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HomeMy Public PortalAbout04-19-2005CCThis 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 ONce of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressinq 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 APRIL 19, 2005 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. RAMON RODRIGUEZ :~ MAYOR ,~i',, MARIA T. SANTILLAN MAYOR PRO-TEM CITY 0F LYI~Wt~_0,D.. FERNANDO PEDROZA COUNCILMEMBER LOUIS BYRD COUNCILMEMBER LETICIA VASQUEZ COUNCILMEMBER CITY MANAGER N. ENRIQUE MARTINEZ CITY ATTORNEY ARNOLDO BELTRAN CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Louis Byrd Fernando Pedroza Leticia Vasquez Maria T. Santillan Ramon Rodriguez PLEDGE OF ALLEGIANCE 5. INVOCATION PROCLAMATIONS/PRESENTATIONS · West Nile Virus and Mosquito and Vector Control Awareness Week · Denim Day · National Infant Immunization Week · County of Los Angeles Earthquake Preparedness Month · Erroll Tucker · "Atlantic Fiesta" by Hugo Armando COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY LYNWOOD INFORMATION INC. LYNWOOD PUBLIC FINANCE AUTHORITY LYNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) MINUTES OF PREVIOUS MEETINGS: Regular Meeting - March 15, 2005 Special Meeting - March 21, 2005 PUBLIC HEARING SEIZURE AND FORFEITURE OF VEHICLES USED FOR SOLICITING AND COMMITTING ACTS OF PROSTITUTION AND ACQUISITION OF CONTROLLED SUBSTANCES Comments: The purpose of this item is to introduce an ordinance for first reading that would amend the Lynwood Municipal Code to allow for the seizure and forfeiture of vehicles used for the purposes of soliciting and committing acts of prostitution and the acquisition or attempt to acquire controlled substances. Recommendation: Staff recommends that the City Council conduct the advertised public hearing and introduce for first reading by title only, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-26 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3-30 RELATING TO NUISANCE VEHICLES AND PROVIDING FOR THE SEIZURE AND FORFEITURE OF VEHICLES USED FOR THE PURPOSE OF SOLICITING PROSTITUTION, OR COMMITTING ACTS OF PROSTITUTION, OR FOR THE PURPOSE OF ACQUIRING, OR ATTEMPTING TO ACQUIRE A CONTROLLED SUBSTANCE(S)." 10. JOINT PUBLIC HEARING FOR THE DISPOSITION OF AGENCY/CITY PROPERTY 11, Comments: The purpose of this item is to have the Agency and City conduct a joint public hearing to consider the disposition of Agency owned property located at the southwest corner of Fernwood Avenue and State Street to M&D Properties for the fair market value price of $85O,O0O. Recommendation: Staff recommends that the City and Agency conduct a joint public hearing and that the City Council adopt the attached resolutions entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DISPOSITION OF AGENCY OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169- 002-901& 902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETVVEEN THE AGENCY AND M+D PROPERTIES", and "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE DISPOSITION OF AGENCY OWENED PROPERTY LOCARTED AT THE SOUTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169-002-907-902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND M&D PROPERTIES". JOINT PUBLIC HEARING FOR THE DISPOSITION OF AGENCY/CITY PROPERTY Comments: The purpose of this item is to have the Agency and City conduct a joint public hearing to consider the disposition of City owned property located at the northeast corner of Louise Street and Gertrude Drive to the Agency and subsequently to Sonia 1 at the fair market value price of $150,000. Recommendation: Staff recommends that this item be continued to the regular meeting of the City Council and Redevelopment Agency on May 19, 2005. 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. 12. APPROVAL OF THE WARRANT REGISTERS Comments: City of Lynwood warrant registers dated April 19, 2005 for FY 2004-2005. Recommendation: Staff recommends that the City Council approve the warrant registers. 13. ACCEPTANCE OF AN IRREVOCABLE EASEMENT OFFER DEDICATED FOR STREET PURPOSES AT 3545 MULFORD AVENUE 14. 15. Comments: The conditions of approval for the development of a three (3) unit apartment complex, two stories in height at 3545 Mulford Avenue (CUP Case 2003-25) includes an irrevocable dedication for a five (5) feet wide strip of property along Mulford Avenue for street purposes. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRROVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3545 MULFORD AVENUE ". ACCEPTANCE OF AN IRREVOCABLE EASEMENT OFFER DEDICATED FOR STREET PURPOSES AT 3548 MULFORD AVENUE Comments: The conditions of approval for the development of a one-story, single-family dwelling at 3548 Mulford Avenue (CUP Case 2003-30) includes an irrevocable dedication for a five (5) feet wide strip of property along Mulford Avenue for street purposes. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled," A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRROVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3548 MULFORD AVENUE ". VACATION OF ALLEY LOCATED BETWEEN THE FIRST ALLEY WEST OF ATLANTIC AVENUE AND FIRST AVENUE, SOUTH OF BREWSTER AVENUE Comments: Staff recommends that the City Council adopt a resolution declaring its intention to vacate the alley located between the first alley west of Atlantic Avenue and First Avenue, south of Brewster Avenue. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE ALLEY SOUTH OF BREWSTER AVENUE BETWEEN THE FIRST ALLEY WEST OF ATLANTIC AVENUE AND FIRST AVENUE ". 16. VACATION Of ALLEY LOCATED NORTH OF JOSEPHINE STREET BETVVEEN THIRD AVENUE AND FOURTH AVENUE 17. 18. Comments: Staff has received a petition from the effected residents to vacate the alley located north of Josephine Street between Third Avenue and Fourth Avenue. Staff has determined that said alley is not needed for traffic circulation or any future street purposes. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE ALLEY NORTH OF JOSEPHINE STREET BETVVEEN THIRD AVENUE AND FOURTH AVENUE" REQUEST FROM COMPTON COMMUNITY COLLEGE FOR ADVERTISING OFF- CAMPUS CLASSES Comments: A request has been received from Compton Community College to place two (2) Street Banners in the City of Lynwood to advertise Off-Campus Classes being offered at its Lynwood Center and Plaza Mexico. Banners would go up on April 20th and remain hanging for approximately thirty (30) days at poles located on Long Beach Blvd. and Imperial Hwy. Recommendation: Staff recommends that the City Council authorize staff to coordinate with Compton Community College in order that they may hang two (2) street banners at the locations and for the periods identified in the staff report. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2005-2006 Comments: The Landscape Maintenance Assessment District needs to be reformed annually in order to pay for the cost of providing maintenance of public parks and landscaped medians in the City. 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 CITY ENGINEER OF SAID CITY TO PREPARE A REPORT ON THE LANDSCAPING ASSESSMENT DISTRICT OF SAID CITY AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006". 19. LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FY 2005-2006 20. 21. Comments: The Lighting Maintenance Assessment District needs to be reformed annually in order to pay for the cost of providing street lighting in the City. 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 CITY ENGINEER OF SAID CITY TO PREPARE A REPORT ON THE LIGHTING ASSESSMENT DISTRICT OF SAID CITY AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006". AWARD OF A PROFESSIONAL SERVICES CONTRACT TO APA ENGINEERING, INC. Comments: Based on the Consultant's proposal, qualification and experience, staff is recommending awarding a contract to APA Engineering, Inc. to provide professional engineering design services for the Alley Improvement Project, Project No. 05-5196. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO APA ENGINEERING, INC. IN THE AMOUNT OF $33,410 FOR THE DESIGN OF ALLEY IMPROVEMENT PROJECT, PROJECT NO, 05-5296, FISCAL YEAR 2004-2005; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". AUCTION OF SURPLUS VEHICLES AND EQUIPMENT Comments: Staff has identified an inventory of surplus vehicles and equipment that may be auctioned to the public. The proceeds may be used to replace other vehicles and equipment. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING STAFF TO AUCTION SAID VEHICLES AND EQUIPMENT THROUGH A PUBLIC AUCTION". 22. OFFICE OF TRAFFIC SAFETY SEAT BELT ENFORCEMENT MINI GRANT 23. Comments: The purpose of this item is to inform the City Council of a grant received from the Office of Traffic Safety and to have the funds appropriated into the budget. The City of Lynwood received an award in the amount of $24,948. This grant was awarded after the adoption of the Fiscal Year 2003-2005 biennial budget; therefore the funds need to appropriated into both revenue and expenditure accounts. 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 APPROPRIATION OF THE OFFICE OF TRAFFIC SAFETY SEAT BELT ENFORCEMENT MINI GRANT IN THE AMOUNT OF $24,948". APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE OF CAL TRANS PROPERTY LOCATED AT 4267 FERNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Comments: The purpose of this item is for the City Council to approve a resolution authorizing the purchase of vacant Cai Trans property located at 4267 Fernwood Avenue to develop affordable housing and authorize the allocation of funds in the amount of $161,550 to complete the purchase of the property. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF CAL TRANS PROPERTY LOCATED AT 4267 FERNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING." DISCUSSION ITEMS 24. REQUEST FROM LYNWOOD CHAMBER OF COMMERCE FOR A MEMORIAL DAY CARNIVAL MAY 26-30, 2005 Comments: The Lynwood Chamber of Commerce is requesting a permit to conduct a carnival in the parking lot of the Lynwood Community Center Thursday - Monday, May 26 - 30, 2005. The purpose of the event is to help raise funds for the Chamber of Commerce Scholarship Fund. Recommendation: Staff recommends that the City Council approve this request with the following conditions: · The proponent must meet the City of Lynwood permit requirements. · The carnival must provide liability insurance in the amount of no less than $1 million listing the City of Lynwood as additional insured. · The proponent agrees to provide any requirements set forth by the Sheriff Department as well as the Fire Department. · The proponent agrees to clean-up property after the event. 25. REQUEST FOR SPECIAL PERMIT: PRO CULTURA DIA DEL NINO PARKING LOT FESTIVAL APRIL 29, 30 & MAY 1,2005 26. COMMENTS: A request has been received from Leonardo Meza of Pro Culture promotions for a special permit to conduct a small festival to celebrate children. The event will be held in the north parking lot of the Compton Fashion Center near Orchard/Bullis, which is located within the Lynwood City limits, during the period of Friday, April 29, through Sunday, May 1, 2005. RECOMMENDATION: Staff recommends that the City Council review this report and approve this request based upon the following conditions: 1. The proponent must agree to meet the City of Lynwood permit requirements including the payment of all applicable fees. 2. The proponent must agree to meet all requirements set forth by the Fire Department. 3. The proponent must agree to provide the security requirement set forth by the Sheriff Department. 4. The proponent must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code. LYNWOOD NATURE PARK Comments: At the March 15, 2005 City Council meeting staff presented a project status report with recommendations to City Council. At this meeting City Council directed staff to bring back the Lynwood Nature Park status report with additional details and information about the project. Recommendation: Staff recommends that the City Council review staff's report concerning the Lynwood Nature Park Project and provide staff with direction to proceed. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION RAMON RODRIGUEZ, MAYOR MARIA T. SANTILLAN, MAYOR PRO-TEM LOUIS BYRD, COUNClLMEMBER FERNANDO PEDROZA, COUNClLMEMBER LETICIA VASQUEZ, COUNClLMEMBER CLOSED SESSION 27. CLOSED SESSIONITEMS With respect to every item of business to be discussed in closed session pursuant to section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: City Negotiator: Negotiating Parties: Under Negotiation: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to the agenda. City Council, City Manager, City Attorney, and Kent Melton of Universal Field Services, Inc. See listing of properties and property owners in Attachment "A" to the agenda. Price and terms of payment - Seeking authority to make offer to Seller for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON MAY 3, 2005 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. APN 6189-019-060, 061 6189-019-003 6189-019-058, 059 6189-019-007, 008 6189-019-009, 010 6189-019-011 6189-019-012 6186-036-001 6186-036-029 6186-036-030 6186-036-006 6186-036-007 6186-036-008 A'I-rACHMENT "A' Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties Ci~/Council Meeting April 19, 2005 COMPlERCIAL/MIXED USE PROPERTIE,~ Owner ~ Tacos Mexicos Inc. 11800-11808 Atlantic Avenue Bhagat, Narayan & Ranjan 11812 Atlantic Avenue Christ New Testament Baptist Church of L.A. Ornelas, Raul & Isabel 11836 Atlantic Avenue Trust/Ornelas Family Omelas, Raul & Isabel Trust/Ornelas Family Patel, Navin & Champa 12012 Atlantic Avenue Nabulsi, Walid/Mohanned 12022 Atlantic Avenue Chin, David & 3ackie & 12100 Atlantic Avenue (:hen, Becky Bhagat, Vinodbhai Trust 12108 Atlantic Avenue Ghagat, Vinodgha Trust 12120 Atlantic Avenue Ballard, William Trust 12130 Atlantic Avenue 3 L Flores DDS Inc. 12134 Atlantic Avenue Ballard, William & Katherine12140 Atlantic Avenue 11820-11832Atlantic Avenue 12000-12006Atlantic Avenue A'ITACHMENT "A' Page 2 6186-001-011 6186-001-007 6186-001-004, 005,006 6186-001-002 Alfaro, Froylan & 3orge Loera, 3ohn & Mary Vasquez, Leonel Michalak, Michael 12001Atlantic Avenue 12015Atlantic Avenue 12017-12031AtlanticAvenue 12035AtlanticAvenue 6189-019-900 6189-019-056, 057* 6189-019-013 6189-019-014 6189-019-015 6189-019-016 6189-019-017 6189-019-018 6189-019-019 6189-019-020 6189-019-021 6189-019-022 6189-019-025 6189-019-027 RESIDENTIAL/VACANT PROPERT]'I:S Lynwood Redevelopment Agency Lynwood Redevelopment Agency Chalvin, Myron Z. Trustee Chavez, Lucia Casas, 3esus & Patricia Membreno, 3ulio & 3uana Contreras, Ramiro & Livier Tostado, Ernesto & Adrian Mosqueda, Rogelio & Maria Gatlin, Signe Conita Trustee Cruz, Guillermina Vasquez, Inez & Maria Cajero, Maria (Estate of) Aguiar, Gaudencio & Amarilis NEC Atlantic Avenue & 3osephine Street NWC 3osephine Street & Virginia Avenue 11801Vi~iniaAvenue 11807 Virginia Avenue 11815 Virginia Avenue 11819 Virginia Avenue 11825 Virginia Avenue 11833 Virginia Avenue 11837 Vi~iniaAvenue 11845 Virginia Avenue 11851 Virginia Avenue 11857 Virginia Avenue 11867 Virginia Avenue 11869 Virginia Avenue ATTACHMENT Page 3 6189-019-030 6189-036-028 6189-036-027 6189-036-026 6189-036-025 6189-036-024 6189-036-023 6186-001-024 Quezada, Salvador Nabulsi, Mohammed, et al Jones, Sarah Zavala, Pedro & Rebecca Alvarez, Teofilo & Noemi Cullens, Charles & .loyce Preciado, Roberto & Imelda Chavez, Ascencion & Margarita 5121 Lavinia Avenue 5124 Lavinia Avenue 12111 Virginia Avenue 12115 Virginia Avenue 12121 Virginia Avenue 12127 Virginia Avenue 12205 Virginia Avenue 12011 Atlantic Avenue APN 6189-019-060, 061 6189-019-003 6189-019-058, 059 6189-019-007, 008 6189-019-009, 010 6189-019-011 6189-019-012 6186-036-001 6186-036-029 6186-036-030 6186-036-006 6186-036-007 6186-036-008 ATTACHMENT "A" Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties City Council Meeting April 19, 2005 COMMERCTAL/f4IXI;~ USE PROPERTTF.; Owner Site A~ Tacos Mexicos Inc. 11800-11808 Atlantic Avenue Bhagat, Narayan & Ranjan 11812 Atlantic Avenue Christ New Testament Baptist Church of L.A. Ornelas, Raul & Isabel 11836 Atlantic Avenue Trust/Ornelas Family Ornelas, Raul & Isabel Trust/Ornelas Family Patel, Navin & Champa 12012 Atlantic Avenue Nabulsi, Walid/Mohanned 12022 Atlantic Avenue Chin, David & ]ackie & 12100 Atlantic Avenue Chen, Becky Bhagat, Vinodbhai Trust 12108 Atlantic Avenue Ghagat, Vinodgha Trust 12120 Atlantic Avenue Ballard, William Trust 12130 Atlantic Avenue 3 L Flores DDS Inc. 12134 Atlantic Avenue Ballard, William & Katherine12140 Atlantic Avenue 11820-11832 Atlantic Avenue 12000-12006AtlanticAvenue ATI'ACHMENT "A' Page 2 6186-001-011 6186-001-007 6186-001-004, 005, 006 6186-001-002 Alfaro, Froylan & ]orge Loera, John & Mary Vasquez, Leonel Michalak, Michael 12001Atlantic Avenue 12015AtlanticAvenue 12017-12031AtlanticAvenue 12035Atlantic Avenue 6189-019-900 6189-019-056, 057* 6189-019-013 6189-019-014 6189-019-015 6189-019-016 6189-019-017 6189-019-018 6189-019-019 6189-019-020 6189-019-021 6189-019-022 6189-019-025 6189-019-027 RESI'DENTI'AL/VACANT PROPERTI?;; Lynwood Redevelopment Agency Lynwood Redevelopment Agency Chalvin, Myron Z. Trustee Chavez, Lucia Casas, ]esus& Patricia Membreno, 3ulio & .luana Contreras, Ramiro & Livier Tostado, Ernesto & Adrian Mosqueda, Rogelio & Maria Gatlin, Signe Conita Trustee Cruz, Guillermina Vasquez, Inez & Maria Cajero, Maria (Estate o0 Aguiar, Gaudencio & Amarilis NEC Atlantic Avenue & 3osephine Street NWC Josephine Street & Virginia Avenue 11801 Virginia 11807 Virginia 11815 Virginia 11819 Virginia 11825 Virginia 11833 Virginia 11837 Virginia 11845 Virginia 11851 Virginia 11857 Virginia Avenue Avenue Avenue Avenue Avenue Avenue Avenue Avenue Avenue Avenue 11867 Virginia Avenue 11869 Virginia Avenue A'rrACHHENT "A" Page 3 6189-019-030 6189-036-028 6189-036-027 6189-036-026 6189-036-025 6189-036-024 6189-036-023 6186-001-024 Quezada, Salvador Nabulsi, Mohammed, et al .]ones, Sarah Zavala, Pedro & Rebecca Alvarez, Teofilo & Noemi Cullens, Charles & 3oyce Preciado, Roberto & Imelda Chavez, Ascencion & Margarita 5121Lavinia Avenue 5124Lavinia Avenue 12111Vi~iniaAvenue 12115 Vi~inia Avenue 12121Vi~iniaAvenue 12127 Vi~inia Avenue 12205 Vi~iniaAvenue 12011Atlantic Avenue LYNWOOD CITY COUNCIL REGULAR MEETING MARCH 15, 2005 The City Council oft,he City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:15 p.m. Mayor Rodriguez presiding. Councilman Byrd, Pedroza, Santillan, Vasquez, and Rodriguez answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6: PRESENTATIONS/PROCLAMATIONS: · Proclamations for Business License Staff Members Arturo Solorzano, David Spears, Jonathan Colin · Kenjutsuryu Karate Federation Mr. Margarito Espinoza presented each Councilmember with a framed Certificate of Appreciation for their contribution. · Cinco De Mayo Event Proposal wes given by Ruben Gil · Johnson Controls presentations wes given by Roberto Hemandez Item #7: COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY LYNWOOD INFORMATION INC. LYNWOOD PUBLIC FINANCE AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Spoke on Item 11, in support of the fireworks Ordinance to ban all fireworks. Rod White - Spoke on Item 11, in support of the Fireworks Ordinance to ban all fireworks. Sonia Gonzales - Spoke on item I 1, is against the Fireworks Ordinance to ban all fireworks. PUBLIC ORAL COMMUNICATIONS Bob Sageret - spoke against banning all Safe and Sane Fireworks. Irene Garcia - stated that the City Clerk is not following proper procedures regarding the Municipal Code Rules of Decorum for the City Council meeting that took place on March 1, 2001 and is publicly reprimanding her. Also, Mr. Landeros told her that no matter what she did about banning the fireworks that he would still get it. Zelda Hutcherson - Spoke on behalf of the Public Safety Commission they have had many citizens complaints regarding fireworks. The Safety Commission has agreed unanimously to recommend the complete abolishment of fireworks except for those that are put on by the City in the park. Roman Salazar - stated that he is esking for help from Council to use one of the fields for his team to practice on. The team hes received many invitations to tournaments around the State. Also, he wrote a letter to the district but hes not beard anything. He is esking for help. Keith Jackson - stated that he is the pestor of the Lynwood Worship Assembly God Church spoke against the banning of fireworks. George Jr.- spoke against the banning of fireworks Felix Munson - stated there is no control in the City and once in office Council helps the businesses and forgets about the families that put them there. Hamlet Tavaning - stated he represents EDO Developments and had been in the community for the pest 10 years. He owns a business at 11400 Alameda and Imperial. He hes tried several times to contact Mr. Morales. He hes shown other people from the City his project regarding the forty homes plus a retail area and they liked it. He was going to use his own money and not the three million from the City. He was never given the opportunity to present because Mr. Morales would not talk to him or even see him. He is asking the Council to look at his plans and to consider them. He wants to bid for the property and wants the City Council to recognize it. Also, stated that Steve Cooley office is investigating this and so is the U.S Attorney. Julio Gonzelez - Spoke against the banning of Fireworks. Jerry Wallace - Former Fire Chief of Lynwood spoke against the banning of Fireworks. ~GENDA ITEM Alex Landeros - Spoke against the banning of Fireworks. Paulette Bradley - Spoke in favor of banning Fireworks. Lorene Reed - Thanked Councilman Pedroza for putting the Senior Citizens Center committee together and letting the seniors have input on the project. Objects to the New City Managers salary when the Vice - Presidents of the United States doesn't make that much. John Kelly - Stated that he is Vice - President of Public Affairs for TNT Fireworks and is against the banning of the Fireworks. Pearline Calderon - Thanked Councilman Pedroza for the Senior Center. PUBLIC HEARING Item #8: MINUTES OF PREVIOUS MEETINGS It was moved by Councilman Byrd, seconded by Councilman Pedroza to approve the following Minutes. January 25, 2005 - Special Meeting February 1, 2005 - Regular Meeting February 5, 2005 - Special Meeting February 15, 2005 - Regular Meeting ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NONE PUBLIC HEARING Item #9: ZONING ORDINANCE AMENDMENTS NO. 2004-02 UPDATE LYNWOOD MUNICIPAL CODE, CHAPTER 25-7 ADOPT A NEGATIVE DECLARATION. Staff recommends that the City Council direct staffto re-advertise the public hearing for a future date once further modifications have been made to the proposed ordinance. It was moved by general consent Item #10: MUNICIPAL CODE AMENDMENT NO. 2005-02 ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS It was moved by Councilman Byrd seconded by Mayor Pro-Tem Santillan to open the Public Hearing. Frank Calderon - Spoke against the Public Hearing because many of the residents do not know about this. Rod White - Spoke against the Public Hearing and wants a town Hall Meeting regarding this issue where all the residents can voice their opinions. Mary Davis - stated that she is getting parking tickets for parking in front of her house. When she comes to City Hall to talk to someone about the parking tickets they are met with rudeness or they are ignored. Would like Council to help her with matter. Berry Thomson - Spoke in favor of the parking permits and would help the Council in any way possible in getting this started. Pearline Calderon - Spoke against the Public Hearing and feels that this item should be held in a town meeting setting. It was moved by Councilman Pedroza, seconded by Mayor Pro -Tem Santillan to close the Public Hearing. Councilman Pedroza stated that he feels there should be a Town Hall Meeting, and is asking the Council to consider it. Councilman Byrd stated that he has seen two Ordinances in the past 10 years and neither of them indicated anything about a volunteer Ordinance. In his opinion he feels the volunteer Ordinance will not work. He supports the idea of a Town Hall Meeting. Councilwoman Vasquez stated that the homes around Lynwood Middle School do not have driveways and the teachers take up all the parking. The residents cannot park in front in their homes. Feels that the parking permits are a positive solution. Director of Development Services Grant Taylor stated that Parking Control Manager Whitaker has a brief power point presentation Parking Control Manager Whitaker gave a brief presentation on parking control and explained the parking permit process and the revenue it will generate for the City. It was moved by Councilwoman Vasquez, seconded by Mayor Pro-Tem Santillan to approve the First Reading of an Ordinance and have a public hearing and individualize districts regarding parking permits so Council can make special exceptions to each neighborhood depending on the need. First reading by title only. ORDINANCE ENTITLED: "A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 7-26 TO CHAPTER 7 OF THE LYN~VOOD MUNICIPAL CODE RELATING TO ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NONE Item #11: PROPOSED ORDINANCE BANNING THE POSESSION, SALE, USE AND DISCHARGE OF SAFE AND SANE FIREWORKS IN THE CITY OF LYNWOOD Capt. Hampton stated that the L.A. County Fire Departments position is the same as last year and that is they do not support fireworks of any type. It was moved by Councilwoman Vasquez seconded by Mayor Pro-Tem Santillan to approve the continuous sale of the Safe and Sane Fireworks with the banning of Whistling Willies and Piccolo Petes with a sure charge of 2%. ORDINANCE NO. ENTITLED: "AN ODINANCE OF THE CITY COUNCIL OF THE CITY OF LYN'vVOOD REPEALING SECTION 12-2 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 12-2 FOR THE PURPOSE OF BANNING POSSESSION, SALE, USE AND DISCHARGE OF FIREWORKDS IN THE CITY OF LYNV~OOD EXCEPT UNDER LIMITED CIRCUMSTANCES INVOLVING SAFE AND SANE FIREWORKS" ROLL CALL: AYES: COUNCILMEN BYRD, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: COUNCILMEN PEDROZA ABSTAIN: NONE ABSENT: NONE Mayor Rodriguez called for a 5 minute recess at 9:50 p.m. Council reconvened at 10:05 p.m. CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one Motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. It was moved by Councilman Byrd, seconded by Mayor Pro-Tem Santillan to receive and file and adopt the following Resolution and Ordinance. Item #12: APPROVAL OF THE WARRANT REGISTERS RESOLUTION NO. 2005.035 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #13: ACCEPTANCE OF THE SCHOOL CROSSWALK IMPROVEMENT IN-PAVEMENT FLASHING LIGHTS INSTALLATION PROJECT NO. 5-5275, AS COMPLETE RESOLUTION NO. 2005.036 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SCHOOL CROSSWALKS IMPROVEMENT IN-PAVEMENT FLASHING LIGHTS INSTALLATION, PROJECT NO. 5-5275, FY 2003-2004, AS BEING COMPLETE." Item #15: PROPOSED REDUCTION ELIMINATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESOLUTION NO. 2005. 037 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND URGING CONGRESS TO RESTORE ITS FUNDING. Item #16: ACCEPTANCE OF WALNUT AVENUE STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5299. ALL CONSTRUCTION WORK ON THE PROJECT HAD BEEN COMPLETED. THE PROJECT IS READY FOR ACCEPTANCE. RESOLUTION NO. 2005.0.58 ENTITLED: "A RESOLUTION OF THE LYN~VOOD CITY COUNCIL ACCEPTING THE WALNUT AVE. STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5249, 05-5299, AS BEING COMPLETE." Item #17: ACCEPTANCE OF CARLIN AVE. STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5254, AS COMPLETE RESOLUTION NO. 2005.0.59 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CARLIN AVE, STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5254, AS BEING COMPLETE." item #18: ACCEPTANCE OF LYNWOOD ROAD STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5283, AS COMPLETE RESOLUTION NO. 2005. 