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Home My Public Portal AboutA 2013-06-04CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON JUNE 4, 2013 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. SALVADOR ALATORRE MAYOR RAMON RODRIGUEZ MAYOR PRO -TEM JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L. HALEY CITY CLERK MARIA QUINONEZ OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Jim Morton Maria T. Santillan -Beas Ramon Rodriguez Salvador Alatorre 4. PLEDGE OF ALLEGIANCE 5. INVOCATION A" o MAY 3 0 2013 CITY OF LYNWOOD CITY OFFICE AIDE CASTRO COUNCILMEMBER MARIA TERESA SANTILLAN -BEAS COUNCILMEMBER CITY ATTORNEY FRED GALANTE CITY TREASURER EDWIN HERNANDEZ 6. PRESENTATIONS /PROCLAMATIONS • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY • LYNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON - AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) PUBLIC HEARING ADOPTION OF FY 2013 -14 BUDGET Comments: On May 14, 2013, the City Council held its first budget workshop on the Proposed FY 2013 -2014 Budget and received reports from all departments on their budgets and respective service impacts. At the May 14th Budget Workshop, the City Council provided direction and recommendations to the FY 14 Proposed Budget, hereto attached as Exhibit A, an addendum to the proposed budget. However, no decisions and formal action to adopt the FY 14 Proposed Budget and proposed changes were taken by Council at the meeting. (FIN) Recommendation: Staff recommends that the City Council and Successor Agency open a public hearing, receive a presentation on the proposed Fiscal Year 2013 -14 (FY 14) Budget, accept public comments, close the public hearing, and each adopt the respective attached resolutions entitled: A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2013 -14 BUDGET WITH APPROPRIATE CLASSIFICATION /POSITION CHANGES A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FY 2013 -14 SUCCESSOR AGENCY BUDGET A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FY 2013 -14 MASTER FEE SCHEDULE • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2013 -14 PURSUANT TO ARTICLE XIIB OF THE CALIFORNIA CONSTITUTION 9. ZONING ORDINANCE AMENDMENT NO. 2013 -05 Comments On May 14, 2013, the Lynwood Planning Commission and Parking & Business Improvement District Board approved Zone Ordinance Amendment No. 2013 -05 to amend Lynwood Municipal Code Section 25 -70. (DS) Recommendation: Staff recommends that the City Council conduct the public hearing, introduce the attached ordinance for first reading entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -05 AMENDING ARTICLE 70 OF CHAPTER 25 RELATING TO HIGHWAY /FREEWAY ORIENTED SIGNS AND OFF SITE OUTDOOR ADVERTISING DISPLAYS' by title only. 10. PROPOSED DEVELOPMENT AGREEMENT FOR INSTALLATION AND OPERATION OF BILLBOARD AT OAKWOOD PLAZA Comments: Ordinance No._ is being considered to be introduced by the City Council on June 4, 2013, concurrently with this agenda report. This proposed ordinance revises and updates the Lynwood Zoning Code, Article 70, Chapter 25, to create development standards for digital billboards, as well as the other displays within the City, including those authorized in major City corridors. The updates to the Zoning Code also authorizes development agreements for installation and operation of billboards, including those with digital displays, so the City has greater ability and flexibility to govern billboard uses. The proposal submitted by the applicant here conforms to the Ordinance in terms of sign size; sign height; and placement. The Development Agreement contains provisions from the updates to the Zoning Code governing location, appearance, and maintenance. The Development Agreement also requires the Applicant to pay an annual development fee to the City of the greater of $50,000.00 per year ( "minimum annual fee ") or 10% of net revenues to mitigate potential impacts of the project to the City. The minimum annual fee is increased by 10% at years 6, 11, 16, and 21 of the initial 25 year term. (CA) Recommendation: City Staff respectfully request that the City Council conduct the public hearing and introduce Ordinance No. _, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION AND OPERATION OF A NEW BILLBOARD ON PROPERTY LOCATED AT 11123 LONG BEACH BOULEVARD IN THE COMMERCIAL (C -3) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF." CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 11. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated June 4, 2013 for FY 2012 -2013. Recommendation: Staff recommends that the City Council approve the warrant register. 12. SELECTION OF COLLECTION AGENCY FIRM Comments Based on a thorough review of the responses to the RFP for the delinquent account collection services, the selection panel recommends awarding the contract to Sequoia Financial Services. (FIN) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTION OF A COLLECTION AGENCY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FIRM '. 13. CERTIFICATION, REVIEW, AND GRANTING OF UTILITY USERS' TAX EXEMPTIONS FOR CALENDAR YEAR 2013 Comments: The purpose of this item is to have the City Council review and approve the certified list of Utility Users' Tax Exemptions, as required by Resolution No. 90 -191, Section 5 Q). (FIN) Recommendation: Staff recommends that the City Council review and approve the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CERTIFIED LIST OF UTILITY USERS' TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2013 THROUGH DECEMBER 31, 2013, AND GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED LIST ". 14. REPORT ON LEGISLATIVE ADVOCACY GROUP'S PERFORMANCE Comments: At the request of the City Council at the FY 14 Budget Workshop, a report on the work performance of Legislative Advocacy Group (LAG) was asked to be presented at the June 4`" Council Meeting. Since 2005, the City has been contracting with LAG to provide professional lobbying and advocacy services. (FIN) Recommendation: Staff recommends that the City Council receive and review the report on Legislative Advocacy Group's (LAG) scope of duties and grant performance for the City and file accordingly. 15. UPDATE ON CALIFORNIA CONSULTING, LLC GRANT WRITING SERVICES Comments At the May 14`" FY 14 Proposed Budget Workshop, City Council requested that a status update be brought back to Council on the performance of California Consulting, LLC's grant writing services to the City. In February 2012, the City Council approved a six - month agreement with California Consulting, LLC to provide grant writing services. On September 18, 2012, the City Council amended its agreement with California Consulting, LLC to extend the term of the agreement for one year and reduce the monthly compensation rate from $4,000 to $3,000 monthly for services provided to the City. Since the extension of the City's agreement with California Consulting, staff has been working with the consultant to obtain grants that would be most beneficial to the City. (FIN) Recommendation: Staff recommends that the City Council receive and file this report. 16. RESOLUTION DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORTUNE TELLING ACTIVITIES IN THE CITY OF LYNWOOD Comments Botanica San Pedro submitted an application to the City for a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such as candles, oils, wind chimes, and charms within Plaza Mexico, located at 3100 E. Imperial Highway, Unit H -8. On May 7, 2013, the City Council conducted a duly noticed hearing to consider such application and found that the applicant failed to meet its burden of proof to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City per Lynwood Municipal Code ( "LMC ") sections 4 -8.1 through 4 -8.7 and section 4 -12. As such, the City Council closed the public hearing and directed City staff to return with a resolution for the City Council's consideration, incorporating the findings made by the City Council at such public hearing. (CA) Recommendation: City Staff respectfully request that the City Council consider and approve the attached Resolution, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORETUNE TELLING ACTIVITIES AT 3100 E. IMPERIAL HIGHWAY, UNIT H -8." 17. LYNWOOD LIGHTING ASSESSMENT DISTRICT NO. 2013 -A, FY 2013 -14 Comments: This report recommends that the City Council approve the attached Engineer's Report for the Lynwood Lighting Assessment District and adopt a Resolution of Intention, which sets this matter for a public hearing. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITYO F LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEC., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LIGHTING ASSESSMENT DISTRICT. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 WITHIN THE LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY 2, 2013. 18. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2012 -L FY 2012 -2013 Comments: This report recommends that the City Council approve the attached Engineer's Report for the Lynwood Landscape Maintenance Assessment District and adopt a Resolution of Intention, which sets this matter for a public hearing. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEC., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -14 WITHIN THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEC.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY 2, 2013. 19. CONTRACT EXTENSION, LYNWOOD TROLLEY BUS SERVICE Comments: To prevent interruption of transportation services while the RFP process and bidding process is completed additional time is needed. MV Transportation Inc. the current service provider has agreed to continue service at the same rate. (PW) Recommendation: Staff recommends that the City Council adopt the attached entitled resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION, INC. UNTIL SEPTEMBER 8, 2013 '. 20. NOVEMBER 5, 2013 GENERAL MUNICIPAL ELECTIONS Comments: The next general municipal election in the City of Lynwood is scheduled for November 5, 2013, the attached resolutions calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2013, requesting the Board of Supervisors of the County of Los Angeles to consolidate a general municipal election and adopting regulations for candidates for elective office pertaining to candidates' statements require city councils approval. (CC) Recommendation: Staff recommends that the City Council approve and adopt the attached resolutions entitled: 1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES ": and 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE "; and 3. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013 ". CITY COUNCIL ORAL AND WRITTEN COMMUNICATION SALVADOR ALATORRE, MAYOR RAMON RODRIGUEZ, MAYOR PRO -TEM AIDE CASTRO, COUNCILMEMBER JIM MORTON, COUNCILMEMBER MARIA T. SANTILLAN -BEAS, COUNCILMEMBER CLOSED SESSION NONE ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON JUNE 18, 2013 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Cp LT^,�- °4 Y°�n� ° AGENDA STAFF REPORT DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council Honorable Mayor and Members of the City Council as the Successor Agency of the Lynwood Redevelopment Agency APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Amanda Roberson, Director of Finance O' Steven Avalos, Administrative Analyst II Delania Whitaker, Administrative Analyst Il SUBJECT: Adoption of the FY 2013 -14 Budget Recommendation: Staff recommends that the City Council and Successor Agency open a public hearing, receive a presentation on the proposed Fiscal Year 2013 -14 (FY 14) Budget, accept public comments, close the public hearing, and each adopt the respective attached resolutions entitled: • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2013 -14 BUDGET WITH APPROPRIATE CLASSIFICATION /POSITION CHANGES • A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FY 2013 -14 SUCCESSOR AGENCY BUDGET • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FY 2013 -14 MASTER FEE SCHEDULE • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2013 -14 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION ITEM Background: On May 14, 2013, the City Council held its first budget workshop on the Proposed FY 2013 -2014 Budget and received reports from all departments on their budgets and respective service impacts. The FY 14 General Fund Proposed Budget contained recommended actions to reduce overall expenditures by 2.9% (or $861K) from the FY 13 Adopted Budget. It is important to note that the FY 14 Proposed General Fund Budget was a balanced budget, where revenues were slightly higher than expenditures, with no use of reserves. FY 14 Proposed General Fund expenditures in the amount of $28.8 million were offset by $28.8 million in projected revenues. For FY 14, staff proposed that General Fund expenditures stay below General Fund projected revenues to avoid depleting the General Fund reserves. To achieve this, staff recommended reductions in operations and workforce. The budget included transfers out for debt service payments and to pay down deficit funds. Based on the projected revenues and proposed expenditures, it was anticipated that the General Fund would end FY 14 with $4.8 million in reserves. Please note that the City's auditor may adjust the General Fund reserves by categorizing certain portions of the reserve as non - spendable or restricted based on obligations, payables, and receivables. At the May 14 Budget Workshop, the City Council provided direction and recommendations to the FY 14 Proposed Budget, hereto attached as Exhibit A, an addendum to the proposed budget. However, no decisions and formal action to adopt the FY 14 Proposed Budget and proposed changes were taken by Council at the meeting. Subsequent to the May 14` Budget Workshop, City staff was notified by the County of Los Angeles that the estimated fee for Fire Suppression and Emergency Medical Services will increase from 1.04% to 4.13% due to a new MOU which includes a 2% cost of living adjustment and 2.13% increase for employee benefits. Although, staff is currently working with the County of Los Angeles on alternative options, this additional increase will be reflected in the revised FY 14 Proposed Budget. If no options can be reached, the additional increase will result in the use of $162K in General Fund reserves. Discussion & Analysis: FY 14 Proposed Budget Overview The FY 14 Proposed Budget was developed in the context of a sluggish economic recovery with an expectation that the City's major revenues: property tax, sales tax, and utility user's tax revenues will remain flat based on FY 13 revenue performance. The proposed budget also focuses on meeting the Council's reserve policies for the General Fund, Garage Fund, and Water Enterprise Fund, as well as the Contingency Set Aside policy. 2 The Citywide expenditure budget, including transfers between funds, and excluding the Successor Agency, totals $103.9 million and is funded by $95.0 million in revenues and the use of $9.0 of available reserves, including bond proceeds for capital projects. The Citywide budget includes all funds and programs, such as the Water Enterprise Fund, HUD Funds, Street Lighting and Landscape Maintenance Assessment Districts, and the General Fund. FY 14 PROPOSED BUDGET — ALL CITY FUNDS FY 13 Adopted Budget FY 14 City Manager Proposed Budget As of 5114113 FY 14 City Manager Proposed Budget As of 6/4113)** % Change Revenues General Fund $28,879,633 $28,836,298 $28,836,298 0.2% Capital Improvement Projects 18,958,494 22,146,055 22,146,055 16.8% Other Funds 40 606 074 43 987 080 43 987 080 8.3% Total Revenues' $88,444,201 $94,969,433 $94,969,433 7.4% Ex enditures General Fund $29,616,217 $28,755,043 28,917,484 2.4% Capital Im rovementPro'ects 18,604,171 22,160,314 22,160,314 19.1% Other Funds 53 353 265 52 859 525 52 859 525 0.9% Total Expenditures $101,573,653 $103,774,882 $103,937,323 2.3% Use of Reserves $13,129,452 $8,805,449 $8,967,890 31.7% Based on additional increase for Fire Suppression and Emergency Medical Services. The FY 14 General Fund Proposed Budget contains recommended actions that reduce overall expenditures by 2.4% (or $699K) from the FY 13 Adopted Budget. FY 14 Proposed General Fund expenditures in the amount of $28.9 million are offset by $28.8 million in projected revenues and $81 K in General Fund reserves. To avoid excessive use of General Fund reserves, staff recommends reductions in operations and workforce. The budget includes transfers out for debt service payments and to pay down deficit funds. Based on the projected revenues and proposed expenditures, it is anticipated that the General Fund will end FY 14 with $4.7 million in reserves. Please note that the City's auditor may adjust the General Fund reserves by categorizing certain portions of the reserve as non - spendable or restricted based on obligations, payables, and receivables. ' Excludes Successor Agency Funds 3 FY 14 PROPOSED GENERAL FUND BUDGET ** Based on FY 12 actual results. 0 FY 13 Adopted Budget FY 13 Year -End Estimate FY 14 City Manager Proposed Budget As of 5/14113 FY 14 City Manager Proposed Budget As of 6/4/13)** REVENUES Property Tax & VLF Swap $8,588,792 $8,602,716 $8,739,735 $8,739,735 Sales Tax 3,651,947 3,684,271 3,935,442 3,935,442 Utility User's Tax 5,534,311 5,068,989 5,165,519 5,165,519 Franchise Fee 1,194,000 1,204,993 1,196,000 1,196,000 Business License and Other Tax 871,200 920,595 874,750 874,750 Charges for Current Services 3,301,453 3,224,758 3,228,950 3,228,950 Fines, Forfeits, and Penalties 1,604,000 1,526,000 1,582,000 1,582,000 Other Revenues 2,036,821 2,765,350 2,155,052 2,155,052 Transfers In 2,097.109 2,076.571 1,958,850 1,958.850 TOTAL REVENUES $28,879,633 $29,074,243 $28,836,298 $28,836,298 EXPENDITURES Operational Expenditures $27,882,233 $27,567,396 $27,120,190 $27,282,631 Transfers Out Debt Service) 717,003 717,003 721,394 721,394 Transfers Out (OPEB/ Self Insurance Fund 389,200 389,200 289,200 289,200 Transfers Out Park Replacement Fund 276,656 276,656 276,656 276,656 Transfers Out (Landscape Maintenance Fund 197,889 197,889 177,889 177,889 Transfers Out Street Lighting Fund 58,315 58,315 58,315 58,315 Transfers Out Traffic Safety Fund 52,425 52,425 52,425 52,425 Transfers Out (Finance Authority Fund) 12,023 12,023 12,023 12,023 Transfers Out (Contingency) 0 10,000 16,478 16,478 Transfers Out (Prior Years' Deficits) 0 0 0 0 Transfers Out (Other Funds) 30,473 30,473 30,473 30,473 TOTAL EXPENDITURES $29,616,217 $29,311,380 $28,755,043 $28,917,484 USE OF RESERVES /SURPLUS $736,584 $237,137 $81,255 $81,186 BEGINNING FUND BALANCE 5,083,849 ** 5,021,009 4,783,872 4,783,872 ENDING FUND BALANCE $4,347,265 $4,783,872 $4,865,127 $4,702,686 ** Based on FY 12 actual results. 0 FY 14 Fiscal Issues & Challenges Staff has identified the following critical fiscal issues: • Stable Revenues — General Fund revenues remain flat. The City should consider additional sources of revenues to continue to meet expectations for community services. • Public Safety — Public Safety is the City's number one priority. The budget for Public Safety is the largest General Fund expenditure at almost 50% of the total General Fund budget. The cost for providing Sheriff and Fire services continues to increase annually. For FY 14, the cost will increase by 2.4% (or $190K) and 4.13% (or $219K), for Sheriff and Fire respectively. It is important to note that the City Manager's Proposed Budget (presented at the May 14 Budget Workshop) was based on the County of Los Angeles' preliminary estimate of 1.04% for Fire Suppression and Emergency Medical Services. Staff was notified of the additional increase after the May 14 Budget Workshop. Although staff is currently working with the County of Los Angeles on alternative options, this additional increase is reflected in the revised FY 14 Proposed Budget. • Health Insurance Premiums — Although the City has "capped" the amount of health insurance paid by the City (at the Kaiser Family Rate), health benefits remain the fourth largest expense for the City behind Public Safety, salaries, and CalPERS employer contributions. In FY 13, it is estimated that the City will pay approximately $2.2 million for medical, dental, vision, and life insurance benefits for active employees. In January 2013, health insurance premiums increased by 8% and are expected to increase at a similar rate in January 2014. • Other Post - Employment Benefits Liability — The City must increase its $500,000 annual contribution (paid from the Self- Insurance Fund) to address a projected cumulative liability of $18.5 million to fully fund lifetime medical, dental, vision, and life insurance benefits for the City's retirees by 2021. • Deficit Funds — The City must continue to reduce the cumulative deficits in the Traffic Safety, Street Lighting, TEA Grant, Park Replacement, and Self- Insurance Funds estimated at $4.0 million at the end of FY 13. It is anticipated that the accumulated deficit in the Landscape Maintenance Fund will be eliminated by the end of FY 13. The General Fund subsidized $1.0 million in FY 13 to pay down the deficit funds. The accumulated deficit has decreased 44% since FY 2010. This is significant given the fact that the three major bond credit rating agencies have indicated they will downgrade the City's credit rating if the City does not continue to eliminate these prior years' deficits. • Reserves — The City should maintain compliance with the General Fund Reserve Policy to meet unexpected emergencies and to stabilize operations. 5 CalPERS recently approved new actuarial policies that are aimed at returning the System to fully- funded status within 30 years. Although the changes will not be implemented until FY 16, and even though they will be phased in over five years, they will result in increased employer contributions for the City. Additional increases in employer contributions are expected due to changes in actuarial assumptions (i.e. mortality rates) and the discount rate. The total increase for the period between FY 16 and FY 20 is estimated at 10% to 11 %. Please note that this does not impact the FY 14 budget, but will significantly impact the General Fund and other key funds beginning in FY 16. FY 14 Proposed Budget Highlights The FY 14 Proposed Budget is the third year of a multi -year approach addressing the fiscal issues and challenges listed above. The FY 14 Proposed Budget recommends the following actions: 1) To eliminate 2 filled full -time positions. 2) To eliminate 3 vacant positions. 3) To reduce operational expenditures by $600K. 4) To increase rates charged to departments to cover the annual cost of programs included in the Self- Insurance Fund to prevent subsidies from the General Fund. 5) Allocate costs from the General Fund to other funds to reduce General Fund expenditures (i.e. insurance premiums, security). 6) Continue to transfer revenues in the next seven years from the General Fund to the deficit funds to eliminate prior years' deficits in the Traffic Safety, Lighting Maintenance, TEA Grant, Park Replacement, and Self- Insurance Funds. 7) Maintain General Fund reserves at the end of FY 14 at $4.7 million. These recommendations were incorporated in the FY 14 Proposed Budget presented to the Council at the May 14` Budget Workshop. C May 14 Budget Workshop At the May 14` Budget Workshop, the City Council provided further direction to staff to incorporate several recommended amendments to the FY 14 Proposed Budget. All recommended actions are listed in the attached addendum, Exhibit A, and an overview is summarized below: • Restore City Council's Travel & Meetings Budget - $10,000 (General Fund) • Restore Finance & Administration Department's Machinery & Equipment, Maintenance & Equipment, and Rental Buildings & Equipment Budget - $6,904 (General Fund) and $8,500 (Water Fund) • Restore Special Projects Manager Position - $101,518 (General Fund), CDBG ($11,594) • Restore Development Services Operational Budget - $29,915 (General Fund) • Restore Part-Time Hours for Recreation Specialist - $7,067 (General Fund) To offset some of the above increases for the General Fund, staff proposes that the cost of providing security services be allocated to all City Departments. This would save the General Fund $23,826. As noted above, subsequent to the May 14 Budget Workshop, City staff was notified by the County of Los Angeles that the estimated fee for Fire Suppression and Emergency Medical Services will increase from 1.04% to 4.13% due to a new MOU which includes a 2% cost of living adjustment and 2.13% increase for employee benefits. Although, staff is currently working with the County of Los Angeles on alternative options, this additional increase is reflected in the revised FY 14 Proposed Budget. If no options can be reached, the additional increase will result in the use of $162K in General Fund reserves. On May 30 the City was notified that we will receive an additional CDBG allocation in the amount of $47,304 and HOME allocation in the amount of $14,685. Of that additional funding, $26,685 will be used for programs administered by Community Development staff, and $35,304 will be used for Code Enforcement and the Senior Citizen Program. The additional funding in the amount of $35,304 for Code Enforcement and the Senior Citizen Program will alleviate the General Fund. If all the recommendations in Exhibit A are adopted, as a supplement to the FY 14 Proposed Budget, including the additional increase for Fire Suppression and Emergency Medical Services and the additional allocation for Code Enforcement and the Senior Citizen Program, $143K in General Fund reserves will be needed to balance F the budget. If approved, the projected fund balance would still be $4.7 million at the end of FY 14. Revenue Enhancement Since FY 10, property and sales tax revenues have increased by a combined 6.7% (or $770K). During that time, UUT revenues have decreased by 13.8% (or $810K). Revenue increases in property and sales taxes have been offset by declining UUT revenues, which have resulted in flat revenues. The lack of general growth in revenues has deepened the use of the City's reserves to stabilize the City's operations. Rather than only focusing on cuts, staff recommends that Council consider increasing revenues as well. Potential Revenue Enhancements include: • Human Resources Background Check Fees Proposed Fee: Varies Based on Actual Cost of Service FY 2013/14 Anticipated Revenue: $1,250 • Parking Enforcement Graduated Fines — Repeated Violations Proposed Fee: Varies FY 2013/14 Anticipated Revenue: $150,000 - $200,000 Violation Specific Vehicle Release Fee Proposed Fee: Varies FY 2013/14 Anticipated Revenue: $150,000 - $200,000 Overnight Permit Based Parking — City Owned Parking Lots Proposed Fee: $30 per Month FY 2013/14 Anticipated Revenue: $88,200 • Public Relations — Marketing Lynwood N' Perspective Advertising Fees Proposed Fees: Varies Based on Ad Size FY 2013/14 Anticipated Revenue: $2,500 3 Fiscal Impact: If City Council elects to adopt the FY 14 Proposed Budget, as presented at the May 14 Budget Workshop, including the additional increase for Fire Suppression and Emergency Medical Services, $81 K in General Fund reserves will be needed to balance the budget. If approved, the projected fund balance would be $4.7 million at the end of FY 14. If the City Council elects to adopt the FY 14 Proposed Budget with the attached addendum, Exhibit A, including the additional increase for Fire Suppression and Emergency Medical Services, and the additional allocation for Code Enforcement and the Senior Citizen Program, $143K in General Fund reserves will be needed to balance the budget. If approved, the projected fund balance would still be $4.7 million at the end of FY 14. Coordinated With: City Attorney All Departments Attachments: Resolutions Exhibit A — May 14` Budget Workshop Recommendations Exhibit B — Proposed FY 2013 -14 Master Fee Schedule Exhibit C — FY 2013 -14 Appropriations Limit Calculation 01 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2013 -2014 BUDGET WITH APPROPRIATE CLASSIFICATION /POSITION CHANGES WHEREAS, the City Council of the City of Lynwood (the "City Council ") reviewed the City Manager's Fiscal Year 2013 -2014 Proposed Budget for the City of Lynwood attached herein and made a part of this resolution through this reference; and WHEREAS, the City satisfied the General Fund and Water Enterprise Fund Reserve requirements and anticipate the following ending fund balances for FY 2013- 2014: $4.8 million for the General Fund and $14.5 million for the Water Enterprise Fund; and WHEREAS, the agenda for the June 4, 2013 meeting of the City Council was duly posted, and the City Manager's FY 2012 -13 Proposed Budget and all related agenda material were made available to the interested parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1 . The City of Lynwood budget for Fiscal Year 2013 -14 is hereby adopted as presented in the City Manager's FY 2013 -14 Proposed Budget. All actions covered by this resolution shall be carried out in the ordinary course of business consistent with the current ordinances, resolutions and Personnel Rules and Regulations of the City to the extent that the same apply to the complemented actions. Section 2 . The Fiscal Year 2013 -14 Budget is hereby amended by adding, deleting, reclassifying, and /or transferring the classifications /positions and their funding as follows: # of FTEs Action Position Title Department 1 Delete Special Project Manager Development Services Department 1 Delete Senior Administrative Analyst City Manager's Office 1 Delete Administrative Assistant Public Relations Department 1 Delete Administrative Analyst I Public Works Department 1 I Delete Custodian Public Works Department City departments reorganized to provide services in a more efficient manner, to include transfers from one department, to another, as follows: # of FTEs Position /Division Title From To 2 Business License Specialist City Clerk's Office To be determined by Council 1 Code Enforcement Officer City Clerk's Office To be determined by Council Section 3. That the deletion of filled positions may be subject to meet and confer obligations with the employee bargaining units and that the City Manager is authorized to adjust the adopted budget to comply with the terms of existing employee agreements approved by the City Council. Section 4. That the City Manager or his designee is authorized to carry over incomplete Capital Improvement Projects with remaining account balances and available funding sources from the prior fiscal year, to allow the work in progress relative to these projects to continue in an uninterrupted manner contingent upon revenues being available. Section 5. The City Manager or his designee is authorized to approve any transfer between accounts provided that they are within the same department and the same fund. Section 6. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 4th day of June 2013. Sal Alatorre Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Amanda Roberson Director of Finance 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE FY 2013 -14 SUCCESSOR AGENCY BUDGET WHEREAS, the City Council as Successor Agency to the Lynwood Redevelopment Agency reviewed the City Manager's Fiscal Year 2013 -14 Proposed Budget for the Successor Agency attached as Exhibit "D "; and WHEREAS, the agenda for the June 4, 2013 meeting of the City Council as Successor Agency to the Lynwood Redevelopment Agency was duly posted, and the City Manager's Fiscal Year 2013 -14 Proposed Budget for the Successor Agency and all related agenda material were made available to all interested parties. NOW, THEREFORE, THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The Successor Agency budget for Fiscal Year 2013 -14 is hereby adopted as presented in the City Manager's FY 2013 -14 Proposed Budget. Section 2. The City Manager or his designee is hereby authorized to approve any transfer between accounts, provided that they are within the same department and the same fund. Section 3 . This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4 th day of June 2013. Sal Alatorre President ATTEST: Maria Quinonez Secretary Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante Authority Counsel APPROVED AS TO CONTENT: Amanda Roberson Director of Finance 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED FEE REVISIONS AND ADOPTING THE FY 2013 -14 MASTER FEE SCHEDULE WHEREAS, the City of Lynwood is a general law city under California law with a recognized mandate to preserve, protect and enhance the general health and welfare of its residents; and WHEREAS, the Government Finance Officers Association (GFOA) states: "A government should adopt policies that identify the manner in which fees and charges are set and the extent to which they cover the cost of the service provided'; and WHEREAS, the Master Fee Schedule allows the public and the City staff to obtain a better understanding of all fees, rates, and permits charged by the City of Lynwood; and WHEREAS, current charges are insufficient to cover all business costs associated with providing certain services; and WHEREAS, pursuant to Government Code §66016, the specific fees to be charged for services must be adopted by the City Council by resolution or ordinance, after providing notice and holding a public hearing; and WHEREAS, amendments for the Master Fee Schedule were presented to City Council on June 4, 2013: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council approves and adopts the revisions to the City of Lynwood's Master Fee Schedule, attached hereto as Exhibit "B ", and the revisions together with the fees in the Master Fee Schedule that were already previously approved shall form the FY 2014 Master Fee Schedule which is hereby adopted. Section 2 . That any existing fee not specifically enumerated in the attached Exhibit "A" shall remain in effect at the current level and shall be subject to the provisions of the legislative action that placed it into effect. Section 3 . Any action adopting or increasing a fee or charge for development projects may not take effect for at least 60 days upon adoption. Section 4 . All other fees that are not related to development projects fees are effective immediately upon approval. PASSED, APPROVED AND ADOPTED this 4 I day of June, 2013. