenance Department.
Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of _________________, 2022.
____
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________ ___
CITY CLERK OF THE CITY OF COMPTON
SERVICES CONTRACT
BETWEEN
MAJOR LEAGUE INFIELDS, INC.
AND
CITY OF COMPTON
This CONTRACT is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and Major League Infields, Inc. (hereinafter referred to as “CONTRACTOR”) located at 2510 North Grand Avenue, Suite 110, Santa Ana, California 92705, pursuant to Resolution No. ___________, adopted by the City Council on _______________.
WITNESSETH:
That the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as follows:
1. Services to be Performed by Contractor.The Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for providing regularly scheduled maintenance of the Dodger Dreamfield at Gonzales Park 1500 E. Rosecrans Avenue Compton.
A. Dodger Dreamfield – Gonzales Park
Weekly Services:
Mow Turf: Using a Fairway Rel Mower one (1) time each week, cut all turf to a height of 1”. Clean up and dispose of all clippings and unwanted debris. Price includes labor, equipment and disposal.
Edge and Weed: Using a gas-powered edger one (1) time each week, edge all perimeter borders where turf meets infield mix and hardscapes. Where necessary, vegetation will be removed from infield mix and hardscape areas using a sod cutter and hand tools. Price includes all labor and equipment.
Monthly Services:
Chemically Treat Undesired Vegetation: On one (1) occasion each month, spray Roundup and Speed Zone chemicals to control all undesirable vegetation. Price includes chemical materials and labor.
Contractor will be responsible for the professional quality, technical accuracy and coordination of the work. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the work. Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense (except chemicals, to be provided by City), as are necessary to perform and complete the work in a good worker-like and substantial manner and to the satisfaction of the City.
Contractor shall bear all costs associated with this work, including, but not limited to, all professional, technical, clerical work, materials, tools, equipment, transportation, telephone, etc. (except for those items that go beyond the scope of work specified above or that the City expressly agrees to provide or perform), used by Contractor in connection with the work.
Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor's staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Contract by all of Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
its employees and subcontractors, if any, and will keep the services under its control.
1.1 Key Personnel.
.a Contractor’s Representative. Contractor hereby designates Patrick L. May, Vice President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.
.b City’s Representative. City hereby designates the Damion Timmons, Street Superintendent or his/her designated representative as City’s Representative for this Contract.
2. Term of Contract.The term of this Contract shall be effective Fiscal Year 2022-2023 from July 1, 2022 through June 30, 2023, unless this Contract is extended or terminated as provided herein.
Time is of the essence in performance of the services pursuant to this Contract.
3. Compensation.
The method of payment for this Contract shall be based on the following agreed monthly rates for services rendered.
Weekly/Monthly maintenance services Dodger Dreamfield at Gonzales Park $4100. per month.
Rates will be prorated for any month that full services are not performed.
The services to be performed by the Contractor shall be weekly and/or monthly for the term of this Contract. Services performed are for labor, equipment and chemicals. The fees charged by the Contractor shall include compensation for all work and labor, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Contractor and the City. Adjustment in the total compensation will not be effective until authorized by written approval by the City and Contractor.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoice(s) for services rendered during the period reflected in the invoice. Contractor’s invoice(s) shall be delivered or mailed to the Damion Timmons, Street Superintendent at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
In the event of termination, the Contractor shall be entitled to compensation for the undisputed reasonable value of work performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Contractor’s delivery to the City of any and all City property, documents, reports, records and materials associated with the performance of this Contract.
The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.
4. Safety.
4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.
Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
. aEmployees and all other persons at the location where services are rendered (Dreamfield at Gonzales Park (“Site”);
.bMaterials and equipment stored on the Site or off the Site at locations for use in performance of the work; and
.cThe assigned project Site and all property located at the Site, whether or not said property or structures are part of the project or involved in the work.
4.3Contractor shall designate an individual at the Site of the assigned project in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
4.4Losses not insured under property insurance which may arise from the performance of the work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.
4.5If City deems any part of the work or Site unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the contract price or contract time.
4.6Contractor shall immediately notify the City of any illegal dumping of hazardous materials and other emergency public safety issues observed at the Site where services are performed.
5. Indemnity.Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereafter the “CITY”) against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save the City from any and all liability or expense, including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Worker’s Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions of the Contractor in the performance of this Contract, including operations of subcontractors and acts or omissions of employers or agents of the Contractor or its subcontractors.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the City.