040 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LY'~VNOOD ACCEPTING THE LYNWOOD RD. STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5283, AS BEING COMPLETE" Item #19: CONTRACT AWARD LYNWOOD SENIOR CITIZEN CENTER PROJECT NUMBER 05-5297 RESOLUTION NO. 2005.034 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF LYNWOOD AWARDING A CONTRACT TO WANG MILESTONE CONSTRUCTION INC., 1N THE AMOUNT OF $2,17.5,000.00 FOR THE LYNWOOD SENIOR CITIZEN CENTER, IMPROVEMENT PROJECT, PROJECT NUMBER 05-5297, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." Item #20: CERI IPICAT1ON AND REVIEW OF UTILITY USER'S TAX EXEMPTIONS RESOLUTION NO. 2005. 041ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYWNOOD APPROVING THE CERTIFIED LIST OF UTILITY USER'S TAX EXEMPTION FOR PERIOD JANUARY 1, 2004 THOUGH DECEMBER 31, 2004" ROLL CALL: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ UTILITY USER'S TAX AUDIT REPORT The purpose of this item is to provide the City Council with a summary of the total revenue received from the various utility companies for the Utility User's Tax imposed on Utility services. The summary report is for calendar year ending December 31, 2004. Staff recommends that the City Council receive and file the Utility User's Tax Audit report. Item #22: INSTALLATION OF A NEW ROOF CITY CORPORATE YARD RESOLUTION NO. 2005. 042 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BlD PROCESS FOR THE INSTALLATION OF A NEW ROOF AT THE C1TY CORPORATE YARD AND AUTHORIZES THE USE OF BUILDING MAINTENANCE FUND FOR THE CONSTRUCTION OF THIS PROJECT" Item #23: CITY OF LYNWOOD BEAUTIFICATION PROGRAM RESOLUTION NO. 2005. 043 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN~VOOD CONTINUING THE "CITY OF LYN~VOOD BEAUTIFICATION PROGRAM" AND AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO APPROPRIATE AND TRANSFER NECESSARY FUNDS FOR THE PROGRAM" Item #25: ZONING ORDINANCE AMENDMENT NO. 2004-02 UPDATE LYNWOOD MUNICIPAL CODE, CHAPTER 25, ZONING CODE. ORDINANCE NO. 1563 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING AN AMENDED ZONING CODE, CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY, AND APPROVING THE ACCOMPANYING INITIAL STUDY AND NEGATIVE DECLARATION". Item #28: POTENTIAL CHANGES TO SOCIAL SECURITY SYSTEM RESOLUTION NO. 2005. 044 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OPPOSING THE PR1VATIZATION OF THE SOCIAL SECURITY SYSTEM ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NONE Item 014: APPROVAL OF THE WARRANT REGISTERS Mayor Pro - Tern Santillan questioned why some of the commissioners checks are in the amount of $100.00 dollars and they are the CDBG and the Traffic and Parking commission. Deputy Director of Finance Christy Valencia stated that the commissioners are being paid for two meetings and not one~ RESOLUTION NO. 2005. 046 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NONE NONE Item #24: DEDICATION OF BATEMAN HALL PATIO: Mayor Pro -Tem Santillan questioned if the City has done any other dedications for employees in the past or in the history of Lynwood? Director of Recreation & Community Services Jim Given responded in memory of Jim Cole they have a plaque and a picture of him in the lobby of the pool area. Suggests doing the same for Elizabeth Dixon to have a plaque for her in the patio area. Councilwoman Vasquez stated that she asked for this to be put on the agenda because Ms. Dixon has made significant contributions to the City of Lynwood and she is well deserving of this honor. Mayor Pro -Tem Santillan stated she agrees but there are a lot of other employees that have put in many, many years and have gone that extra mile and we should keep that option open for them as well. It was moved by Mayor Pro- Tem Santillan. seconded by Councilman Byrd to approve a bronze plaque in honor of Ms. Elizabeth Dixon for the Patio Area of Bateman Hall. ROLL CALL: AYES: NOES: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #26: PROJECT APPROVAL FUNDS APPROPRIATION FOR THE REPENS FICUS (CREEPING FIG) PLANTING PILOT PROGRAM. Councilwoman Vasquez questioned the original budget for this project. Director of Environmental Services/City Engineer Yadollah Farhadi responded that it was a one time project and the amount that was allocated for it was $50,000.00 dollars. Councilwoman Vasquez stated that she received a complaint from a resident stating that the plant never grew. She wants to make sure that if the City is going to spend $30,000.00 dollars on plants that they are going to grow and if that means that the City is going to have to pay more then they will have to pay more for a better type of plant that is going to grow. It was moved by Councilwoman Vasquez, seconded by Councilmen Pedroza to approve The appropriation of funds for the Repens Ficus (Creeping Fig) planting pilot program. RESOLUTION NO. 2005.047 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOD APPROVING THE REPENS FICUS (CREEPING FIG) PLANTING PILOT PROGRAM AND AUTHORIZING THE USE OF THE FUNDS FROM THE LANDSCAPE MAINTENANCE DISTRICT FOR THE PURCHASE OF NEEDED MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE REPENS FICUS (CREEPING FIG) PLANTING PILOT PROGRAM" ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NONE Item #27: UNIVERSAL MASS MEDIA CENTER, INC. SETTLEMENT Councilwoman Vasquez asked the City Attorney if the recommendation being made is the best option that the City can exercise at this time on this particular case? City Attorney Beltxan stated that this agreement is much more productive and would have a beneficial result for the residents of this City and that the documents that are crafted provide for the dismissal oftbe claim that was made and to pay no more than what would have been paid originally. UMM will have an obligation to deliver 1,000 copies of each of the two publications plus a camera-ready disk so iftbe City desires to print more the City can do so. It was moved by Councilwoman Vasquez seconded by Councilman Pedroza to approve the following resolution RESOLUTION NO. 2005.048 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SETTLEMENT AND DISPOSITION OF CLAIMS BY UNIVERSAL MASS MEDIA CENTER, INC. AND FUTHRER AUTHORIZING THE EXECUTION OF A CONSULTING AGREEMENT AS PART OF THE SETTLEMENT" ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT:NONE COUNCILMENBYRD, PEDROZA, SAN~LLAN, VASQUEZ, ANDRODRIGUEZ NONE Item #29: CITY MANAGER EMPLOYMENT SERVICES AGREEMENT Councilwoman Vasquez stated that she knew that there is a committee established to review this agreement and is wondering if this is the committee's recommendation. City Attorney Beltran stated that he was not privy to the discussion that took place in Closed Session regarding the terms and conditions. However it was conveyed to him by staffmember Gall Black and also the Executive Recruiter and in addition to that, he sat down with the Mayor and confirmed a number of the components of the agreement. Councilwoman Vasquez stated that she thinks that this agreement is way to excessive given the City budget constraints and the issue that the City has and feels it is not the best way to go. She does welcome the new City Manager and was impressed with the answers he gave her when she was questioning him. It was moved by Councilwoman Vasquez seconded by Mayor Pro -Tem Santillan to adopt the following resolution. RESOLUTION NO. 2005. 049 ENTITLED: "A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF LYN~VOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF A CITY MANAGER" ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: COUNCILWOMAN VASQUEZ ABSTAIN: NONE ABSENT: NONE DISCUSION ITMES Item #30: LYNWOOD NATURE PARK Interim City Manager Wang introduced the item and asked Director of Environmental Services/City Engineer Fathadi to explain further. Director of Environmental Services/City Engineer Farhadi responded that staff provided two options for the Council to consider and would like direction from Council on how to proceed. Councilwoman Vasquez stated that there organizations out there that will incur some of the cost. Mayor Rodriguez stated that he would need more information and does not feel comfortable on making a decision without all the information. Councilman Pedroza stated that he is in agreement with Mayor Rodriguez and feels that they needs to know what the City of South Gate intends to do. It was moved by Mayor Rodriguez seconded by Councilman Pedroza to continue this item on Lynwood Nature Park. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCILWOMAN VASQUEZ Item #31: REQUEST FOR SPECIAL PERMIT: ROYAL - "T" TRACK CLUB FUNDRA1SER It was moved by Mayor Pro-Tern Santillan, seconded by Councilman Pedroza to approve the request based upon the following conditions. 1. The proponent must agree to meet the City of Lynwood permit requirements. 2. The proponent must agree to meet al requirements set forth by the Fire Department. 3. The proponent must agree to meet all requirements set forth by the sheriffDepartmcnt 4. The proponent must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code. It was moved by Councilman Pedroza seconded by Mayor Pro -Tem Santillan to approve thc request for special permit with conditions and wave the fees. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NONE Item #32: LYNWOOD NESLE 1 l/aR- CONTRACT FOR PRODUCTION, PUBLICATION AND DISTRIBUTION It was moved by Mayor Pro-Tcm Santillan, seconded by Councilman Pcdmza to approve the Contract only and to hold offon the publication details and layout until next weeks Special Meeting. RESOLUTION NO. 2005.045 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE C1TY LYNWOOD AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND GUERRA PROFESSIONAL SERVICES FOR THE PREPARATION, PUBLICATION AND DISTRIBUTION OF A CITY PUBLICATION' ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION Item #3: CLOSED SESSION ITEMS A. With respect to every item of basiness to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Title: City Manager B. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LEGAL COUNSEL Agency Negotiator: Gail L. Black Employee Organization: Lynwood Employees' Association Lynwood Management Bargaining Group C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: Kathryn Jones v. City of Lynwood LASC Case No. TC017881 D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: ONE (1) CASE It was moved by Councilmen Pedroza seconded by Mayor Rodriguez to recess to Closed Session at 11:30 p.m. Council reconvened at 12:55 a.m. City Attorney Beltran stated that Council met on the aforementioned matters and stated on: Item #3: CLOSED SESSION ITEMS A. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Title: City Manager This matter was not taken up in Closed Session B. CONFERENCE WITH LEGAL COUNSEL Agency Negotiant: Gail L. Black Employee Organization: Lynwood Employees' Association Lynwood Management Bargaining Group A report was given by Agency Negotiator, Council did provide further instruction regarding this matter. The instructions where given to the Labor Negotiator on a divided vote with Councilman Byrd and Councilwoman Vasquez with the no vote. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: Kath~n Jones v. City of Lynwood LASC Case No. TC017881 Council was provided with a status report following mediation that was provided last week. After discussion Council reached a consensuses with Councilman Byrd with no vote. With a 4 to 1 vote Council approved the settlement provisions for this matter. D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: ONE (1) CASE On this matter without objections Council concurred with recommendation regarding this matter. Further instruction was provided to the City Attorney ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, seconded by Councilman Byrd and carried to adjourn the Regular Council Meeting at 1:00 a.