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Sal Alatorre Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: Amanda Roberson Director of Finance RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2013 -14 PURSUANT TO ARTICLE X11113 OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the California Constitution states that the total annual appropriation subject to limitations of each government entity shall not exceed the appropriation limit of such entity of government, except for prior year adjustments in the cost -of- living or personal income and population, as noted in Article XIIIB and State Statues; and WHEREAS, pursuant to Article XIIIB of the California Constitution, and section 7900 et seq. of the California Government Code, the City of Lynwood is required to set its appropriation limit for each fiscal year by resolution, and approve appropriate inflation and population factors used in calculating the limit; and WHEREAS, the total annual appropriation subject to limitation has been computed in accordance with provisions set forth in Article XIIIB, Government Code Section 7900 et seq. and Proposition 111; and WHEREAS, detailed documentation used in calculating the appropriation limit for FY 2014 is available for review on file in the Finance and Administration Department, and a summary is provided in the attached Exhibit "C " , which is incorporated as a part of this resolution for reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City reserves the right to adjust or amend the appropriation limit based upon use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in an advantageous appropriation limit, now or in the future. Section 2. That the City of Lynwood's Appropriation Limit for FY 2014 is $29,083,504 as calculated under Exhibit "C ". Section 3. That the growth factors used in calculating the FY 2014 Appropriation Limit shall be the percentage change in California per capita income and the percentage change in population in the City of Lynwood. Section 4. The resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 4` day of June 2013. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Sal Alatorre Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: Amanda Roberson Director of Finance Exhibit A Summary of FY 14 Council Recommended Budget Reinstatements Council Proposed Reinstatement GF Amount Water Fund Other Fund Amount Amount I 1. Travel & Meetings 2. City Security Services cost allocation $ 10,000 5,661 Subtotal: 15,661 Keep Proposed Enhancement Proposals on Pat - Propose shift of Business License Division to welopment Services (3 FTE: 1 Code Officer, 2 isiness License Specialists - City Security Services cost allocation 5,661 Subtotal: 5,661 City Security Services cost allocation 5,661 Subtotal: 5,661 City Security Services cost allocation 5,661 Subtotal: 5,661 1. Mahinery & Equip /Repairs, Maint. & Equip/ Rental Bldgs & Equip 6,904 8,500 2. City Security Services cost allocation 17,000 17,000 Subtotal: 23,904 25,500 1. Potential Revenue for Background Check services - 2. City Security Services cost allocation 5,661 5,661 Lan we recuce Animal control it cone in -nouse contract w/ County (Deborah will provide Subtotal: - - i1. Change title of Public Information Officer to more closely reflect job duties _ _ 2. City Security Services cost allocation 5,661 - Subtotal: 5,661 - 1. PW can justify and assume work /service impacts amongst existing staff for eliminating vacant Custodian position and vacant Administrative Analyst position Exhibit A Summary of FY 14 Council Recommended Budget Reinstatements Council Proposed Reinstatement GF Amount Water Fund Other Fund 6. Rental Bldg/Equip Amount Amount 2. PW can defer hiring of Street Maintenance 96 - - Supervisor for 1 year. Existing staff member is 310 - - assuming supervisor capacity in the interim. 614 - - 3. City Security Services cost allocation 6,826 6,826 - 11. City Security Services cost allocation 6,826 6,826 - 1. Reinstate Special Projects Manager 101,518 2. Reverse addition of 1 new Code Enforcement (59,844) 3. Shift hours to CDBG (Code Officers) as a result (39,822) of increased CDBG Budget 4. Transfer in 1 Code Enforcement Officer at Step 70,405 A from Recreation Department 5. Prof /Contract Services 21,500 - - 6. Rental Bldg/Equip 1,504 - - 7. Other Fees for Services 96 - - 8. Office Supplies 310 - - 9. Operating Supplies 614 - - 10. Dues & Subscriptions 230 - - 11. City Security Services cost allocation 5,661 - - 102,172 1. Reinstate PIT Hours for Recreation Specialists for Administration division 7,067 - - 2. Cost allocate City security services to all depts (92,939 - - (85,872) - - 1. City Security Services cost allocation 5,661 Subtotal: 5,661 Total Proposed Council Reinstatements: Current CM Proposed Budget Surplus: Proposed New Budget Gap: Exhibit B FY 14 Proposed Fee Changes City of Lynwood Master Fee Schedule FY 13 FY 14 Fee Name Description Unit Adopted Fee Proposed Fee Public Relations - Marketing I.Lynwood N'Perspective Advertising Fees Ad Size- 2.0" X 3.5" Advertising in the City Newsletter, LYNWOOD N' PERSPECTIVE New Fee Amount Per Ad Each 1 Month (LNP), is an effective way of reaching and promoting local $100.00 2 Months Lynwood businesses to over 14,000 households and 2,000 $200.00 4 Months businesses in the City of Lynwood. This program is intended to $400.00 6 Months bolster local business activity, our local businsess economy, as $600.00 30 months well as generate new revenues for the City. $1,000.00 Ad Size -4.0 "X5.0" Advertising in the City Newsletter, LYNWOOD N' PERSPECTIVE New Fee Amount Per Ad Each 1 Month (1-NP), is an effective way of reaching and promoting local $125.00 2 Months Lynwood businesses to over 14,000 households and 2,000 $250.00 4 Months businesses in the City of Lynwood. This program is intended to $500.00 6 Months bolster local business activity, our local businsess economy, as $750.00 10 months well as generate new revenues for the City. $1,250.00 Ad Size -3.0" X 10.0" Advertising in the City Newsletter, LYNWOOD N' PERSPECTIVE New Fee Amount Per Ad Each 1 Month (1-NP), is an effective way of reaching and promoting local $250.00 2 Months Lynwood businesses to over 14,000 households and 2,000 $500.00 4 Months businesses in the City of Lynwood. This program is intended to $1,000.00 6 Months bolster local business activity, our local businsess economy, as $1,500.00 10 months well as generate new revenues for the City. $2,500.00 Ad Size - 10.0" X 8.0" Advertising in the City Newsletter, LYNWOOD N' PERSPECTIVE New Fee Amount Per Ad Each 1 Month (LNP), is an effective way of reaching and promoting local $275.00 2 Months Lynwood businesses to over 14,000 households and 2,000 $550.00 4 Months businesses in the City of Lynwood. This program is intended to $1,100.00 6 Months bolster local business activity, our local businsess economy, as $1,650.00 10 months well as generate new revenues for the City. $2,750.00 Ad Size - 17.0" X 11.0" Advertising in the City Newsletter, LYNWOOD N' PERSPECTIVE New Fee Amount Per Ad Each 1 Month (1-NP), is an effective way of reaching and promoting local $400.00 2 Months Lynwood businesses to over 14,000 households and 2,000 $800.00 4 Months businesses in the City of Lynwood. This program is intended to $1,600.00 6 Months bolster local business activity, our local businsess economy, as $2,400.00 10 months well as generate new revenues for the City. $4,000.00 Human Resources 2. Background Check Fees Propose Background Check Fees to offer background check services for companies and organziations that choose to utilize the City to perform these services for them. Fees will include the actual cost of performing the service through the City's provider and 20% Administrative Fee to administer service. City will actively market new fees through the City newsletter, website and, other customary City mediums. County Criminal Criminal Search Fee New Fee $16.80 Each Statewide Criminal Search Fee New Fee 16.80 Each Employment Verification New Fee $6.00 Each Education Verification New Fee $4.80 Each Motor Vehicle Driving Record New Fee $14.40 Each Credit Report New Fee $16.80 Each State g National Sex Offender Registry New Fee $10.80 Each Search Workers Compensation Report Fee New Fee $16.80 Each Professional /Personal Reference Verification New Fee $9.60 Each State Prison Record Search New Fee $12.00 Each Federal Prison Record Search New Fee $10.80 Each Social Security Number Validation New Fee $12.00 Each Fee Name Description FY 13 Adopted Fee FY 14 Proposed Fee Unit Parking Enforcement 3. Overnight Permit Based Parking -City Owned Parking Lots The City is proposing to issue overnight parking permits available for Lynwood residents at the 2 City -awned parking lots, located at the City Park and Sanborn Ave Parking Lots. Overnight parking will assist residents and their parking needs, reduce overcrowded parking on streets, deter crime activity from overnight parking at our parks, as well as generate additional revenue for the City. New Fee $30.00 Per Month 4. Vehicle Release Fee- Violation Specific Per various sections in the California Vehicle Code'CVC), the City can impose a vehicle release fee that equals the City's amministrative expenses required to remove a vehicle. Further, the Vehicle Code allows the City to impose a charge for any other administrative hearing costs incurred. Violation specific vehicle release fees are being proposed to preserve traffic and public safety, as many impoundments of vehicles are due to accidents associated with alcohol - related incidents as well as unlicensed drivers. The proposed fees are higher for severity of the violation; thus serving as a crime deterrent. This can also generate additional revenue forthe City. Current Civil Penalty Amounts Proposed Graduated Amount Second Offense Unit Circumstances Permitting Removal $119.00 $125.00 Each Abandoned Vehicle $119.00 $125.00 Each Vehicle Abatement Removal $119.00 $125.00 Each 30 Day Hold $119.00 $170.00 Each Unlicensed Driver $119.00 $170.00 Each Suspended or Revoked License $119.00 $170.00 Each Driving Underthe Influence $129.00 $220.00 Each Prostitution Forfeiture $119.00 $220.00 Each 5. Graduated Fine Fees- Repeat Violations Per the California Vehicle Code iCVQ Section 42001, a graduated fine schedule is allowable for a repeat violation of an infraction within 1 year. A second repeat infraction can be assessed a graduated fine amount not to exceed $200. A third repeat infraction can be assessed a graduated fine amount not to exceed $250. Graduated Fine Fees will be assessed for the 2nd repeat violation and every repeat violation thereafter within a 6 -month interval. If a repeat violation is occurred after 6 months, violator will be assessed original civil penalty amount. Current Civil Penalty Amounts Proposed Graduated Amount Second Offense Unit Street Sweeping $65.50 $75.00 Each No Alley Parking $65.50 $80.00 Each Parked on Unpaved Surface $65.50 $80.00 Each Drive Across Sidewalk $55.00 $65.00 Each For Sale $65.50 $80.00 Each Greasing Vehicle $112.50 $122.00 Each No Parking Excess 72 hrs $60.50 $70.00 Each No Parking Any Time $60.50 $70.00 Each No Parking Red Curb $60.50 $70.00 Each No Parking yellow Curb $55.00 $65.00 Each No Parking White Curb $55.001 $65.00 Each No ParkinL Green Zone $55.001 $65.00 Each Parking Left Side $60.50 $70.00 Each No Parking Temp $55.00 $65.00 Each Parking Push Cart eh $55.00 $65.00 Each Parking Prohibited $55.00 $65.00 Each Permit Parking $55.00 $65.00 Each Parking Restricted 1 HR $55.00 $65.00 Each Parking Restricted 2 HE $55.00 $65.00 Each Parking in Loading Zone $55.00 $65.00 Each Parking in Drive Park Wa $55.00 $65.00 Each Angle Parking $55.00 $65.00 Each Marking of Parking Spaces $55.00 $65.00 Each No Parking City Property $60.50 $70.00 Each Parkin 18" from curb $55.00 $65.00 Each Curb Parkin One-Way 55.00 $65.00 Each State Highway Parking $76.00 $86.00 Each Unattended Vehicles $65.50 75.00 Each Locked Vehicle $65.50 $75.00 Each Sto in on Freewa $55.00 $65.00 Each Vendin on Freewa R.O.W 81.50 $100.00 Each 2nd Offense Vending $81.50 $95.001 Each 5. Graduated Fine Fees - Repeat Violations Current Civil Penalty Amounts Proposed Graduated Amount Second Offense Unit Vending from Vehicles $86.50 $100.00 Each Illegal to Park on RED $49.50 $60.00 Each Parking Near Sidewalk Access $60.50 $70.00 Each Abandonment Prohibited $165.50 $200.00 Each Parkin Lot - Street and Alley $49.50 $60.DO Each Stopping Parking-Vehicular $49.50 $60.00 Each Defective Windshield $49.50 $60.00 Each Fuel Cap Required $49.50 $60.00 Each Front Bumper Required $49.50 $60.00 Each Registration Card $49.50 $60.00 Each Position of Plates $49.50 $60.00 Each Period of Display 46.50 $60.00 Each Evidence of Registration $72.50 $90.00 Each Evidence of Registration Wrong Vehicle $72.SO $1GO.00 Each No Parking Private property $76.00 $90.00 Each No Parking Prohibited Gen. 560.501 $70.00 Each Safety Parkin Zone $81.SO $95.00 Each Expired Meter $49.SO $60.00 Each Extended Parking $60.50 $70.00 Each Replugging Meter $49.50 $60.00 Each Non Designated Space $60.50 $70.00 Each Improper Manner of Parking 549.50 $60.00 Each Use of Entrance and Exit $49.50 $60.00 Each Private Property C 217.50 $230.00 Each CV Parking on Residential $217.50 $230.00 Each Restriction on Comm. Veh $217.50 $230.00 Each Compliance with Truck Route $217.501 $230.00 Each Prohibit CV Parkin an T R $217.50 $230.00 Each Oversize Vehicle Parking $217.50 $230.00 Each Re istration Required $76.130 $85.00 Each No Tap/Expired Ta 86.50 $90.00 Each Missing License Plate JF 44.50 $55.00 Each Missing License Plate R $44.50 $55.00 Each Blocking Driveway/Ent $60.50 $70.00 Each Parkin On Across Sidewalk $60.SO $70.00 Each Parking in RPPD w o perinit $55.00 65.00 Each Repairing Vehicle $217.50 $230.00 Each Handicapped Zone Blue ) $370.001 $380.00 Each Blocking Disabled Parking $370.001 380.00 Each Disabled Placard Misuse $427.50 440.00 Each Unlawful Use of Reg,Plac,Plate $427.50 440.00 Each Unattached Trailer $217.50 $230.00 Each Fire H d. No Parking 15 Ft $65.50 $80.00 Each Unlawful Parking Public Gmds $44.50 $60.00 Each Bicycle Parking $28.50 $32.00 Each Traffic Control Device $55.00 $65.00 Each Parking Within Intersection $60.50 $70.00 Each Parking on Crosswalk 6050 $70.00 Each Parking/Safety Parking/Safety and Curb $60.50 70.00 Each Parking Fire Station Entrance $60.501 S70.001 Each Parkin Along/Excavation $60.50 $70.00 Each Double Parking $60.50 $70.00 Each Parking in BUS Zone $60.50 $70.00 Each Parking on Bridge $60.50 $70.00 Each Blocking Wheelchair Ramp Curb $370.00 $380.00 Each Parurg in Fire Lane 76.00 $85.00 Each JUNE 4, 2013 APPROPRIATION LIMIT CALCULATION EXHIBIT C 2013 -14: *Per Capita Cost of Living Change = 5.12 percent *Population Change (Lynwood) = 1.02 percent Per Capita Cost of Living Converted to a Ratio: 5.12+100 = 1.05120 POPULATION 100 APPROPRIATION YEAR CPI CHANGE % FACTOR* LIMIT ** FY 1986 -87 BASE YEAR 8,490,630 FY 2000 -2001 (Recalculated) 17,267,822 FY 2001 -2002 (Recalculated) 7.82% 1.09611 18,927,227 FY 2002 -2003 (Recalculated) -1.27% 1.63% 1.00480 19,017,609 FY 2003 -2004 (Recalculated) 2.31% 1.03% 1.04010 19,779,900 FY 2004 -2005 (Recalculated) 3.28% 0.61% 1.04710 20,710,597 FY 2005 -2006 (Recalculated) 5.26% 0.31% 1.06500 22,057,214 FY 2006 -2007 (Recalculated) 3.96% 0.35% 1.04700 23,109,539 FY 2007 -2008 (Recalculated) 4.42% 1.20% 1.05170 24,304,724 FY 2008 -2009 (Recalculated) 4.29% 131% 1.05190 25,565,384 FY 2009 -2010 (Recalculated) 4.35% 1.11% 1.01530 25,955,404 FY 2010 -2011 (Recalculated) -2.54% 0.53% 0.98270 25,506,095 FY 2011 -2012 (Recalculated) 2.51% 0.77% 1.02900 26,245,654 FY 2012 -2013 3.77% 0.56% 1.04350 27,387,602 2013 -14: *Per Capita Cost of Living Change = 5.12 percent *Population Change (Lynwood) = 1.02 percent Per Capita Cost of Living Converted to a Ratio: 5.12+100 = 1.05120 100 Population increase Converted to a Ratio: 1.02+100 = 1.01020 100 Calculation of Factor for FY 2013 -2014: 1.05120 x 1.01020 = 1.06192 Calculation of Appropriation Limit $27,387,602 x 1.06192 = $29,083,504 (Prior Year's Appropriation Limit Multiplied by Factor) STATUS OF APPROPRIATION LIMIT FY 2013 -2014 Maximum Appropriation Limit 29,083,504 (1) Proceeds of Taxes (less Retirement Taxes + Interest Allocation for Taxes) 24,641,779 Under Maximum Appropriation Limit 4,441,724 Over Maximum Appropriation Limit 0 (1) ( +) Proceeds of Taxes 27,273,130 ( -) Retirement Taxes 2,662,338 ( +) Interest Alloc. on Proceeds of Taxes 30,987 Total 24,641, 779 *Source: State Department of Finance JUNE 4, 2013 REVENUE SUMMARY FISCAL YEAR 2013 -14 Revenue Categories: Taxes 27, 273,130 Licenses /Perm its 422,050 Revenue from Other Agencies 17,179,003 Charges for Services 13,795,350 Other Revenue 4,146,104 Fines, Forfeits & Penalties 1,582,000 Revenue from Money /Prop 959,266 Total Revenues 65,356,903 Taxes (Exclude Interest) 27,273,130 Non -taxes (Exclude Interest) 38,009,600 Total - Taxes and Non -Taxes 65,282,730 Add: Interest 74,173 Total - Taxes, Non -Taxes & Interest 65,356,903 Interest Distribution ( %): Allocation for Taxes 41.78% 30,987 Allocation for Non -Taxes 58.22% 43,186 Total Interest 100.00% 74,173 Revenue Summary: Taxes plus interest 27,304,117 Non -Taxes plus Interest 38,052,786 Total Revenues 65,356,903 EXHIBIT C JUNE 4, 2013 REVENUE SUMMARY FISCAL YEAR 2013 -2014 Fund No. Fund Name Taxes Licenses/ Permits Revenue From Other Agencies Charges For Services Fines , Other Revenue Forfeits, &Penalties Revenue From Money/ Prop Transfers In Totals 1011 General Fund $ 19,547,697 $ 422,050 $ 189,973 $ 3,241,450 $ 1,553,278 $ 1,582,000 $ 341,000 $ 1,958,850 $ 28,836,298 1012 Community Development - A - - - - - - 9,000 - 9,000 1013 Community Development Housing - A - - - - - - 166 - 166 1014 Community Development - B - - - - _ _ _ _ _ 1015 Community Development Housing - B - - - - - _ 1016 Tax Allocation Bond Reserves - - _ _ _ _ 1017 Community Development A Bond Proceeds 1018 1099 Bond Proceeds - _ _ _ _ 1019 2011 Series A Bond Proceeds - - - 1020 2011 Series B Bond Proceeds - - - 1021 Redevelopment Obligation Retirement - - - - - _ _ _ - 1022 AS 1484 Housing Asset Fund - - - - - - 230,000 - 230,000 1023 Enterprise Zone Program - - - 35,000 - - - - 35,000 1051 Contingency Set Aside - - - - - - - 16,478 16,478 2011 Retirement Fund 2,662,338 _ _ _ - - - - 2,662,338 2051 Traffic Safety Fund - - - - - - - 1,852,282 1,852,282 2101 Gas Tax Fund - - 2,128,881 - - - 663 - 2,129,544 2151 Transportation Invest. (AB2928) Fund - - Bike & Ped. Grant 2251 (SB 821) Fund - - - 2301 Prop "A" Fund 1,063,000 - - - - - 4,000 - 1,067,000 2351 Prop "C "Fund 1,050,000 - - - - - - - 1,050,000 2352 Measure R 640,000 - - - - - 1,500 - 641,500 2401 Transportation Fund - - - 18,000 - - - 1,325,081 1,343,081 2451 Air Quality Improvement - - 60,000 - - - 257 - 60,257 Fund 2501 State COPS Program Fund - - 100,000 - - - - - 100,000 2551 Local Law Enforcement Block Grant _ - - 2601 Sheriff Drug Seizure Fund - - - - _ _ _ _ _ 2651 Street Lighting Fund 1,063,595 - - - - - - 58,315 1,121,910 2701 Landscape Maint. Assessment District 1,096,500 - - - - - _ 342,889 1,439,389 :KCID]Wi JUNE 4, 2013 REVENUE SUMMARY FISCAL YEAR 2013 -2014 Fund No. Fund Name Revenue Licenses/ From Taxes Permits Other Agencies Charges Other For Revenue Services Fines, F Forfeits, & Penalties Revenue From Transfers Money/ In Prop Totals 2751 Impact Fees Fund - - - 87,500 - - 300 - 87,800 2801 Public Art Fund - - - 20,000 - - 500 - 20,500 2851 Litter Abatement Fund - - - 388,400 - - 500 - 388,900 2901 Section 108 Loan Fund - - - - - _ 80 _ 80 2921 Section 108 Loan 12002 - - - _ - - 2,700 - 2,700 2941 HUD /CDBG Fund - - 1,438,177 - - - - - 1,438,177 2961 HUD Home Program Fund - - 331,404 - - - - - 331,404 2962 CalHOme Stale Grant - - 1,000,000 - - - - - 1,000,000 3381 Business Improvement 150,000 - - - - - 230 - 150,230 District Fund 3421 Anti -Litter Grant Fund - - - - - _ _ - _ Beverage Recycle Grant 3501 Fund - - - - _ _ 210 - 210 3521 Urban Tree Planting Grant Fund - - - - - _ _ _ _ LA Co. Park Maint. Grant 3541 Fund 3561 Other Grant Fund - - 82,883 - - - - - 82,883 3621 Used Oil Recycling Grant _ _ 20,000 - - - - _ 20,000 Fund 3661 2000 Bond Act/Per Capita Grant Fund - 3681 TEA Grant Fund - - 2,159,627 - - - - 30,473 2,190,100 3682 DOE Block Grant - - - - - - _ _ _ Safe School Route Grant 3701 Fund 3721 State of CA CEC Grant - - - - - - _ Dupont/Lead Safety Grant 3741 Fund 123 123 3782 Prop 84 Park Grant - - 9,393,960 - - - - - 9,393,960 3791 Prop 1 B Fund - - - _ _ _ _ - 3801 Justice Assistance Grant - - - _ _ _ 3821 RMC Grant I - - - - - - - - - EXHIBIT C JUNE 4, 2013 Fun Fund Name I Taxes 3861 State Transp. Partnership Program 4011 Capital Projecs Fund (by project) 4101 Park Replacement Fund - 4151 CIP Loan Proceeds Fund - 4451 Roberti -Zberg -Hams Fund - 5011 City Debt Service Fund - 6011 1999 Water Bonds Proceeds 6051 Water /Enterprise Fund - 6151 1995 Water Revenue Bonds - 6201 2003 Enterprise Revenue Bonds 6301 2008 Enterprise Rev Bond Series A 7011 Garage Fund - 7151 Self- Insurance Fund - 9011 Public Finance Authority - 9051 2003 Lease Revenue Refunding 9052 2010 Lease Revenue Bonds Series A - Totals l$ 27,273,130 Taxes 27,273,130 REVENUE SUMMARY FISCAL YEAR 2013 -2014 EXHIBIT C Revenue Revenue Charges Fines, Licenses/ From Other From Transfers Permits Other For Revenue Fa Money/ In Totals Agencies Services 8 Penalties Prop - 274,098 - - - - 21,871,957 22,146,055 - - - - - - 276,656 276,656 - - - - - 500 1,648,100 1,648,600 - - 10,005,000 1,000 - 36,890 - 10,042,890 - - 325,647 - 325,647 - - 2,591,826 - 5,000 489,200 3,086,026 - - - - - 16,416 16,416 $ 422,050 $ 17,179,003 $ 13,795,350 $ 4,146,104 $ 1,582,000 $ 959,266 $ 29,886,697 $ 95,243,600 Deduct interest (74,173) Non -taxes 38,009,600 VENT OF w III n o � # DEPARTMENT OF EDMUND G. BROWN JR. • GOVERNOR N A N C E STATE CAP-O� III ROOM 1 145 . SAC MENTO CA • 958 1 4 -4999 . Www.DOF.c .GOV OFFICE OF THE DIRECTOR May 2013 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, section 2227, mandates the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2013, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2013 -14. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2013 -14 appropriations limit. Attachment B provides city and unincorporated county population percentage change. Attachment C provides population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code section 2228 for further information regarding the appropriations limit. Article XIII B, section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. The Code and the California Constitution can be accessed at the following website: http://Ieqinfo-legislature.ca.gov/faces/codes.xhtmi Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No state agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2013. Please Note: Prior years city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323 -4086. ANA J. MATOSANTOS Director By: MICHAEL COHEN Chief Deputy Director Attachment May 2013 Attachment A A. Price Factor: Article XI I I B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2013 -14 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2013 -14 5.12 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2013 -14 appropriation limit. 2013 -14: Per Capita Cost of Living Change = 5.12 percent Population Change = 0.79 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2013 -14: 5.12 +100 = 1.0512 100 0.79 + 100 = 1.0079 100 1.0512 x 1.0079 = 1.0595 Fiscal Year 2013 -14 Attachment B Annual Percent Change in Population Minus Exclusions` January 1, 2012 to January 1, 2013 and Total Population, January 1, 2013 County city Los Angeles Percent Change - Population Minus Exclusions - 2012 -2013 1 -1 -12 1 -1 -13 Total Population 1 -1 -2013 Agoura Hills 0.45 20,424 20,516 20,516 Alhambra 0.64 83,703 84,240 84,240 Arcadia 0.52 56,574 56,866 56,866 Artesia 0.48 16,516 16,595 16,681 Avalon 0.40 3,782 3,797 3,797 Azusa 2.03 46,640 47,586 47,586 Baldwin Park 0.59 75,868 76,315 76,315 Bell 0.44 35,625 35,783 35,783 Bellflower 0.45 76,945 77,289 77,289 Bell Gardens 0.44 42,252 42,437 42,437 Beverly Hills 0.54 34,308 34,494 34,494 Bradbury 0.75 1,066 1,074 1,074 Burbank 0.48 104,480 104,982 104,982 Calabasas 0.45 23,695 23,802 23,802 Carson 0.35 91,874 92,196 92,196 Cerritos 0.45 49,248 49,470 49,470 Claremont 1.23 35,315 35,749 35,749 Commerce 0.45 12,877 12,935 12,935 Compton 0.46 97,106 97,549 97,549 Covina 0.61 48,062 48,357 48,357 Cudahy 0.45 23,905 24,013 24,013 Culver City 0.48 39,024 39,210 39,210 Diamond Bar 0.45 55,847 56,099 56,099 Downey 0.45 112,257 112,761 112,761 Duarte 0.62 21,421 21,554 21,554 El Monte 0.41 113,969 114,436 114,436 El Segundo 0.45 16,729 16,804 16,804 Gardena 0.70 59,153 59,566 59,566 Glendale 0.47 192,750 193,652 193,652 Glendora 0.56 50,386 50,666 50,666 Hawaiian Gardens 0.45 14,310 14,375 14,375 Hawthorne 0.45 85,089 85,474 85,474 Hermosa Beach 0.35 19,584 19,653 19,653 Hidden Hills 0.91 1,870 1,887 1,887 Huntington Park 0.46 58,358 58,624 58,624 Industry 0.23 436 437 437 Inglewood 0.45 110,678 111,171 111,171 Irwindale 2.68 1,416 1,454 1,454 La Canada Flintridge 0.47 20,346 20,441 20,441 `Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. Fiscal Year 2013 -14 Attachment B Annual Percent Change in Population Minus Exclusions` January 1, 2012 to January 1, 2013 and Total Population, January 1, 2013 'Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. Total County Percent Change - Population Minus Exclusions - Population city 2012.2013 1 -1 -12 1 -1 -13 1- 1.2013 La Habra Heights 0.45 5,355 5,379 5,379 Lakewood 0.45 80,418 80,781 80,781 La Mirada 0.43 48,720 488,930 48,930 Lancaster 0.56 152,868 153,717 158,630 La Puente 0.53 40,008 40,222 40,222 La Verne 1.80 31,476 32,041 32,041 Lawndale 0.46 32,907 33,058 33,058 Lomita 0.54 20,406 20,516 20,516 Long Beach 0.59 464,784 467,538 467,646 Los Angeles 0.95 3,824,199 3,860,719 3,863,839 Lynwood 1.02 69,931 70,645 70,645 Malibu 0.48 12,706 12,767 12,767 Manhattan Beach 0.47 35,257 35,423 35,423 Maywood 0.45 27,486 27,610 27,610 Monrovia 0.54 36,745 36,943 36,943 Montebello 0.47 62,889 63,184 63,184 Monterey Park 0.43 61,184 61,445 61,445 Norwalk 0.29 105,132 105,439 106,093 Palmdale 0.49 153,785 154,535 154,535 Palos Verdes Estates 0.49 13,523 13,589 13,589 Paramount 0.42 54,395 54,624 54,624 Pasadena 0.52 139,291 140,020 140,020 Pico Rivera 0.53 63,199 63,534 63,534 Pomona 0.66 149,729 150,724 150,942 Rancho Palos Verdes 0.47 41,901 42,097 42,114 Redondo Beach 0.53 67,041 67,396 67,396 Rolling Hills 0.43 1,876 1,884 1,884 Rolling Hills Estates 0.49 8,101 8,141 8,141 Rosemead 0.49 54,199 54,464 54,464 San Dimas 0.51 33,516 33,686 33,686 San Fernando 1.33 23,764 24,079 24,079 San Gabriel 0.52 39,945 40,153 40,153 San Marino 0.33 13,202 13,246 13,246 Santa Clanta 15.44 177,534 204,951 204,951 Santa Fe Springs 1.77 16,479 16,771 16,816 Santa Monica 0.86 90,267 91,040 91,040 Siena Madre 0.49 10,969 11,023 11,023 Signal Hill 0.75 11,135 11,218 11,218 South El Monte 0.55 20,200 20,312 20,312 South Gate 0.79 94,367 95,115 95,115 South Pasadena 0.47 25,737 25,857 25,857 'Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. Fiscal Year 2013 -14 Attachment B Annual Percent Change in Population Minus Exclusions` January 1, 2012 to January 1, 2013 and Total Population, January 1, 2013 'Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. Total County Percent Change — Population Minus Exclusions – Population city 2012.2013 1 -1 -12 1 -1.13 1- 1.2013 Temple City 0.52 35,766 35,952 35,952 Torrance 0.46 146,188 146,860 146,860 Vernon 0.83 120 121 121 Walnut 0.91 29,676 29,947 29,947 West Covina 0.45 106,766 107,248 107,248 West Hollywood 0.45 34,698 34,853 34,853 Westlake Village 0.45 8,304 8,341 8,341 Whittier 0.46 85,696 86,093 86,093 Unincorporated -2.09 1,061,526 1,039,366 1,040,390 County Total 0.69 9,879,254 9,947,906 9,958,091 'Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. EXHIBIT D FY 2013 -14 PROPOSED SUCCESSOR AGENCY BUDGET 3 Revenues RPTTF — ROPS Items Only Non - Administrative Allowance & Project Staffing Costs ROPS13 /14A ROPS 13/14B $1,312,933 2,800,000* Reserve Funds 2,024,000 Administrative Cost Allowance 250,000 RPTTF Staffing Project Cost Allowance ROPS13 /14A ROPS 13/14B 205,000 205,000* Total: $6,796,933 Expenditures ROPS - RPTTF Non -Staff Cost 3,702,933 (est.) ROPS items covered by reserve funds (Bond debt service 2,024,000 RPTTF Staffing Project Cost Allowance 410,000 Administrative Allowance 250.000 Total $6,386,933 3 DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana ri PREPARED BY: Pam K. Lee, City Attorney Jonathan Colin, Director of Development Services Karen Figueredo, Planning Associate Yf . O SUBJECT: Zoning Ordinance Amendment No. 2013 -05 Recommendation: Staff recommends that the City Council conduct the public hearing, introduce the attached ordinance for first reading entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -05 AMENDING ARTICLE 70 OF CHAPTER 25 RELATING TO HIGHWAY /FREEWAY ORIENTED SIGNS AND OFF SITE OUTDOOR ADVERTISING DISPLAYS" by title only. Background: On May 9, 2006 the Lynwood Planning Commission adopted Resolution No. 3136 recommending approval of Zoning Ordinance Amendment No. 2006 -03 and that the City Council adopt an ordinance adding Section 25- 70.095 to the Lynwood Municipal Code regulating billboards and off -site outdoor advertising displays. At the May 14, 2013 meeting, the Lynwood Planning Commission approved a request by applicant Jonathan Kermani to adopt Resolution No. 3319 approving Zoning Ordinance Amendment (ZOA) No. 2013 -05 amending Article 70 of Chapter 25 relating to highway /freeway oriented sign and off site outdoor advertising displays. The proposed modifications are intended to update current digital display technology sign standards for non - traditional and on -site digital displays. Discussion & Analysis: The ZOA proposes to amend LMC Section 25 -16.23 by changing text pertaining to the former Lynwood Redevelopment Agency, and replacing it with the Lynwood Parking Authority. The changes also incorporate newer technologies, such as digital displays, and propose regulations to address them. The ordinance regulating billboards and off -site outdoor advertising displays is intended to provide a neutral ordinance that does not support proponents or oppone¢ ITEM 9 2 L. Non - traditional advertisinq structure — posting posters, bills, printed, painted or other advertisement of any kind, are subiect to approval of a conditional use permit by the plannina 25- 70.13: ON -SITE DIGITAL DISPLAY SIGN REGULATIONS: 1. Digital Display Sign: A digital sign /display are permitted in any shopping center that meets the minimum development standards of the zoning district in which the subject property is located. I_1 issuance of a building permit. B. Number. One (1) digital display sign per property. C. Area. Digital display sign copy area shall be limited to thirty -two (32) square feet in area. D. Copy. Digital display sign copy shall be limited to the identification of the businesses and services of the shopping center in which the digital display sign is located. The digital display sign shall not advertise off- site businesses, services, or products. E. F. Projection. No portion of an electronic message center sign shall project into any right -of -way. 2. The ve eight f use. G. Location: 1. Digita the digital display sign to the nearest residentially zoned propert y line. 2. 25- 704314: OFF SITE OUTDOOR ADVERTISING DISPLAYS: A. Notwithstanding any other provision of the zoning code, off site outdoor advertising displays shall be allowed in all commercial and industrial zones, on any size parcel, whether public or private property, subject to the following criteria: 1. The advertising display shall be included as part of a disposition and development agreement, owneF paAiGipatien agreement, lease agreement or other agreement with the city or its related agencies, including but not limited to the Lynwood Parking Authority, ( "related agencies ") the Lynwood .edevelopme^• agenGy (" oAL) and the agreement contains performance, onetime fee, public benefits or ongoing revenue provisions that allow the city or the L-RA related agencies to undertake projects, programs, or other activities that improve the visual environment a^ a Fede e `ent pFojeGt a Fea. 2. The advertising display shall be placed within six hundred sixty feet (660') from the edge of the right of way of a freeway; except as may be approved in a Sections 5200 et. seg. 3. No advertising display shall be placed within five hundred feet (500') from another advertising display on the same side of any portion of a freeway, except as may be approved in a development agreement, lease or license per subsection A.12 below. 4. The advertising structure shall not exceed the minimum height necessary to provide one thousand feet (1,000') of unobstructed visibility from the main traveled way to each facing on the advertising structure. The minimum height shall be measured above the adjacent freeway grade, or if on a commercial corridor, from ground level 5. No advertising structure shall have a facing that exceeds one thousand two hundred (1,200) square feet in area with a maximum height of twenty five feet (25') and maximum length of sixty feet (60'), including border and trim and extensions, and excluding base or apron supports and other structural members. This subsection shall apply to each facing on an outdoor advertising structure. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement and is made based on the height and the length but not the depth of the advertising copy. 6. No advertising display may be placed that is so illuminated or contains a digital display that it interferes with the effectiveness of, or obscures any official traffic sign, device, or signal or violates any applicable law nor shall any advertising display include any digital display or be illuminated in a manner that includes by flashing, intermittent, or moving light as further prohibited by the provisions of the Business and Professions Code nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. 7. Existing setback and yard requirements of the underlying commercial or industrial zone shall not be applicable to placement of any advertising structure. No minimum setback or yard requirements shall be applied to placement of an advertising display. 8. No advertising display shall be placed or maintained in violation of the outdoor advertising act, chapter 2 (commencing with section 5200) of division 3 of the California Business and Professions Code, or any other applicable state, federal, or local law. 9. Unless otherwise specified in this section, the general sign requirements set forth in the Business and Professions Code shall apply to plans and materials for and to design, construction, street address numbers, identification and maintenance of outdoor advertising displays approved under this section. 