6. Insurance.The Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor shall provide and maintain at its own expense during the term of this Contract the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Contract. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
6.1 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
under the terms of the Contract. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
.a Commercial General Liability.Contractor shall provide and maintain at its own expense during the term of this Contract a policy of Commercial General Liability, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
.b Automobile Liability: Contractor shall provide and maintain at its own expense during the term of this Contract a policy of Automobile Liability Insurance, ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. .c Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than $1,000,000 per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
6.2 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. .aThe policy of insurance required by Section 6.1.a (Commercial General Liability) shall be endorsed to provide the following:
(1)Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Contract.
(2)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium. .bThe policy of insurance required by Section 6.1.b (Automobile Liability) shall be endorsed to provide the following:
(1)Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Contract.
(2)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium. .cThe policy or policies of insurance required by Section 6.1.c (Workers' Compensation) shall be endorsed to provide the following:
(1)Waiver of Subrogation: A waiver of subrogation stating that the insurer waives Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
all rights of subrogation against the indemnified parties. (2)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
6.3 Waiver of Subrogation.Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
6.5 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
6.6 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
6.7 Insurance for Subcontractors.All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies.
7. Nondiscriminatory Employment Practices.During the performance of this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part.
8. Successor and Assigns.City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, Contracts and obligations contained in this Contract. Neither party to the Contract shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. Any attempted assignment of this Contract without the written consent of both parties is void.
Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
9. Independent Contractor Status.Contractor, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Contract. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Contract that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City.
Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.
10. Subcontracting.Except as may be agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Contract will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
11. Permits and Licenses.Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by Contractor.
Prior to or at the time of execution of this Contract, the Contractor shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
12. Termination.Notwithstanding any other provisions of this Contract, this Contract may be terminated as follows:
12.1If the Contractor becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.
12.2If the Contractor persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.
12.3 The Contractor fails to perform or breaches any material obligation under this Contract, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.
If the City gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the City. Upon termination, Contractor shall furnish to the City a final invoice for work performed.
13. Force Majeure.In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
Contractor or any of Contractor’s subcontractors), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Contract upon any event that renders performance impossible. In such case, City shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.
14. Waivers.A waiver by either party to this Contract of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
15. Amendments.This Contract may be modified or amended only by written document executed by both Contractor and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Contract.
16. Notice.All notices, demands or requests to be given under this Contract shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after sent by facsimile transmission.
Contractor: Major League Infield, Inc.
508 E. Chapman Avenue
Fullerton, California 92632
Attn: Patrick L. May, Vice President
(818) 355-2167
(818) 355-2169
City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Damion Timmons, Street Superintendent
(310) 605-5691
(310) 609-1753 – fax.
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
17. Contractor’s Books and Records.Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the City for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Contractor shall maintain all documents and records which demonstrate performance under this Contract for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City or a designated representative. Copies of such documents shall be provided to the City, at its expenses, for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Contract.
Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________
18. Examination and Audit.This Contract shall be subject to examination and audit of the City, State Auditor of the State of California and/or any duly authorized representative of the federal government, at the request of the City, or as part of any audit of the City, for a period of three (3) years, or longer if required by law, after final payment under this Contract.
19. Extent of Contract.This Contract and any attachments hereto, constitute the entire understanding and Contract of the parties. This Contract integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous Contracts between the parties with respect to all and any part of the subject matter hereof. Neither party has been induced to make or enter into this Contract by reason of promise, Contract, representation, statement or warranty other than as herein contained. Nothing in this Contract shall create any contractual relations between any subcontractor and the City.
20. Governing Law, Jurisdiction and Venue.This Contract shall be governed by and construed under the laws of the State of California. In the event of litigation between the parties, venue shall lie exclusively in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
Should any part of this Contract be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect, provided that the remainder of this Contract, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.
21. Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Contract, the relationship between City and Contractor, Contractor’s performance on each project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its subcontractors who provide work on any assigned projects, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.
22. Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Contract. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Contract.
23. Miscellaneous.No provision of this Contract is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Contract, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, Contractor has executed this Contract and the City, by its City Manager, who is authorized to do so, has executed this Contract.
MAJOR LEAGUE INFIELDS, INC.
CONTRACTOR
Dated: ________________ By _____________________________ Services Agreement – Major League Infields, Inc.
Baseball Field Maintenance Service – Dodger Dreamfield at Gonzales Park Resolution No. ___________