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk LYN~VOOD CITY COUNCIL SPECIAL MEETING MARCH 21, 2005 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 4:40 p.m. Mayor Rodriguez presiding. Councilmen Byrd, Pedroza, Santillan, Vasquez, and Rodriguez answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran. City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PRESENTATION Item #5: Javier Barajas Villanueva -Artist Interim City Manager Wang introduce Javier Barajas to Council. Javiar Barajas Villanueva made a presentation on his artwork and his artistic history also his many accomplishments and awards for his artwork. Mayor Pro-tem Santillan stated that if he does do a mural for the City of Lynwood she would like for him to include historical African- Americans leaders as will as Hispanic leaders. Councilwoman Vasquez stated that the wall behind the Youth Center would be an ideal location for the mural so the kids can see it and also the City will not have problems with graffiti. Mayor Rodriguez directed Interim City Manager Wang to work with Councilman Pedroza and Mayor Pro- Tem Santillan to work out the details with the artist Javier Barajas Villanueva PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Frank Calderon - spoke on Item 8 an urgency ordinance Banning Safe and Sane Fireworks, which emit high-pitched screaming sounds. Stated that he would like and hoped that the City Council would ban all fireworks regardless if the are Safe and Sane. Pearline Calderon - spoke on Item 6 Proposed Cinco Dc Mayo Parade stated that this Council is only concerned with the Latin population, and that there is in balance from this Council regarding the African-Americans in this Community. Also that Kaunsa, Juneteenth, should receive equal funding for celebrations. As for the Artist he can not paint the African-American because a Hispanic can not see the through the eyes of a black person therefore the City should hire a black artist. Irene Garcia - Spoke against Item 6, Proposed Cinco De Mayo Parade. Spoke against item 7 discussion of the City Newsletter. Spoke on item 8 urgency ordinances banning Safe and Sane Fireworks, which emit high- pitched screaming sounds. Stated that they need to ban all Fireworks. PUBLIC ORAL COMMUNICATIONS NONE DISCUSSION ITEMS Item #6: PROPOSED CINCO DE MAYO PARADE Interim City Manager Wang stated that the City did not budget for this event. The reason it is on the Agenda is to show Council the different types of cost for each type of Parade within the parade route. Councilman Pedroza stated that the merchants of the Puebla Association are going to pay for everything and the City of Lynwood is not spending any money what so ever. All they are asking from City Council is a yes or no answer to have the parade here in the City. It was moved by Councilman Pedroza seconded by Mayor Rodriguez to approve this event in concept and authorize staff to meet with the proposed program proponent to determine the feasibility of having this event hosted in the City of Lynwood. ROLL CALL: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ Item #7: DISCUSSION OF CITY NEWSLETTER Interim City Manager Wang stated that Council voted for this agreement. However Council did not decide what type of paper the City wants to use and the layout. It was moved by Councilman Pedroza, seconded by Mayor Rodriguez to approve the twelve pages full color, glossy newsprint and the title of the paper would remain "Lynwood "n" Perspective". The paper will be reviewed in three months. ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: COUNCILWOMAN VASQUEZ ABSTAIN: COUNCILMAN BYRD ABSENT: NONE Item #8: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PURSUANT TO GOVERNMENT CODE SECTION 36937 AMENDING CERTAIN SUBSECTIONSOF SECTION 12-2 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND DISCHARGE 1N THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS City Attorney Beltran stated that Council can modify the ordinance, but because OF the way the products are packaged staff put together an ordinance to limit the use of the discharge to make that the violation of the ordinance and if council is satisfied with it then the ordinance stands they way it is. If Council wishes to amend any part of the ordinance, Council needs to advise staff. Mayor Pro- Tem Santillan questioned what is going to happen with the pre-packaged fireworks that have the high - pitched fireworks already in the box. How is the City going to enforce it. City Attorney Beltran responded if Council adopts the ordinance, the City can request that they can post the notice that it is illegal to use or discharge these products in the City of Lynwood. The way you enforce it is the way the City has always enforced the non Safe and Sane fireworks. It was moved by Mayor Pro -Tem Santillan, seconded by Councilman Pedroza to approve the option number two the non-urgency ordinance with the 2% additional fee, adopt the attached resolution that enacts the new fee. ORDINANCE ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN SUBSECTIONS OF SECTION 12-2 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH-PITCHED SCREAMING SOUNDS" ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMENPEDROZA, SANTILLAN, VASQUEZANDRODRIGUEZ COUNCILMAN BYRD NONE It was moved by Mayor Pro-Tern Santillan seconded by Councilmen Pedroza to approve option number three a resolution entitled RESOLUTION NO. 2005.050 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNSVOOD FEE SCHEDULE TO INCREASE THE AMOUNT OF THE CLEANUP FEE FOR THE SELLING OF SAFE AND SANE FIREWORKS IN THE CITY AND SETTING ADDITIONAL FINANCIAL REPORTING REQUIREMENTS FOR SAFE AND SANE FIREWORKS PERM1TTEES" ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: COUNCILMAN BYRD ABSENT: NONE CLOSED SESSION City Attomcy Beltran stated, with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54956.9: Item #9: CONFERENCE WITH REAL PROPERTY NEGOTIATIORS I. CONFERENCE WITH REAL PROPERTY NEGOTIATIORS Parperties: City Negotiating: Negotiating: Ham Park Replacement Project City Manager, City Attorney County of Los Angeles Under Negotiation: Terms and Conditions It was moved by Councilman Byrd seconded by Councilman Pedroza to recess to Closed Session at 6:10 p.m. Council recouvened at 7:45 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and stated on: Item #9: CONFERENCE WITH REAL PROPERTY NEGOT1ATIORS 1. CONFERENCE WITH REAL PROPERTY NEGOTIATIORS Parperties: Ham Park Replacement Project City Negotiating: City Manager, City Attorney Negotiating: County of Los Angeles Under Negotiation: Terms and Conditions A staff report was presented, after discussion Council reached consensus on a 5 - 0 bases and provided further instruction to the negotiator handling this project. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro-Tem Santillan, seconded by Councilman Pedroza and carried to adjourn the Special Council Meeting at 7:50 p.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk Date: April 19, 2005 To: From: By: Subject: HONORABLE MAYOR AND MEMBER,~ J;~c THE LYNWOOD CITY COUNCIL N. Enrique Martinez, City Manager//./, '~ Autra C. Adams, Special Assistant/Intergovernmental Relations Seizure and Forfeiture of Vehicles Used for Soliciting and Committing Acts of Prostitution and Acquisition of Controlled Substances PURPOSE: The purpose of this item is to introduce an ordinance for first reading that would amend the Lynwood Municipal Code to allow for the seizure and forfeiture of vehicles used for the purposes of soliciting and committing acts of 3rostitution and the acquisition or attempt to acquire controlled substances. BACKGROUND: Cities throughout the State of California have ~mplemented civil penalty ordinances permitting vehicles to be impounded for some period of days and potentially forfeited in the event the vehicle was used in the commission of a specified crime. In an effort to reduce crime rates and improve the quality of life for its residents, several cities, including Los Angeles, Oakland, El Monte, Bellflower, Santa Ana and Lancaster have adopted an ordinance providing for forfeiture of vehicles used for soliciting prostitution and/or controlled substances. The City has received numerous complaints concerning the nuisance created by the use of motor vehicles in the solicitation and commission of prostitution and acquisition or attempted acquisition of controlled substances. The persistence of crimes involving prostitution consume a high amount of time by the Sheriff's Department. These acts contribute to overall blight as they cause a substantial physical, social, and economic burden on the community. The increased traffic through residential neighborhoods and commercial areas as a result of such criminal conduct poses a safety hazard and causes a reduction in property values. This safety hazard and blighting effect of the use of motor vehicles for criminal conduct is a nuisance for all citizens throughout the community. ANALYSIS: Information received from other cities indicates that vehicle seizure ordinances have provided both a deterrence effect and a useful means of directly and immediately abating the nuisance. There are instances where similar ordinances by other cities have been subject to legal challenges. However, the case of Horton v. City of Oakland, 82 Cal. App. 4th 580, specifically held that cities may enact a vehicle seizure ordinance and this is valid case law. Last year the Council approved a similar ordinance dealing strictly with prostitution. After meeting with the Sheriff's Department and Compton Court some minor modifications to the ordinance were recommended prior to implementation. Additionally, the Sheriff's Department recommended including in the ordinance the forfeiture of vehicles when engaged in the possession or acquisition of controlled substances as an additional tool to meet the public sa1 challenges and complaints facing the city. ;t~GENDA ITEM SUMMARY OF ORDINANCE: The proposed Ordinance declares that vehicles used for the purpose of soliciting or committing an act of prostitution or the attempted/actual acquisition of a controlled substance are a nuisance. A vehicle may be seized upon issuance of a court order or without a court order if it is seized as an incident to an arrest or lawful search or if the Sheriff's deputy has probable cause to believe the vehicle was used in violation of the Ordinance. The Ordinance requires notice to the legal owner within two days of the seizure. The legal owner may file with the Superior Court within ten (10) days of the notice of forfeiture a claim opposing forfeiture. Upon proof that the vehicle was used as set forth in the Ordinance, the Court must order the vehicle forfeiture to the City. If no claims are filed, the vehicle shall be forfeited to the City upon the issuance of a written declaration of forfeiture by the City Attorney. Proceeds from vehicles seized under this statute will be divided as follows: In all cases where vehicles are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated: (a) To pay costs associated with the towing, storage, and release of any vehicle seized under this section, (b) To pay costs associated with the sale of the vehicle, and (c) To the lien holder of the vehicle, if any, up to the amount of his, her, or its interest in the vehicle. The remaining funds shall be distributed: (a) To the City for all expenditures other than personnel costs, made or incurred by the City in connection with the enforcement of this section, including but not limited to, costs for equipment, storage fees, impound fees, investigation and supplies related to enforcement of this section; (b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section; (c) 25 % To the City of Lynwood's after-school educational programs, and (d) The remainder to the general fund of the City of Lynwood. The funds distributed to the City pursuant to this Section shall not supplant any funds that would, in the absence of this subsection, be made available to support the law enforcement and prosecutorial efforts of these agencies. RECOMMENDATION: Staff recommends that the City Council conduct the advertised public hearing and introduce for first reading by title only, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-26 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3-30 RELATING TO NUISANCE VEHICLES AND PROVIDING FOR THE SEIZURE AND FORFEITURE OF VEHICLES USED FOR THE PURPOSE OF SOLICITING PROSTITUTION, OR COMMITTING ACTS OF PROSTITUTION, OR FOR THE PURPOSE OF ACQUIRING, OR ATTEMPTING TO ACQUIRE A CONTROLLED SUBSTANCE(S)." Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 3-26 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3-30 RELATING TO NUISANCE VEHICLES AND PROVIDING FOR THE SEIZURE AND FORFEITURE OF VEHICLES USED FOR THE PURPOSE OF SOLICITING PROSTITUTION, OR COMMITTING ACTS OF PROSTITUTION, OR FOR THE PURPOSE OF ACQUIRING, OR ATTEMPTING TO ACQUIRE A CONTROLLED SUBSTANCE(S) WHEREAS, the residents of the City of Lynwood live with the nuisance created in their neighborhoods by vehicles that are brought into their communities for the purposes of soliciting prostitution or committing acts of prostitution, acquiring, or attempting to acquire a Controlled Substance(s), and they have brought this matter to the attention of their local elected officials; WHEREAS, persons who use vehicles to solicit prostitution, commit acts of prostitution, acquire a Controlled Substance(s), or attempt to acquire a Controlled Substance(s), contribute to blight, increased crime in the City of Lynwood, and the general decay of neighborhoods in our City; WHEREAS, the seizure and forfeiture of vehicles that are used in soliciting prostitution, committing acts of prostitution, or acquiring, or attempting to acquire a Controlled Substance(s), will serve to abate the nuisance caused by these activities in that the person driving or controlling these vehicles will be deterred from using vehicles to facilitate their crimes; WHEREAS, California Government Code Section 38771 permits the legislative body of a city to declare what constitutes a nuisance; and WHEREAS, on July 24, 2000, the California Court of Appeal, First Appellate District, Division Three, decided the case ofHorton v. City of Oakland, 82 Cal. App. 4th 580, specifically held that cities may enact a vehicle seizure ordinance where they do not conflict with or are preempted by state law in the same area; WHEREAS, declaring as nuisances the vehicle of persons who solicit prostitution, commit acts of prostitution, acquire a Controlled Substance(s), or attempt to acquire a Controlled Substance(s), will deter these individuals from using their vehicles to create nuisance conditions if their vehicles are subject to seizure and forfeiture. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 3-26 of the Lynwood Municipal Code is hereby repealed in its entirety. SECTION 2. That a new Section 3-30 titled NUISANCE VEHICLES -is added to Chapter 3 of the Lynwood Municipal Code to read as follows: 3-30.1 Definitions. As used in this Section: "Abate" and "abatement" mean an action to seize, impound, forfeit, or otherwise remedy a nuisance related to activity or condition by such means and in such manner as is necessary to protect the health, safety, or general welfare of the public. "Business day" means a day that Lynwood City Hall is open to conduct public business. "City" shall mean the City of Lynwood. "City Attorney" shall include any authorized Deputy City Attorneys. "Community Property" shall mean an interest in property as defined in California Family Code Section 760. "Controlled Substance" or "Controlled Substances" shall mean any drug, substance or immediate precursor as defined in California Health and Safety Code Section 11007 or a controlled substance analog as defined in California Health and Safety Code Section 11401. "Department" shall mean the Los Angeles County Sheriff's Department, or the person or agency designated by the City of Lynwood to provide law enforcement to the City of Lynwood at that time. "Driver" means any person who drives or is in physical control of a Vehicle. "Prostitution" is defined in California Penal Code Section 647(b). "Solicit" or "soliciting acts of prostitution" shall mean the solicitation of prostitution as defined in California Penal Code Section 647(b). "Vehicle" means any Vehicle as defined by California Vehicle Code Section 670. 3-30.2 Abatement of Nuisance Vehicles by Seizure and Forfeiture The following acts involving prostitution shall be declared a nuisance resulting in seizure and forfeiture of Vehicles so used in violation of this section: 1. 2. 3. 4. Vehicles used to solicit prostitution; Vehicles used to agree to engage in an act of prostitution; Vehicles used to engage in an act of prostitution; Vehicles used to cause, induce, persuade or encourage another person to engage in conduct prohibited by the California Penal Code as acts of prostitution, or solicitation of prostitution. The following acts involving Controlled Substance(s) shall be declared a nuisance resulting in seizure and forfeiture of Vehicles so used in violation of this section: 1. Vehicles used to attempt to acquire a Controlled Substance(s); 2. Vehicles used to acquire a Controlled Substance(s); Vehicles used to cause, induce, persuade or encourage another person to engage in conduct prohibited by acquiring a Controlled Substance(s) or attempting to acquire a Controlled Substance(s). Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance. 3-30.3 Title to Vest in the City. All fight, title and interest in any Vehicle described in Subsection 3-30.2 above shall vest in the City upon commission of the act giving rise to the nuisance under this section. 3-30.4 Seizure of Vehicle. A peace officer may seize a Vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the Vehicle. Seizure without court order may be made in any of the following circumstances: 1. The seizure is incident to an arrest or search under a search warrant; There is probable cause to believe the Vehicle was used, or was intended to be used, in violation of this section. A peace officer seizing a Vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the Vehicle was seized. There shall be a presumption affecting the burden of proof that the person to whom a receipt was issued is the registered owner of the Vehicle. This presumption may be rebutted at the time of the forfeiture hearing as specified in Subsection 3-30.6. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a Vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the Vehicle or notification of the forfeiture proceedings, it shall within two business days of the Vehicle's seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state of any appropriate federal agency. The public agency seizing the Vehicle shall provide any potential claimants discovered as a result of the investigation set out in Subsection 3-30.4.c with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request. The public agency may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the seizure of the Vehicle. Failure of either the registered legal owner, or his or her agent, to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement. 1. The notice shall include the following: (a) the name, address and telephone number of the agency providing the notice; (b) the authority and reason for the seizure; (c) a statement that in order to receive their post-seizure hearing, the owners, or their agents, shall request the heating in person, in writing, or by telephone within ten calendar days of the date of the notice; and 3-30.5 eo (d) the time in which a claim of interest in the Vehicle seized or subject to forfeiture is required to be filed pursuant to Subsection 3-30.6. A Vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the City Attomey. Forfeiture and Notice of Intended Forfeiture of Vehicle. The City Attomey may, pursuant to this section, order the forfeiture of Vehicles seized under this section. If the City Attomey determines that the factual circumstances warrant forfeiture of the Vehicle described in Subsection 3-30.2, the City Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized Vehicle. The notice shall be served as soon as practicable, but in any event no later than 30 calendar days following the date the Vehicle was seized. c. The notice of intended forfeiture shall be served as follows: The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized Vehicle as determined pursuant to Subsection 3-30.4.c. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods: (a) By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; (b) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail. 3-30.6 If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. d. A notice of intended forfeiture shall include: A description of the Vehicle; The date and place of seizure; The violation of law alleged with respect to forfeiture of the property; The instructions for filing and serving a claim with the court pursuant to Subsection 3-30.6 and the time limits for filing a claim. Claim Opposing Forfeiture And Court Proceedings A person claiming an interest in the Vehicle seized pursuant to Subsection 3- 30.2 must within ten (10) calendar days from the date of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the Vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the Vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten (10) calendar days of the filing of the claim. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date that claim is filed with the court. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceeding under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceeding under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury. With respect to Vehicles described in Subsection 3-30.2 for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the Vehicle was used as set forth in Subsection 3-30.2. Upon proof that the Vehicle was used for any of the purposes set forth in Subsection 3-30.2, the court shall declare the Vehicle a nuisance and order 3-26.7 that the Vehicle be forfeited sold, and the proceeds distributed as set forth in Subsection 3-30.8. If no claims are timely filed, the City Attomey shall prepare a written declaration of forfeiture of the Vehicle to the City and dispose of the Vehicle in accordance with this section. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited Vehicle. The proceeds from the disposal of the Vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection 3-30.8. The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. If the last day of file a Claim Opposing Forfeiture falls on a day that the City is closed, then the Claim Opposing Forfeiture must be filed no later than the close of business on the next Business Day. With respect to Vehicles for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the Vehicle was used in violation of this Section. Alternative Settlement Procedures a. Any person, or his or her servant, agent, or employee who owns, leases, conducts, uses or maintains any Vehicle for the purpose of engaging in conduct prohibited by the California Penal Code as acts of prostitution, soliciting of prostitution, acquiring a Controlled Substance(s), or attempting to acquire a Controlled Substance(s), and whose Vehicle has been seized in accordance with this section may execute a voluntary settlement agreement with the City for the return of the Vehicle. Any request to engage in a voluntary settlement agreement must be made in writing and must be served upon the City Attorney in accordance with California Civil Procedure Section 1013. The settlement amount incorporated in the settlement should be sufficient to cover all of the City's reasonable administrative costs for the seizure and forfeiture of the Vehicle. The actual amount shall be at the sole and absolute discretion of the City Attorney. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the forms of a money order or a cashier's check. The person executing the settlement agreement shall also be responsible for the payment of tow, storage, and release charges incurred as a result of the seizure of the Vehicle. 3-30.8 Disposal of Vehicle and Distribution of Proceeds In all cases where Vehicles seized pursuant to this section are forfeited to the City, the Vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the Vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows: To pay costs associated with the towing, storage, and release of any Vehicle seized under this section. 2. To pay costs associated with the sale of the Vehicle. To the lien holder of the Vehicle, if any, up to the amount of his, her, or its interest in the Vehicle. b. The remaining funds shall be distributed as follows: To the City for all expenditures other than personnel costs, made or incurred by the City in connection with the enforcement of this section, including but not limited to, costs for equipment, storage fees, impound fees, investigation and supplies related to enforcement of this section. To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section. 25% of any proceeds to the City of Lynwood's after-school educational programs. 4. The remainder to the general fund of the City of Lynwood. The funds distributed to the City pursuant to this Section shall not supplant any funds that would, in the absence of this subsection, be made available to support the law enforcement and prosecutorial efforts of these agencies. 3-30.9 Vehicles Not Subject to Forfeiture Notwithstanding the provisions of this section, and provided that the Vehicle is not subject to any other holds, the City Attorney or Department shall return a seized Vehicle upon the filing of a timely claim, pursuant to Subsection 3-30.6, upon payment of all towing, storage, vehicle release fees, and any administrative charges related to the seizure and impoundment, and upon showing that: o the Vehicle was stolen, unless the registered owner, the legal owner, or someone with a legal interest fails to redeem the Vehicle within sixty (60) days of seizure; the Vehicle is subject to bailment and was driven by an employee of the bailee; such as a parking lot attendant, or a garage mechanic; the Vehicle is owned by an employer of the person who used or maintained it pursuant to Subsection 3-30.2. The employer must show proof of ownership of the Vehicle; the Vehicle is owned by a rental car agency with a duly executed contract with the person who used or maintained the Vehicle pursuant to Subsection 3-30.2; or a Community Property interest existed in such Vehicle prior to the act giving rise to the nuisance under this section and the Community Property interest owner meets all of the following requirements: ao bo do The Community Property interest owner requests release of the Vehicle fi.om the City Attorney prior to disposal of the Vehicle by forfeiture. The Community Property interest owner submits proof to the City Attorney that a Community Property interest existed prior to the date of the act giving rise to the nuisance. The Community Property interest owner submits proof to the City Attorney that the Vehicle is the only Vehicle available to them. The Community Property interest holder submits proof to the City Attorney that he or she, or an authorized driver other than a defendant in any criminal trial arising out of the act giving rise to the nuisance in this section, is properly licensed and that the seized Vehicle is properly registered and insured pursuant to the California Vehicle Code. The Community Property interest holder is not a criminal suspect in a police investigation of the act giving rise to the nuisance under this section. 3-30.10 Recovery of Monetary Loss. Nothing in this chapter shall preclude an owner of a Vehicle who suffers a monetary loss from the forfeiture of a Vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section. 3.30.11 Non-exclusive Remedy. This section is not the exclusive regulation or penalty of the solicitation of prostitution and acts of prostitution, or the solicitation of prostitution, or the acquiring of a Controlled Substance(s), or the attempting to acquire a Controlled Substance(s). It supplements and is in addition to other regulatory codes, statutes and ordinances enacted by the City, the State, or any other legal entity or agency having jurisdiction. 3-30.12 Further Rules and Regulations. The City Council reserves the right to adopt by resolution additional rules and regulations which shall become effective immediately upon adoption, which include, but are not limited to, rules and regulations relating to bidding, forfeiture, and settlement procedures. SECTION 3: The City finds that this action is within the grant of authority given to it by the State Legislature. SECTION 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any mason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: This ordinance shall take effect thirty (30) days after its final passage, and within fifteen (15) days after its passage, the City Clerk shall cause it to be posted as required by law, and hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this __ day of ,2005. ATTEST: Mayor Ramon Rodriguez Andrea L. Hooper, City Clerk APPROVED AS TO FORM: J. Arnoldo Beltrfin, City Attorney DATE: APRIL 19, 2005 TO: From: By: Subject: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY HONORALBE MAYOR AND MEMBERS OF THE CITY..