10. No person shall place an off site outdoor advertising structure without first having secured a zoning permit, a sign permit and a building permit. a. A separate building permit shall be required for each advertising structure whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal. b. At the discretion of the director of development services, a separate zoning permit shall be issued for one advertising structure or a single zoning permit may be issued for any number of advertising structures proposed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal and equally compliant under all applicable Business and Professions Code requirements. 11. No permit of any kind shall be issued for an advertising display without prior approval of an appropriate agreement, by the city council as described in subsection A.1 above, and permits per subsection A.10 above. a. An application for approval of a zoning, sign and building permit for an off site advertising structure shall be filed with the city council in accordance with the following provisions: (1) Any person who has an ownership, license or leasehold interest in the land parcel may file an application for approval of a zoning and building permit for an off site advertising structure. If submitted by the holder of a license or leasehold interest, the application must include a statement of consent to proceed with the proposed development executed by the holder of an ownership interest and acknowledged before a notary public for the state of California. (2) The application may request review of one or multiple advertising structures. (3) The application shall be accompanied by photos of all existing signage and accurate architectural renderings and elevations of proposed advertising structures, as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed advertising structure(s). (4) At the time of filing the application for permits, the applicant shall pay a filing fee in accordance with a city council approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application. (5) Any permit issued shall be the property of the applicant. 12.Where any standard imposed by a negotiated development agreement, its related agencies 151 B. The city council may act on the application directly or refer the application to the planning commission for review and, recommendations or determination 1. Before approving any off site advertising display permit application, the city council, or before recommending approval, the planning commission upon city council referral, shall make the following determination concerning the parcel(s) for which permits are sought: a. All existing and proposed advertising displays are appropriately scaled to the architectural character of all buildings and structures on the parcel; b. All existing and proposed advertising displays result in a complementary enhancement to the architecture on the parcel; c. All existing and proposed advertising displays result in a visually uncluttered appearance; d. All existing and proposed advertising displays enhance commercial corridors and properties and do not obscure street views of public art, council designated historical buildings, or city council designated projects; e. All existing and proposed advertising displays minimize potential traffic hazards; All existing and proposed advertising displays are compliant with all applicable provisions of this zoning code, and federal, state and local law relevant thereto. 2. The city council, OF the planni upon rity reURGH refeFral, may impose, or the planning commission upon city council referral may recommend, additional conditions as are reasonably necessary to ensure the development is consistent with the general plan, compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare. In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in section 25 -130.5 of this chapter or as such standards may be modified for development agreements, leases or licenses per subsection A.12 above 3. Without exception, every outdoor advertising display approved under this section shall be subject to the following express conditions and reservations: a. If an advertising display is illuminated, any illumination shall not impair the vision of travelers on any adjacent highway, including the freeway or commercial corridor. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or Caltrans regulation. The City further reserves the right to impose a more restrictive illumination standard in light of ambient lighting in the area of any advertisina display. b. When an advertising display is defaced with graffiti, the display owner shall remove the graffiti within forty eight (48) hours after telephonic notice by city. 4. The decision of the city council shall be final and conclusive. #-tThe city council may refers the application to the planning commission for deterninat}ew, review and recommendation back the de^'°ic^ of the p Gommission sha be final, and FeGommendat to the city council. 5. Except where an outdoor advertising display is considered per subsection A.1 above, in which case the provisions of subsection A.12 above apply, a Any proposed variance to this subsection shall be deemed a major variance and may be approved only if the city council determines that each of the required findings set forth in section 25 -135.6 of this chapter are met. C. All existing off site outdoor advertising displays that have previously obtained required permits, and which remain in compliance with the terms and conditions of those permits but that are not in conformance with the provisions of this section shall become nonconforming uses. The owner of a nonconforming outdoor advertising display may perform normal repairs and customary maintenance to such existing nonconforming advertising displays, including, but not limited to, changing the advertising message and adding an extension to the outside dimension of a facing. D. All off site outdoor advertising displays approved under this section and existing nonconforming advertising displays may be relocated by mutual agreement between the display owner and the city council on whatever terms are agreeable to both parties. 1. "Relocation" as used in this section, includes removal of an advertising structure and construction of a new advertising structure to substitute for the advertising structure removed. 2. The purpose of this subsection is to allow the city to continue to develop in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication established in outdoor advertising. E. Whenever the following terms are used in this section, they shall be construed as defined in this subsection: ADVERTISING DISPLAY: Refers to advertising structures and to signs placed for off site outdoor advertising purposes on advertising structures. ADVERTISING STRUCTURE: A structure of any kind or character erected, used, or maintained for off site outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed. displays still images, utilizing LED (light emitting diode) LCD (liquid crystal display), plasma display, fiber optic, projected images or any functionally equivalent technology, and which is capable of automated remote or computer control change of the !mane. EXTENSION: An increase in the size of the advertising area up to thirty three percent (33 %) of the total advertising area of the facing which does not exceed the height, length or total area allowed for in subsection A5 of this section. FACING: The portion of the advertising structure that contains any poster, bill, printing, painting, or other advertisement of any kind whatsoever. FLASHING, INTERMITTENT, OR MOVING LIGHT: A light or message that changes more often than once every four (4) seconds. The illumination or the appearance of illumination resulting in a change of message or advertising copy is not the use of flashing, intermittent, or moving light, unless it changes more often than once every four (4) seconds. FREEWAY: A divided arterial highway for through traffic with full control of access and with grade separations at intersections. MAIN TRAVELED WAY: In the case of a freeway, the traveled way of each of the separate roadways for traffic in opposite directions is the main traveled way. NON - TRADITIONAL ADVERTISING STRUCTURE: A structure of any kind or character, erected, used, or maintained for purposes other than advertising The term "non- traditional advertising structure" shall not include a building or structure used for the display of on -site commercial messages of commercial uses located at or within said building or structure. SIX HUNDRED SIXTY FEET FROM THE EDGE OF THE RIGHT OF WAY: Six hundred sixty feet (660') measured from the edge of the right of way horizontally along a line perpendicular to the centerline of the highway. (Ord. #1582, §1) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -05 AMENDING ARTICLE 70 OF CHAPTER 25 RELATING TO HIGHWAY /FREEWAY ORIENTED SIGNS AND OFF SITE OUTDOOR ADVERTISING DISPLAYS. WHEREAS, the City Council has determined that a comprehensive ordinance updating highway /freeway oriented signs and off -site outdoor advertising displays development standards is necessary to better adapt to legislative changes and new technologies. WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 14, 2013 conducted a public hearing on the subject; and adopted Resolution No. 3319 approving Zoning Ordinance Amendment No. 2013 -05. WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the proposed Zoning Ordinance Amendment to update Article 70 of Chapter 25 relating to highway /freeway oriented signs and off -site outdoor advertising displays is consistent with the General Plan and promotes uniform and updated application of the regulations of signs and off -site outdoor advertising displays; and WHEREAS, the City would like to update development standards in regards to highway /freeway oriented signs and off site outdoor advertising, digital signs, and non - traditional signs. WHEREAS, the Development Services Department's Planning Division has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 1 5060(c)(2) and 15601(b)(3) of the State Guidelines as amended; therefore NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 25 -70.12 and 25 -70.13 are hereby amended to the Lynwood Municipal Code to read as follows: 25- 70.12: HIGHWAY /FREEWAY ORIENTED SIGNS: Commercial and industrial uses on parcels immediately adjacent to the 1 -710 or the 1 -105 may install signs which meet the following criteria, or as approved by the planning commission: A. The sign may advertise the name(s) and logo(s) of uses on the same parcel or in the same development as the sign. Advertisement of offsite uses, or the use of off site signs for advertising, is prohibited. B. Up to three (3) names /logos may be placed on the sign. Additional names may be placed, subject to approval by the planning commission. C. Signs may be up to one hundred feet (100') in height, or as approved by the planning commission on a case by case basis. D. Maximum sign area for each sign face shall be four hundred (400) square feet, or as approved by the planning commission. Each sign shall have a maximum of two (2) faces. E. Developments of up to ten (10) acres may erect one freeway oriented sign. Developments of more than ten (10) acres may erect a maximum of two (2) signs. F. Highway /freeway oriented signs may not rotate or be animated in any way. G. "Reader boards" or similar devices for showing changing text and /or graphic messages may be used, subject to approval of a conditional use permit by the planning commission. H. Highway /freeway oriented signs consistent with this section may be placed on parcels not immediately adjacent to the highway /freeway, if approved by the planning commission. I. The design and location of all highway /freeway oriented signs shall be subject to the review and approval of the planning commission. J. Highway /freeway oriented signs may not be used to advertise uses, products, or other items not located on the same parcel or in the same commercial development as the sign. K. Highway /freeway oriented signs shall be spaced a minimum of five hundred feet (500') apart. (Ord. #1563, §3) L. Non - traditional advertising structure — Any non - traditional structure (e.g. water towers, cell towers, or silos) used or maintained for use permit by the planning commission. 25- 70.13: ON -SITE DIGITAL DISPLAY SIGN REGULATIONS: 1. district in which the subject property is located. A. Conditional Use Permit. All digital display signs shall be required to obtain a conditional use permit by the Planning Commission prior to the issuance of a building permit. B. Number. One (1) digital display sign per property. C. D E. F. Projection. 1. No portion of an electronic messaae center sign shall project 2. The vertical clearance from grade to the lowest point of the sign is eight feet (8') for pedestrian use and fourteen feet (14') for vehicular use. G. Location: Digital display sian shall have a minimum separation of one zoned property line. 2. The minimum distance required between a freestanding sign and an digital display sign shall be one hundred feet (100'). 25 -70.4 -314: OFF SITE OUTDOOR ADVERTISING DISPLAYS: advertise off -site businesses, services, or products. intensity of illumination. A. Notwithstanding any other provision of the zoning code, off site outdoor advertising displays shall be allowed in all commercial and industrial zones, on any size parcel, whether public or private property, subject to the following criteria: 1. The advertising display shall be included as part of a disposition and development agreement ewnerpartisipatien agreement lease agreement or other agreement with the city or its related agencies, agencies "1 the Lynwood redevelopment ageRGY ("LRA'I and the agreement contains performance, onetime fee, public benefits or ongoing revenue provisions that allow the city or the I RA related agencies to undertake projects, programs, or other activities that improve the visual environment in . 2. The advertising display shall be placed within six hundred sixty feet (660') from the edge of the right of way of a freeway; except as may be approved in a development agreement lease or license per 3. No advertising display shall be placed within five hundred feet (500') from another advertising display on the same side of any portion of a freeway, except as may be approved in a development agreement, lease or license per subsection A.12 below. 4. The advertising structure shall not exceed the minimum height necessary to provide one thousand feet (1,000') of unobstructed visibility from the main traveled way to each facing on the advertising structure. The minimum height shall be measured above the adjacent freeway grade, or if on a commercial corridor, from ground level 5. No advertising structure shall have a facing that exceeds one thousand two hundred (1,200) square feet in area with a maximum height of twenty five feet (25) and maximum length of sixty feet (60'), including border and trim and extensions, and excluding base or apron supports and other structural members. This subsection shall apply to each facing on an outdoor advertising structure. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement and is made based on the height and the length but not the depth of the advertising copy. 6. No advertising display may be placed that is so illuminated or contains a digital display that it interferes with the effectiveness of, or obscures any official traffic sign, device, or signal or violates any applicable law nor shall any advertising display include any digital display or be illuminated in a manner that includes by flashing, intermittent, or moving lights as further prohibited by the provisions of the Business and Professions Code nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. 7. Existing setback and yard requirements of the underlying commercial or industrial zone shall not be applicable to placement of any advertising structure. No minimum setback or yard requirements shall be applied to placement of an advertising display. 8. No advertising display shall be placed or maintained in violation of the outdoor advertising act, chapter 2 (commencing with section 5200) of division 3 of the California Business and Professions Code, or any other applicable state, federal, or local law. 9. Unless otherwise specified in this section, the general sign requirements set forth in the Business and Professions Code shall apply to plans and materials for and to design, construction, street address numbers, identification and maintenance of outdoor advertising displays approved under this section. 10. No person shall place an off site outdoor advertising structure without first having secured a zoning permit, a sign permit and a building permit. a. A separate building permit shall be required for each advertising structure whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal. b. At the discretion of the director of development services, a separate zoning permit shall be issued for one advertising structure or a single zoning permit may be issued for any number of advertising structures proposed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal and equally compliant under all applicable Business and Professions Code requirements. 11. No permit of any kind shall be issued for an advertising display without prior approval of an appropriate agreement, by the city council described in subsection A.1 above and permits per subsection A.10 above. council referral, shall make the following determination concerning the parcel(s) for which permits are sought: a. All existing and proposed advertising displays are appropriately scaled to the architectural character of all buildings and structures on the parcel; b. All existing and proposed advertising displays result in a complementary enhancement to the architecture on the parcel; c. All existing and proposed advertising displays result in a visually uncluttered appearance; d. All existing and proposed advertising displays enhance commercial corridors and properties and do not obscure street views of public art, council designated historical buildings, or city council designated projects; e. All existing and proposed advertising displays minimize potential traffic hazards; f. All existing and proposed advertising displays are compliant with all applicable provisions of this zoning code, and federal, state and local law relevant thereto. 2. The city council, , may impose, or the planning commission upon city council referral may recommend, additional conditions as are reasonably necessary to ensure the development is consistent with the general plan, compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare. In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in section 25 -130.5 of this chapter or as such standards may be modified for development agreements, leases or licenses per subsection A.12 above 3. Without exception, every outdoor advertising display approved under this section shall be subject to the following express conditions and reservations: a. If an advertising display is illuminated, any illumination shall not impair the vision of travelers on any adjacent highway, including the freeway or commercial corridor. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or Caltrans regulation. b. When an advertising display is defaced with graffiti, the display owner shall remove the graffiti within forty eight (48) hours after telephonic notice by city. 4. The decision of the city council shall be final and conclusive. 1f- tThe city council may refers the application to the planning commission for deterrninat7en review and recommendation back shall be f s ubjeGt to a pl.Ga .tic F ight to a • decision of the to the city council. 5. Except where an outdoor advertising display is considered per subsection A.1 above, in which case the provisions of subsection A.12 above apply, a Any proposed variance to this subsection shall be deemed a major variance and may be approved only if the city council determines that each of the required findings set forth in section 25 -135.6 of this chapter are met. C. All existing off site outdoor advertising displays that have previously obtained required permits, and which remain in compliance with the terms and conditions of those permits but that are not in conformance with the provisions of this section shall become nonconforming uses. The owner of a nonconforming outdoor advertising display may perform normal repairs and customary maintenance to such existing nonconforming advertising displays, including, but not limited to, changing the advertising message and adding an extension to the outside dimension of a facing. D. All off site outdoor advertising displays approved under this section and existing nonconforming advertising displays may be relocated by mutual agreement between the display owner and the city council on whatever terms are agreeable to both parties. 1. "Relocation" as used in this section, includes removal of an advertising structure and construction of a new advertising structure to substitute for the advertising structure removed. 2. The purpose of this subsection is to allow the city to continue to develop in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication established in outdoor advertising. E. Whenever the following terms are used in this section, they shall be construed as defined in this subsection: ADVERTISING DISPLAY: Refers to advertising structures and to signs placed for off site outdoor advertising purposes on advertising structures. ADVERTISING STRUCTURE: A structure of any kind or character erected, used, or maintained for off site outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed. crystal display), plasma display, fiber optic, projected images or any functionally equivalent technology, and which is capable of automated, remote, or computer control change of the image. EXTENSION: An increase in the size of the advertising area up to thirty three percent (33 %) of the total advertising area of the facing which does not exceed the height, length or total area allowed for in subsection A5 of this section. FACING: The portion of the advertising structure that contains any poster, bill, printing, painting, or other advertisement of any kind whatsoever. FLASHING, INTERMITTENT, OR MOVING LIGHT: A light or message that changes more often than once every four (4) seconds. The illumination or the appearance of illumination resulting in a change of message or advertising copy is not the use of flashing, intermittent, or moving light, unless it changes more often than once every four (4) seconds. FREEWAY: A divided arterial highway for through traffic with full control of access and with grade separations at intersections. MAIN TRAVELED WAY: In the case of a freeway, the traveled way of each of the separate roadways for traffic in opposite directions is the main traveled way. purposes (e.g. water towers, cell towers, or silos) upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed. The term "non- traditional advertising structure" shall not include a building or structure used for the display of on -site commercial messages of commercial uses located at or within said building or structure. SIX HUNDRED SIXTY FEET FROM THE EDGE OF THE RIGHT OF WAY: Six hundred sixty feet (660') measured from the edge of the right of way horizontally along a line perpendicular to the centerline of the highway. (Ord. #1582, §1) Section 2. Except as expressly modified pursuant to this Ordinance, all provisions of the Lynwood Municipal Code shall remain unmodified and in full force and effect. Section 3. If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation. First read at a regular meeting of the City Council held on the 4th day of June, 2013. PASSED, APPROVED, AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4 th day of June, 2013. Sal Alatorre, MAYOR ATTEST: Maria Quinonez, CITY CLERK APPROVED AS TO FORM: Fred Galante, CITY ATTORNEY Roger L. Haley, CITY MANAGER APPROVED AS TO CONTENT: Jonathan Colin, DIRECTOR DEVELOPMENT SERVICES 0 A GENDA STAFF REPO DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Fred Galante, City Attorney SUBJECT: Proposed Development Agreement for Installation and Operation of Billboard at Oakwood Plaza Recommendation: City Staff respectfully request that the City Council conduct the public hearing and introduce Ordinance No. _, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION AND OPERATION OF A NEW BILLBOARD ON PROPERTY LOCATED AT 11123 LONG BEACH BOULEVARD IN THE COMMERCIAL (C -3) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF." Background: Ordinance No. _ is being considered to be introduced by the City Council on June 4, 2013, concurrently with this agenda report. This proposed ordinance revises and updates the Lynwood Zoning Code, Article 70, Chapter 25, to create development standards for digital billboards, as well as the other displays within the City, including those authorized in major City corridors. The updates to the Zoning Code also authorizes development agreements for installation and operation of billboards, including those with digital displays, so the City has greater ability and flexibility to govern billboard uses. The proposal submitted by the applicant here conforms to the Ordinance in terms of sign size; sign height; and placement. The Development Agreement contains provisions from the updates to the Zoning Code governing location, appearance, and maintenance. The Development Agreement also requires the Applicant to pay an annual development fee to the City of the greater of $50,000.00 per year ( "minimum annual fee ") or 10% of net revenues to mitigate potential impacts of the project to the City. The minimum annual fee is increased by 10% at years 6_11, 16, and 21 of the initial 25 yearterm. Discussion and Analysis: The Applicant, Oakwood JH26, LLC and iKahan Media, Inc. (collectively, "Applicant') has submitted a request to allow installation and operation of a new billboard located at 11123 Long Beach Boulevard, in the City of Lynwood (Assessor Parcel Numbers 6170 - 039 -017, -034, -01T� ITEM I0 and - 0036), with one static and one electronic display. The billboard will be a total of 55 feet high from ground level to the top of the sign. The sign displays are requested to be 381.6 square feet (10.6' x 36'). The subject site is zoned C -3 (Heavy Commercial) and is located on the west side of Long Beach Boulevard. The proposed electronic billboard is essentially a flat screen display. The image on the screen will change approximately every eight seconds'. With this newer technology, the images will change instantaneously, with no special effects, video, flashing, or movement, limiting distraction to drivers on Long Beach Boulevard. The display will look very much like a conventional billboard, except for the changing out of digital advertisements. Attachment 1 shows photo simulations of the proposed electronic billboard. The proposed Development Agreement includes the following key provisions: 1. A prohibition on certain advertisements on the billboard. To this end, Section 2.9 specifically provides: "Prohibited Use. Developer shall not utilize any of the displays on the Billboard to advertise tobacco, marijuana, hashish, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language." 2. Term of 25 years, which will extend, subject to renegotiation of the fee payable to the City, which fee will be based on then - applicable market rates for such displays. However, the minimum annual fee cannot increase more than 2% per year. 3. Although initially suggested that a 10 x 30' sign would be preferred, Applicant ultimately applied for a larger sign (14 x 48) to assure the display was readily visible by the traveling public. Because this larger sign could be a visual impact, and following further negotiations, Applicant reduced the proposed size to 10.6 x 36'. 4. Any significant change to the proposed sign would require separate approvals, subject to a hearing by the City Council and /or Planning Commission. Although the City's Code does not specify that this proposal is first to be approved by the Planning Commission, per State Law, the approval of a Development Agreement must be effected by both Planning Commission and City Council action. As such, if the City Council approves the proposed terms of the Development Agreement following the public hearing, it is recommended that the Council conduct the first reading of the Ordinance adopting the Development Agreement, which Ordinance is required to approve a Development Agreement, and refer the proposed project to the Planning Commission for recommendation before conducting the second reading. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, the City, as the Lead Agency, has analyzed the project and has determined that the Project is Categorically Exempt from the provisions of CEQA pursuant to Section 15322 regarding Urban In -Fill Development Projects and no further review is required. A Notice of Exemption will be filed with the office of the Registrar- Recorder /County Clerk, County of Los Angeles. ' Although not a freeway- facing display subject to the regulations of U.S. Department of Transportation, that department generally recommends a display duration of 4 to 10 seconds per image, with 8 seconds considered optimum for traffic safety purposes. 2 Fiscal Impact: As described above, the Development Agreement requires the Developer to pay an annual development fee to the City of the greater of $50,000.00 per year or 10% of net revenues from operation of the sign to mitigate potential impacts of the project to the City. The fee is increased by 10% at years 6, 11, and 16 of the 21 year term. Coordinated With: City Manager Development Services Attachments: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION AND OPERATION OF A NEW BILLBOARD ON PROPERTY LOCATED AT 11123 LONG BEACH BOULEVARD IN THE COMMERCIAL (C -3) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF Development Agreement Between City of Lynwood and Oakwood JH26, LLC and iKahan Media, Inc. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION AND OPERATION OF A NEW BILLBOARD ON PROPERTY LOCATED AT 11123 LONG BEACH BOULEVARD IN THE HEAVY COMMERCIAL (C -3) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, The Applicant, Oakwood JH26, LLC and iKahan Media, Inc. (collectively, "Applicant ") submitted a request to allow installation and operation of a new billboard located at 11123 Long Beach Boulevard, in the City of Lynwood (Assessor Parcel Numbers 6170 - 039 -017, -034, -035 and -0036) ( "Subject Property "), with one static and one electronic display; WHEREAS, the Subject Property is zoned Heavy Commercial (C -3); and WHEREAS, The proposed billboard will be a total of 55 feet high from ground level to the top of the sign. The sign displays are requested to be 381.6 square feet (10.6' x 36'). The subject site is zoned C -3 (Heavy Commercial) and is located on the west side of Long Beach Boulevard. WHEREAS, The proposed electronic billboard is essentially flat screen displays, with the image on the screen changing approximately every eight seconds; WHEREAS, the use of this newer electronic billboard technology allows for images to change instantaneously, with no special effects, video, flashing, or movement, limiting distraction to drivers on Long Beach Boulevard; WHEREAS, the Applicant has negotiated a development agreement with the City to install the proposed billboard, which agreement contains the following key terms: a. A prohibition on certain advertisements including tobacco, marijuana, hashish, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language; b. Annual payments to the City of not less than $50,000, increased by 10% every 5 years as a development fee for the right to install and operate the billboard; C. A term of 25 years, which will extend, subject to renegotiation of the fee payable to the City, which fee will be based on then - applicable market rates for such displays; provided the minimum annual fee does not increase more than 2% per year; d. A display size not to exceed 10.6 x 36'. WHEREAS, although the City's Code does not specify that this proposal is first to be approved by the Planning Commission, per State Law, the approval of a Development Agreement must be effected by both Planning Commission and City Council action, and as such, following the public hearing by the City Council, the Council refers the proposed project to the Planning Commission for recommendation before the Council conducts the second reading. WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, the City, as the Lead Agency, has analyzed the project and has determined that the Project is Categorically Exempt from the provisions of CEQA pursuant to Section 15322 regarding Urban In -Fill Development Projects and no further review is required; WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, the City, as the Lead Agency, has analyzed the project and has determined that the Project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) and no further review is required; the Notice of Exemption was prepared and is on file at the Planning Department and available for review by the public; WHEREAS, on June 4, 2013, the City Council conducted a duly noticed public hearing, as required by law, on the Application to approve the Development Agreement between the City and Applicant, which allows for installation of one billboard containing one static and one digital display, took testimony and reviewed relevant documentary evidence and conducted a first reading of this Ordinance approving the Development Agreement; WHEREAS, in accordance with Development Agreement law, at California Government Code Sections 65864, et seq. the City Council refers this matter to the Planning Commission for recommendation before considering the second reading and adoption of the Ordinance approving the Development Agreement; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Page 2 SECTION 2. The City Council hereby approves the Development Agreement by and between the City of Lynwood and Oakwood JH26, LLC and Kahan Media, Inc. and authorizes and directs the Mayor and the City Clerk to execute this Ordinance and the Development Agreement on behalf of the City of Lynwood forthwith upon its adoption, subject to the prior reference of the proposed project to the Planning Commission for recommendation. SECTION 3. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and /or posted at the designated locations in the City of Lynwood. SECTION 4. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this project. PASSED, APPROVED, AND ADOPTED this _ day of July, 2013. Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Roger L. Haley, City Manager APPROVED AS TO CONTENT: Jonathan Colin, Dir. Development Services Page 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the day of , 2013, and passed by the following vote: AYES: NOES: �-- N ABSENT: Maria Quinonez, City Clerk Page 4 Recording Requested by and When Recorded Return to: CITY OF LYNWOOD 113 30 Bullis Road Lynwood, CA 90262 Attn: City Clerk [Exempt From Recording Fee Per Gov. Code §6103] DEVELOPMENT AGREEMENT NO. This Development Agreement ( "Agreement ") is entered into this day of , 2013, ( "Effective Date ") by and between the CITY OF LYNWOOD, a California municipal corporation ( "City ") and OAKWOOD PLAZA, LLC, a California limited liability company and OAKWOOD JH26, LLC, a California limited liability company, (collectively, "Owner ") and iKAHAN MEDIA, INC., a California corporation (collectively, "Developer "). RECITALS A. California Government Code Sections 65864, et seq., ( " Development Agreement Law ") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Developer has a leasehold interest to that certain portion of real property, located at 11123 Long Beach Boulevard, in the City of Lynwood, Assessor Parcel Numbers 6170 -039- 017, -034, -035 and -0036, as more specifically described in Exhibit "A" and depicted at Exhibit "C ", attached hereto and incorporated herein (collectively, "Site "), which Site is an approximately 48,960 square feet and improved with an approximately 14,800 square foot single -story commercial building, along with parking, landscaping and related improvements. C. Developer seeks to install a maximum 55 foot tall, double -sided billboard with one side being an L.E.D. display ("Digital Display ") and one static display face, each measuring 10' 6" x 30 feet from the base of the display ( "Billboard ") on the south -east corner of the Site and adjacent to Long Beach Boulevard and Oakwood Avenue pursuant to the terms of this Agreement. D. Owner is the owner and operator of the Site and has consented to the application for this Development Agreement and Developer, as the lessee of the Site, as such term is defined below, has legal and /or equitable interest in the Site and thus qualifies to enter into this Agreement in accordance with Development Agreement Law. E. In exchange for the approvals sought to install the Billboard, Developer has offered to: 1 Development Agreement — Ordinance No. 01095/0005/135290.1 I . Pay to the City an annual Development Fee or Alternative Fee, whichever is greater, as defined and provided in Sections 2.6 and 2.7 below for the cost to the city to mitigate the impact of the installation of the Billboard and Digital Display thereon; and 2. Not advertise any display contrary to the provisions of Section 2.9 below. F. The Site is located within the City's Commercial Zone, designated by the General Plan as Commercial. G. The approval of the Project, as defined below, requires a zoning code text amendment to authorize installation and operation of the Billboard at the Site, which amendment Developer and Owner are pursuing through a duly -filed Zoning Code Amendment Application and approved by the City concurrently herewith. H. Developer and City agree that a development agreement should be approved and adopted to memorialize the property expectations of City and Developer as more particularly described herein. I. On June , 2013, the City Council of the City, at a duly noticed hearing to consider the approval of this Agreement, considered the proposal, heard testimony, and introduced Ordinance No. subject to referral of consideration of the matter by the Planning Commission. J. On June 2013, the Planning Commission of the City, at a duly noticed hearing to consider the approval of this Agreement, adopted Resolution No. recommending approval of this Agreement to the City Council and find the Project, as defined below, categorically exempt from the provisions of the California Environmental Quality Act ( "CEQA ") pursuant to Section 15332 regarding Urban In -Fill Development Projects. K. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives including utilizing the Site for a revenue - generating use. L. On , 2013, the City Council held the second reading of Ordinance No. thereby approving this Agreement. M. City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. of the City Council have been duly and regularly taken. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 2 Development Agreement — Ordinance No 01095/0005/135290.1 i. DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.2 "City" means the City of Lynwood, a California municipal corporation and a general law city. 1.1.3 "City Council" means the City Council of the City. 1.1.4 "Developer" means iKahan Media and TBD and operating, and its successors and assigns, doing business at California 90031. duly existing 1.1.5 "Digital Display" shall have the meaning ascribed in the Recitals above. 1.1.6 "Development Approvals" means the approved Development, based on the recommended approval of the City Council, as further described at Recital and Section 3.3 herein. 1.1.7 "Effective Date" means the date inserted into the preamble of this Agreement, which is 30 days following approval of this Agreement by ordinance of the City Council, provided the Agreement is signed by the Developer and City. 1.1.8 "Final Permits" shall have the meaning set forth at Section 2.6. 1.1.9 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Billboard at the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable. 1.1.10 "Lease" means the agreement between Developer and Owner granting Developer the right to install, operate and maintain the Billboard at the Site. 1.LII "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security- device, a lender or each of their respective successors and assigns. 3 Developmmt Agreement — Ordinance No. 0109510005/135290.1 1.1.12 "Owner" means Oakwood Plaza, LLC and Oakwood JH26, LLC, the owners of the Site, and having a mailing address at 6060 E. 8 Street, Suite 301, Los Angeles, CA 90014. 1.1.13 "Project" means the installation, operation and maintenance of the Billboard on the Site, all in accordance with the Development Approvals and this Agreement, including the Scope of Development attached hereto as Exhibit `B " , Schedule of Performance attached hereto as Exhibit "D" and all conditions of approval. 1.1.14 "Site" shall have the meaning ascribed in the Recitals above. 1.1.15 "Schedule of Performance" means the Schedule of Performance attached hereto as Exhibit "D" and incorporated herein. 1.1.16 "Scope of Development" means the Scope of Development attached hereto as Exhibit "B" and incorporated herein. 1.1.17 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) which govern development and use of the Billboard. 1.1.18 "Term" shall have the meaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" (Legal Description of Site), Exhibit "C" (Site Plan and Elevations) and Exhibit "D" (Schedule of Performance). 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Site, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of Developer's obligations thereunder. 2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Law. Additionally, prior to the execution of this Agreement, Developer has allowed the City to view a redacted copy of the Lease which demonstrates that Developer has a leasehold interest in the Site, which interest shall be maintained during the Tenn of this Agreement, at the discretion of the Developer and Owner. If the Lease is prematurely terminated, then Developer shall have no further obligations under this Agreement with respect to that site and Owner will assume Developer' obligations. 2.3 Assignment. Developer may assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent, to any other person, firm, or entity, or to an entity that 4 Development Agreement — Ordinance No. 01095/0005/135290.1 has demonstrated positive experience operating billboards similar to the Project at issue, adequate financial resources and similar expertise in securing advertisers for billboards similar to the Project. Developer shall notify City of any such proposed assignment and provide all documentation necessary for City to verify compliance with the requirements in this Section 2.3 for such transfer. Any transfer not meeting the requirements of this Section 2.3 shall be subject to the approval of the City Council. Any security posted by Developer may be substituted by the assignee or transferee. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred. 2.4 Term of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of; (i) twenty -five (25) years after the date Developer receives Final Permits, as defined in Section 2.6 below; or; (ii) the permanent removal of the Billboard constructed pursuant to the terms hereof. Upon termination of the term, the parties may extend the term, subject to negotiation of an mutually- acceptable escalator of the Development Fee, based on then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations; provided that the negotiated rates shall not increase more than two percent (2 %) per year from those applicable at the end of the twenty -five (25) year term. If the parties are unable to agree to extend the term then, within thirty (30) days after the expiration or termination of this Agreement, the parties shall execute a written cancellation of this Agreement which shall be recorded with the County Recorder at the City's expense and pursuant to Section 9.1 below. If no extension of this Agreement is agreed to, then the Digital Display on the Billboard shall be converted to a static display and the Development Fee reduced per Section 2.6 below. 2.5 Processing Fee. Upon submission of its application for the approvals granted by this Agreement, Developer has paid to City a processing ( "Processing Fee ") in the amount of Three Thousand and No /00 Dollars ($3,000.00), which includes (1) the Development Agreement fee of $3,000 as an initial deposit for the City Attorney costs of preparation, (2) Environmental Documentation fee if S; (3) Public Hearing Notices deposit of $ , and (4) a Noticing fee of $, representing $_ per parcel times the number of parcels to receive public hearing notices. The City shall retain and use the Processing Fee, or any part thereof, for any public purpose within the City's discretion. In addition to the Processing Fee, any additional City Attorney fees incurred by City in the preparation and negotiation of the Development Agreement, not to exceed $5,000 or actual amount of the costs of the Public Hearing Notice ads, shall be Developer's responsibility to pay. The Processing Fee shall be separate from all fees which are standard and uniformly applied to similar projects in the City, including, but not limited to, business license fees (due by Developer to City annually), one time plan check fee and building permit fee and any other fees imposed by the City as may be applicable. Additionally, within 30 days of the City providing Developer with a final invoice of legal fees (subject to the above cap) or incurred by City related to the negotiation and preparation of this Agreement and Public Hearing Notice ads, Developer shall pay City any outstanding balance of such fees. 2.6 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee paid by Developer to City would adequately mitigate all such potential 5 Development Agreement — Ordinance No. 01095/0005/135290.1 impacts. The parties therefore agree that Developer shall pay an annual development fee to City of Fifty Thousand Dollars ($50,000.00) per year, increased by ten percent (10 %) at years 6, 11, 16 of the 20 year term ( "Development Fee "), subject to the obligation to pay the Alternative Fee per Section 2.7 below. The Development Fee, for ease of reference purposes, shall equal the following amounts during the Tenn: Years 1 -5 $50,000 Years 6 -10 $55,000 Years 11 -15 $60,500 Years 16 -20 $66,550 Years 21 -25 $73,150 This pay schedule reflects the Development Fee for the operation of one Digital Display and one static panel on the other side. If, at any time, Developer permanently converts the Digital Display to a static display, then the Development Fee will be reduced by seventy -five percent (75 %) and the Agreement will remain in full force and effect for the static faces.. The Development Fee shall be paid annually, with the first installment no later than one (1) year after Developer receives final approval to construct the Billboard from the applicable governmental authorities for any and all required permits to maintain and operate the Billboard as contemplated under this Agreement ( "Final Permits "). Developer shall notify City within five (5) days of its receipt of all Final Permits for the purpose of determining the date annual payments of the Development Fee (or Alternative Fee per Section 2.7) shall commence. Nothing herein relieves the City from its contractual duty to issue all municipal building permits that are associated with the Project if Developer is in compliance with the terms of this Agreement. 2.7 Alternative Fee: For any year of the Term where the Alternative Fee, as defined in this Section 2.7, exceeds the Development Fee described at Section 2.6 above, Developer shall pay to City the Alternative Fee and not the Development Fee, which is defined as an amount equal to Ten Percent (10 %) of total net advertising revenue (after deducting commissions, and governmental fees, permits and taxes) made from both display faces of the Billboard during the preceding year of the Term. Within ninety (90) days following the end of each year of the Term hereof, and ending within ninety (90) days of the termination of the Term, Developer shall furnish to City a statement in writing, certified by Developer to be correct, showing the total net advertising revenues made from each sign face of the Billboard during the preceding year of the Term attributable to each sign display of the Billboard to the extent such Alternative Fee exceeds the Development Fee for that same preceding year. 2.8 Audit of Alternative Fee. With prior written notice of not less than ten (10) business days, City, at its sole expense, has the right to audit Developer's sign gross revenue related to this Agreement, at Developer's office, on normal workdays between 9:00 a.m. and 4:00 p.m. once per calendar year. If the statement of total gross advertising revenue previously provided to City shall be found to be inaccurate for prior years of the Term, then and in that event, there shall be an adjustment and one party shall pay to the other on demand such sums as may be necessary to settle in full the accurate amount of said percentage rental that should have been paid to City for the period or periods covered by such inaccurate statement or statements. If said audit discloses an underpayment of greater than five percent (5 %) with respect to the amount of total net advertising revenue reported by Developer for the period or periods of said 6 Developrn mt Agreement — Ordinance No. 01095/0005/1352901 thirty (30) days before the anniversary of the Term: (1) description of all complaints from the received regarding the display unrelated to any content of the message displayed, (2) any updates to Developer's contact information related to complaints concerning the billboards, as required in the conditions at Exhibit `B " , Section 6 herein, (3) status and amount of all payment obligations to the City required under this Agreement for the year in question and cumulatively beginning from the Commencement of the Project herein, (4) any easement or lease changes that could in any way materially impact the City or the obligations under this Agreement, (5) any utility changes that could in any way materially impact the City or the obligations under this Agreement, and (6) any maintenance issues addressed or needing to be addressed per the requirements of Exhibit "B " . 5.2 City Rights of Access. Subject to the City's execution of a permit to enter in form reasonably acceptable to Owner, the City, its officers, employees, agents and contractors, shall have the right, at their sole risk and expense, to enter the Site at all reasonable times with as little interference as possible to any of the business and billboard operations thereon for the purpose of assuring compliance with this Agreement, conducting the review under this Section 5, as well as inspection, construction, reconstruction, relocation, maintenance, repair or service of any public improvements or public facilities located on the Site, or to perform any rights of the City under Section 4.2 above. Any damage or injury to the Site or to the improvements constructed thereon resulting from such entry shall be promptly repaired at the sole expense of the City. Notwithstanding the foregoing, or any other provision in this Agreement (including without limitation Section 4.2 above), the City shall have no right whatsoever to enter the Site unless and until the City executes and delivers to Owner a permit to enter in form reasonably acceptable to Owner (except that this provision is not intended to interfere with the City's police powers to address any nuisance, dangerous condition, or other condition pursuant to the City's ordinances). Notwithstanding anything to the contrary herein, in no event will City representatives ever climb up the pole of the sign during any inspection. 5.3 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If, on the basis of the parties' review of any terms of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non- Compliance" specifying the grounds therefore and all facts demonstrating such non - compliance. The party receiving a Notice of Non - Compliance shall have thirty (30) days to cure or remedy the non - compliance identified in the Notice of Non - Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied within such thirty (30) days period, to commence to cure or remedy the non- compliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice of Non - Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within thirty (30) days after receipt of the Notice. If the response to the Notice of Non - Compliance has not been received in the offices of the party alleging the non - compliance within the prescribed time period, the Notice of Non - Compliance shall be conclusively presumed to be valid. If a Notice of Non - Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if Development Agreement — Ordinance No. 0109510005/135290.1 the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non - compliance may thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach if the reason for non - compliance is due to a "force majeure" as defined in, and subject to the provisions of, Section 9.10. 5.4 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ( "Certificate ") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council, that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Site. 6. DEFAULT AND REMEDIES. 6.1 Termination of Agreement. 6.1.1 Termination of Agreement for Material Default of Developer. City, in its discretion, may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach ") beyond the applicable notice and cure period set forth in Subsection 6.1.2 below; provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.4. In the event of a termination by City under this Section 6.1.1, Developer acknowledges and agrees that City may retain all fees accrued up to the date of the termination, including the Processing Fee and the Development Fee paid up to the date of termination, and Developer shall pay the prorated amount of the Development Fee within sixty (60) days after the date of termination and removal of the Billboard or the Digital Display that equates to the percentage of time elapsed in the year of the Term at the time of termination. 6.1.2 Material Default of City. Developer, in its discretion, may terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 5.4. In the event of a breach by City, Developer acknowledges and agrees that City shall not be liable beyond Developer's unamortized costs of development of the Billboard, subject to Developer providing adequate proof of such costs, and Developer shall pay the prorated amount of the Development Fee or Alternative Fee, as applicable, within sixty (60) days after the date of termination and removal of the Digital Display that equates to the percentage of time elapsed in the year of the Term at the time of termination. t2 Development Agreement — Ordinance No. 01095/00051135290.1 6.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, (iii) Developer's obligation to remove the Digital Display pursuant to Section 4.1 or (iv) any continuing obligations to indemnify other parties. 7. INSURANCE, INDEMNIFICATION AND WAIVERS. 7.1 Insurance. 7.1.1 Types oflnsurance (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional insured, and Developer comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of section 7.2. Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least One Million Dollars ($1,000,000) for bodily injury or death to any one person, at least One Million Dollars ($1,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer. (b) Worker's Compensation. Developer shall also furnish or cause to be furnished to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law. (c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A - ". All such policies shall be non - assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially changed except after written notice by the insurer to City or City's designated representative as expeditiously as insurance company agrees to provide notice. Developer shall furnish City with certificates evidencing the insurance City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement. 13 Development Agreement — Ordinance No. 01095,0005/1352901 (1) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer; (2) Any failure of Developer to comply with performance of all of the provisions of this Agreement; (3) Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. (a) Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or representatives causes such injury or damage when accessing the Site, (ii) to the extent covered in any permit to enter executed by the City, or (iii) negligent or willful acts or omissions of the City, its employees, officials, representatives or agents. (b) Period of Indemnification. The obligations for indemnity under this Section 7.2 shall begin upon the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination. 7.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this Project, except as specifically provided hereunder which include but is not limited to, a claim or liability arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. 8. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Site. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with 15 Development Agreement— Ordinance No. 01095/0005/135290A court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years and further provided that if such delay is longer than six (6) months, Developer may terminate this Agreement upon written notice to City and City shall return to developer any portion of the Development fee paid for any period after the effective date of such termination.. 9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 9.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable. 9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private activity, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work 18 Developmmt Agreement — Ordinance No. 01095/0005/135290.1 Attn: Fred Galante, Esq. To Developer: iKahan Media 1341 Brinkley AveLos Angeles, CA 90049 To Owner: OAKWOOD JH 26 9.21 Nonliabitity of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 9.22 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.23 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer under the Lease. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. City: CITY OF LYNWOOD Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney 20 Developmrnt Agreement — ordinance No. 01095/0005/135290.1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On 2013, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) Notary Public [SEAL] On 2013, before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public 22 Development Agreement— Ordinmce No. 0109510005/135290.1 EXHIBIT "A" LEGAL DESCRIPTION OF SITE Insert legal description: Development Agreement — Ordinance No. A- I 01095/0005/135290.1 EXHIBIT B SCOPE OF DEVELOPMENT Developer and City agree that the Project shall be undertaken in accordance with the terms of the Agreement, which include the following: 1. The Project The use authorized by this Agreement allows for installation of 1 off - premises outdoor advertising sign structure with one static face and one Digital Display. The Digital Display, as further defined in this Agreement, is an off -site sign face that uses digital technology to change the static messages on the sign electronically. This type of display shall not contain video, animation, movement, flashing or the appearance of movement. The Digital Display only contains messages that are static for 8 seconds at a time and then change to the next message. To this end, Developer shall install a _55' high structure (measured from the ground level to the top of the display), with a double -sided sign structure, having a 10' 6" x 36' foot digital face, directed to the south- bound traffic on Long Beach Boulevard on the Site, leaving the other side a static display. Developer shall operate and maintain the Billboard on the Site in accordance with the Development Approvals and this Agreement and all conditions of approval. Developer shall install underground all utilities necessary for the Billboard. 2. Building Fees Developer shall pay all applicable City building fees, as described at Section 2.5 of this Agreement, at the time that a building permit is issued for the installation of the Billboard. 3. Maintenance Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following. Maintenance and repair of the Billboard, including but not limited to, the displays installed thereon, and all related on -site improvements, easements, rights -of -way and, if applicable, at its sole cost and expense, including, without limitation, poles, lighting, signs and walls, in good repair, free of graffiti, rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site unless those federal, State, and local bodies have an exception for a legal nonconforming use. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Project; (ii) the ongoing maintenance by the Developer of any access area to the Billboard to minimize dust caused by the Project; (iii) the adequate and complete removal or painting over of all graffiti within 48 hours of notice of such graffiti being affixed on the Billboard; and (iv) the repair, replacement and repainting of the structure and displays as necessary to maintain such Billboard in good condition and repair. 4. Other Rights of City In the event of any violation or threatened violation of any of the provisions of this Exhibit "B," then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of this Agreement, the City shall have the right, after complying with Section 5.4 of this Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit to enter in form reasonably acceptable to Owner) and charging Development Agreement — Ordinance No. B- I 0 1095100051135290. 1 Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Site or any part thereof or interests therein as to the violating person or one threatening violation. 5. No City Liability The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of this Agreement. The failure of the City to enforce this Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to the Developer, its successors, transferees or assigns, for any default or breach by the City under this Agreement. 6. Conditions of Approval The following additional conditions shall apply to the installation of the Billboard and shall conform to all applicable provisions of the Lynwood Municipal Code (IMC), including but not limited to the provisions of Section , and the following conditions, in a manner subject to the approval of the Development Services Director or designee: (a) Conditions to be met before Final Permits Prior to the issuance of a business license, occupancy permit, final inspection by the Community Development Department, and Final Permits, all applicable conditions of approval (except those involving construction permits) shall be completed to the reasonable satisfaction of the City. (b) Building Permit A building permit from the Building and Safety Division will be required, structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official. All construction shall be in compliance with the Lynwood Municipal Code. (c) Plans. The use and improvements authorized by this Agreement shall conform to the plans as finally approved by the City (date stamped 2013) as conditioned herein, and any appreciable modification of the plans or mode of operation, as determined by the Development Services Director, shall require the prior approval of the Planning Commission. (d) Digital and Static Display dimensions The size of each sign display of the Billboard shall not exceed a maximum area of 300 square feet with no more than 60 total feet of extensions or borders and shall not to exceed a maximum height of feet, including all extensions, and shall be consistent with the Elevations at Exhibit "C" approved by the City as part of the Development Approvals. (e) Utility, Building and Electrical and Energy Plan Check Plans and specifications for the proposed installation of the Billboard, including plans for all utilities, electrical and energy plan check shall be submitted to the City Development Services and Building Departments for plan check and approval prior to the issuance of building and electrical permits. (f) Compliance with applicable law Developer shall maintain the Site and use thereof in full compliance with all applicable codes, standards, policies and Development Agreement — ordinance No. B-2 01095/0005/135290.1 regulations imposed by the City, County, State or federal agencies by any dully and valid city, county or state ordinance with jurisdiction over the facilities, unless the Project is exempted as a legal nonconforming use. (g) Fees. The Developer shall pay any and all applicable fees due to any public agency prior to the final issuance of the building permits. (h) Use within Site The activities proposed in this Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right -of- way. (i) Utilities Developer shall be required to install all utilities underground in connection with the Billboard. 0) Light/Glare Developer shall comply with State law regarding the limitation of light or glare or such other standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot - candles limitation over ambient light levels and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City's Development Services Director or designee with a designated Developer employee's phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day /7 days per week. Upon any reasonable complaint by the City's Development Services Director or designee, Developer shall perform a brightness measurement of the display using OAAA standards and provide City with the results of same within 5 days of the City's complaint. Developer shall dim the display to the appropriate setting immediately upon the conclusion of any such measurement that concluding that the light standards were exceeded. (k) Public Works: (1) NPDES Developer shall comply with all necessary NPDES requirements pertaining to the proposed use, to the extent applicable. (2) Other Fees and Permits Separate permits are required for all work within the public right -of -way. The applicant shall be responsible for all fees for the necessary permits and construction inspections for work within the public - right -of -way. Development Agreement — Ordinance No. B -3 01095)0005/135290.1 EXHIBIT C Development Agreement — Ordinance No. DEPICTION OF SITE [See following page] C -I 01095/0005/135290.11 EXHIBIT D SCHEDULE OF PERFORMANCE ITEM OF PERFORMANCE TIME FOR REFERENCE PERFORMANCE 1. City's City Council holds public June 4, 2013 (1 Reading) Recitals hearing to introduce Ordinance approving Agreement and refers to Planning Commission for recommendation of proposal 2. City's Planning Commission holds June 1 2013 Recitals hearing to recommend proposed Project to Council 3. City's City Council considers July 1 2013 (2 " Reading) Recitals recommendation of Planning provided Developer has fully Commission and conducts second executed the Agreement reading of Ordinance 4. Effective Date of this Agreement. 30 days following Council's N/A second reading of Ordinance, or , 2013. 5. Developer prepares and submits to Within 120 days of the 3.4 City working drawings Council's second reading of the specifications and engineering, City Ordinance approving this commences approval process. Agreement 6. City to approve all construction, Within 30 days of City's receipt 3.3, 3.4 engineering drawings and of Applicant's construction specifications with a plan check drawings and specifications approval and issue all necessary addressing all of City's permits, including but not limited comments to, a building permit. 7. Developer to submit proof of Prior to commencing any 7.1.2 insurance to City inspections and work on the Project 8. Developer pays City first Within 1 year of Developer 2.6 installment of Development Fee if receiving Final Permits Developer receives Final Permits F -1 0109510005/1352904 ITEM OF PERFORMANCE TIME FOR PERFORMANCE REFERENCE 9. Developer pays City second Beginning within 2 years of 2.6 through twenty -fifth installments of Developer receiving Final Development Fee if Developer Permits, and ending 25 years receives Final Permits thereafter. Each payment occurring at the end of each year of the Term. 10. Developer pays the Alternative Fee Within 90 days of the end of 2.7 if in excess of the Development each year of the Term Fee. It is understood that this Schedule of Performance is subject to all of the terms and conditions of the text of the Agreement. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern. The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both the Developer and the City. Notwithstanding any extension of the Term in the manner described in, and subject to the provisions of, Section 3.5, the City Manager shall have the authority to approve extensions of time set forth in this Schedule of Performance without action of the City Council not to exceed a cumulative total of 180 days. Development Agreement — Ordinance No. D -2 0109510005/135290.04 619RVy 1 A GEN DA ST DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag6�r PREPARED BY: Amanda Roberson, Director of FinanceGq Lilly Hampton, Accounting Technicianoo SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for June 4, 2013. ------------- - - - - -- Attached Warrant Register dated June 4, 2013--------- - - - - -- ITEM /1 vchlist Voucher List Page: 1 05/29/2013 9:32:48AM City of Lynwood EFT Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 1001361 5/13/2013 000053 CALPERS 000053053113 MEDICAL PREMIUM 5/2013 1011.20140 158,860.47 7151.35.355.64012 34,688.40 7151.35.355.64399 498.92 - Total: 194,047.79 1001362 5/8/2013 007811 WELLS FARGO BANK 007811060113 T.R.I.P.- SERIES 2012 5011.30.280.67605 100,927.00 9011.30.301.67899 1,027.50 Total: 101,954.50 2 Vouchers for bank code : apbank Bank total : 296,002.29 2 Vouchers in this report Total vouchers : 296,002.29 vchlist Voucher List Page: 2 05/1312013 11:18:39AM City of Lynwood P RE —PAID CHECKS Bankcode: apbank Voucher Date Vendor Invoice PD# Description /Account Amount 173909 5/13/2013 008313 3CMASAVVYAWARDS 008313050813 REGISTRATION FEES 1011.55.250.64399 160.00 Total: 160.00 173910 5/13/2013 008293 ARCHITECT, DIVISION OF THE STATE 008293041513 SB 1186 APPLICANT FEES 1011.20203 487.20 Total: 487.20 173911 5/13/2013 000141 AT &T 000141042513 TELEPHONE SVCS 1011.30.290.64501 45.35 000141042613A TELEPHONE SVCS 1011.30.290.64501 132.03 Total: 177.39 173912 5/13/2013 006399 AT &T 000004306417 TELEPHONE SVCS 1011.30.290.64501 60.71 000004309109 TELEPHONE SVCS 1011.30.290.64501 30.63 000004309110 TELEPHONE SVCS 1011.30.290.64501 15.96 Total: 107.30 173913 5/13/2013 008285 GASTON, NANCY 2796728 LIABILITY CLAIM- GASTON,N 05- 001023 7151.35.350.67410 200.00 Total: 200.00 173914 5/13/2013 008283 MARITZA, GOMEZ 2795574 LIABILITY CLAIM- GOMEZ,M /L 05- 001024 7151.35.350.67410 999.99 Total: 999.99 173915 5/1312013 008282 MELENDEZ, ALFREDO 2796729 LIABILITY CLAIM- MELENDEZ,A 05- 001025 7151.35.350.67410 275.00 Total: 275.00 173916 5113/2013 000427 PETTY CASH - C.M.O. 000427050213 REPLENISHMENT 1011.25.205.64399 154.76 vchlist Voucher List Page: 3 05/13/2013 11:18:39AM City of Lynwood PRE —PAID CHECKS Bank code: apbank Voucher Date Vendor Invoice PON Description /Account Amount 173916 5/13/2013 000427 PETTY CASH- C.M.O. (Continued) 1011.10.101.64399 150.71 1011.25.205.64399 150.00 1011.25.205.65020 23.32 Total: 478.79 173917 5/1312013 000163 SOUTHERN CALIFORNIA EDISON 000163050713A POWER SVCS 2051.45.430.65001 217.82 2651.45.425.65001 68.50 Total: 286.32 9 Vouchers for bank code : apbank Bank total : 3,171.99 9 Vouchers in this report Total vouchers : 3,171.99 vchlist Voucher List Page: 4 05115/2013 8:29:55AM City of Lynwood PRE —PAID CHECKS Bank code: apbank Voucher Date Vendor Invoice Po # Description /Account Amount 173918 5/14/2013 006399 AT &T 000004294753 TELEPHONE SVCS 6051.45.450.64501 200.43 000004294754 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294755 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294756 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294757 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294758 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294759 TELEPHONE SVCS 6051.45.450.64501 66.80 000004294760 TELEPHONE SVCS 6051,45.450.64501 66.80 000004294761 TELEPHONE SVCS 6051.45.450.64501 473.68 000004294762 TELEPHONE SVCS 6051.45.450.64501 190.80 000004294766 TELEPHONE SVCS 6051.45.450.64501 17934 000004294767 TELEPHONE SVCS 6051.45.450.64501 179.34 Total: 1,691.19 173919 5/14/2013 007566 HERNANDEZ, EDWIN 007566051313 ELEC /MEDIAAND AUTO EXPENSE 1011.20.110.60025 250.00 1011.20.110.60030 250.00 Total: 500.00 173920 5114/2013 000163 SOUTHERN CALIFORNIA EDISON 000163042313A POWER SVCS 2651.45.425.65001 23.57 000163042413 POWER SVCS 2051.45.430.65001 45.44 000163042413B POWER SVCS vchlist Voucher List Page: 5 05115/2013 8:29:55AM City of Lynwood PRE —PAID CHECKS Bankcode: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173920 5/1412013 000163 SOUTHERN CALIFORNIA EDISON (Continued) 2651.45.425.65001 1,762.30 000163042513 POWER SVCS 2051.45.430.65001 86.62 2701.45.610.65001 24.88 000163042613 POWER SVCS 2051.45.430.65001 354.48 2651.45.425.65001 431.23 000163042713 POWER SVCS 2051.45.430.65001 65.78 Total: 2,794.30 173921 5/14/2013 002353 SPRINT 269490420 -035 CELL PHONE SVCS 02- 001469 1011.30.290.64501 1,271.32 02- 001469 6051.30.290.64501 1,271.31 Total: 2,542.63 173922 5/1412013 000041 VERIZON WIRELESS -LA 9703636364 EMERGENCY TELEPHONE SVCS 1011.30.290.64501 3.55 Total: 3.55 173923 5/15/2013 008303 AND ALEX C. CORN, CALIFORNIAAUTO BROh 2810167 CLAIM SETTLEMENT PMT 05- 001026 7151.35.350.67410 2,700.00 Total : 2,700.00 173924 5/15/2013 000124 CITY OF LYNWOOD 000124 WORKERS COMP REPLENISHMENT 7151.35.345.67410 20,013.85 Total: 20,013.85 173925 5/15/2013 008310 KADE & MARIA T. RAMIREZ, LAW OFFICES OF 008310050913 CLAIM SETTLEMENT PMT 05- 001028 7151.35.350.67410 12,500.00 Total: 12,500.00 173926 5/15/2013 008311 LEON, CYNTHIA 2816238 CLAIM SETTLEMENT PMT 05- 001029 7151.35.350.67410 332.82 Total: 332.82 173927 5/15/2013 008294 MERCURY INSURANCE A/S /O LEON 2808746 CLAIM SETTLEMENT PMT vchlist 0511512013 8:29:55AM Voucher List City of Lynwood PRE —PAID CH Page: 6 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173927 5/15/2013 008294 MERCURY INSURANCE A/S /O LEON (Continued) 05- 001027 7151.35.350.67410 2,911.50 Total: 2,911.50 173928 5115/2013 001313 OUINONEZ, MARIA 001313053113 ELEC /MEDIAAND AUTO REIMB 1011.15.105.60025 250.00 1011.15.105.60030 250.00 Total: 500.00 173929 5/15/2013 008312 RIVERA, RICARDO 2816231 CLAIM SETTLEMENT PMT 05- 001030 7151.35.350.67410 499.99 Total: 499,99 12 Vouchers for bank code: apbank Bank total : 46,989.83 12 Vouchers in this report Total vouchers: 46,989,83 vchlist Voucher List Page: 7 05115/2013 3:50:12PM City of Lynwood PRE —PAID CHECKS Bankcode: apbank Voucher Date Vendor Invoice P O# Description /Account A mount 173930 5/15/2013 001211 THE BANK OF NEW YORK MELLON 001336041713 BOND PMT 06- 004465 6051.45.450.67601 150,000.00 06- 004465 6051.45.450.67605 139,718.75 001336041713A BOND PMT 06- 004464 6051.45.450.67601 45,000.00 06- 004464 6051.45.450.67605 131,387.51 001336041713B BOND PMT 06- 004466 6051.45.450.67601 185,000.00 06- 004466 6051.45.450.67605 227,790.65 Total: 878,896.91 1 Vouchers for bank code : apbank Bank total : 878,896.91 1 Vouchers in this report Total vouchers ; 878,896.91 vchlist 05/20/2013 4:53:50PM Voucher List City of Lynwood PRE —PAID CHECKS Page: 8 Bankcode: apbank Voucher Date Vendor Invoice PO# Description /Account Amount 173931 5/20/2013 006399 AT &T 000004306416 TELEPHONE SVCS 6051.45.450.64501 132.68 Total: 132.68 173932 5/20/2013 001433 INDEPENDENT CITIES ASSOCIATION 0001433071113 REGISTRATION- MORTON,J 1011.10.101.64015 650.00 001433071113A REGISTRATION- RODRIGUEZ,R 1011.10.101.64015 650.00 001433071113B REGISTRATION- ALATORRE,S 1011.10.101.64015 650.00 Total: 1,950.00 173933 5/20/2013 000226 LOPEZ,ALFREDO 000226031913 DEDECTABLE REIMB 1011.35.330.61035 300.00 Total: 300.00 173934 5/20/2013 001432 RANCHO BERNARDO INN 001432071113 LODGING- RODRIGUEZ,R 1011.10.101.64015 230.93 001432071113A LODGING- ALATORRE,S 1011.10.101.64015 461.86 0014320711138 LODGING- MORTON,J 1011.10.101.64015 461.86 Total: 1,154.65 173935 5/20/2013 000163 SOUTHERN CALIFORNIA EDISON 000163050113 POWER SVCS 2051.45.430.65001 83.24 000163050113B POWER SVCS 2051.45.430.65001 37.72 2651.45.425.65001 88.32 2701.45.610.65001 245.74 6051.45.450.65001 1,488.98 000163050213 POWER SVCS 6051.45.450.65001 12,830.09 000163050313 POWER SVCS 2051.45.430.65001 56.09 2651.45.425.65001 143.58 vchlist Voucher List Page: 9 05120/2013 4:53:50PM City of Lynwood PRE —P AID CHECKS Bank code: apbank Voucher Date Vendor 173935 5/20/2013 000163 Invoice PO it Description /Account 000163 SOUTHERN CALIFORNIA EDISON (Continued) Total: 5 Vouchers for bank code: apbank 5 Vouchers in this report Bank total : Total vouchers: Amount 14,973.76 18,511.09 18,511.09 vchlist Voucher List Page: 10 05/23/2013 1:43:56PM City of Lynwood PRE —PAID CHECKS Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173936 5/23/2013 006399 AT &T 000004326041 TELEPHONE SERVICE 6051.45.450.64501 14.71 000004345953 TELEPHONE SERVICE 6051.45.450.64501 74.98 Total: 89.69 173937 5/23/2013 004986 BIOMETRICS4ALL, INC 12806 ANNUAL MAINTENANCE 05- 001019 1011.35.330.63025 658.00 Total: 658.00 173938 5/23/2013 001224 STANDARD INSURANCE COMPANY 001224063013 LIFE INSURANCE PREMIUM 612015 1011.20140 2,395.00 7151.35.355.64012 497.00 Total: 2,892.00 173939 5/2312013 003519 TGIS CATERING SERVICES 16220 FOOD SVCS. FOR CITY COUNCIL MEE 01- 000834 1011.25.205.64399 299.06 16249 FOOD - GATEWAY CITIES CITY MANAG 01- 000837 1011.25.205.64015 407.81 Total: 706.87 173940 5123/2013 006399 AT &T 000004345952 TELEPHONE SERVICE 1011.60.705.64501 122.84 Total: 122.84 173941 5/23/2013 000163 SOUTHERN CALIFORNIA EDISON 000163050713•A LIGHT & POWER SERVICE 2651.45.425.65001 31,975.61 6051.45.450.65001 2,918.88 000163050813 LIGHT & POWER SERVICE 2051.45.430.65001 121.00 2651.45.425.65001 6,476.25 000163050913 LIGHT & POWER SERVICE 2051.45.430.65001 90.48 2651,45.425.65001 144.63 000163051013 LIGHT & POWER SERVICE 2051.45.430.65001 63.94 vchlist Voucher List Page: 11 05123/2013 1:43:56PM City of Lynwood PRE— PAID';CHECKS Bankcode: apbank Voucher Date Vendor 173941 5123/2013 000163 SOUTHERN CALIFORNIA EDISON 173942 5/23/2013 004679 TIME WARNER CABLE 173943 5/23/2013 008321 MEDIATEMPLE, INC Invoice PD# Description /Account Amount (Continued) 2651.45.425.65001 6,716.78 000163051113 LIGHT & POWER SERVICE 2051.45.430.65001 344.97 2651.45.425.65001 25.08 2051.45.430.65001 38.56 2701.45.610.65001 296.74 000163051413 LIGHT & POWER SERVICE 2051.45.430.65001 329.08 000163051713 LIGHT & POWER SERVICE 1011.60.740.65001 1,393.19 1011.60.710.65001 1,517.65 1011.60.740.65001 1,366.38 1011.60.745.65001 2,062.00 1011.60.710.65001 608.97 1011.60.720.65001 1,288.30 000163051713 -A LIGHT & POWER SERVICE 2651.45.425.65001 2,061.95 2701.45.610.65001 300.34 2051.45.430.65001 3,761.88 6051.45.450.65001 73.25 2051.45.430.65001 208.78 1011.45.415.65001 952.78 000163051813 LIGHT & POWER SERVICE 2051.45.430.65001 56.73 Total: 65,194.20 004679060813 INTERNET- CITY HALL 02- 001563 1011.30.290.64399 217.50 02- 001563 6051.30.290.64399 217.50 Total: 435.00 222358 -3 WEB HOSTING SERVICES 02- 001561 1011.30.290.64399 100.00 02- 001561 6051.30.290.64399 100.00 Total: 200.00 vchlist 05123/2013 1:43:56PM Voucher List City of Lynwood PRE —PAID CHECKS Page: 12 Bankcode: apbank Voucher Date Vendor Invoice Po # Description /Account Amount 8 Vouchers for bank code : apbank Bank total : 70,298.60 8 Vouchers in this report Total vouchers : 70,296.60 vchlist 05/2912013 8:38:30AM Voucher List City of Lynwood Page: 13 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173944 T 6/4/2013 006655 ALESHIRE & WYNDER, LLP 22533 LEGAL SERVICES 04- 000455 1011.50.505.62001 5,670.43 23617 LEGAL SERVICES - CITY COUNCIL 02- 001459 1011.30.265.62003 1,323.00 23622 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 84.00 23624 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 2,071.17 23625 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 2,060.01 23626 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 90.52 23628 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 5,709.07 23630 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 165.50 23631 LEGAL SERVICES - H.R. 02- 001463 1011.30.265.62008 231.00 Total : 17,404.70 173945 6/4/2013 003254 - ANIMAL CARE AND CONTROL, COUNTY 003254043013 ANIMAL CONTROL SERVICES 02- 001476 1011.40.445.62015 3,499.86 Total : 3,499.86 173946 6/4/2013 007283 BAILEY, VANESSA 007283043013 LINE DANCING INSTRUCTOR 08- 002216 1011.60.720.64399 150.00 Total: 150.00 173947 6/4/2013 008315 BATTISTE, DONNA 033885 REFUND -YOUTH CENTER RENTAL 1011.60.33205 40.00 Total: 40.00 173948 6/4/2013 004986 BIOMETRICS4ALL, INC 32880 ADMINISTRATIVE FEE 05- 000955 1011.35.330.64399 12.00 Total: 12.00 vchlist 0512912013 8:38:30AM Voucher List City of Lynwood Page: 14 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173949 6/4/2013 008284 CANNON SPORTS 444858 SOFTBALLS FOR 2013 COED SUMP 08- 002241 1011.60.705.65020 416.54 Total: 416.54 173950 6/4/2013 001330 CANON FINANCIAL SERVICES, INC. 12651846 CANON FINANCE COPIER LEASE A 02- 001451 1011.30.270.64399 72.40 02- 001451 1011.30.275.64399 72.40 02- 001451 1011.30.310.64399 72.41 02- 001451 6051.30.315.64399 72.40 12723944 LEASE PAYMENT FOR COPIERS 01- 000870 1011.25.205.63030 142.65 01- 000870 1011.35.330.63030 142.65 01- 000870 6051.30.290.63030 161.58 01- 000870 1011.50.501.63030 285.32 01- 000870 1011.55.250.63030 142.66 12723945 COPIER LEASE AGREEMENT - HR 05- 000979 1011.35.330.63030 713.96 12723947 CANON FINANCE COPIER LEASE A 02- 001451 1011.30.270.64399 72.40 02- 001451 1011.30.275.64399 72.40 02- 001451 1011.30.310.64399 72.40 02- 001451 6051.30.315.64399 72.41 Total: 2,168.04 173951 6/4/2013 001195 CDW GOVERNMENT CG86599 OPERATING SUPPLIES 02- 001439 6051.30.290.65020 398.28 CG88105 OPERATING SUPPLIES 02- 001439 6051.30.290.65020 301.06 CG94271 OPERATING SUPPLIES 02- 001439 6051.30.290.65020 216.95 Total : 916.29 173952 614/2013 008107 CHICAGO TITLE COMPANY FCPF- 091130100112 TITLE REPORTS FOR HOME /CDBG 11- 000237 2941.75.286.62015 18.00 FCPF- 0911302047/2 TITLE REPORTS FOR HOME /CDBG 11- 000237 2941.75.286.62015 18.00 FCPF- 0911304095/1 TITLE REPORTS FOR HOME /CDBG vchlist 05129/2013 8:38:30AM Voucher List City of Lynwood Page: 15 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173952 6/4/2013 008107 CHICAGO TITLE COMPANY (Continued) 11- 000237 2961.75.865.62015 65.00 FCPF- 0911305021 -1 TITLE REPORTS FOR HOME /CDBG 11- 000237 2961.75.865.62015 65.00 Total : 166.00 173953 6/4/2013 008341 CHRISTMAS, AHNAISE 003385 REFUND - BATEMAN HALL RENTAL 1011.60.33215 150.00 Total : 150.00 173954 6/4/2013 000124 CITY OF LYNWOOD 27980 -27997 WORKER'S COMP REPLENISHMEN 7151.35.345.67410 9,177.93 Total : 9,177.93 173955 6/4/2013 008330 COX, NAKEYSHA 033575 REFUND -YOUTH CENTER RENTAL 1011.60.33205 40.00 Total : 40.00 173956 6/4/2013 000138 DAILY JOURNAL CORPORATION B2458851 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 168.00 B2460550 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 130.20 B2475203 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 159.60 82476286 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 151.20 B2476290 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 130.20 B2477706 NOTICE OF PUBLIC HEARING 01- 000902 1011.10.101.62025 277.20 B2478899 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 126.00 82478901 PUBLICATION SERVICES 04- 000456 1011.50.501.62025 155.40 Total: 1,297.80 173957 6/412013 001306 DATAQUICK INFORMATION B1- 2157614 PROPERTY OWNERSHIP RESEAR( vchlist Voucher List Page: 16 05/29/2013 8:38:30AM City of Lynwood Bank code: Voucher apbank Date Vendor Invoice PO # Description /Account Amount 173957 6/4/2013 001306 DATAQUICK INFORMATION (Continued) 02- 001474 6051.30.315.64399 75.00 B1- 2159500 PROPERTY DETAIL INFORMATION 04- 000439 1011.50.605.64399 250.00 Total : 325.00 173958 614/2013 008320 DAVILA, JORGE 800044017 REFUND - PARKING CITATION 1011.55.34150 120.00 Total : 120.00 173959 6/412013 008322 DELEON, NICOLAS & ROSALBA 800052204 REFUND - PARKING CITATION 1011.55.34150 220.00 Total: 220.00 173960 6/4/2013 003352 DEPT. OF JUSTICE CTRL SERVICES 967544 BACKGROUND CHECKS 05- 000956 1011.35.330.64399 217.00 Total : 217.00 173961 6/4/2013 008323 DOMINGUEZ, JOE & LUISA 800055026 REFUND- PARKING CITATION 1011.55.34150 580.00 Total: 580.00 173962 6/4/2013 002799 ECS IMAGING INC 9421 LASERFICHE ANNUAL SUPPORT S' 01- 000899 1011.25.205.62015 11,595.00 Total: 11,595.00 173963 6/4/2013 004089 ELDER, BRUCE A. 004089052313 KARATE INSTRUCTOR 1011.60.33220 956.60 Total: 956.60 173964 6/4/2013 008249 ENVIRONMENTAL SCIENCE ASSOC. 102503 HOUSING ELEMENT UPDATE CONI 04- 000457 1011.50.505.62015 6,599.25 Total: 6,599.25 173965 6/4/2013 001409 EQUIPMENT, INC., LINCOLN S1211668 CHAIR LIFT FOR POOL 08- 002228 1011.60.745.66015 6,361.55 Total: 6,361.55 vchlist 05/29/2013 8:38:30AM Voucher List City of Lynwood Page: 17 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173966 6/4/2013 003317 FAIR HOUSING FOUNDATION 003317043013 CDBG PUBLIC SERVICE PROGRAN 11- 000192 2941.75.285.64399 1,404.75 Total : 1,404.75 173967 6/4/2013 000003 FIRST CHOICE SERVICES 381103 RENTAL OF COFFEE MACHINE 08- 002246 1011.60.740.63030 20.00 385639 RENTAL OF COFFEE MACHINE 08- 002246 1011.60.740.63030 20.00 389452 RENTAL OF COFFEE MACHINE 08- 002246 1011.60.740.63030 50.00 393448 RENTAL OF COFFEE MACHINE 08- 002246 1011.60.740.63030 50.00 397658 COFFEE AND WATER SERVICES 01- 000897 1011.10.101.67950 40.67 01- 000897 1011.25.205.67950 40.68 399601 COFFEE AND WATER SERVICES 01- 000897 1011.10.101.67950 109.50 01- 000897 1011.25.205.67950 109.50 Total: 440.35 173968 6/4/2013 003335 FIRST LEGAL SUPPORT SERVICE 116740 COURIER SERVICES 05- 000998 1011.35.330.64399 35.00 Total: 35.00 173969 6/4/2013 008324 GALLEGOS, ENRIQUE 800051298 REFUND - PARKING CITATION 1011.55.34150 57.00 Total: 57.00 173970 6/4/2013 003339 GBS LINENS 01- 467836 -01 LINEN CLEANING SVCS. 01- 000898 1011.10.101.64399 128.59 01- 467836 -01 -A CLEANING OF LINEN SERVICES 01- 000900 1011.10.101.64399 160.84 01- 467837 -01 LINEN CLEANING SVCS. 08- 002146 1011.60.740.64399 12.76 Total: 302.19 173971 6/412013 000747 GOVPARTNER 0006011 SERVICE REQUEST SYSTEM vchlist 05/2912013 8:38:30AM Voucher List City of Lynwood Page: 18 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173971 6/4/2013 000747 GOVPARTNER (Continued) 07- 000523 1011.55.515.62015 60.00 07- 000523 1011.50.605.62015 90.00 07- 000523 2051.45.410.62015 90.00 07- 000523 2601.40.230.62015 120.00 07- 000523 2701.45.610.62015 60.00 07- 000523 6051.45.450.62015 120.00 07- 000523 2651.45.425.62015 60.00 Total : 600.00 173972 6/4/2013 000993 GRIM INFORMATION MANAGEMENT 0193123 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 20.00 0193124 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 2.96 0193125 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 14.55 0193126 OFF SITE RECORD SERVICE 01-000894 1011.25.205.62015 23.70 0193127 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 5.46 0193128 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 3.41 0193129 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 97.53 0193130 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 328.63 0193131 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 17.50 0193132 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 2.50 0193133 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 21.37 0193134 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 208.32 0193135 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 41.60 vchlist 05/29/2013 8:38:30AM Voucher List City of Lynwood Page: 19 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173972 6/4/2013 000993 000993 GRM INFORMATION MANAGEMENT (Continued) Total : 787.53 173973 6/4/2013 008325 GUERRERO, JOSE & VERONICA 25726 REFUND - PARKING CITATION 1011.55.34150 127.50 Total: 127.50 173974 6/4/2013 000608 HUB INTERNATIONAL INS.SVCS,INC 000608043013 LIABILITY INSURANCE COVERAGE 08- 002230 1011.60.740.64001 1,544.06 Total: 1,544.06 173975 6/412013 001681 HUMAN SERVICES ASSOCIATION 001681043013 SENIOR MEAL SERVICE 08- 002210 1011.60.720.62015 1,338.75 001681043013 -A SENIOR MEAL SERVICE 08- 002210 1011.60.720.62015 871.25 Total: 2,210.00 173976 6/4/2013 000353 INFOSEND, INC. 68328 WATER BILL /MAILING SERVICE 02- 001555 6051.30.315.62015 4,425.87 Total: 4,425.87 173977 6/4/2013 005848 INFRASTRUCTURE ENGINEERS 19945 PLAN CHECK SERVICES 04- 000443 1011.50.501.62015 3,841.00 19979 PLAN CHECK SERVICES 04- 000443 1011.50.501.62015 2,028.80 Total : 5,869.80 173978 6/4/2013 000844 J & G GRAPHICS 04969 PRINTING SERVICES FOR PARKIN( 07- 000548 1011.55.515.62025 485.81 04970 PRINTING SERVICES FOR PARKIN( 07- 000548 1011.55.515.62025 485.81 04980 PRINTING SERVICES FOR PARKIN( 07- 000548 1011.55.515.62025 217.50 04987 PRINTING SERVICES 01- 000901 1011.25.205.62025 148.48 04988 PRINTING SERVICES 01- 000901 1011.25.205.62025 337.90 04992 VARIOUS PRINTING SERVICES 02- 001536 6051.30.315.62025 163.47 vchlist 05/29/2013 8:38:30AM Voucher List City of Lynwood Page: 20 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173978 6/412013 000844 J & G GRAPHICS (Continued) 04998 PRINTING SERVICES 04- 000460 1011.50.501.62025 498.02 04999 PRINTING SERVICE 04- 000444 1011.50.501.62025 498.02 Total : 2,835.01 173979 6/4/2013 004168 JAM FIRE PROTECTION, INC. 162453 ALARM SYSTEM MONITORING FEE 08- 002134 1011.60.720.64399 135.00 Total : 135.00 173980 6/4/2013 003425 JONATHAN COLIN 003425050313 REIMB- MILEAGE EXPENSE 1011.50.501.64015 144.08 Total: 144.08 173981 6/4/2013 003331 L.A. COUNTY SHERIFF DEPT. 132677NH SHERIFF COVERAGE FOR SPECIAI 10- 000100 1011.20.110.62015 24,382.25 133231NH SHERIFF COVERAGE FOR SPECIAI 10- 000101 1011.20.110.62015 3,824.92 133996NH ANTI- CRUISING,LOUD NOISE,HELI( 02- 001480 1011.40.215.64399 8,147.69 134125NH LAW ENFORCEMENT SERVICE 02- 001481 1011.40.215.62015 670,704.36 134126NH LAW ENFORCEMENT SERVICE 02- 001481 1011.40.215.62015 12,841.83 134126NH -A COPS PROGRAM -LAW ENFORCEM 02- 001527 2501.40.225.62015 26,803.24 134418NH ANTI- CRUISING,LOUD NOISE,HELI( 02- 001480 1011.40.215.64399 382.02 Total : 747,086.31 173982 6/4/2013 008342 LOPEZ, DANNY AND SANDRA 800020964 REFUND- PARKING CITATION 1011.55.34105 134.50 1011.55.34110 114.50 Total: 249.00 173983 61412013 007606 LOPEZ, JUAN 032913 SOUND & DJ SERVICE vchlist Voucher List Page: 21 05/29/2013 8:38:30AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173983 6/4/2013 007606 LOPEZ, JUAN (Continued) 08- 002244 1011.60.701.64399 275.00 Total: 275.00 173984 6/4/2013 008314 MARISCAL, WILLIAM 003269 REFUND - BATEMAN HALL RENTAL 1011.60.33215 400.00 Total : 400.00 173985 6/4/2013 008345 MARQUEZ. OSBALDO 003250 REFUND - BATEMAN HALL RENTAL 1011.60.33215 400.00 Total : 400.00 173986 6/4/2013 000279 MEDICAL GROUP,INC., OCCUPATIONAL 201304 PHYSICALS 05- 000976 1011.35.335.62015 270.00 Total: 270.00 173987 6/4/2013 005256 MONJARAS & WISMEYER GROUP,INC. 9400 ACCOMODATION MEETING 05- 001020 1011.35.335.62015 1,667.92 Total: 1,667.92 173988 6/4/2013 006289 MUNISERVICES, LLC. 0000030088 PROPERTY TAX DISCLOSURE REP 02- 001562 1011.30.275.62015 300.00 Total: 300.00 173989 6/4/2013 007582 NBS 3130285 DISCLOSURE REPORTING SERVIC 02- 001557 9011.30.301.62015 787.00 Total: 787.00 173990 6/4/2013 007435 NESTLE PURE LIFE 03D0031568884 WATER AND COOLER RENTAL 05- 000968 1011.35.330.67950 25.01 03E0031568967 FINANCE COOLER RENTAL & WATE 02- 001443 1011.30.270.67950 31.19 Total: 56.20 173991 6/4/2013 000078 OFFICE DEPOT 648236698001 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.701.65020 116.23 08- 002185 1011.60.701.65015 1.45 656464701001 OPERATING AND OFFICE SUPPLIE Vchlist Voucher List Page: 22 05/29/2013 8:38:30AM City of Lynwood Bank code: apbank Voucher Date Vendor 173991 6/4/2013 000078 OFFICE DEPOT 173992 173993 173994 6/4/2013 008251 PACIFIC PARTS & CONTROLS, INC. Invoice (Continued) 656465175001 657593784001 657605511001 657605633001 657606001001 342270 342377 342480 342535 6/4/2013 008210 PARKING ENFORCEMENT CENTER, CIT` 3281316 6/4/2013 002203 PETTY CASH -HUMAN RESOURCES 002203051513 173995 6/4/2013 004994 PITNEY BOWES, INC. 385030 PO # Description /Account Amount 08- 002185 1011.60.720.65015 110.25 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.720.65015 25.39 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.705.65020 264.85 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.720.65020 35.96 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.701.65015 22.86 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.701.65020 155.97 Total : 732.96 BATTERY BACKUP FOR SERVER R 02- 001550 1011.30.290.66015 839.37 BATTERY BACKUP FOR SERVER R 02- 001550 1011.30.290.66015 433.61 BATTERY BACKUP FOR FINANCIAL 02- 001551 6051.30.290.66015 7,593.55 BATTERY BACKUP FOR SERVER R 02- 001550 1011.30.290.66015 453.20 Total : 9,319.73 REFUND - PARKING CITATION 1011.55.34150 58.00 Total : 58.00 REPLENISHMENT 1011.35.335.64015 7.78 1011.35.330.65020 44.45 1011.35.330.64399 44.37 Total: 96.60 POSTAGE MACHINE RENTAL 05- 001032 1011.35.330.63030 393.50 vchlist 0512912013 8:38:30AM Voucher List City of Lynwood Page: 9 23 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173995 6/4/2013 004994 004994 PITNEY BOWES, INC. (Continued) Total : 393.50 173996 6/4/2013 000154 PRINTCO 13PCD -1492 BUSINESS CARDS FOR REC DIVISI 08- 002245 1011.60.701.62025 65.25 Total : 65.25 173997 6/4/2013 006281 PROFESSIONAL SECURITY, CONSULTAI IN000049342 SECURITY SERVICES 06- 004727 1011.45.440.64399 551.17 IN000051447 SECURITY COVERAGE FOR FAIR 08- 002247 1011.60.701.62015 89.04 IN000051625 SECURITY SERVICES FOR PRIVATI 08- 002149 1011.60.740.64399 591.68 Total: 1,231.89 173998 6/4/2013 001057 RAMIREZ, JUAN E. 130321 TRANSLATION SERVICE 05- 001012 1011.35.335.62015 825.00 130403 TRANSLATION SERVICES 05- 000957 1011.35.335.64399 7.50 130403 -A TRANSLATION SERVICE 05- 001012 1011.35.335.62015 680.00 130416 TRANSLATION SERVICE 05- 001012 1011.35.335.62015 962.50 130509 TRANSLATION SERVICE 05- 001012 1011.35.335.62015 962.50 Total: 3,437.50 173999 6/4/2013 005935 RANDOLPH ROSE COLLECTION Y4240 ART PIECES 02- 001558 2801.30.33485 13,860.00 Total: 13,860.00 174000 6/4/2013 008326 REYES, RAFAEL & GABRIELA 800049581 REFUND - PARKING CITATION 1011.55.34150 141.00 Total : 141.00 174001 6/4/2013 001560 RISO, INC. CNIN012935 COPIER LEASE - RECREATION 08- 002160 1011.60.701.63030 107.52 08- 002160 1011.60.705.63030 107.52 08- 002160 1011.60.710.63030 107.52 Vchlist 05/2912013 8:38:30AM Voucher List City of Lynwood Page: 24 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 174001 6/4/2013 001560 RISO, INC. (Continued) 08- 002160 1011.60.715.63030 107.52 08- 002160 1011.60.720.63030 107.54 08- 002160 1011.60.745.63030 107.54 Total: 645.16 174002 6/4/2013 003691 RITA MANIBUSAN 003691040313 REIMB- MILEAGE EXPENSE 1011.50.501.64015 31.64 003691050313 REIMB- MILEAGE EXPENSE /REGIS? 1011.50.501.64015 238.99 Total: 270.63 174003 6/4/2013 008327 RODRIGUEZ, LUIS & MARIA 20442 REFUND - PARKING CITATION 1011.55.34110 110.50 Total: 110.50 174004 6/4/2013 007205 SANCHEZAWARDS 323 PLAQUES AWARDS 01- 000866 1011.10.101.64399 204.60 Total: 204.60 174005 6/4/2013 006910 SILVA,OCTAVIO 006910050313 REIMB- MILEAGE EXPENSE 1011.50.501.64015 133.34 Total : 133.34 174006 6/4/2013 004241 SO.CALIF.MUNI.ATHLETIC FED. 632 MEMBERSHIP DUES 1011.60.705.65040 288.00 Total: 288.00 174007 6/4/2013 000089 STAPLES OFFICE WAREHOUSE 3200424899 OFFICE & OPERATING SUPPLIES D2- 001497 1011.30.275.65020 94.31 02- 001497 1011.30.310.65015 56.76 02- 001497 6051.30.315.65015 72.07 3200424900 OFFICE & OPERATING SUPPLIES 02- 001497 1011.30.275.65015 9.40 02- 001497 6051.30.315.65015 11.96 Total: 244.50 174008 6/4/2013 008343 SUAZO, JORGE AND NOLVIA 39547 REFUND - PARKING CITATION vchlist 05/29/2013 8:38:30AM Voucher List City of Lynwood Page: 25 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 174008 6/4/2013 008343 SUAZO, JORGE AND NOLVIA (Continued) 1011.55.34115 127.00 Total: 127.00 174009 6/4/2013 002938 TAJ OFFICE SUPPLY 0033320 -001 OFFICE SUPPLIES 10- 000096 1011.20.110.65015 470.53 0033426 -001 OPERATING SUPPLIES 10- 000099 1011.20.110.65020 200.56 0033465 -001 OPERATING SUPPLIES 08- 002249 1011.60.740.65015 86.66 0033616 -001 OPERATING SUPPLIES 07- 000511 1011.55.515.65015 50.03 0033627 -001 OFFICE SUPPLIES 01- 000871 1011.25.205.65015 57.36 0033632 -001 OFFICE & OPERATING SUPPLIES 02- 001489 1011, 30.290.65020 54.48 02- 001489 6051.30.290.65020 54.48 0033639 -001 OFFICE SUPPLIES 01- 000871 1011.10.101.65020 122.07 0033671 -001 OFFICE SUPPLIES 01- 000871 1011.25.205.65020 58.83 Total: 1,155.00 174010 6/4/2013 008328 TAPIA, BENJAMIN AND MARIA 3023279 REFUND - PARKING CITATION 1011.55.34110 34.00 Total : 34.00 174011 6/4/2013 000007 TAYLOR, WOODROW 146 ADMINISTRATIVE HEARING OFFICE 07- 000530 1011.55.515.62015 675.00 Total: 675.00 174012 6/4/2013 008316 TRUJILLO, BERTHA 033192 REFUND -YOUTH CENTER RENTAL 1011.60.33205 40.00 Total : 40.00 174013 6/4/2013 008329 VASQUEZ, DANIELAND JENNIFER 39303 REFUND - PARKING CITATION 1011.55.34150 224.00 vchlist Voucher List Page: 26 05/2912013 8:38:30AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 174013 6/4/2013 008329 008329 VASQUEZ, DANIELAND JENNIFER (Continued) Total: 224.00 174014 6/4/2013 007838 VIRAMONTES, JAVIER 800043641 REFUND - PARKING CITATION 1011.55.34105 177.50 Total: 177.50 174015 6/4/2013 000329 VISION SERVICE PLAN ACTIVE- 053113 EMPLOYEE VISION COVERAGE 1011.20140 2,520.96 RETIREE - 053113 EMPLOYEE VISION COVERAGE 7151.35.355.64012 824.16 Total: 3,345.12 174016 6/4/2013 001131 WALKER,BERTHAA. 001131043013 ZUMBA INSTRUCTOR 1011.60.33220 1,369.10 Total: 1,369.10 174017 6/4/2013 008344 WHITE, TIMOTHY M. 800042165 REFUND - PARKING CITATION 1011.55.34105 177.50 Total: 177.50 74 Vouchers for bank code : apbank Bank total : 873,380.51 vchlist Voucher List Page: 27 05129/2013 8:38:30AM City of Lynwood Bank code: scefcu Voucher Date Vendor Invoice 31 6/4/2013 006281 PROFESSIONAL SECURITY, CONSULTAI IN000049408 IN000050185 1 Vouchers for bank code : scefcu 75 Vouchers in this report PO # Description /Account Amount SECURITY SVCS. 10- 000095 1011.20.110.67399 283.86 SECURITY SVCS. 10- 000094 1011.20.110.67399 178.08 Total : 461.94 Bank total: 461.94 Total vouchers : 873,842.45 vchlist Voucher List Page: 28 05129/2013 9:05:37AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # 174018 6/4/2013 008259 /WISEMAN DAWOODY, QUEEN BEE Ref000070622 174019 6/4/2013 008335 FERNANDEZ, MARIA Ref000070627 174020 6/4/2013 008334 FUND II, LLC., WEDGEWOOD COMMUNI Ref000070626 174021 6/4/2013 008338 GONZALEZ, JESUS Ref000070630 174022 174023 174024 174025 174026 6/4/2013 008333 GREATER LOS ANGELES, HABITAT FOR Ref000070625 6/4/2013 008332 HUMANITY, HABITAT FOR Ref000070624 6/4/2013 008337 OPPORTUNITY FUND LLC, INFINITY R.E Ref000070629 6/4/2013 008331 PATTERSON, RODNEY Ref000070623 6/4/2013 008339 REYES, JORGE Ref000070631 Description /Account Amount US Refund Cst #052542 6051.20103 160.00 Total: 160.00 US Refund Cst #053435 6051.20103 68.86 Total : 68.86 US Refund Cst #053418 6051.20103 38.90 Total: 38.90 US Refund Cst #053584 6051.20103 32.73 Total: 32.73 US Refund Cst #053094 6051.20103 77.54 Total : 77.54 US Refund Cst #053009 6051.20103 56.50 Total: 56.50 US Refund Cst #053500 6051.20103 148.81 Total : 148.81 US Refund Cst #052984 6051.20103 59.50 Total: 59.50 US Refund Cst #053597 6051.20103 294.34 Total: 294.34 174027 6/4/2013 008340 VISTA EQUITIES, SKYLINE Ref000070632 US Refund Cst #053626 vchlist Voucher List 05/2912013 9:05:37AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account 174027 6/4/2013 008340 VISTA EQUITIES, SKYLINE (Continued) 6051.20103 Total 174028 6/4/2013 008336 WEDGEWOOD COMMUNITY FUND II Ref000070628 UB Refund Cst #053494 6051.20103 Total: 11 Vouchers for bank code: apbank Bank total 11 Vouchers in this report Total vouchers Page: 29 Amount 71.92 71.92 46.77 46.77 1,055.87 1,055.87 ,Qr1rR`iry,. AGENDA STAFF REPORI .tLaL:J� DATE: June 4, 2013 TO: Honorable Mayor and Members of the ity Council APPROVED BY: Roger L. Haley, City Mana r PREPARED BY: Amanda Roberson, Finance Director 0 Maria L. Luna, Billing & Collections Supervisor SUBJECT: Selection of Collection Agency Firm Recommendation: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTION OF A COLLECTION AGENCY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FIRM ". Comments: Based on a thorough review of the responses to the RFP for the delinquent account collection services, the selection panel recommends awarding the contract to Sequoia Financial Services. Sequoia Financial Services is the City's current collection agency. Sequoia Financial Services is located in Glendale, CA. Sequoia Financial Services' collectors have unique experience in handling driving and civil infractions, all types of citations, utility payments, NSF checks, business license fees, ambulatory fees, property damage claims, and other miscellaneous fees. Some of Sequoia Financial Services' municipal clients include: • City of Alhambra • City of Whittier • City of Lakewood Discussion & Analysis: The following seven agencies responded to the RFP for Collections Agency Services: 1. Cedar Financial 2. Conrad Companies 3. Debtor Plus Collection Service 4. I.C. System, Inc. FTEM 120 5. Professional Bureau of Collections of Maryland, Inc. 6. Professional Credit Service 7. Sequoia Financial Services The selection panel consisted of five members from three departments including the Development Services Department, Public Works Department, and Finance & Administration Department. Based on the review of the submitted proposals, Sequoia Financial Services was selected based on the following factors: • Familiarity with City Operations • Responsiveness to City Concerns • Municipal /Utility Billing Collections Experience • Bilingual Staff (Debt Collectors) • Competitive Fees • Recovery Rate • Location /Availability for Quarterly In- Person Meetings • Reporting Capability We recommend a contract for a two -year term, with a not -to- exceed amount of $15,000 per year. The actual contract cost will be based on the proposed collection fee of 25% and contingent on the dollar amount of delinquent accounts collected by the collection agency, meaning that the collection agency will be paid based on the dollar amount of actual collections. For example, if Sequoia collects $50,000, the City would pay $12,500 ($50,000 x 25 %). For FY 14, the Water Billing Division will be sending all past due accounts to the agency within 45 days, which will increase Water Fund revenues. RESOLUTION NO. A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTION OF A COLLECTION AGENCY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FIRM WHEREAS, the City of Lynwood has received seven RFPs for Collection Agency Services; and WHEREAS, the City selected a panel consisting of five members from three departments including the Development Services Department, Public Works Department, and Finance & Administration Department; and WHEREAS, the selection panel reviewed the submitted proposals and selected Sequoia Financial Services as the City's Collection Agency; and WHEREAS, the City recommends a contract for a two -year term, with a not -to- exceed amount of $15,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. That the Council authorizes staff to execute a contract for a two - year term with Sequoia Financial Services. SECTION 2. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of , 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Amanda Roberson Finance Director STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) day of 2013. I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this day of 2013. City Clerk, City of Lynwood t r AGENDA STAFF REPORT DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Amanda Roberson, Finance Directoroe� Maria L. Luna, Billing & Collections Supervisor m SUBJECT: Certification, Review, and Granting Of Utility Users' Tax Exemptions For Calendar Year 2013 Recommendation: Staff recommends that the City Council review and approve the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CERTIFIED LIST OF UTILITY USERS' TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2013 THROUGH DECEMBER 31, 2013, AND GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED LIST." Background: In November 1990, the City Council adopted Ordinance No. 1352 establishing a Utility Users' Tax on water, electricity, gas, and telephone services. In addition, the City Council adopted Resolution No. 90 -191 (Exhibit "A "), implementing a schedule for levying the Utility Users' Tax and establishing certain exemptions from the Tax. Section 5 of Resolution No. 90 -191, states that the Tax Administrator for the City, currently the Finance Director, shall review and certify the eligibility of each applicant for waiver of the Utility Users' Tax. All certifications also require City Council approval. On November 4, 2008, voters approved and ratified the City's Utility Users' Tax (UUT) at a reduced rate of 9% from the previous rate of 10 %. The voters also approved updating the City's Ordinance based on changes in laws and technology that occurred since 1990. However, despite the change in UUT rate and Ordinance, the existing exemptions were maintained. ITEM 13 The criteria for exemption are as follows: a. Senior Citizen Status — 65 Years of Age or Older b. Use of Cogeneration — Any technology for providing energy will be exempt from Utility Users' Tax for the portion of power produced by cogeneration. c. Permanently Disabled Lynwood Residents — In September 1999, the City Council approved and adopted Resolution 99 -154 (Exhibit "B ") exempting the permanently disabled from the Utility Users' Tax. To date, no exemptions have been given for employing cogeneration technology. However, for the period of January 1 through December 31, 2013, three hundred and twenty three (323) senior citizens and thirty (30) permanently disabled residents have been certified by the Finance Director. Discussion & Analysis: Exhibit "C" of the attached Resolution includes the names of 353 residents certified for Utility Users' Tax exemptions for the period of January 1, 2013 through December 31, 2013. The Finance Director and staff have reviewed and determined that all applicants on Exhibit "C" of the attached Resolution have met the criteria for exemption as established by Resolution No. 90 -191 and No. 99 -154. Fiscal Impact: The estimated loss of revenue from the above exemptions is $96,914 for the period of January 1, 2013 through December 31, 2013. Coordinated With: City Manager's Office City Attorney's Office Attachments: Exhibit A: Resolution No. 90 -191 Exhibit B: Resolution No. 99 -154 Exhibit C: UUT List 2013 N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CERTIFED LIST OF UTILITY USERS' TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2013 THROUGH DECEMBER 31, 2013, AND GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED LIST WHEREAS, the Lynwood City Council adopted Ordinance No. 1352 and Resolution No. 90 -191 imposing and implementing a schedule of Utility Users' Tax on certain utility usage; and WHEREAS, the City Council in adopting Ordinance No. 1352 determined that the imposition of the Utility Users' Tax may cause undue hardship on certain individuals; and WHEREAS, to alleviate the undue hardship, the City Council adopted Resolution No. 90 -191 establishing classes of residents exempt from payment of the Utility Users' Tax and guidelines for ascertaining the eligibility of applicants for exemption; and WHEREAS, Resolution No. 90 -191 established, among other things, Utility Users' Tax exemptions for senior citizens, and those employing cogeneration technology; and WHEREAS, by adopting Resolution No. 99 -154, the City Council established a Utility Users' Tax Exemption for the disabled; and WHEREAS, the Finance Director has reviewed and verified the status of all applicants as to compliance with requirements of Resolution Nos. 90 -191 and 99 -154. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the Certified Utility Users' Tax Exemption List for the period January 1, 2013 through December 31, 2013 (attached hereto as Exhibit "C ") has been reviewed and certification is approved. Section 2. That the applicable exemptions from the payment of the Utility Users' Tax for the individuals specified on the certified lists are granted. Section 3. That this resolution shall take effect immediately upon its adoption. 3 PASSED, APPROVED AND ADOPTED this day 2013. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Salvador Alatorre, Mayor Roger Haley, City Manager APPROVED AS TO CONTENT: Amanda Roberson, Finance Director RESOLUTION N0. 90 -191 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, SCHEDULING FOR DEFINING USER'S TAX IMPLEMENTATION TAX AS ESTABLISHED UNDER ORDINANCE 1352. WHEREAS, On October 25, 1990 the City Council . determined that the City is facing a current budget crisis which could necessitate a reduction in fire service, maintenance of 'the streets, sidewalks, alleys, trees and other property open.to the public as well as other community services vital to the preservation of the Public peace health and safety; and WHEREAS, in- recognition of the current budget crisis the City Council on October 25, 1990 adapted ordinance No. 1352 wnereunder utility users taxes were imposed in order to prevent reductions in theaforementioned services; and WHEREAS_, the City council in adopting ordinance No. 1352, determined that imposition of the utility users taxes might . cause undue hardship to certain individuals and that said individuals would be exempted from paymgnt of the utility users .taxes under, guidelines'to be established by separate order or Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood,' California, as follows: SECTION 1. SPECIAL EXEMPTION. SENIOR CITIZENS.. F The taxes imposed by Ordinance No. 1352 on charges made for utity 65 of age or to the older shall subject to exemption or who is of payment. SECTION 2. SPECIAL EXEMPTION. COGENERATION. 'Any corporOWerufrom othernthanlaYconventionaltpoweresourc _gshall producing p r - ?352 be exempt from paying the tax imposed by Ordinance No. , Section 6•Electricity. Users Tax. on that portion of the power oroducohargesogmadeatfar ;andliha metered energy, ndus(2)s minimum charges for services, including customer charges, charges, cost standby charges, and annual and monthly . adjustments, etc. SECTION 3. SPECIAL EXEMPTION. CABLE TV USERS. Any corporation or perso usin cable bte1evisionceservvice13 is tax exempted from paying n Section 10: Cable Television Users Tax_. SECTION 4. SPECIAL EXEMPTION. WATER USERS. Any corporation or person using and paying for water within the City of Lynwood in hereby exempted from paying the tax imposed by ordinance No. 1352 Section 9; Water Users Tax. until January 1, 1992 at which time, the City Cqunchl will deeTde whether or not this special exemption shall continue in effect. SECTION 5. APPLICATION FOR EXEMPTION - REVIEW AND CERTIFICATION a) Application for exemption shall be filed with the Tax Administrator on such forms as said Administrator may provide. 1 b) Applications may be filed at any time. r c) Application shall be verified by declaration under perjury and shall contain such information as may be required by r the Tax Administrator. d) The Tax Administrator shall review each application and shall certify the applicant as exempt if the eligibility requirements o£ this Resolution are met, except that* no exemption shall be granted to an applicant who is receiving service from a service supplier through master meter; or who is sharing or prorating service with other service users even though such service users qualify under the provisions of thi's.Resolution and no exemption shall. be granted with respect toany tax imposed by this article which is or has been paid by a public agency or where the Applicant receives fundsfrom a public agency specifically for the payment of such tax. e) If an applicant is certified. as exempt, the Tax Administrator shall promptly notify ap'plicant's service. suppliers, - stating the name of the applicant., the address to which such exempt service is being supplied, the account number, if any, and such other information as may be necessary for the service supplier to iemove the exempt r service user from its tax billing procedure. Upon receipt of such notice, the service supplier shall within sixty (60) days discontinue billing applicant for taxes imposed by this article, except as otherwise provided in this Resolution. fl Taxes billed :by the service supplier to, the service user prior t o removing the service user from its hair billing procedure, shall be collected from,the service user and _the service user shall pay such taxes to the service supplier. Taxes billed to and paid by the service user between the time that the application for exemption is filed and the service supplier removes the service user from its taxing procedure will not be refunded to the service user. g) Exemptions certified by the Tax shall continue . so long as the facts supporting the qualification for exemption shall exist; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual, or assignment of different account number by the service supplier because of discontinuance or suspension of service at the request of the service user.; and provided further, r' that such individual may nevertheless apply for a new nxomntion with each change of address or residence. h) Any service user who has been exempted under this Resolution shall notify the Tax.Administrator within. ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits Of the exemption provided by this Resolution when the basis for such exemption does ,not exist or ceases to exist. Any service supplier, who determines by an new or nonexempt service User is receiving' a meter or connection exempt by virtue of issued to a previous user of exempt user of or connection, shall . not Administrator of such fac and the Tax Admin conduct an inv6itigatlon to ascertain whet provisions of this section have been compli where appropriate., order the service suppli collecting the :tax from the nonexempt servic that a y the Tax trator shall T or not the with, and, to commence user. is The Tax Administrator shall review all exemptions every six months to ascertain compliance with the requirements of this Resolution. j. All certifications must be approved by City Council. SECTION 6. SCHEDULE FOR IMPLEMENTATION The utility users taxes imposed by Ordinance No. 1352 shall go into effect pursuant to the following schedule: For the period January 1, 1991 to December 31, 1991, the utility users taxes under ordinance No. 1352 shall be imposed at the rate of three (3) 8 of the charges made for such utility usage as covered by said ordinance except for any exemptions made under this Resolution. This three percent rate shall be referred to and known as the Base Rate. r Thereafter, the Base Rate for all utility users taxes will be i increased annually pursuant to the following table until the total tax rate is equal to ten percent (10 %) for each utility upon which the tax is imposed. Exemptions under this Resolution shall apply to all increases as they become effective as long as the qualifications for exemption are met: Effective Percent Sum of Base Rate Date for Increase Increases Plus Increase January 1, 1992 38 68 January 1, 1993 2% 8% January 1, 1994 1% 98 January 1, 1995 1% 10% SECTION 7. The City Manager or his designee is authorized to proceed in accordance with this resolution upon its adoption. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall thereupon be in full force and effect. I 7 PASSED, NOdmam 1990. APPROVED AND ADOPTED this 12TH day of ST• �� / Cit Cler _ AP - :D A •ORM: Cit torney -- C. f Lynwood r i � � Rayor, city of J APPROVED AS TO CONTENT: C ty ,Mann g '' rp 7ct4v . cityof - Lynwood r i r STATE OF CALIFORNIA ) 1 as COUNTY OF LOS ANGELES 1 L, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was '=1 duly adopted by the City Council of said at a special meeting thereof held in the City Hall of said City on the 12th day �• of November , 1990, and passed by the following vote: AYES: ^COUNCII&MBERS HEINE, RICHARDS, HELLS, HENNING NOES: COUNCILMEMBER REA ABSENT: NONE City Clerk City of Lynw od 0 STATE OF CALIFORNIA )� as. COUNTY OF LOS ANGELES I I,. the undersigned City Clerk.,of the City of Lynwood,. and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 90 - 191 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 14th day of November„ 1990. C City Clerk • ,I EXHIBIT B RESOLUTION NO. 99.154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DEFINING PERMANENTLY DhABLED PERSONS AND AUTHORIZING THE , EXEMPTION OF THE PERMANENTLY DISABLED FROM , THE UTH.TY USERS TAX AS ESTABLISHED UNDER ORDINANCE 1352. WHEREAS, On October 25, 1990, the City Council adopted Ordinance No. r� 1352, which imposed a utility users tax; and WHEREAS, Ordinance No. 1352,%Section 6 -5.4 authorizes the City Council to establish by class of persons or service those who may be exempt from such tax; WHEREAS, The City Council, in adopting Ordinance No. 1352, determined that imposition of the utility users taxes might - cause undue hardship to certain individuals and that said individuals could be exempted from payment of the utility users taxes; WHEREAS, The'American with Disabilities Act defines disability and sets forth factors to be considered in determining whether an individual is substantially limited in a major life activity; , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood, California, as follows: SECTION 1. SPECIAL EXEMPTION. DISABLED. The taxes imposed by Ordinance No. 1352 on charges made for certain utility services provided to any person who is "permanently disabled ", as defined by the Americans with Disabilities Act,.shall be subject to exemption or waiver of payment. SECTION2. DETERMINING DISABILITY. + The City of Lynwood adopts the definition and factors considered in determining permanent disability as identified in Title 28 of the Code of Federal Regulations. Section 35.104, as the same may be'amended from time to time. ' SECTION 3. PROOF OF PERMANENT DISABILITY. Proof of permanent disability shall be deemed sufficient if the applicant receiyes social security or Veteran benefits for a permanent disability or provides to the City a statement signed by a licensed physician attesting to the applicant's permanent disability. SECTION 4. APPLICATION FOR EXEMPTION - REVIEW AND CERTIFICATION a) An application for exemption must be filed with the Tax Administraior on such form as the Tax Administrator may provide. b) Applications may be filed at any time. ' . c) An application must be verified by a declaration under penalty of perjury and must contain such information as may be required by the Tax Administrator. Fi d) The' Tax Administrator shall review each application and shall certify the applicant as exempt if the eligibility requirements of this Resolution are met. ' No exemption shall be granted to an applicant who is receiving service from a • service supplier through a master meter, or who is sharing or receiving pro- rated service with other service users even through such service users qualify under the provisions of this Resolution. No exemption shall be granted with respect to any tax imposed by Ordinance No. 1352 which is or has been paid by a public agency or where the applicant receives funds from a public agency • specifically for the payment of such tax, , e) If an applicant is certified to be exempt, the Tax Administrator shall promptly notify applicant's service suppliers, stating the name of the applicant, the address to which service is being supplied, the account number, if any, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of such notice, the service supplier shall, within sixty (60) days discontinue billing the exempt service user for taxes imposed by, Ordinance No. 1352, except as otherwise provided in this Resolution. Taxes billed by the service supplier to the service user prior to removing the service user from its tax billing procedure shall be collected from the service J user, and the service user, shall pay such taxes to the service supplier. Taxes billed to and paid by the service user between the time that the application for exemption is filed and the time that the service supplier removes the service user from its tax billing procedure will not be refunded to the service user. g) Exemptions - certified by the Tax Administrator shall continue so long as the facts supporting the qualification for exemption shall exist; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual, or the assignment of a different account number by the service supplier because of discontinuance or suspension of service at the request of the service user; and provided further, that such individual may nevertheless apply for a new exemption with each change of address or residence. h) Any service user who has been exempted in accordance with this Resolution shall notify the Tax Administrator within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemption authorized by this Resolution when the basis for such exemption does not exist or ceases to exist. Any service supplier, who determines by any means that a new or nonexempt . . service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user of the same meter or connection, shall immediately notify the Tax Administrator of such fact. The Tax Administrator shall conduct an investigation to ascertain whether or not the provisions of this Resolution have been complied with, and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. The Tax Administrator shall review all exemptions annually to ascertain compliance with the requirements of this resolution. j) All exemptions certifications must be approved by the City Council. SECTION 5. CERTIFICATION BY CITY COUNCIL. The Citv Clerk is directed to certify to the passage and adoption of this resolution. i PASSED, APPROVED and ADOPTED this 21st day of September 1999. —' ,4 Rica o Sanchez, Mayor ATTEST: Andrea Hooper, City Cler e h. APPROVED AS TO FORM: City Attorney Ralph W. 'Davis HI Interim City Manager STATE OF CALIFORNIA - ) SS. COUNTY OF LOS ANGELES ) 1, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st, day of September, 1999. AYES: COUNCILMEN BYRD, REA,.REYES, RICHARDS, SANCHEZ NOES: NONE - ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 1, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and r7' correct copy of Resolution No. 99.154 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 21st day of September, 1999. . " City Clerk resolwi /eesobp - , UTILITY USER'S TAX EXEMPTION LIST 2013 SENIOR CITIZENS EXEMPTED NAME SERVCE ADDRESS 1 ALARCON, ANTONIO 3346 SEMINOLE AVE. 2 ALBANS, ROBERTA F. 3953 CORTLAND ST. 3 ALEXANDER, RAYMOND /BETTY 10925 LEWIS ROAD 4 ANDERSON, HARLAN W. 11229 LINDEN ST 5 ANDERSON, JOHN /ALICE 10701 SAN VINCENTE AVE. 6 ARRIOLA, PHILLIP A. 2964 OAKWOOD AVE 7 ARROYO, ALEJANDRO 10931 RUTH ST. 8 ATKINS, MARY L. 3568 PALM AVE 9 AUSTIN, ERNESTINE J. 11140 HARRIS AVE. 10 AUSTIN, JAMES 12646 ANTIGUA CT. 11 BAECHER,MAURINE B 4334 LUGO AVE 12 BAILEY, RUTH J. 3073 LYNWOOD ROAD 13 BARAJAS, FRANK 4297 LUGO AVE 14 BARR, ESPERANZA 4125 VIRGINIA ST. 15 BARRERA, ANTONIA 10950 SAN VICENTE AVE. 16 BARRIOS, JUAN 3136 LOUISE ST. 17 BARROSO, ANTONIO 10968 POPE ST. 18 BASS, BILL 4008 ALBERTA ST. 19 BASS, JAMES E. 10800 HULME AVE 20 BENBENEK,CASEY 3915 CARLIN AVE 21 BENNET, GAYNELLE D. 3291 MAGNOLIA AVE 22 BERZAT,PAUL 10871 CORNISH AVE 23 BLANTON,HORACE 11262 SAMPSON 24 BORDERS, HOWARD /DONNA 11375 HULME AVE 25 BOYKIN, ALSEE 3741 PALM AVE 26 BRAXTON, DELORIS 4259 SANBORN AVE 27 BROWN JR, JULIUS 3728 PALM AVE 28 BROWN, MARY L. 3155 LYNWOOD RD. 29 BROWN, MARY LJARBRET JR. 3662 PLATT AVE. 30 BROWNLOW, JOE L. 11072 SUE AVE 31 BURNETT, HERBERT F. 11130 PINE ST. 32 BYRD, LOUIS 3665 AGNES AVE 33 CABALLERO, CELSO / CELSO 3134 OAKWOOD AVE 34 CALDERON,FRANK 4010 JOSEPHINE ST. 35 CALDWELL,MARGIE A 10805 OSGOOD AVE 36 CALVILLO, SALVADOR J. 3833 JOSEPHINE ST. 37 CARAWAY, ANNIE 10916 MCNERNEY AVE 38 CARDENAS, MARIA O. 11815 NEVADA AVE 39 CARDENAS, FIDEL 11020 BELLINGER ST. 40 CARDONA, JOSE M. 11065 SUE AVE 41 CARRILLO, EUSTAQUIOROSAURA 12020 CORNISH AVE 42 CARUSO, ANNE R. 4661 ABBOTT ROAD EXHIBIT C 1 OF 9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 43 CASAS, ANDRES 3542 PALM AVE 44 CASAS, LEONAR (VDA DE CARLOS) 11202 VIRGINIA AVE. 45 CASTELLANOS, CARLOS E. 3825 LILITA ST. 46 CASTELLANOS, JOSE 11150 GRANT 47 CASTRO, JOSE D. 3682 LOUISE ST. 48 CAZARES, FRANCES P. 4240 AGNES AVE. 49 CHAIREZ, MARIA 3146 OAKWOOD AVE. 50 CHAMBERS, WILLIE E. 10841 HULME AVE. 51 CHAVEZ, CARLOS 12516 MANETTE PL 52 CHAVEZ, MANUEL 4477 ABBOTT RD 53 CHEN, RICHARD /XUEQUING SHI 11258 DUNCAN AVE. 54 CHILDS, COTIS /MARIA 11910 LONGVALE AVE 55 CISNEROS, DIMAS R. 3721 PLATT AVE. 56 CISNEROS, HORACE 3101 FLOWER ST. 57 CLARK, WILLIE R. 11206 ELM STREET 58 CLEVELAND, JANET L. 4260 NILAND AVE 59 COBINE, RICHARD B. 4257 FERNWOOD AVE 60 COLIN, SALVADOR 4270 AGNES AVE, 61 CONNER, OLIVER W 11324 CALIFORNIA AVE 62 CONOVER, R/MARY C 10828 MALLISON 63 CONTRERAS, FRANCISCO 10965 DUNCAN AVE 64 CORNELIOUS, CHELSEA 4247 PLATTAVE 65 CORREA, YUVISELA G. 2637 E 111TH ST 66 CRAIG, KATHERINE 3616 CEDAR AVE 67 CROSBY, RUBY 11056 CARSON DR 68 CROSS, BILL W. 10780 SAMPSON AVE 69 CRUZ, HILDA L. 3271 MAGNOLIA AVE 70 CUELLAR, GLICERIO P. 5269 NILAND ST. 71 CUELLAR, TERESA 3716 CARLIN AVE. 72 CURTIS, LUTHER/THERESA 10720 ALEXANDER AVE 73 DAVIDSON, TONY L. 4537 CARDWELL ST. 74 DAVIS, CURTIS 11363 VIRGINIA AVE. 75 DAVIS, DOREEN 4209 WALNUT AVE. 76 DAWSON, ERMA J. 3700 JOSEPHINE ST. 77 DEBOSE, BERNICE 3230 VIRGINIA ST. 78 DE LA ROSA, RUDOLPH 2701 NORTON AVE 79 DELORES, EDNER 3740 PALM AVE. 80 DEVAULT, ANNIE 3976 BEECHWOOD AVE 81 DIAZ, DAVID 3955 LUGO AVE 82 DIXON, EDDIE 4288 NILAND ST. 83 DIXON, EDWARD 11170 PENN ST. 84 DOVE, DONALD 11356 ERNESTINE AVE 85 DRESSER,DOLORES 11823 1/2 WRIGHT RD 86 DUARTE,ANNETTA M 10913 SAMPSON AVE EXHIBIT C 2OF9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 87 EATON, EARLEAN 3558 PALM AVE 88 EDMONDSON, JOHNNIE 12001 LONGVALE AVE 89 ELLINGTON, CLYDE L. 3764 PALM AVE 90 ESCAJEDA, ANTONIO 4313 AGNES AVE. 91 FELIX, ILDEFONSOALFONSO 5208 ALVADA ST 92 FERNANDEZ, JESUS M. 10806 MALLISON AVE 93 FERNANDEZ, LUIS 10928 RUTH ST 94 FLEMATE, MARGARITA R. 3221 JOSEPHINE ST. 95 FLORES, MARIO RENE 11486 FIR STREET 96 FLORES,SOCORRO 3726 LUGO AVE 97 FLOYD, ISABEL R. 3615 CARLIN AVE 98 FOBBS, RONALD W. 4228 PENDLETON AVE 99 FORD, LUIS J. 3402 ELIZABETH AVE. 100 FRANCO, AGAPITO 10718 MALLISON AVE 101 FREDRICK, WILLIAM 5141 WALNUT AVE 102 FUENTES, JORGE I. 11082 LINDEN ST. 103 FUENTES, RAFAEL / IRENE C. 12340 MILLRACE AVE 104 GALBRAITH, PAULINE 3926 IRA ST. 105 GARCIA, EMILIA 11110 VIRGINIA AVE 106 GARCIA, HENRY J. 11111 WRIGHT RD 107 GARCIA, IRENE 2737 E. 111TH ST. 108 GARDNER- EARLEY, GRACIE L. 3698 LYNWOOD ROAD 109 GARNICA, BARTOLO R. 11171 CARSON DRIVE 110 GASTON, NANCY L 2938 LOS FLORES BLVD 111 GIBBENS,HARRY C 11327 LOUISE AVE 112 GILES, BRENDA 11212 LINDEN ST. 113 GLORIA,JOE M 5118 CLARK ST 114 GOMEZ, PASCUAL 3547 LOUISE ST. 115 GOMEZ, RIGOBERTO 3262 LOUISE ST. 116 GOMEZ, SANTIAGO L. 11095 HULME AVE. 117 GONZALEZ, SILVANO M. 3582 LOS FLORES BLVD 118 GREEN, JOHN 3897 LE SAGE ST. 119 GREENE, THEODORE R. 3697 FERNWOOD AVE 120 GUERRA, JOE 12511 MANETTE PLACE 121 GURROLA, EDUARDO 3556 EUCLID AVE 122 GUTIERREZ, JUAN 11633 THORSON AVE 123 GUTIERREZ, MANUEL 3816 WALNUT ST 124 HALL, LILLIE 11689 LUGO PARK AVE 125 HARPER, B.H. 4220 PLATT AVE 126 HERNANDEZ, ANDRES 11619 HARRIS AVE. 127 HERNANDEZ, AURELIA L. 3764 CARLIN AVE. 128 HERNANDEZ, MIGUEL 4159 ABBOTT RD. 129 HERRON, SYLVIA A. 3576 BEECHWOOD 930 NIBBLER, ANNA LOUISE 4539 ARLINGTON AVE EXHIBIT C 3OF9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 131 HINOJOS, MARIA D. 2968 BEECHWOOD AVE 132 HOLLOWAY, JOHNIE M. 12000 LONGVALE AVE 133 HOLMES, ELLIS P. 10840 STANDARD AVE 134 HOOPER, ANDREA L. 11940 LINDBERGH AVE 135 HORCASITAS, ARTHUR A. 10800 CORNISH AVE 136 HUTCHERSON, ZELDA P. 3596 MAGNOLIA AVE 137 JAIME, LINDA 11152 LINDEN ST. 138 JAMES, JOHN M. 5131 EAST CORTLAND 139 JAUREGUI, JOSE S. 3586 BEECHWOOD AVE 140 JENKINS, BEBE J. 3565 LYNWOOD ROAD 141 JENSEN, DONALD 4269 LUGO AVE 142 JIMENEZ, AGUSTINA 4220 CORTLAND ST. 143 JOHNSON, ANNETTE 12328 MILLRACE AVE 144 JOHNSON, DANELLA 4239 BREWSTER AVE 145 JOHNSON, EUGENE 3985 PALM AVE. 146 JOHNSON, GRANT /HELEN 4604 PELLEUR ST. 147 JOHNSON, JAMES D. 4242 PLATT AVE. 148 JOHNSON, JOHN 4055 VIRGINIA ST. 149 JOHNSON, SAUNDRA Y. 12626 WALDORF DR. 150 JONES, DALE L. 5155 WALNUT AVE. 151 JONES, MELVA A. 10831 WASHINGTON AVE 152 JONES, ROBERT 4731 CARLIN AVE. 153 KACHIVAS, LOUIE N. 10831 COLYER AVE 154 KAGLER, CLIFTON E. 10906 SAN MIGUEL AVE 155 KANEMOTO, GEORGE /FUSAKO 11515 VIGINIA AVE. 156 KLAVERT,GEORGE W & HETTY N. 3572 EUCLID AVE 157 KNIGHTON, MELVIN R. 11636 THORSON AVE 158 LAMBERT, MARY L. 3351 TENAYA AVE 159 LAWRENCE, BRENDA E. 3263 VIRGINIA ST. 160 LAWRENCE, ISAAC C. 12019 GERTRUDE DR. 161 LEAKE, LOIS H. 3252 EUCLID AVE 162 LEGGETT,JOHN W. /PEGGY 3838 CORLAND ST 163 LEWIS, MARY S. 10841 SAN VINCENTE AVE 164 LEYVA, OSCAR D. 10851 LEWIS RD 165 LINDSEY, COLEMEN /MARIE A. 3805 LUGO AVE 166 LINTON, CHESTER C. 11388 ERNESTINE AVE 167 LIPJANEC, ARMITA 10912 COLYER AVE 168 LOFY, PETER/LOIS F. 11641 LUGO PARK 169 LOMELI, ISAVEL 11307 VIRGINIA AVE 170 LOPEZ, ANGEL J. 3676 CEDAR AVE 171 LOPEZ, JUAN 4216 BREWSTER AVE 172 LOPEZ, RAMON D. 10741 CAPISTRANO AVE 173 LOTZ,WILHELM 2928 LOS FLORES BLVD 174 LOZANO, JUVENTINA 10814 SAN JOSE AVE WIM311[41 40F9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 175 LUCAS, JOHN W. 11638 LOUISE AVE 176 LYONS, TED /BRENDA 3852 LOUISE ST. 177 MACK, ANNIE 11705 PEACH ST. 178 MACKEY, CLARENCE 11143 LINDEN ST. 179 MANOR, JANA N. 12112 MURIEL DRIVE 180 MANOUS, PATRICIA J. 10741 SAMPSON AVE 181 MARAVILLA, DANIEL 11351 POPE AVE 182 MARTINEZ, MARIA 3913 LYNDORA ST. 183 MARTINEZ, PAT E.MARIA G. 4308 LUGO AVE 184 MARXELLY, MARIA A. 10701 STANDARD AVE 185 MAYFIELD, PATRICIA M. 3151 JOSEPHINE STREET 186 MC CLENDON, EDDIE L. 3124 FLOWER ST. 187 MC CRADY JR, WILLIAM R. 11266 SAMPSON AVE 188 MC CULLON, GLORIA M. 3721 LUGO AVE 189 MC FARLAND, JAMES C. 11617 MONROVIA AVE. 190 MCGOWAN, CHARLIE D. 4052 VIRGINIA 191 MEDRANO, PEDRO H. 4015 JOSEPHINE ST. 192 MEMBRENO, EULOGIO A. 2700 E. 110TH ST. 193 MENDOZA, GONZALO /MARIA T. 3054 FLOWER ST. 194 MENDOZA, JULIO JR. 2733 FERNWOOD AVE. 195 MEWBORN, JOHN W. 3287 MAGNOLIA AVE 196 MONTALVO, JOSE V. 4021 CORTLAND ST. 197 MONTERROSAS, LILIA P. 3142 LOS FLORES BLVD. 198 MONTES, JOSE D. 4259 NILAND ST. 199 MOORE, GEORGE A. 3275 MAGNOLIA AVE 200 MORALES, TRINIDAD M. 11152 ELM ST. 201 MORENO, MALAQUTAS 3521 ORCHARD AVE 202 MORONES, ALEJANDRO 5515 CLARK ST. 203 MUNIZ, DAVID N. 4169 AGNES 204 MUTUC, ABRAHAM E. 11084 HARRIS AVE 205 NEAL, ALVIN JR. 12037 GERTRUDE DRIVE 206 NEELEY, WILLIE MAE 11165 POPE AVE 207 NELSON, FRANCES K. 11635 VI ETA AVE 208 NICHOLSON, WAYNE A. 10881 SAN VICENTE AVE 209 OBENG, CAROLIN 4000 JOSEPHINE ST 210 OCAMPO, ANGEL 3935 AGNES AVE 211 ORTIZ, MARTHA 2631 NORTON AVE 212 PACHECO, ETHEL 4027 LE SAGE ST 213 PARKER, DOROTHY 4208 LAVINIA AVE 214 PARTIDA, CARLOS /DORA C. 11150 PENN ST 215 PARTIDA, FRANCISCO 3511 LOS FLORES BLVD. 216 PASMANT,GILBERTO 2649 E.111 ST 217 PAYNE, JOHN M. 3253 BURTON AVE 218 PAYNE, THELMA C. 4317 LUGO AVE EXHIBIT C 5OF9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME 219 PEDROSA, EMILIANO & TERESA 220 PENA, CONRADO G. 221 PENNER,HELEN 222 PERALLON, MANUEL E. 223 PEREDIA, JAVIER 224 PEREZ, JESUS /MARIA 225 PEREZ, MIKE S. 226 PETROCCO, FRANCES 227 PIZANO, JULIA 228 POLLARD, JOHN 229 PROVOST SR., ROY E. 230 PUCCIO, ROY /LENA 231 PULIDO, IGNACIO 232 PUTNEY, VIOLA C. 233 QUINTANAR, ANTONIO LUNA 234 RAMIREZ ANTONIO 235 RAMIREZ, JUAN L. 236 RAUCH,CLARA 237 REED, MARILYN 238 REESE, DELORES 239 REYES, JESUS L. 240 RIDDELL, THOMAS W. 241 RILEY SR, JOHNIE L. 242 RIVERA, ANNA M. 243 RIVERA, VICTOR M. 244 ROBINSON, BARBARA J. 245 ROBITAILLE, JANET R. 246 ROBLES, ISAIAS P. 247 ROCHA, AURELIO 248 ROMO, ROSA G. 249 ROSSUM, CHARITY M. 250 ROTHAS, JOE 251 ROUZAN, SELMA V. 252 SALINAS, MARIA R. 253 SAMPSON, THOMAS L. 254 SANCHEZ, JESUS /JESUS BARAJAS 255 SANTANA, APOLINAR 256 SAUNDERS, CAROLYN E. 257 SCHULZE, EGON D. 258 SERNA, STEPHAN A. 259 SHERMAN, MYRLENA 260 SIAS, MATHEW 261 SIDDELL, DOROTHY J. 262 SIMS, DEMETRIUS T EXHIBIT C SERVCE ADDRESS 3854 LYNDORA ST. 10815 OTIS ST. 10841 ELM AVE 11080 HARRIS AVE 3838 VIRGINIA AVE 2619 NORTON AVE 4827 ABBOTT ROAD 5513 RAYBORN AVE 2910 LOS FLORES BLVD 11950 LONGVALE AVE 11056 EVE AVE 4059 CORTLAND ST 4001 JOSEPHINE ST. 3326 LOS FLORES BLVD 5209 ALVADA ST. 11150 SANTA FE AVE 3125 JOSEPHINE ST. 3935 LE SAGE ST 11819 2ND AVE 3616 MAGNOLIA AVE. 5168 MARTIN LUTHER KING BLVD 10830 PINE AVE 4006 ALBERTA ST 4822 OLANDA ST. 2641 FERNWOOD AVE 4007 LE SAGE 3305 SEMINOLE AVE 4254 AGNES AVE 11920 NEVADA AVE 11247 COLYER AVE 10871 COYLER AVE 2727 E. 110 ST. 12127 DUNCAN AVE 2931 POPLAR DRIVE 12100 CORNISH AVE 2921 NORTON AVE. 11910 S.THORSON AVE 12620 WRIGHT ROAD 3635 PLATT AVE 3308 EUCLID AVE 3740 CARLIN AVE 3851 LE SAGE 3705 LOUISE ST. 11371 GERTRUDE 60F9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 263 SIMS, HENRY 4276 NILAND ST 264 SIMS- THOMAS, HELEN J. 4546 ARLINGTON AVE 265 SLACK, ERIC E. 11159 LINDEN ST. 266 SMITH, BERNICE 11224 HULME AVE 267 SMITH, EGURA J. 11330 DUNCAN AVE 268 SMITH, NOYED E. 3854 PLATT AVE 269 SMITH, PATRICIA E. 11142 PENN ST 270 SMITHSON, ELLA 10964 POPE AVE 271 SOTELO, SUZANNE 5401 PELLEUR ST 272 SPEER, JEANETTE 10993 CORNISH AVE. 276 STEPHENS, MARCELLE 3277 CARLIN AVE. 274 STOOT, JOSEPH E. 10741 FRACAR AVE. 275 SUMMERVILLE, OPAL 4007 AGNES AVE. 276 SURWILLO,HAZEL 3991 BEECHWOOD AVE. 277 TAFARELLA, MOLLY 3720 LUGO AVE. 278 TANORI, BARBARA M. 3136 REDWOOD AVE. 279 TARGTON, JAMES 3837 LILITA ST. 280 TAYLOR, EDWARD L. 11631 VIRGINIA AVE. 281 TELLEZ, ROSA M. 3116 LYNWOOD ROAD 282 THOMAS, GEORGE 2718 NORTON AVE. 283 THOMAS, MARY 3361 VIRGINIA ST. 284 THRELKELD, MARGY 3268 JOSEPHINE 285 TIDWELL,WILLARD 3982 SHI RILEY AVE. 286 TUCKER, ELOUISE 12129 GERTRUDE DR. 287 TURNER, ROSETTA 3312 EUCLID AVE. 288 URIBE, JESUS C. 5232 SANBORN AVE. 289 VALADEZ, DAVID 3556 MULFORD AVE. 290 VALDEZ, MARCIAL 3149 LOS FLORES BLVD. 291 VALENZUELA, ESPERANZA 2623 E. 112 TH ST. 292 VALLEJO BRAULIO 3513 BEECHWOOD AVE. 293 VALLEJO, JUAN /MARIA C. 3825 ABBOTT RD. 294 VANLOON, HILDA S. 3330 TECUMSEH AVE. 295 VELASCO, LUIS 12200 HARRIS AVE. 296 VELTRI, LUCILLE 3989 BEECHWOOD AVE. 297 VERGARA,GUILLERMO 3623 BURTON 298 VIHONGSKUL, RAJADA 3892 WOODLAWN AVE. 299 VILLARREAL, NICK 10769 SAN JOSE AVE 300 VONROTZ, RICHARD 4026 JOSEPHINE ST. 301 WASHINGTON, JOHNNY E. 3831 LYNDORA ST. 302 WASHINGTON, WINFREY ELEANOR 3383 AGNES ST. 303 WELLS, RAYMOND V. 3308 EUCLID AVE, #A 304 WESTBROOK, OTTO 4235 WALNUT AVE 305 WHITE, GERTIE B. 3864 CORTLAND ST. 306 WHITE, LILLIE R. 3761 PALM AVE. EXHIBIT C 7OF9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME SERVCE ADDRESS 307 WHITE, RODNEY M. 4608 CARLIN AVE. 308 WILDER, HOSIE L. 10992 LEWIS RD 309 WILDEY, COLLEEN R 10763 CAPISTRANO AVE. 310 WILKERSON, LEE E. 5126 CLARK ST. 311 WILLIAMS, CAROLYN 12208 HARRIS AVE. 312 WILLIAMS, EARL SR. 11749 THORSON AVE. 313 WILLIAMS, GWENDOLYN 11269 COLYER AVE. 314 WILLIAMS, MAUELA 11720 STATE ST. 315 WILLIAMS, ROBERT E. 3147 CARLIN AVE. 316 WILLIAMS, WILLIE 4203 JOSEPHINE ST. 317 WILSON, LONNIE 10800 SAN LUIS AVE 318 WOOD, CHARLES R. 4533 ARLINGTON AVE 319 WOOTEN, MARY F. 3326 LOUISE ST. 320 WRAY, JAMES R. 11524 POPE AVE. 321 WYNNE, CAMILLE 12701 HARRIS AVE. 322 YANCY, EARNEST E. 4263 NILAND ST. 323 YOUNGER, BILLY 3965 VIRGINIA AVE 323 TOTAL SENIORS EXEMPTED PERMANENTLY DISABLED EXEMPTED 1 ACEVEDO, SANTOS 10961 SAN MIGUEL AVE 2 ADAME, ELOY 5157 LAVINA AVE 3 BRIGGS, LYNDER J. 10952 CORNISH AVE 4 BURQUEZ, CARLOS E. 12032 2ND AVE 5 CASILLAS, ROBERTO 11308 ELM ST. 6 CRICHLOW, JAMILAH 11036 ELM STREET 7 GARCIA, CELIA 3831 LOUISE ST. 8 GIBSON, LOTTIE R. 11615 HARRIS AVE 9 GONZALEZ, RUBEN C. 10953 FRACAR AVE 10 GOMEZ, PASCUAL 3547 LOUISE ST. 11 GREEN, LAWRENCE 3920 CARLIN AVE 12 GUTIERREZ, DAVID G. 10949 POPE AVE 13 LIMON, JOSE J. 4246 SHIRLEY AVE 14 LOMELI, JUAN 3225 LYNWOOD RD 15 LUNA, PEDRO J. 2739 FERNWOOD AVE 16 MILLER, RANDY 10942 JACKSON AVE 17 MILLER, ROBERT I. 4713 ABBOTT RD. 18 PERKINS, RACHELLE D. 10923 WRIGHT ROAD 19 PERRY, GLORIA M. 11637 EL GRANADA AVE 20 PINEDA, MAGNOLIA 3333 CARLIN AVE, #9 21 REED, LORENE 11805 HARRIS AVE. 22 ROBINSON, SABRINA D. 3350 AGNES ST. I� 1:11:71[4] 323 SOF9 UTILITY USER'S TAX EXEMPTION LIST 2013 NAME 23 RUIZ, SALVADOR R. 24 TEQUE, JOSE L. 25 TOVAR, JOSE L. 26 VALENCIA, ANGELICA M. 27 VILLANUEVA, LUIS M. 28 WATSON, LINDA L. 29 WELLS, TONI 30 WILLIAMS, ROSETTE M. SERVCE ADDRESS 4322 SHIRLEY AVE 10920 FRACAR AVE 4215 LUGO AVE 3819 LILITA ST. 10671 KAUFFMAN AVE 11976 SANTA FE AVE, #A 3841 E. IMPERIAL HWY, #9 11481 SPRUCE ST. TOTAL PERMANENTLY DISABLED EXEMPTED EXHIBIT C TOTAL EXEMPTIONS 353 1 Zrf ] Lr ° o AGENDA STAFF REPORT t 1F04 2 DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag� PREPARED BY: Amanda Roberson, Director of Finance Steven Avalos, Administrative Analyst II SUBJECT: Report on Legislative Advocacy Group's Performance Recommendation: Staff recommends that the City Council receive and review the report on Legislative Advocacy Group's (LAG) scope of duties and grant performance for the City and file accordingly. Background: At the request of the City Council at the FY 14 Budget Workshop, a report on the work performance of Legislative Advocacy Group (LAG) was asked to be presented at the June 4` Council Meeting. Since 2005, the City has contracted with LAG to provide professional lobbying and advocacy services. Prior to September 2008, the City paid a monthly retainer fee of $5,000 ($60,000 annually). Since then, the City has paid a monthly retainer fee of $3,000 ($36,000 annually) for their services. Discussion & Analysis: Scope of Duties LAG provides professional standard lobbying and advocacy services and activities on behalf of the City at the State, regional, and local levels. Typical services include (but are not limited to): • Notify staff of pertinent changes in State law that may impact the City; • Follow, track, and advocate for priority bills in the current legislative session the City is monitoring and has taken a position on; ITEM /I • Identify and refer potential grant opportunities to City staff (and if the City elects to apply, LAG will advocate on City's behalf in the grant application selection process); • Work, arrange and coordinate meetings between our elected officials and pertinent staff with legislative representatives, special district officials, private sector partners, and any other public entity representatives as necessary; • Engage and coordinate with members of the State Legislature in order to advocate and communicate the City's positions on various legislative issues. LAG's scope of duties encompasses a wide range of activities pertaining to legislative affairs. LAG identifies and refers potential grant opportunities to the City. It is then staff's responsibility to apply for each respective grant and submit application timely by the grant deadline. LAG is available upon request to assist with any grant application, but primarily will assist staff by reviewing all grant applications to ensure application meets selection criteria of each grant program. LAG's true value and importance in the grant process is demonstrated after a grant application is submitted. LAG has developed several strong ties and professional, close - knit relationships with our legislative representatives, local neighboring district legislators, and various State officials. If a grant is submitted to a particular State program, LAG will contact and lobby State officials to award that particular grant to the City. This can include: making numerous phone or conference calls with legislators, drafting and sending letters of recommendation, garnering support from local community groups or seeking nonprofit partnerships, and /or making trips to Sacramento to meet with State officials. Should City staff need to meet with State officials, LAG will arrange and coordinate such meetings for the City. Further, LAG keeps staff well - informed of each grant award process and will advise staff if there are any special requests that need to be taken. Overview of Grant Performance LAG's grant performance and advocacy efforts have been primarily focused and tied to the Proposition 84 Statewide Parks Grant Program to secure funding for the Ham -Burke Park Community Center. For the past several years, lobbying for this program has been at the forefront of LAG's legislative work plan. Although there have been some challenges, mostly due to availability of State funding, advocacy for this grant program has been strong and persistent as LAG assisted the City through two rounds of the grant selection process. In July 2012, the City was awarded $5 million under the Proposition 84 Grant Program to construct the new Community Center. 2 Under this same grant program, in FY 11, the City also applied for a $4.9 million grant to construct a new Linear Walking Trail Park. Although LAG did not assist in the grant preparation for this project, LAG was very proactive and aggressive in lobbying for this grant award as well. In July 2012, the City was awarded $4.9 million to construct the new Walking Trail Park. Below is a summary of their grant performance and efforts for the Proposition 84 Grant Program. 1. Proposition 84 Park Grant, Round 1 (FY 10) — Ham -Burke Community Center ($5 million) a. Assisted in all aspects of the grant submittal process with City staff. City staff completed and submitted grant application. b. Communicated with respective State department administering grant program and aggressively lobbied for grant award year -long. c. Outcome - City was not awarded grant. 2. Proposition 84 Park Grant, Round 2 (FY 11) — Ham -Burke Community Center ($5 million) a. Assisted in all aspects of the second round of the grant submittal process with City staff. City staff completed and submitted second grant application. b. Received feedback from State officials on why first application was rejected and made several recommendations for second application. c. Communicated regularly with respective State department and Assembly Member's Ricardo Lara's office to lobby for grant award year -long. d. Outcome - City was successfully awarded $5 million grant in FY 12. 3. Proposition 84 Park Grant, Round 2 (FY 11) —Linear Walking Trail Park ($4.9 million) a. Was not involved with any grant preparation or submittal of grant application. b. Aggressively lobbied with Assembly Member's Ricardo Lara's office and State officials to award grant to City. c. Outcome - City was successfully awarded $4.9 million grant in FY 12. The success in the Proposition 84 Grant Program was a great collective, concerted effort by staff and all involved. LAG was extremely successful in their lobbying efforts for this grant program and a big part of the City being awarded nearly $10 million in new grant funding for new, vital community projects for the City. Other Grant Opportunities Identified and Referred to the Citv LAG will also regularly identify and refer other grant opportunities to the City. The following grant programs have been referred to staff by LAG over the last few years: 1. Neighborhood Implementation Grants (HUD) 3 2. California Gang Reduction, Intervention and Prevention (CaIGRIP) Grant Program 3. Safe Drinking Water State Revolving Fund 4. Sustainable Communities Grant Program 5. Healthy Store Conversion Grants 6. Grants to Recycle Tires and Rubber Products The City may elect to apply for each grant identified on a case -by -case basis. It is staffs responsibility to assess each grant opportunity and determine if it is beneficial for the City to apply for that particular grant. In general, if a grant requires a matching City contribution, the City will usually not apply for that grant. If a large operational cost will be incurred as a result of the grant, staff may choose not to apply as well. However, if staff elects to apply for any grant, LAG's primary role is to lobby on behalf of the City for that particular grant award, unless otherwise requested to assist with the grant preparation and application process. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney 11 ' LEGISLATIVE ADVOCACY GROUP A Partnership for Excellence LEGISLATIVE AwocAcfGRour. Utc. Legislative Advocacy Group 2012 -2013 Year -End Report Thursday May 30, 2013 Legislative Advocacy Group 2012 -2013 Year -End Report Legislative Advocacy Group is pleased to inform you of our firm's ongoing legislative representation for the City of Lynwood. We would also like to remind you that on June 30, 2013, our retainer services will be eligible for renewal; therefore, we are requesting an extension of the term of our contract agreement so that we may continue our representation for the City of Lynwood. Legislative Advocacy Group regularly monitors, tracks, and identifies legislation specific to the needs of the City of Lynwood. As you are aware, the past three state budget cycles have had a tremendous adverse impact on local government and forced municipalities to eliminate, vital resources. • In 2011 the State faced $20 billion in unexpected annual gaps between, its revenues and spending. This resulted in the Governor's decision to make tough decisions that included realigning public safety, implementing a downsizing plan for the California Department of Corrections and Rehabilitation, the elimination of the redevelopment agencies to increase funding for schools, police, fire and other core local services. It also refocused the state's welfare program on getting people back to work. The 2013 -14 Budget reflects California's most stable fiscal footing in well over a decade. The tough spending cuts in the last two years and the passage of proposition 30 have made this possible. Although we have much to be grateful for as a state local government is still dealing with the tough cuts made to balance the state budget. • Legislative Advocacy Group continues to work with the City as it deals with the dissolution process of the Redevelopment Agency as it did prior to the elimination of redevelopment. Legislative Advocacy assisted the City in advocating against the elimination of redevelopment locally and in Sacramento. This included testimony before the Senate Budget and Fiscal Reviewhearing as well as face to face meetings with members of the State Legislature. • Since the elimination of the Redevelopment Agency Legislative Advocacy has worked closely with the Lynwood team Sarah Withers, Director of Community Development, Lorry Hempe, Special Projects Manager and Bruno Naulls, Project Manager of Community Development in the dissolution process by strategizing the appeal process and securing meetings with our State Senator Ricardo Lara's staff locally and in Sacramento as we request appeals with the Department of Finance. Our coordination with respective legislative representatives often includes providing talking points for our members in budget hearings as they attempt to address the issues affecting their cities with legislation to clarify Assembly Bill 26 from 2011 -12 and Assembly Bill 1484 from the 2011 -12 regular session and other relevant laws implemented for this dissolution process. We have also worked with our new Assembly Member Anthony Rendon's districtstaff and with Alf Legislative Advocacy Group 3767 Worsham Avenue Long Beach, CA 90808 T:(213) 629 -9100- F:(213) 629 -9101 Brant in Sacramento to support the challenges the City is facing during this process. In addition, we regularly monitor municipal and legislative developments communicate with various key City staff members to relay the City's concerns and priorities to elected officials, advocacy organizations, and government agencies. We continue to workclosely with newly electedSenator Lara who represents the 33rd District which includes the City of Lynwood Legislative Advocacy Group will continue to present the city's priorities as identified in our meeting with City staff to various government agencies charged with allocating funds for the projects listed on the Lynwood priority list. We are confident that we will attain positive results with the new representatives in the State Assembly and Senate. Some of these priorities include: • Local Authority and Finance • Economic Development • Impacts of Redevelopment elimination • Water Bond 2014 • Brownfield funding for clean up • Water -IRWM Disadvantaged Communities project • Delta conservation project • Los Angeles River Project It is our professional practice to establish personal relationships with those government agencies in order to maintain a working relationship that ultimately yields results for the city's residents. As you will note in our year -end report we have been working closely with the City of Lynwood on various priority projects in order to help save the Cities resources and identify funding opportunities. We look forward to continuing our working relationship with the City of Lynwood. . 2 Legislative Advocacy Group 3767 Worsham Avenue Long Beach, CA 90808 T:(213) 629 -9100 • F:(213) 629 -9101 a04 LYE AGENDA STAFF REPORT 1IX oil DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag 6w� PREPARED BY: Amanda Roberson, Director of Finance6 G1 Delania G. Whitaker, Administrative Analyst II SUBJECT: Update on California Consulting, LLC Grant Writing Services Recommendation: Staff recommends that the City Council receive and file this report. Background: At the May 14 FY 14 Proposed Budget Workshop, City Council requested that a status update be brought back to Council on the performance of California Consulting, LLC's grant writing services to the City. In February 2012, the City Council approved a six -month agreement with California Consulting, LLC to provide grant writing services. On September 18, 2012, the City Council amended its agreement with California Consulting, LLC to extend the term of the agreement for one year and reduce the monthly compensation rate from $4,000 to $3,000 monthly for services provided to the City. Since the extension of the City's agreement with California Consulting, staff has been working with the consultant to obtain grants that would be most beneficial to the City. Discussion & Analysis: Grant Applications Submitted To date, California Consulting, LLC has assisted City staff with submitting applications for the following applications: 1) FY 12 COPS Hiring Program 7/5 2) Transportation Planning Grant — Environmental Justice 3) US Department of Labor — Farmers Market Promotion Program 4) CalTrans Highway Safety Improvement Program 5) Baseball Tomorrow Fund Of these grants, two have been funded as follows: 1) Transportation Planning Grant, Environmental Justice — Civic Center Comprehensive Plan ($100,000) 2) Highway Safety Improvement Program (HSIP) — Pedestrian Safety Roadway Surrounding St. Francis Medical Center ($376,000) Please note that there were other grant opportunities identified by California Consulting, LLC. However, staff decided not to pursue based on cash match requirements and value to the City. Grants Not Funded Of the grants submitted, three grants were not funded; which include the US Department of Labor — Farmers Market Promotion Program, FY 12 COPS Hiring Program, and Baseball Tomorrow Grant. In Progress Grant Applications Two grant applications are in the preparation stages and are to be submitted to the respective grant organizations. These grant applications include: 1) Oquirrhberg Kennels P.A.C.T. (Policy Agency Canine & Training) Grant — Public Relations /Public Safety 2) FY 13 COPS Hiring Program — Public Relations /Public Safety Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: All Departments P AGEN REP �'ILL.LI DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana PREPARED BY: Fred Galante, City Attorney SUBJECT: Resolution Denying the Special Permit Application by Botanica San Pedro to Operate Fortune Telling Activities in the City of Lynwood Recommendation: City Staff respectfully request that the City Council consider and approve the attached Resolution, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORETUNE TELLING ACTIVITIES AT 3100 E. IMPERIAL HIGHWAY, UNIT H -B." Background: Botanica San Pedro submitted an application to the City for a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such as candies, oils, wind chimes, and charms within Plaza Mexico, located at 3100 E. Imperial Highway, Unit H -8. On May 7, 2013, the City Council conducted a duly noticed hearing to consider such application and found that the applicant failed to meet its burden of proof to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City per Lynwood Municipal Code ( "LMC ") sections 4 -8.1 through 4 -8.7 and section 4 -12. As such, the City Council closed the public hearing and directed City staff to return with a resolution for the City Council's consideration, incorporating the findings made by the City Council at such public hearing., Discussion & Analysis: Botanica San Pedro submitted its application for the special permit to conduct fortune telling activities on or about April 13, 2013. The activities sought to be conducted by applicant are regulated by LMC sections 4 -8.1 through 4 -8.7 and section 4 -12, which sets forth the process, procedures and regulations for special permits. LMC section 4- 12 is the standard for which all applications made after May 1, 1967 for fortune tpUipff ITEM /U. and related businesses must comply. Section 4 -12.7 imposes on the applicant the burden of proof at the hearing before the City Council to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City and, if such showing is not established, irrespective of the good qualifications of applicant and its fitness, willingness and ability to conform to the provisions of such section of the LMC, the permit must be denied. On May 7, 2013, the City Council held a public hearing to consider the special permit application and a notice of time, place and purpose of the hearing was duly given to applicant and all interested parties. At the hearing, the City Council considered the application of Botanica San Pedro per the above provisions of the LMC and considered all documentary evidence and verbal testimony regarding the application and proposed use. The City Council then closed the public hearing and found, based on all evidence available, that there is an overconcentration in the City of Lynwood of fortune telling businesses in similar form and manner as the business proposed by the application at hand. As such, there was concern that such overconcentration would lead to negative impacts to the area. The Council further found that the applicant was unable to demonstrate that another fortunetelling business would be appropriate or that the public convenience and necessity required another such business. In light of such findings, the City Council directed staff to return with a resolution incorporating such findings and denying the application for a special permit to conduct the proposed fortune telling activities. The attached Resolution was prepared for the City Council's consideration incorporating such findings and conclusions made by the Council at the May 7, 2013 public hearing. Fiscal Impact: None Coordinated With: City Manager City Clerk Attachments: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORETUNE TELLING ACTIVITIES AT 3100 E. IMPERIAL HIGHWAY, UNIT H -8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORETUNE TELLING ACTIVITIES AT 3100 E. IMPERIAL HIGHWAY, UNIT H -8 WHEREAS, an application was duly filed by the applicant, Botanica San Pedro, with respect to real property located at 3100 E. Imperial Highway, Unit H -8, requesting the approval of a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such as candles, oils, wind chimes, and charms; WHEREAS, the activities sought to be conducted by applicant are regulated by Lynwood Municipal Code ( "LMC) sections 4 -8.1 through 4 -8.7 and section 4 -12, which sets forth the process, procedures and regulations for special permits; WHEREAS, LMC section 4 -12 is the standard for which all applications made after May 1, 1967 for fortune telling and related businesses must comply, which provision imposes on the applicant the burden of proof at the hearing before the City Council to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City and, if such showing is not established, irrespective of the good qualifications of applicant and its fitness, willingness and ability to conform to the provisions of such section of the LMC, the permit must be denied; WHEREAS, the City Council held a public hearing on May 7, 2013 at 6:30 P.M. at City Hall, Council Chambers, 11330 Bullis Road, Lynwood, California to consider the special permit application and a notice of time, place and purpose of the aforesaid meeting was duly given to applicant and all interested parties; WHEREAS, at its May 7, 2013 meeting, the City Council considered said application of Botanica San Pedro in accordance with the provisions of the LMC and considered all documentary evidence and verbal testimony regarding said application and the proposed use; WHEREAS, the City Council closed the public hearing and found, based on all evidence available, that there is an overconcentration in the City of Lynwood of fortune telling businesses in similar form and manner as the business proposed by the application at hand and, as such, there was concern that such overconcentration would lead to negative impacts to the area and that the applicant was unable to demonstrate that another fortunetelling business would be appropriate or that the public convenience and necessity required another such business; and WHEREAS, the City Council directed staff to return with a resolution incorporating such findings and denying the application for a special permit to conduct the proposed fortune telling activities. NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The Recitals set forth above are true and correct and incorporated herein by reference. Section 2 . The City Council, having conducted the May 7, 2013 duly- noticed hearing on the application of Botanica San Pedro, with respect to real property located at 3100 E. Imperial Highway, Unit H -8, for approval of a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such as candles, oils, wind chimes, and charms found that there is an overconcentration in the City of Lynwood of fortune telling businesses in similar form and manner as the business proposed by the applicant, and as such, the overconcentration would likely lead to negative impacts to the area, and that the applicant was unable to demonstrate that another fortunetelling business would be appropriate or that the public convenience and necessity required another such business in the City. Section 3 . Based on the provisions of LMC section 4 -12.7 requiring the applicant for a fortune telling business to meet its burden of proof at the hearing before the City Council to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City and the above findings confirming that applicant failed to meet such burden, the City Council hereby denies the application of Botanica San Pedro for a special permit to conduct fortune telling activities. Section 4. This Resolution shall take effect and be in full force immediately upon its approval and as authorized by law. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall transmit a copy of the same to the applicant. PASSED, APPROVED AND ADOPTED this 4th day of June, 2013. ATTEST: Maria Quinonez CITY CLERK APPROVED AS TO FORM: Fred Galante CITY ATTORNEY Salvador Alatorre, Mayor APPROVED AS TO CONTENT: Roger L. Haley CITY MANAGER STATE OF CALIFORNIA } }SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of June, 2013. AYES: NOES: ABSENT: G1�ii_1P►A MARIA QUINONEZ, CITY CLERK ? l �rr G AGEN ST R EP O RT O.r � DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Emilio Murga, P.E., Director of Public Works /City Engineerfpq-�- Josef Kekula, Public Works Associate SUBJECT: Lynwood Lighting Assessment District No. 2013 -A, FY 2013 -14 Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LIGHTING ASSESSMENT DISTRICT." 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 WITHIN THE LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS July 2, 2013." Background: The Lynwood Lighting Assessment District ( "District ") was first established in 1978 under the Street Lighting Act of 1919. Subsequently, the District was re- established in 1981 under the Landscaping and Lighting Act of 1972. The cost of maintenance, including the assessment engineering costs and administration can be levied annually against the properties which receive the benefits, thereby relieving the General Fund of those costs. Property owners are assessed only for the benefits received. The assessments were levied as a fair and equitable way to provide funds to maintain, operate and improve the lighting areas in the City. The plan and diagram 2013 -A fQAGEND ITEM ' /7 the District are on file in the Office of the Director of Public Works /City Engineer for the City of Lynwood. Discussion & Analysis: The City Council, on January 15, 2013, adopted Resolution 2013 -007 ordering the City Engineer to prepare and file a report regarding the Lynwood Lighting Assessment District. The Engineer's Report has been completed and is attached to this staff report for the City Council's reference and use. There are no proposed assessment rate increases; the assessment rates will remain the same at $1.62 per front footage for residentially zoned properties and $3.01 per front footage for commercially zoned properties. The Report indicates a total assessment of $1,030,880 for Fiscal Year 2013 -2014. The cost to operate the District for FY 13 -14 is $1,139,438 and the assessment amount plus transfers -in and interest and penalties is $1,106,535, this will results in an estimated shortfall at the end of FY 13 -14 in the amount of $32,903. This shortfall will be made up with General Fund. Fiscal Impact: The District is currently operating at an annual shortfall. At this time, the assessment rates for the City's Lighting District will remain the same and will result in an estimated negative fund balance of $32,903 in FY 13 -14. Coordinated With: City Manager's Office City Attorney's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LIGHTING ASSESSMENT DISTRICT WHEREAS, the City Council on January 15, 2013, adopted Resolution No. 2013 -007, directing the City Engineer to prepare and file with the City Clerk, a report in writing in accordance with the requirements of Streets and Highways Code, Section 22565 et. seq.; and WHEREAS, the City Engineer has prepared and filed said report with the City Clerk and the City Clerk has presented said report to this City Council for consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council has considered said report as filed and is hereby approved. Section 2. Said report, including any plan and diagram 2013 -A, estimates of costs and expenses and assessments shall be placed on file in the office of the City Clerk and may be examined by any interested persons. Section 3. This resolution shall take effect immediately upon its adoption. Section 4 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of June, 2013. Sal Alatorre Mayor 3 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio M. Murga, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 5 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 WITHIN THE LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY 2, 2013 WHEREAS, the City Council has ordered and the City Engineer has prepared and filed a report in writing containing all matters required by Council under Streets and Highways Code, Section 22565, et seq.; and WHEREAS, said report has been presented to the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Pursuant to the Landscaping and Lighting Act of 1972 commencing with Streets and Highways Code Section 22500 et seq., the City Council of the City of Lynwood hereby declares its intention to order the levy and collection of assessments against the assessable lots and parcels of land within an existing assessment district designated "Lynwood Lighting Assessment District' (the "District) for fiscal year 2013- 2014 to pay for the costs of those existing and previously proposed improvements described as: "The installation or construction and maintenance and servicing of existing and previously proposed public lighting facilities and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or servicing thereof, including but not limited to, electric current, repair of street light standards and fixtures and incidental costs including labor, material and equipment. Such improvements constitute the maintenance and operation of sidewalks and streets, specifically, the maintenance and operation of existing and previously proposed public lighting facilities located in and along sidewalks and streets, including street lights and traffic signals, and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain public lighting facilities and traffic signals located in and along public streets within the City; and the installation and construction of previously proposed public lighting facilities, and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, which have been or are to be paid from the proceeds of revenue bonds." The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2013 -A on file in the office of the City Engineer. Section 2. Reference is hereby made to the report of the Engineer approved by City Council on June 4, 2013, by a resolution, and on file in the office of the City Clerk, describing the improvements made or to be made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 3. Notice is hereby given that on July 2, 2013, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and parcels of land within the District for fiscal year 2013 -2014. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the time and place in the form and manner provided by law. Section 5. The proposed assessments for fiscal year 2013 -2014 will remain the same and are $1.62 per foot of frontage for residentially zoned properties and $3.01 per foot of frontage for commercially zoned properties. Section 6. This resolution shall take effect immediately upon its adoption. Section 7 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of June, 2013. Sal Alatorre Mayor ATTEST: Maria Quin6nez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio M. Murga, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 0 CITY OF LYNWOOD I May 29, 2013 LIGHTING ASSESSMENT DISTRICT 1 of 7 ENGINEER'S REPORT LYNWOOD LIGHTING ASSESSMENT DISTRICT PREPARED Pursuant to the LANDSCAPING AND LIGHTING ACT OF 1972 (Division 15, Part 2) STREETS AND HIGHWAYS CODE STATE OF CALIFORNIA Prepared by: EMILIO M. MURGA, P.E. City Engineer 11330 Bullis Road Lynwood, California 90262 CITY OF LYNWOOD I May 29, 2013 LIGHTING ASSESSMENT DISTRICT 2 of 7 May 29, 2013 THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY HALL. LYNWOOD. CALIFORNIA LYNWOOD LIGHTING ASSESSMENT DISTRICT Pursuant to Resolution No. 2013 -007, adopted by your Honorable Body on January 15, 2013, 1 have prepared the Engineer's Report. ENGINEER'S REPORT This Engineer's Report is required by the Landscaping and Lighting Act of 1972 (Division 15, Part 2, Streets and Highways Code of the State of California). The Engineer's Report contemplates the levying of an assessment to provide funds necessary to construct, install, maintain and service public lighting facilities and appurtenant facilities within the Lynwood Lighting Assessment District ( "District "). The assessment will be levied against those parcels of land within said District benefiting from the improvements, as required by law. Proper construction, installation, maintenance and servicing of the street lighting facilities within the District benefit all assessable properties within the District by providing proper illumination for ingress and egress and safe traveling at night to and from such properties. It also improves protection of such properties from crime and vandalism. The foregoing also enhances property values. Since the lighting facilities are located along the public streets, the front footage of each benefited property along such streets is used as the base for distributing the CITY OF LYNWOOD I May 29, 2013 LIGHTING ASSESSMENT DISTRICT 3 of 7 overall costs of the improvements in proportion to the estimated benefits to be received by each assessable parcel. The different assessments for commercial and residential properties are based on different lumen and other design requirements along major arterial and residential streets. THE ENGINEER'S REPORT Pursuant to the Landscaping and Lighting Act of 1972, it is required that an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to the City Council for its consideration. This Engineer's Report consists of the following: 1. DIAGRAM AND PLAN NO. 2013 -A: The plans and specifications for the improvements within the District are on file with the City Engineer and incorporated herein by reference. Plan No. 2013 -A shows the approximate location, nature and extent of the street lighting system of the District. A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit A and is incorporated herein by reference. Reference is made to the Los Angeles County Assessor's Maps for fiscal year 2012 -13 for a detailed description of the lines and dimensions of any lots or parcels within the District. 2. SPECIFICATIONS: Existing and previously proposed improvements for fiscal year 2013 -14 include, but are not limited to, the following: electrical energy; repair and replacement of street light standards and fixtures; labor; materials; equipment; miscellaneous improvements; overhead. and incidental work and construction of capital improvement projects as required. CITY OF LYNWOOD LIGHTING ASSESSMENT DISTRICT May 29, 2013 4of7 3. ESTIMATE OF COSTS: Maintenance and Servicing Costs Taking into consideration the current economic constraints and resulting current fiscal budgetary policies, a conservative projected estimate of the maintenance and servicing costs with respect to the District (including incidental expenses) for the one - year period beginning July 1, 2013 and ending June 30, 2014 is as follows: Street Lighting A. Personnel $ 59,215 B. Maintenance & Operations $ 515,632 TOTAL COST $ 574,847 Capital Improvement Costs In 1993, the City of Lynwood entered into an agreement with the Lynwood Lighting Assessment District pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972 whereby the District received an advance of $2,560,703 from the City of Lynwood for deposit to the Capital Improvement Fund and agreed to repay the City through the levy and collection of annual assessments for those improvements over a period of twenty (20) years, commencing with fiscal year 1992 -93 and is proposed to continue until the loan is paid. The annual installment is $295,350. A list of the approved projects and their status is attached with this report as Exhibit B. Total Estimated Costs The total amount to be assessed against parcels within the District for FY 2013 -14, consisting of the maintenance and servicing costs for FY 2013 -14 is as follows: CITY OF LYNWOOD LIGHTING ASSESSMENT DISTRICT May 29, 2013 5of7 Street Lighting Costs FY 2013 -14 ASSESSMENT ($574,847) Annual Installment for ($295,350) Certificates of Participation (Revenue Bonds) Total Cost Estimated FY 12 -13 Shortfall TOTAL LIABILITY Expected Revenue and Amount to Be Assessed at No Change in Foot Frontage (FF) Rates Transfer — In Estimate Other Revenue Estimate Est. shortfall at end of FY 13 -14 ($269,241) ($1,139,438) $ 1,030,880 $ 58,315 $ 17,340 ($32,903) 4. TOTAL NUMBER OF STREET LIGHTS IN THE CITY OF LYNWOOD: EDISON OWNED CITY OWNED TOTAL Lumens Number Number Number 7,000 8 191 199 9,500 1,842 344 2,186 15,000 196 52 248 20,000 138 0 138 25,000 653 711 1,364 CITY OF LYNWOOD LIGHTING ASSESSMENT DISTRICT May 29, 2013 6of7 EDISON OWNED CITY OWNED TOTAL Lumens Number Number Number 35,000 8 8 47,000 19 19 55,000 13 0 13 TOTAL ' 2,877 1,298 4,175 1. Residential zoned properties with 7,000 - 15,000 lumens /light. 2. Commercial zoned properties with 20,000 - 55,000 lumens /light. 5. ASSESSMENT OF ESTIMATED COST: There are approximately 10,058 parcels of property, with approximately 560,023 lineal feet of front footage, within the District, excluding parcels of public property, which are not assessed for the cost of improvements. Zone T pe Feet 1 Residential 471,072 2 Commercial 88,951 Estimated Assessment Revenue: Rate Amount $1.62/FF $ 763,137 $3.01 /FF $ 267,743 $1,030,880 6. LIGHTING DISTRICT FUND BALANCE: Exhibit "C" describes the District fund balance analysis. At this time, the assessment rates for the City's Landscape District will remain the same. CITY OF LYNWOOD LIGHTING ASSESSMENT DISTRICT May 29, 2013 7 of 7 7. ASSESSMENT ROLL: In compliance with the Landscaping and Lighting Act of 1972, copies of the County Assessor's Map and the County Tax Collector's tax rolls were used in this Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal description, the County Assessor's code numbers, the assessable front footage used in calculating the assessment against each individual parcel and the total net assessment levied against the parcel. All assessable parcels of land in said District were included in one of the two zones of benefit as set forth herein above. The assessment rolls are on file in the office of the City Clerk and are incorporated herein by reference. The Plans and Specifications are also on file in the Office of the City Engineer and are incorporated herein by reference. The foregoing Engineer's Report, which includes PLAN AND DIAGRAM No. 2013 -A, ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented herewith for your approval by resolution. Dated this 29 day of May, 2013 Respectfully, � GG ,P `J O M. G EMILIO M. MUR y P. City Engineer !� W� W20 City of Lynwood Exp. 12.31 Exhibits fJ CIV11 -� STREET LIGHTING ASSESSMENT DISTRICT CAPITAL IMPROVEMENTS EXHIBIT `B" BUDGET COMPLETED, % 1. Street Lighting Rehab. (Res.) $740,503 100 2. Street Lighting Rehab. (Comm.) $1,114,000 100 3. Public Works Yazd $360,000 100 4. Cesar Chavez Ln. Lighting $31,200 100 5. Security Lighting $100,000 100 6. Lynwood City Park Lighting $200,000 100 7. Street Lighting Abandonment $80,000 45 (Postponed) 8. Street Lights Installations $0 Deleted TOTAL: $2,625,703 EXHIBIT `B" LYNWOOD LIGHTING ASSESSMENT DISTRICT FUND BALANCE ANALYSIS FISCAL YEAR 2012 -2013 2013 -2014 STATUS YEAR END PROJECTION BUDGET ESTIMATE BEGINNNG FUND BALANCE - $553,362 - $269,241 TAXES & LIGHTING ASSESSMENT $1,135,561 $1,030,880 USE OF MONEY AND PROPERTY $46,802 $17,340 TRANSFER IN -OTHER FINANCING SOURCES $74,315 $58,315 STREET LIGHTING MAINTENANCE COST - $677,207 - $574,847 CIP $0 $0 DEBT SERVICES - $295,350 - $295,350 FUND BALANCE - $269,241 - $32,903 EXHIBIT C 0 AGENDA STAFF REPORT DATE: June 4, 2013 TO: Honorable Mayor & City Council Members APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Emilio M. Murga, P.E., Director of Public Works /City EngineerCM Josef Kekula, Public Works Associate SUBJECT: Lynwood Landscape Maintenance Assessment District No. 2013 -L, FY 2013 -14 Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -14 WITHIN THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY 2, 2013." Background: The Lynwood Landscape Maintenance Assessment District was first established in 1978 under the Landscaping and Lighting Act of 1972. The cost of maintenance, including the assessment engineering costs and administration, can be levied annually against the properties that receive the benefits thereby relieving the General Fund of those costs. Property owners can be assessed only for the benefits received. The assessments are levied as a fair and equitable way to provide funds to maintain, operate and improve the landscaped areas in the City including all City parks. The r ITEM 3 plans and specifications for the District are on file in the Office of the Director of Public Works /City Engineer. Discussion & Analysis: The City Council, on January 15, 2013, adopted Resolution 2013 -006 ordering the City Engineer to prepare and file a report regarding the Lynwood Landscape Assessment District. The Engineer's Report has been completed and is attached to this staff report for the City Council's reference and use. There are no proposed assessment rate increases; the assessment rates will remain the same at $1.90 per front footage for both residentially zoned properties and for commercially zoned properties. The Report indicates a total assessment of $1,064,044 for Fiscal Year 2013 -2014. The cost to operate the District for FY 13 -14 is $1,355,922 and the assessment amount, transfer -in and interest and penalties is $1,420,193, this will results in an estimated surplus at the end of FY 13 -14 in the amount of $64,271. Fiscal Impact: The District is currently operating at an annual shortfall. To help balance the District $177,889 of General fund and $165,000 of Gas Tax fund are proposed to be transferred which will result in an estimated fund balance of $64,271 in FY 13 -14. At this time, the assessment rates for the City's Landscape District will remain the same. Coordinated With: City Manager's Office City Attorney's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON JANUARY 15, 2013, RELATING TO THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WHEREAS, the City Council on January 15, 2013, adopted Resolution No. 2013 -006, ordering the City Engineer to make and file with the City Clerk, a report in writing in accordance with the requirements of Streets and Highways Code, Section 22565 et. seq.; and WHEREAS, the City Engineer has made and filed said report with the City Clerk and the City Clerk has presented said report to this City Council for consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council has considered said report as filed and is hereby approved. Section 2. Said report, including any plans, specifications, estimates of costs and expenses, diagram and assessments shall be placed on file in the office of the City Clerk and may be examined by any interested persons. Section 3. This resolution shall take effect immediately upon its adoption. Section 4 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4` day of June, 2013. Sal Alatorre Mayor 3 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio M. Murga, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 WITHIN THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY 2, 2013 WHEREAS, the City Council has ordered and the City Engineer has prepared and filed a report in writing containing all matters required by the City Council under Streets and Highways Code, Section 22565, et seq.; and WHEREAS, said report has been presented to the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Pursuant to the Landscaping and Lighting Act of 1972, commencing with Streets and Highways Code Section 22500 et seq., the City Council of the City of Lynwood hereby declares its intention to order the levy and collection of assessments against the assessable lots and parcels of land within an existing assessment district designated "Lynwood Landscape Maintenance Assessment District ( "District ") for fiscal year 2013 -2014 to pay for the costs of those existing and previously proposed improvements described as: "The installation, maintenance, and servicing of existing and previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights -of -way and City owned property in the City of Lynwood. Such improvements include the maintenance and operation of sidewalks, streets, and water, flood control and drainage systems, specifically the maintenance and operation of landscaping and appurtenant facilities in and along streets and sidewalks, the maintenance and operation of parks, including appurtenant facilities, which serve as natural retention and drainage systems as required by the area's Master Storm Drain Plan, and the maintenance and operation of landscaped areas adjacent to and appurtenant to water well sites; and the installation of previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights -of -way and City -owned property in the City which have been paid or are to be paid from the proceeds of revenue bonds." The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2013 -L on file in the office of the City Engineer. 6 Section 2. Reference is hereby made to the report of the Engineer approved by the City Council on June 4, 2013, by a resolution, and on file in the office of the City Clerk, describing the improvements made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 3. Notice is hereby given that on July 2, 2013, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and parcels of land within the District for fiscal year 2013 -2014. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the time and place in the form and manner provided by law. Section 5. The proposed assessment rate for fiscal year 2013 -2014 will remain the same and is $1.90 per foot frontage for residential and commercial properties. Section 6 : This resolution shall take effect immediately upon its adoption. Section 7 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4 th day of June, 2013. Sal Alatorre Mayor 7 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio M. Murga, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood W CITY OF LYNWOOD I May 29, 2013 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 1 of 7 ENGINEER'S REPORT LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PREPARED Pursuant to the LANDSCAPING AND LIGHTING ACT OF 1972 (DIVISION 15, PART 2) STREETS AND HIGHWAYS CODE STATE OF CALIFORNIA Prepared by: EMILIO M. MURGA, P.E. City Engineer 11330 Bullis Road Lynwood, California 90262 CITY OF LYNWOOD I May 29, 2013 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 2of7 May 29, 2013 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY HALL, LYNWOOD, CALIFORNIA LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Pursuant to Resolution No. 2013 -006, adopted by your Honorable Body on January 15, 2013, 1 have prepared the Engineer's Report. ENGINEER'S REPORT This Engineer's Report is required by the Landscaping and Lighting Act of 1972 (being Division 15, Part 2, Streets and Highways Code of the State of California). The Report contemplates the levying of an assessment to provide funds necessary to construct, install, maintain and service sidewalks, streets, and water, flood control and drainage systems and appurtenant facilities within the Lynwood Landscape Maintenance Assessment District ( "District "). The assessment will be levied against those parcels of land within said District benefiting from the improvements, as required by law. Proper construction, installation, maintenance and servicing of median islands, retention basins, street trees and other landscaped facilities provide an esthetically pleasing environment, air purification and sound attenuation. Proper maintenance of such landscaping also provides for the efficient operations of streets, sidewalks, water, flood control and drainage systems throughout the City. It enhances the overall quality of life and desirability of an area, thereby enhancing the value of each and every parcel in the District. Since the street trees and medians are evenly distributed along the public streets and other landscaped facilities are evenly distributed throughout the District, all properties within the District are located within a single zone. The front footage of each benefited property is used as the base for distributing the overall costs in proportion to the estimated benefits to be received by each assessable parcel from the improvements. CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT May 29, 2013 3of7 THE ENGINEER'S REPORT Pursuant to the Landscaping and Lighting Act of 1972, it is required that an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to the City Council for its consideration. This Engineer's Report consists of the following: 1. DIAGRAM AND PLAN 2013 -L: A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit "A" and is incorporated herein by reference. Reference is made to the Los Angeles County Assessor's Maps for fiscal year 2012 -2013 for a detailed description on the lines and dimensions of any lots or parcels within the District. 2. SPECIFICATIONS: The Lynwood Landscape Maintenance Assessment District was formed and assessments first levied in 1978 following the passage of Resolution No. 78 -78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works /City Engineer and are incorporated herein by reference. Landscape maintenance for Fiscal Year 2013 -2014 includes maintenance and servicing of the following improvements: LYNWOOD CITY PARK (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick -up. BURKE - HAM PARK (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick -up. LOS AMIGOS PARK (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick -up. ADOLFO MEDINA PARK (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick -up. CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT May 29, 2013 4 of 7 ROSE PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick -up. CARNATION PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick -up. POCKET PARKS 4 -SITES (.6 acres) Regrading, weeding, graffiti removal, trash STREET MEDIANS Mowing, edging, irrigation, trash pick -up and eradicating pests: • Long Beach Boulevard, 74,646 square feet • State Street, 170,000 square feet • Imperial Highway, 37,740 square feet • Atlantic Avenue, 94,472 square feet • Hulme Avenue 2,160 square feet • Lilita Avenue 1,620 square feet • Carlin Avenue 1,530 square feet • Los Flores Boulevard, 36,800 square feet • Flower Street 36,800 square feet • Bullis Road, 3,888 square feet *Santa Fe Avenue, 3,000 square feet WATER WELLS (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. TREE TRIMMING Four -year cycle general tree trimming, and in -house light tree trimming and emergency response services. CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT May 29, 2013 5of7 3. ESTIMATE OF COST: Maintenance and Servicing Costs Taking into consideration the current economic constraints and resulting current fiscal budgetary policies, a conservative projected estimate of the water, electrical energy, operation and maintenance costs with respect to the District (including incidental expenses) for the one -year period beginning July 1, 2013 and ending June 30, 2014, is as follows: Landscape Maintenance: A. Personnel $ 801,145 B. Maintenance & Operations $ 32,300 C. Tree Maintenance $ 321,110 TOTAL COST $ 1,154,555 Capital Improvement Costs There was a considerable backlog in capital improvement projects in the District. The public interest and safety required that these projects be constructed on an expedited basis. The cost of such capital improvements exceeded the amount that could be conveniently raised in a single assessment. Pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972, the City of Lynwood entered into an agreement whereby the District received an advance of $2,467,850 from the City of Lynwood for deposit to the improvement fund. Such advance is to be repaid to the City through the levy and collection of annual assessments for these improvements over a period of twenty (20) years commencing with fiscal year 1992 -93, and is proposed to continue until the loan is paid. With the 2003 bond refinancing, the annual installment is $238,450. A list of the previously approved projects and their status is attached to this report as Exhibit "B ". CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT May 29, 2013 6of7 Total Estimated Costs The total amount to be assessed with respect to the District for fiscal year 2013 -2014, consisting of the maintenance and servicing costs and the annual installment for the capital improvement cost discussed above, plus the estimated shortfall from Fiscal Year 2012 -13 is as follows: FY 2013 -2014 ASSESSMENT Maintenance and ($ 1,154,555) Servicing Costs Annual Installment ($ 238,450) (Revenue Bonds) Total Cost ($1,393,005) Est. FY 12 -13 Surplus $ 37,083 TOTAL LIABILITY ($1,355,922) Est. Revenue & Amount to Be $1,064,044 Assessed at No Change in Foot Frontage (FF) Rate Transfer — In Estimate $ 342,889 Other Revenue Estimate $ 13,260 Est. surplus at end of FY 13 -14 $ 64,271 CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT May 29, 2013 7of7 4. ASSESSMENT OF ESTIMATED COST: There are approximately 10,058 parcels of residential and commercial properties within the District with approximately 560,023 front footage (FF), excluding parcels of public property which are not assessed for the costs of improvements. Total Front Footage Rate Estimated Assessment revenue 560,023 FF $1.90 /FF $1,064,044 5. LANDSCAPE DISTRICT FUND BALANCE: Exhibit "C" describes the District fund balance analysis. At this time, the assessment rates for the City's Landscape District will remain the same. 6. ASSESSMENT ROLL In compliance with the Landscaping and Lighting Act of 1972, copies of the County Assessor's Map and the County Tax Collector's tax rolls were used in this Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal description; the County Assessor's code numbers; the assessable front footage used in calculating the assessment against the parcels and the total net assessment levied against the parcels for Fiscal Year 2013 -2014. The assessment roll is on file in the Office of the City Clerk and is incorporated herein by reference. The foregoing Engineer's Report, which includes PLANS AND DIAGRAM No. 2013 -L, the ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented herewith for your approval by resolution. Dated this 29 day of May, 2013. Respectfully, /, C ' V O M �J 54420 EMILIO M. MURGA P.E. ExP.12.31 City Engineer City of Lynwood CI%AV Of CAO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT CAPITAL IMPROVEMENTS PROJECT BUDGET COMPLETE % 1. Sidewalk Reconstruction $1,000,000 100% 2. Cesar Chavez Ln. Improvements $357,000 100% 3. Streetscaping $431,400 100% 4. Landscaped Median Islands $236,000 100% 5. Tree Planting $105,697 100% 6. Public Parks $73.400 100% Total: $2,203,497 EXHIBIT "B" LANDSCAPE MAINTENANCE FUND BALANCE ANALYSIS FISCAL YEAR 2012 -2013 2013 -2014 STATUS YEAR END PROJECTION BUDGET ESTIMATE BEGINNNG FUND BALANCE - $33,485 $37,083 TAXES & LANDSCAPE ASSESSMENT $1,156,913 $1,064,044 USE OF MONEY AND PROPERTY $26,577 $13,260 TRANSFER IN -OTHER FINANCING SOURCES $307,889 $342,889 LANDSCAPE MAINTENANCE COST - $1,182,361 - $1,154,555 CIP $0 $0 DEBT SERVICES - $238,450 - $238,450 FUND BALANCE $37,083 $64,271 EXHIBIT "C" 0 AGENDA STAFF REPORT DATE: June 4, 2013 TO: Honorable Mayor and Members of the Cit Council APPROVED BY: Roger L. Haley, City Mana er PREPARED BY: Emilio Murga, P.E, Director of Public Works /City Engineer /ry Josef Kekula, Public Works Associate �� SUBJECT: Contract Extension, Lynwood Trolley Bus Service Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION INC., UNTIL SEPTEMBER 8, 2013 ". Background: On March 6, 2007 City Council awarded a contract to MV Transportation, Inc. ( "MVT "), for 5 years at a total contract cost of $3,832,616. Towards the end of the contract cycle, on October 15, 2012, an RFP was issued for fixed route transit services. On November 8, 2012, three proposals were received from the following companies; Silverado Stages, MV Transportation, Inc., and Transportation Concepts. On February 5, 2013, City Council awarded a contract to Silverado Stages ( "SS ") (the lowest bidder) to provide fixed route transit services for 5 years, for a total contract cost of $3,756,456. Subsequently, on February 21, 2013, MVT, the current service provider, filed a formal bid protest. Before the City could respond, on Monday, February 25, 2013, MVT filed a writ of mandate in court seeking to invalidate the City's awarding of the transit service contract to SS. On Tuesday, Feb. 26, 2013, MVT applied for a temporary restraining order and immediate stay to prevent SS from commencing operations. The court heard the matter on February 27, 2013, and denied the temporary retraining order and since MVT's contract expired February 28, 2013, the court asked the City to meet and confer with all the parties to determine who will provide interim transit services. It was agreed to have MVT continue providing temporary transportation services. At the March 5 2013, City Council meeting, the City Attorney asked that the contract be extended to May 31, 2013, to allow additional time to prepare a new RFP. As such, City Council extended MVT's contract through May 31, 2013 and authorized the re- bidding process. If additional time was required, staff was to return to City Council and request additional time. AGENDP IIfEM 1 �� Discussion & Analysis: Additional time is required to complete the re- bidding process. In order to prevent an interruption of services while the bidding is in process an extension of MVT's contract is proposed. MVT has agreed to continue service at the current hourly rate of $59.21. The bidding process is anticipated to take about 90 -days and thus the contract is proposed to be extended to September 8, 2013 (see attached proposed RFP schedule). Fiscal Impact: The fixed route service is funded through June 30, 2013, and is also proposed to be funded for FY 2013 -14, using $820,000 of Proposition A fund. No additional funding is required. Coordinated With: City Manager's Office City Attorney's Office Finance Attachments: 1. Route Map 2. Tentative RFP Schedule 3. Resolution 2013.0 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION, INC. UNTIL SEPTEMBER 8, 2013 WHEREAS, on February 21, 2013, MV Transportation, Inc. filed a formal Bid Protest contesting the award of contract to Silverado Stages; and WHEREAS, at the March 5, 2013 City Council meeting MV Transportation's contract was extended through May 31, 2013; and WHEREAS, additional time is needed to complete the bidding process; and WHEREAS, MV Transportation has agreed to continue service at its current hourly rate of $59.21. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council approves an extension for the Trolley Bus Services Contract with MV Transportation, Inc. until September 8, 2013. Section 2 . That the Mayor is authorized to execute the contract amendment on a form to be approved by the City Attorney. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. Section 4 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4 th day of June, 2013. Salvador Alatorre Mayor 3 ATTEST: Maria Quinonez, City Clerk City of Lynwood APPROVED AS TO FORM: City Attorney City of Lynwood Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio Murga, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood s Tentative Schedule Request for Proposals ( "RFP ") Fixed Route Transit Services 1 Prepare RFP ................................ ............................... 6/12/13 2. Advertise RFP .................................. ............................... 6/13/13 3. RFP Due Date .............................. ............................... 7/11/13 4. Review Proposals /Interview ............. ............................... 7/25/13 5. Award Service Contract .................. ............................... 8/6/13 6 Start Service ................................ ............................... 9/9/13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION, INC. UNTIL SEPTEMBER 8, 2013 WHEREAS, on February 21, 2013, MV Transportation, Inc. filed a formal Bid Protest contesting the award of contract to Silverado Stages; and WHEREAS, at the March 5, 2013 City Council meeting MV Transportation's contract was extended through May 31, 2013; and WHEREAS, additional time is needed to complete the bidding process; and WHEREAS, MV Transportation has agreed to continue service at its current hourly rate of $59.21. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council approves an extension for the Trolley Bus Services Contract with MV Transportation, Inc. until September 8, 2013. Section 2 . That the Mayor is authorized to execute the contract amendment on a form to be approved by the City Attorney. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. Section 4 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4 th day of June, 2013. Salvador Alatorre Mayor 3 ATTEST: Maria Quinonez, City Clerk City of Lynwood APPROVED AS TO FORM: City Attorney City of Lynwood Roger L. Haley City Manager APPROVED AS TO CONTENT: Emilio Murga, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 5 uxu��_ .�uom �- �� u � .� .. Lj W.1 M.� x' e 'V a ..� � L T CKOOL s im CHOOL I T . I AL . . L L'.. iii � c..:..` P O L � �D tj . nj I�—� .. � � qp ®® •� � p � 110 L ta. I EXISTING CITY OF LYNWOOD ROUTE 1401 10 WILLDAN A Q:UN15619%Ly1wm0 .Route_Xdgn 11/10/20063:G5:59 PM SERVING PUBLIC 4GENCIES TROLLEY STUDY .:,: ex;. :1 @ 1 -�0 - � u [moo cf 9 P � q 9 .CFOO\ � y 1 •P 1 •8 .1 �@ H :@ BOii RDP �-} T �.VFO n ' + o de mo e ' ® `. E . O' __�-__ —_ e " � t w v eoo xnx � I ~ IMPERIR pNMV � \ HOSPITAL � u+A c \�� •• B �*e �aO I iiiico a x�e.e ` le�A yi�l� d� ® ® d g •bP a F a g a � ...� S w I I I Y x b O a � •ow ° e " II +X oxee ^.. o /ddJl Y : ` x• ® Q IXaoi e I 11 1� � x ioiloo. <•x�. Ci" w. t � ®�- 1 ^ a P. �I � •�" P olo q d .`,�la I�� a '.� 11! EXISTING CITY OF LYNWOOD _ ii WILLDAN ROUTE B G JNI56191Lym ocLRoule_S.d9n 11/102006 3:15:08 PM sevu.c eue�lc cceunES TROLLEY STUDY c �j ssao CITY OF LYNWOOD FOUTE /4 WILLDAN SERVING PUBLIC nca¢izs TROLLEY STUDY c issl9ILynwooa_ROiao_c.ago 11110,2006 a:zo:so r'n -- I 6V L�Y! O�X� XXX 1 V I I s uuu 6 I I O:UN15619 111102008322:58P YLXI• Y•1.00 � C•IXX CM.LY6 I1 � @ 1° m YICCL( •CXOCL C.I RX ' CfkifX Q� w ... 1� ti � ICNOp ON .0 WILLDAN CITY OF LYNWOOD SERVING Fueuc AGEUUES TROLLEY STUDY ACNOO ICXOOL ExIST[No ROUTE D : RESOLUTION NO. 2013.035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION FOR THE PERIOD COMMENCING MARCH 7, 2013 AND EXPIRING MAY 31, 2013 WHEREAS, on February 21, 2013, MV Transportation filed a formal Bid Protest contesting the award of contract to Silverado Stages; and WHEREAS, to continue uninterrupted fixed route service the court has asked the City to meet and confer with all parties to determine who will provide interim services; and WHEREAS, all parties have agreed that MV Transportation will continue to provide fix route trolley services in the interim until the issue is resolved; and WHEREAS, the current contract was amended for an additional 6 days and will now expire March 6, 2013, and WHEREAS, additional time may be needed to resolve this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves an extension for the Trolley Bus Services Contract with MV Transportation to commence March 7, 2013 and expire May 31, 2013, or such earlier time as the City Council awards a contract in response to the request for bids /proposals to be issued for such services. Section 2. That the Mayor is authorized to execute the contract amendment in a form to be approved by the City Attorney. Section 3. The City Clerk shall certify as to the adoption of this Resolution. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 5 th day of March, 2013. Salvador Alatorre, Mayor ATTEST: i Clerk Maria Quinonez, APPROVED AS TO FORM: Fred Galante, City Attorney i� / � m AAM APPROVED AS TO CONTENT: "Josef Kekula, Acting Director Public Works STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of March, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2013.035 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5` day of March, 2013. Maria Quinonez, City Clerk s4 AGENDA STAFF REPORT DATE: June 4, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage / �J/ PREPARED BY: Maria Quinonez, City Clerk ftL� Alicia Duarte, Executive Assistant to the City Clerk SUBJECT: November 5, 2013 General Municipal Election Recommendation: Staff recommends that the City Council approve and adopt the attached resolutions entitled: 1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES ": and 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE "; and 3. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,2013". ITEM Background: On Tuesday, November 5, 2013, a General Municipal Election is scheduled to be held for three (3) seats on the Lynwood City Council. The City Council seats are currently held by Council Members Jim Morton, Ramon Rodriguez and Maria T. Santillan -Beas. The persons elected to fill these seats will serve a four year term, expiring in November, 2017. Presented for your consideration are a series of recommendations which will have the effect of calling the election; requesting election related services from Los Angeles County; approving the City of Lynwood's consolidation with the County of Los Angeles; and approving regulations for candidates' statements. Pursuant to the Federal Voting Rights Act, Los Angeles County is required to make voting material available in English, Spanish, Japanese, Chinese, Korean, Tagalog and Vietnamese. Materials in each of these required languages will be made available upon request. In addition, the sample ballot will contain information on how voting information in the required languages can be obtained via phone at no cost to the voter. If a candidate chooses to have a Candidate Statement in the sample ballot, the candidate will be required to pay for printing of the statement in both English and Spanish; there is a separate charge for both the translation and the printing. In order to provide a greater convenience to the voter and to achieve cost savings, the City of Lynwood is requesting consolidation with Los Angeles County. Discussion & Analysis: With approval and adoption of the items presented tonight, Election Code requirements will be satisfied. The Candidate filing period will open July 15 and close August 9, 2013. If an incumbent fails to file by August 9, the filing period will be extended to August 14, 2013 for non - incumbent candidates only. The Secretary of State's office will determine the order of names on the City's ballot on August 15, 2013. Fiscal Impact: The cost of consolidating our election with LA County in 2011 was $80,022.50. Based on this estimate, this cost has been included in the City Clerk's 2013 -14 adopted budget. Coordinated With: City Attorney Finance Department RESOLUTION NO. 2013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2013, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lynwood, California, on Tuesday, November 5, 2013, a General Municipal Election for the purpose of electing three Members of the City Council for the full term of four years. Section 2. That the ballots to be used at the election shall be in the form and content as required by law. Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles, Registrar- Recorder /County Clerk to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242 of the Elections Code, except as provided in Section 14401 of the Elections Code of the State of California. Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 3 Section 8. The City Council authorizes the City Clerk to administer said election, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED APPROVED AND ADOPTED this 4` day of June, 2013. Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk 4 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4 th day of June, 2013. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4 th day of June, 2013. Maria Quinonez, City Clerk 5 RESOLUTION NO. 2013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Lynwood called a General Municipal Election to be held on November 5, 2013, for the purpose of the election of three Members of the City Council, each to hold office for a term of four years ending in November 2017; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places, and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the General Municipal election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2013, for the purpose of the election of three Members of the City Council, each to hold office for a term of four years. Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. Section 4. That the City of Lynwood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County any costs. Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. 6 Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 4 th day of June, 2013. Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk 7 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4 th day of June, 2013. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4 th day of June, 2013. Maria Quinonez, City Clerk 8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE ` OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013 WHEREAS, section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lynwood on November 5, 2013 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate's statements into the following languages: Chinese, Japanese, Korean, Spanish, Tagalog, and Vietnamese. B. The County will mail separate sample ballots and candidates' statements in (Chinese, Japanese, Korean, Spanish, Tagalog, and Vietnamese) to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates' statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. 9 Section 3. PAYMENT. A. Translations: 1. The candidate shall not be required to pay for the cost of translating the candidates' statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and /or State law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of over payment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. MISCELLANEOUS. A. All transactions shall be provided by professionally- certified translators. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. Section 7. That all previous resolutions establishing council policy on payment for candidates' statements are repealed. 10 Section 8. That this Resolution shall apply at the next ensuing municipal election and at each municipal election after that time. Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this 4` day of June, 2013. Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of June, 2013. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4 day of June, 2013. Maria Quinonez, City Clerk 12