~O~,~j)~ N. Enrique Martinez, Executive Director/~nage/~'./Y..//'/'/' Louis Morales, Deputy Executive Direct~ ~// JOINT PUBLIC HEARING FOR THE DISPOSITION OF AGENCY PROPERTY Purpose: To have the Agency and City conduct a joint public hearing to consider the disposition of Agency-owned property located at the southwest corner of Fernwood Avenue and State Street to M+D Properties (the "Buyer") for the fair market value of $895,885 Facts; The Agency currently owns the property located at the southwest corner of State Street and Fernwood Avenue and is approximately 58,440 sq. ft. (the "Site"). 2. The Agency purchased the Site from Caltrans for $1,000. 3. The Agency had the Site appraised, which yielded a value of $895,885 or $15.31 per sq. ft. The buyer offered to lease the property from the Agency for parking and previously requested an eady entry agreement to begin the parking improvements. The Agency opted to have the Site appraised and sold to M+D Properties for the appraised value and directed staff accordingly. The Agency proposes to sell the property to M+D Properties in an as is condition based on appraisal. Agency subsidy will not be provided in the transaction. The Site will be used for parking in connection with the Plaza Mexico Project. M+D Properties has an ENA with the Agency for the development of phase II of Plaza Mexico. Phase II is located at the northwest corner of State Street and Imperial Highway (K&K site), which is adjacent to the Site. H:word/redevelp/Imorales/MDPrpFemwdState041905,sff AGENDA rrEM 10 7. The Agency shall record a deed of trust to secure payment and performance. Additionally, should the buyer not complete or provide a development plan for the K&K site, the Buyer agrees to reconvey the Site back to the Agency at the purchase pdce of $895,885 or current appraisal, which ever is less. 8. The disposition of the Agency-owned property is being considered pursuant to Section 33431. Analysis: The Plaza Mexico project, which was developed by M+D Properties is experiencing a shortage of parking. As a result, M+D Properties proposed to lease or buy the Site from the Agency. The Site will provide much needed parking for the Plaza Mexico project and will be used for employee parking. The Site will be fenced and secured. Recommendation: Staff recommends that the City and Agency conduct a joint public hearing and that the City Council and Redevelopment respectively adopt the attached resolutions entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DISPOSITION OF AGENCY OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169-002-901&902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND M+D PROPERTIES". "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE DISPOSITION OF AGENCY OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169-002-901&902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND M+D PROPERTIES". H:wordlredevelpllmorales/MDPrpFernwdStateO41905.sff RESOLUTION NO. A RESOLUTION OF CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DISPOSITION OF AGENCY OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169-002-901 & 902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND M+D PROPERTIES WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ("Redevelopment Plan"), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88-1308, and on March 20, 2001 by Ordinance No. 1504; and WHEREAS, the Lynwood Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ("Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to enter into a Purchase and Sale Agreement (the "Agreement") with M+D Properties ("Buyer"), which provides for the sale of Agency- owned property (the "Site") at the appraised value of $895,885 for the development of a parking lot; and WHEREAS, the Agency desires to consider the disposition of the Agency property in connection with the development of the adjacent site by the Buyer; and WHEREAS, the proposed Purchase and Sale Agreement contains all the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public hearing on the proposed disposition and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed agreement and believe that development pursuant thereto is in the best interest of the City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight in the Project Area; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Lynwood and the Lynwood Redevelopment Agency as follows: H:WORD/REDEVELP/LMORALES/MDPropFrnwdStatSaleCCRes041905 Section 1. The Agency and City Council hereby find and determine that the development of the Site pursuant to the Agreement is in the best interest of the City of Lynwood and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law. Section 2. The Agency and City Council hereby find and determine that the development of the Site pursuant to the proposed Agreement is necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project Area. Section 3. The Agency and the City Council hereby find and detem,ine that the development of the Site pursuant to the proposed Agreement will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 4. The Agency has held a joint public headng with the City Council and has received, heard and considered all oral and wdtten objections to the proposed Agreement and to the actions connected therewith, and hereby overrules all such oral and wdtten objections. Section 5. The City Council finds that the sale of the property contemplated by the proposed Agreement will assist in the elimination of blight and cost to the Agency. The property is currently an undeveloped remnant property with several development constraints. The agreement provides that the Site be used as a parking lot. Section 6. The City Council finds that the consideration for the sale is not less than fair market value since the estimated fair market value of the property is $895,885 and the Agency will receive $895,885 for the sale of the Site. Section 7. The City Council finds that the sale of the Site as contemplated by the proposed Agreement is in the interests of the health, safety and welfare of the City, is in accordance with the Redevelopment Plan, is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490 and will be of benefit to the Project Area. Section 8. The City Council approves the sale of the Site contemplated by the proposed Agreement. APPROVED AND ADOPTED this 19th day of Apdl, 2005. RAMON RODRIQUEZ, MAYOR H:WORDIREDEVELPILMORALESIMDPropFmwdStatSaleCCRes041905 ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Arnoldo Beltran City Attomey Louis Morales, Director Redevelopment Department H:WORDIREDEVELPILMORALE SlMDPropFmwdStatSaleCCRes041905 RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE DISPOSITION OF AGENCY OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE STREET AND FERNWOOD AVENUE (APN 6169-002-901 & 902) AND THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND M+D PROPERTIES WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ("Redevelopment Plan"), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88-1308, and on March 20, 2001 by Ordinance No. 1504; and WHEREAS, the Lynwood Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ("Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to enter into a Purchase and Sale Agreement (the "Agreement") with M+D Properties ("Buyer"), which provides for the sale of Agency- owned property (the "Site") at the appraised value of $895,885 for the development of a parking lot; and WHEREAS, the Agency desires to consider the disposition of the Agency property in connection with the development of the adjacent site by the Buyer; and WHEREAS, the proposed Purchase and Sale Agreement contains all the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public headng on the proposed disposition and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed agreement and believe that development pursuant thereto is in the best interest of the City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight in the Project Area; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Lynwood and the Lynwood Redevelopment Agency as follows: H:WORDIREDEVELPILMORALESIMDPropFrnwdStatSaleLRARes041905 Section 1. The Agency and City Council hereby find and determine that the development of the Site pursuant to the Agreement is in the best interest of the City of Lynwood and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law. Section 2. The Agency and City Council hereby find and determine that the development of the Site pursuant to the proposed Agreement is necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project Area. Section 3. The Agency and the City Council hereby find and determine that the development of the Site pursuant to the proposed Agreement will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 4. The Agency has held a joint public headng with the City Council and has received, heard and considered all oral and wdtten objections to the proposed Agreement and to the actions connected therewith, and hereby overrules all such oral and written objections. Section 5. The Agency finds that the sale of the property contemplated by the proposed Agreement will assist in the elimination of blight and cost to the Agency. The property is currently an undeveloped remnant property with several development constraints. The agreement provides that the Site be used as a parking lot. Section 6. The Agency finds that the consideration for the sale is not less than fair market value since the estimated fair market value of the property is $895,885 and the Agency will receive $895,885 for the sale of the Site. Section 7. The Agency finds that the sale of the Site as contemplated by the proposed Agreement is in the interests of the health, safety and welfare of the City, is in accordance with the Redevelopment Plan, is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490 and will be of benefit to the Project Area. Section 8. The Agency approves the sale of the Site contemplated by the proposed Agreement. Section 9. The Executive Director of the Agency is hereby authorized to execute the proposed agreement. Section 10. The Executive Director of the Agency, or his designee, is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Agreement, and to administer and implement the Agency's obligations, responsibilities and duties to be performed under the Agreement. APPROVED AND ADOPTED this 19th day of April, 2005. H :WORD/REDEVELPILMORALES/MDPropFmwdStatSaleLRARes041905 RAMON RODRIQUEZ, CHAIRMAN ATTEST: Andrea L. Hooper, Secretary N. Endque Martinez, Executive Director APPROVED AS TO FORM: APPROVED AS TO CONTENT: Ronald Wilson Agency Counsel Louis Morales, Deputy Executive Director H:WORD/REDEVELP/LMORALES/MDPropFrnwdStatSaleLRARes041905 ~oooo oo AGENDA ITEM O0 ~oo~oo~w~~oo~~~~o~=oooo ooo=oooooo=~~ooooo~=o~ooo~=oooooo~oooo~oo~o ooo~oooooo~~ooooo~o~ooo~=oooooo~oooo~oo~ DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL N. Enrique Martinez, City Manager]~.,,~/~ Yadi Farhadi, P.E., Director of Environmental Services/City Engineer Miguel Alvarez, Civil Engineering Associate Acceptance of An Irrevocable Easement Offer of Dedication for Street Purposes at 3545 Mulford Avenue. PURPOSE: To recommend that the City Council adopt the attached resolution accepting an irrevocable easement offer of dedication for street purposes at 3545 Mulford Avenue. BACKGROUND: The conditions of approval for the development of a three (3) unit apartment complex, two stories in height at 3545 Mulford Avenue (CUP Case 2003-25) include an irrevocable easement offer of dedication for five (5) feet wide strip of property along Mulford Avenue (see attachment "A"). ANALYSIS: The above-mentioned easement is necessary for the convenience, welfare, and safety of the public. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3545 MULFORD AVENUE". Cou05020 Item Easement Deed 3545 Mulford AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3545 MULFORD AVENUE WHEREAS, the conditions of approval for the development of a three (3) unit apartment complex, two stories in height at 3545 Mulford Avenue include and irrevocable easement offer of dedication for five (5) feet wide strip of property along Mulford Avenue; and WHEREAS, the City Council of the City of Lynwood has determined that said easement is necessary for the convenience, welfare, and safety of the public; and WHEREAS, it has been determined that the best interest of the City shall be served by accepting said easement; and WHEREAS, said easement has been analyzed and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD AS FOLLOWS: Section 1. The City Council accepts the irrevocable easement offer of dedication for street purposes from Rafael Murillo and Olga Murillo as described below: The southerly five (5) feet of the westerly fifty (50) feet of lot 348 of Tract No. 2551 in the City of Lynwood, County of Los Angeles, State of California, as recorded in Book 24, Pages 78-80 of Maps, in the office of the County Recorder. Assessor's Map No. 6173-009-019 Commonly known as: 3545 Mulford Avenue Lynwood, Ca 90262 Section 2. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this __ day of ., 2005. Ramon Rodriguez, Mayor City of Lynwood Cou05020 Item Easement Deed 3545 Mulford ATTEST: Andrea L. Hooper, City Clerk City of Lynwood N. Enrique Martinez City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer Cou05020 Item Easement Deed 3545 Mulford STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of ., 2005, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) City, No. therein stated. Dated this I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution on file in my office and that said resolution was adopted on the date and by the vote day of ,2005. City Clerk, City of Lynwood Cou05020 Item Easement Deed 3545 Mulford RECORDING REQUESTED BY: CITY OF LYNWOOD WHEN RECORDED MAIL TO SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY CLERK, CITY OF LYNWOOD 11330 BULLIS ROAD LYI~WOOD CA. 90626 .............. CONSIDEP~ATION AND VALUE LESS TH3LN $100 DOCUMENT TR3LNSFER TAX $ CITY CLERK, CITY OF LYNWOOD EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RAFAELMURILLOAND OLGAMURILLO GRANT to the City of Lynwood a municipal corporation, an easement for public street, sewers and drainage purposes and all uses appurtenant thereto, in, over and upon that certain real property in the City of Lynwood, County of Los Angeles, State of California, described as follows: The southerly 5 feet of the westerly 50 feet of Lot 348 of Tract No. 2551 in the City of Lynwood, County of Los Angeles, State of California, as recorded in Book 24, Pages 78-80 of Maps, in the office of the County Recorder. Assessor's Map No. 6173-009-019 Commonly known as: 3545 Mulford Avenue Lynwood, CA. 90262 DATE: ~a~el M~u r i~o ,2005 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ~lL ~ ,2005, Before me, Y/~ t~?~.~, /~(~uc personally appeared ~J~ ~u~ILLO ~n~O ~L~A ~i~ally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) i-~/are subscribe,~ to the within instrument and acknowledged to me that he~h=h~_~executed the same in hi~ere~__~authorized capacity(ies), and that by his~a~r/~h~_~l~signature(s) on the instrument the person(s) acted, executed~he instrument. Behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature .~/~ ~ ~ H:\WORDFILE\PUBWORKS\DEVELOPR\EsT~tl8 3545 Mulford.doc ~® ® L I t DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND M~. ERS OF THE CITY COUNCIL N. Enrique Martinez, City Manager Yadi Farhadi, P.E., Director of Environmental Services/City Engineer Miguel Alvarez, Civil Engineering Associate Acceptance of An Irrevocable Easement Offer of Dedication for Street Purposes at 3548 Mulford Avenue. PURPOSE: To recommend that the City Council adopt the attached resolution accepting an irrevocable easement offer of dedication for street purposes at 3548 Mulford Avenue. BACKGROUND: The conditions of approval for the development of a one-story, single family dwelling at 3548 Mulford Avenue (CUP Case 2003-30) include an irrevocable easement offer of dedication for five (5) feet wide strip of property along Mulford Avenue (see attachment "A"). ANALYSIS: The above-mentioned easement is necessary for the convenience, welfare, and safety of the public. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3548 MULFORD AVENUE". Cou05020 Item Easement Deed 3548 Mulford AGENDA rrEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRREVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3548 MULFORD AVENUE WHEREAS, the conditions of approval for the development of a one-story, single family dwelling at 3548 Mulford Avenue include and irrevocable easement offer of dedication for five (5) feet wide strip of property along Mulford Avenue; and WHEREAS, the City Council of the City of Lynwood has determined that said easement is necessary for the convenience, welfare, and safety of the public; and WHEREAS, it has been determined that the best interest of the City shall be served by accepting said easement; and WHEREAS, said easement has been analyzed and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD AS FOLLOWS: Section 1. The City Council accepts the irrevocable easement offer of dedication for street purposes from Maria Estrada and Mima Toledo as described below: The northerly five (5) feet of the easterly fifty (50) feet of lot 359 of Tract No. 2551 in the City of Lynwood, County of Los Angeles, State of California, as recorded in Book 24, Pages 78-80 of Maps, in the office of the County Recorder. Assessor's Map No. 6173-008-003 Commonly known as: 3548 Mulford Avenue Lynwood, Ca 90262 Section 2. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this __ day of ,2005. Ramon Rodriguez, Mayor City of Lynwood Cou05020 Item Easement Deed 3548 Mulford ATTEST: Andrea L. Hooper, City Clerk City of Lynwood N. Enrique Martinez City Manager APPROVED AS TO FORM: APPROVED ASTO CONTENT: City Attorney City of Lynwood Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer Cou05020 Item Easement Deed 3548 Mulford STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of ,2005, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) City, No. therein stated. Dated this I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said do hereby certify that the above and foregoing is a full, true and correct copy of Resolution on file in my office and that said resolution was adopted on the date and by the vote day of ,2005. City Clerk, City of Lynwood Cou05020 Item Easement Deed 3548 Mulford RECORDING REQUESTED BY: CITY OF LYNWOOD WHEN RECORDED MAIL TO SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY CLERK, CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD CA. 90626 .............. CONSIDERATION AND VALUE LESS THAN $100] DOCUMENT TRANSFER TAX $ CITY CLERK, CITY OF LYNWOOD EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARIA ESTRADA & MIRNA TOLEDO GRANT to the City of Lynwood a municipal corporation, an %asement for public street, sewers and drainage purposes and all uses appurtenant thereto, in, over and upon that certain real property in the City of Lynwood, County of Los Angeles, State of California, described as follows: The norherly 5 feet of the easterly 50 feet of Lot 359 of Tract No. 2551 in the City of Lynwood, County of Los Angeles, State of California, as recorded in Book 24, Pages 78-80 of Maps, in the office of the County Recorder. Assessor's Map No. 6173-008-003 Commonly known as: 3548 Mulford Avenue Lynwood, CA. 90262 Maria Estrada~" Mirna Toledo STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On ~ ~'~9 ,2005,. B~fore me, ~~ personally appeared NU~a~ ~q~-~ ~ ~-~ per~ona~ly known to me (or proved to me on the basms of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s} on the instrument the person(s} acted, executed the instrument. Behalf of which the person(s) acted, executed the instrument. WITNESS my ha~cial seal. Signature H:\WORDFILE\PUBWORK$\DEVELOPR\Esmntl8 3545 Mulford.doc d I? L) . /' !-7 DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL N. Enrique Martinez, City Managerj~/f~'ff/' Yadi Farhadi, P.E., Director of Environmental Services/City Engineer Miguel Alvarez, Civil Engineering Associate Vacation of Alley Located Between the First Alley West of Atlantic Avenue and First Avenue, South of Brewster Avenue PURPOSE: To recommend that the City Council adopt a resolution declaring its intention to vacate the Alley located between the first alley west of Atlantic Avenue and First Avenue, south of Brewster Avenue. BACKGROUND: Staffhas received a petition from the affected residents to vacate the Alley located between the first alley west of Atlantic Avenue and First Avenue, south of Brewster Avenue (see Attachment "A"). ANALYSIS: Staff has reviewed the request and has determined that said alley is not needed for traffic circulation purposes. Utility easements can be maintained for all necessary utilities. The attached Resolution of Intention provides for a public hearing on the matter on May 17, 2005, as required by Section 8322 of the California Streets and Highways Code. RECOMMENDATION: That the City Council of Lynwood adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE ALLEY LOCATED SOUTH OF BREWSTER AVENUE BETWEEN THE FIRST ALLEY WEST OF ATLANTIC AVENUE AND FIRST AVENUE" Cou05023 Item Alley south of Brewster Vac AGENDA ITEM 6189 II SCALE: NONE BREWSTER ALLEY ALLEY - = ~ ~ ~ ~~.,~ I I I~o TRACT NO. 8716 l~5- 6~- 64 6089 -~ 6529 --~6081 \ I I I AVE. J 150 GISt_ 150 QI91 184 I00 CITY OF LYNWOOD PROPOSED ALLEY VACATION DRWG BY: CHECKED BY: APPV'D BY: CI3~f ENGINEER RCE DATE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE ALLEY LOCATED SOUTH OF BREWSTER AVENUE BETWEEN THE FIRST ALLEY WEST OF ATLANTIC AVENUE AND FIRST AVENUE WHEREAS, the alley located south of Brewster Avenue between the first alley west of Atlantic Avenue and First Avenue is unnecessary for present and prospective public street purposes; and WHEREAS, the public interest, necessity and convenience require the City Council to vacate and abandon said alley; and WHEREAS, said alley, as above described, is shown on the official map of the City of Lynwood, at the office of the City Clerk of said City, to which all parties interested are referred for particulars as to the proposed vacation and abandonment; and WHEREAS, the City Council elects to proceed in said vacation and abandonment under Section 8300 to 8324, inclusive, of the Streets and Highways Code of the State of California, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1: That an easement be retained for construction and maintenance of utility facilities within the limits of the street vacation as described herein above. Section 2: That the City Clerk of the City of Lynwood is directed to give and post, as required by law, Notice of Passage of this Resolution of Intention, and give therein the legal description of said alley proposed to be vacated and abandoned, and specify the time and place of hearing of this Resolution of Intention, which is hereby fixed as follows: The hearing to be, before the City Council of the City of Lynwood, at 11330 Bullis Road, in the City Council Chambers of the City of Lynwood at the hour of 5:00 p.m. on May 17, 2005, at which time and place all persons interested may appear and object or protest to the proposed vacation and abandonment of said alley. If the City Council finds from the evidence submitted that the alley is unnecessary for present or prospective use, it may make its order vacating all or part of the alley. Cou05023 Item Alley south ofBrewster Vac Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS__ day of ,2005. RAMON RODRIGUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood N. Enrique Martinez City Manager YADOLLAH FARHADI, P.E. Director of Environmental Services/ City Engineer Cou05023 Item Alley south of Brewster Vac 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 __ day of ,2005. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) Ss. 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 foregoing is a full, tree 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 _, 2005. City Clerk, City of Lynwood Cou05023 Item Alley south of Brewster Vac DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND_M~ERS OF THE CITY COUNCIL N. Enrique Martinez, City Manage~]l/~' ]~/' Yadi Farhadi, P.E., Director of Environmental Services/City Engineer ~./? Miguel Alvarez, Civil Engineering Associate Vacation Of Alley Located North of Josephine Street Between Third Avenue and Fourth Avenue PURPOSE: To recommend that the City Council adopt a resolution declaring its intention to vacate the alley located north of Josephine Street between Third Avenue and Fourth Avenue. BACKGROUND: Staff has received a petition from the affected residents to vacate the Alley located north of Josephine Street between Third Avenue and Fourth Avenue (see Attachment "A"). ANALYSIS: Staff has reviewed the request and has determined that said alley is not needed for traffic circulation purposes. Utility easements can be maintained for all necessary utilities. The attached Resolution of Intention provides for a public hearing on the matter on May 17, 2005, as required by Section 8322 of the California Streets and Highways Code. RECOMMENDATION: That the City Council of Lynwood adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE THE ALLEY LOCATED NORTH OF JOSEPHINE STREET BETWEEN THIRD AVENUE AND FOURTH AVENUE". Cou05019 Item Alley Vac AGENDA FrEM SCALE 1' ~ 80 S.P. 2002 CENTURY FERNWOOD RTEi 105 ~)65 e joSF_PhtNE 6089 AVE. o V, 6.~O TRAC'I M.B.14 ---r-~Ac,'r ,Jo. e'l CITY OF LYNWOO'D.'~} DRWG.~,~,.~ ~Y I CKD. BY 1 2ov _ CiTY ENGINEER RE. DATE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLAR/NG ITS INTENTION TO VACATE THE ALLEY LOCATED NORTH OF JOSEPHINE STREET BETWEEN THIRD AVENUE AND FOURTH AVENUE WHEREAS, the alley located north of Josephine Street between Third Avenue and Fourth Avenue is unnecessary for present or prospective public street purposes; and WHEREAS, the public interest, necessity and convenience require the City Council to vacate and abandon said alley; and WHEREAS, said alley, as above described, is shown on the official map of the City of Lynwood, at the office of the City Clerk of said City, to which all parties interested are referred for particulars as to the proposed vacation and abandonment; and WHEREAS, the City Council elects to proceed in said vacation and abandonment under Section 8300 to 8324, inclusive, of the Streets and Highways Code of the State of California, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1: That an easement be retained for construction and maintenance of utility facilities within the limits of the street vacation as described herein above. Section 2: That the City Clerk of the City of Lynwood is directed to give and post, as required by law, Notice of Passage of this Resolution of Intention, and give therein the legal description of said alley proposed to be vacated and abandoned, and specify the time and place of hearing of this Resolution of Intention, which is hereby fixed as follows: The hearing to be, before the City Council of the City of Lynwood, at 11330 Bullis Road, in the City Council Chambers of the City of Lynwood at the hour of 5:00 p.m. on May 17, 2005, at which time and place all persons interested may appear and object or protest to the proposed vacation and abandonment of said alley. If the City Council finds from the evidence submitted that the alley is unnecessary for present or prospective use, it may make its order vacating all or part of the alley. Cou05019 Item Alley Vac Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS day of ., 2005. RAMON RODRIGUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood N. Enrique Martinez City Manager YADOLLAH FARHADI, P.E. Director of Environmental Services/ City Engineer Cou05019 Item Alley Vac 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 __ day of ,2005. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) Ss. 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 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 ,2005. City Clerk, City of Lynwood Cou05019 l~m Alley Vac Date: To: From: By: Subject: April 19, 2005 Honorable Mayor and Members of,l~'j~ty Council N. Enrique Martinez, City Manager//./-,'l~'l f,,-~ ,, Jim Given, Director of Recreation ~ Community Services~ Request From Compton Community College For Advertising Off-Campus Classes PURPOSE To have the City Council consider a request from Compton Community College to place two (2) Street Banners in the City of Lynwood to advertise Off-Campus Classes being offered at its Lynwood Center and at Plaza Mexico. Banners would go up on April 20th and be up for thirty (30) days, at poles located on Long Beach Blvd and Imperial Hwy. BACKGROUND Compton Community College is requesting to hang two (2) street banners one near Plaza Mexico on Imperial Hwy. and another on Long Beach Blvd. The banners will advertise the Grand Opening of off-campus classes at the College's Lynwood Center and at Plaza Mexico. The actual date the classes begin is May 1,2005. The request is to display the banners to allow the public advance notice prior to the actual registrations dates. ANALYSIS Compton Community College has made similar requests in the past. The college will be responsible for producing the banners as well as providing all the necessary materials required for safe display of such banners. In addition, the college has again offered to make the necessary provisions for its own professional vendor to install the banners under the supervision of the City of Lynwood. CONCLUSION/RECOMMENDATION Staff recommends that the City Council authorize staff to coordinate with Compton Community College in order that they may hang two (2) street banners at the locations and for the periods identified in the staff report. Attachments AGENDA ITEM COMPTON April 6, 2005 1111 ~,AST AaT~SL~ BLVD. q~w.compton.cd~ DR. KITA CEPEDA INT£R~M SUI'BIINTBNDBNT/ PKB~[OEh~ BOARD OF 'rR! ISTEI-L~ ~ £. ROBINSON, SR. VICE LOR.IL~IN£ C£RVAFrrE$ CLFJtK DR. WILLIE MEMBE~ M~ER ~E~ M~ER COMMUNITIF~: Mr. Perry Brents, Deputy Director Recreation & Community Services Depa~ U.ent City of Lynwood, California I 1330 Bullis Road Lynwood, California 90262 Dear Mr. Brents: Thank you for mccting with Mr. James Hawkins who is representing my office relative to our efforts to provide information to the public concerning off-campus signage and educational programs at Compton Community College. Mr. Hawkins has informed mc that prchmmary discussions with your off, cc have gone well and you are working to assist us as best you can toward our effort to place street banners at locations within the c~ty that announce off-campus classes and registration dates. We would like to place two strut banners at Imperial Hwy. and Long Beach Blvd.- one banner on Long Beach Blvd. the other banner on Imperial Highway. Ideally, we would like thc banners on d~aplay betw~-n the periods of APril 11, 2005 through June 30, 2005. The actual date the classes begin is May 1, 2005. However, the earlier dates for placing the banners on display are to allow the public advance notice prior to the actual registration dates. I am including, for your review, a sample of thc text which would be placed on both sides of the banner. My office will take responsibdity for producing the banner and providing all the necesr, ary materials required for safe &splay of each banner. Moreover, we are available (if nee<led) to assist city staffin hanging such banners by providing a professional vendor for such if it should become necessary. I appreciate your efforts to date and am grateful for all thc a~aistancc you arc able [o provide in thc future. If you should have any questions, please do not hesitate to contact me at (310) 900- 1600, Ext. 2969. Yours truly, D/rector of Public Information 1~ ]~3~d OId BDB9903 NOIdWO3 66910~6~1£ L§;~O DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND MEMBERS Ol~ THE CITY COUNCIL N. Enrique Martinez, City Manager ~,r)r~'~''V~/ Yadi Farhadi, P.E., Director of Environmental Services/City Engineer ~ ~¢ Paul Nguyen, Public Works/Engineering Manager il Landscape Maintenance Assessment District, FY 2005-2006 PURPOSE: To recommend that the City Council approve the attached resolution proposing the reformation of the Landscape Maintenance Assessment District, and authorizing the City Engineer to prepare and file a report in accordance with Landscaping and Lighting Act of 1972. BACKGROUND: The Landscape Maintenance Assessment Districts is set up on a yearly basis under the Landscaping and Lighting Act of 1972, Division 15, Part 2, Section 22500 et seq., of the Streets and Highways Code. The District was first established under the 1972 Act in 1978 and was reformed during the subsequent years. ANALYSIS: This assessment district is necessary to maintain the City's parks and landscaped areas. For the last several years, the district has operated in deficit and has been subsidized with general funds. For FY 2004-05, the City attempted to balance the district budget by proposing an assessment rate increase, which was voted down by Lynwood residents. 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 CITY ENGINEER TO PREPARE A REPORT ON THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006". Cou05027s16assessmentdistrict AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER TO PREPARE A REPORT ON THE LANDSCAPING ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE "LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006 WHEREAS, the City Council of the City of Lynwood did, on August 17 1978, adopt Resolution No. 78-78 ordering the formation of the Lynwood Landscaping Assessment District; and WHEREAS, there are no substantial changes in existing improvements or planned improvements from those listed in Resolution 78-73, and adopted on July 18, 1978; and WHEREAS, the City Engineer is required by Section No. 22623 of the Streets and Highways Code to file an annual report to the City Council. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1: That the City Engineer is hereby directed to prepare and file a report in relation to said district, all in accordance with part 2, Division 15 of the Streets and Highways Code of the State of California, as amended. Section 2: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2005. RAMON RODRIGUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: City of Lynwood APPROVED AS TO CONTENT: City Attorney N. ENRIQUE MARTINEZ City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) SSo COUNTY OF LOS ) 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 said City at a regular meeting thereof held in the City Hall of the City on the day of _, 2005, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. 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 foregoing is a full, tree 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 ., 2005 City Clerk, City of Lynwood DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND MEMBERS,OF THE CITY COUNCIL N. Enrique Martinez, City Manager//7~'/~'//~/ Yadi Farhadi, P.E., Director of Environmental Services/City Engineer Paul Nguyen, Public Works/Engineering Manager Lighting Maintenance Assessment District, FY 2005-2006 PURPOSE: To recommend that the City Council approve the attached resolution proposing the reformation of the Lighting Assessment District, and authorizing the City Engineer to prepare and file a report in accordance with Landscaping and Lighting Act of 1972. BACKGROUND: The Lighting Maintenance Assessment Districts is set up on a yearly basis under the Landscaping and Lighting Act of 1972, Division 15, Part 2, Section 22500 et seq., of the Streets and Highways Code. The District was formed under the 1972 Act in 1981 and was reformed during the subsequent years. ANALYSIS: This assessment district is necessary to maintain the street lighting on the City's major arterials, commercial and residential areas. For the last several years, the district has operated in deficit and has been subsidized with general funds. For FY 2004-05, the City attempted to balance the district budget by proposing assessment rate increases, which were voted down by Lynwood residents. 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 CITY ENGINEER TO PREPARE A REPORT ON THE LIGHTING ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006". Cou05027sl6assessmentdistrict AGENDA rrEM Iq RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER TO PREPARE A REPORT ON THE LIGHTING ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE "LANDSCAPING AND LIGHTING ACT OF 1972" (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2005-2006 WHEREAS, the City Council of the City of Lynwood did, on June 23, 1981, adopt Resolution No. 81-80 ordering the formation of the Lynwood Lighting Assessment District; and WHEREAS, there are no substantial changes in the existing improvements or planned improvements from those listed in Resolution No.81-69, and adopted on June 2, 1981; and WHEREAS, the City Engineer is required by Section No.22623 of the Streets and Highways Code to file an annual report to the City Council. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1: That the City Engineer is hereby directed to prepare and file a report in relation to said district, all in accordance with part 2, Division 15 of the Streets and Highways Code of the State of California, as amended. Section 2: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2005. RAMON RODRIGUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT: City Attorney N. ENRIQUE MART1NEZ City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ) 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 said City at a regular meeting thereof held in the City Hall of the City on the day of and passed by the following vote: _,2005, AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. 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 foregoing is a full, tree 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 ,2005. City Clerk, City ofLynwood DATE: April 19, 2005 TO: FROM: BY: SUBJECT: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL N. Enrique Martinez, City Manager//,~///' Yadi Farhadi, Director of Environmental Services/City Engineerl- ~t-j Awarding a professional service contract to APA Engineering, Inc. PURPOSE: To recommend that the City Council adopt the attached resolution awarding a contract to APA Engineering, Inc. to provide professional engineering design services for the Alley Improvement Project, Project No. 05-5196; and authorizing the Mayor to execute the agreement. BACKGROUND: On March 1, 2005 the City Council approved a list of qualified consultant firms to provide professional engineering design services for street and alley (including landscaping, hardscaping, and streetscaping), water distribution system, and traffic engineering. This list was the result of a Request for Qualifications (RFQ) process that took place between September 2004 and March 2005, during which the City received 41 proposals from various consultants. Subsequently, the consultants were interviewed by a review panel composed of four engineering staff members. The consultants were selected based on experience in their area of expertise, organization structure, familiarity with municipal projects and quality control/quality assurance. APA Engineering, Inc. was included in this list (see Attachment "A"). ANALYSIS: Based on their qualifications, experience and proposal, staff is recommending APA Engineering, Inc. be selected to provide professional services for design of the Alley Improvement Project, Project No. 05-5296. The fee for the design of 11 alleys is $33,410, which will be funded with LUA Bond funds. RECOMMENDATION: Staff recommends that the City Council adopt the attached entitled resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO APA ENGINEERING, INC. IN THE AMOUNT OF $33,410 FOR THE DESIGN OF ALLEY IMPROVEMENT PROJECT, PROJECT NO, 05-5296, FISCAL YEAR 2004-2005; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." H:\WORDFILE\PUBWORKSXCOUNCIL\Cou05027alIeydesignAPA. doc AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO APA ENGINEERING, INC. IN THE AMOUNT OF $33,410.00 FOR THE DESIGN OF ALLEY IMPROVEMENT PROJECT, PROJECT NO, 05-5296, FISCAL YEAR 2004-2005; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." WHEREAS, Alley Improvement Project, Project no. 05-5296, was approved and included in the FY 2004-2005 budget by the City Council; and WHEREAS, APA Engineering, Inc.'s proposal to prepare the design for the Alley Improvement Project, Project No, 05-5296 for a fee of $33,410 was recommended by staff. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That a contract for the design of Alley Improvement Project, Project No, 05-5296, be awarded to APA Engineering, Inc. for the fee of $33,410.00. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and APA Engineering, Inc. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 19th day of April 2005. ATTEST: RAMON RODRIQUEZ, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood N. ENRIQUE MARTINEZ City Manager H:\WORDFILELPUBWORKS\COUNCIL\Cou05027alleydesignAPA.doc APPROVED AS TO FORM: APPROVED THIS CONTENT: City Attorney City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES Yadollah Farhadi Director of Environmental Services /City Engineer SS. 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 ., 2005, and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA City Clerk, City of Lynwood 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, tree and correct copy of H:\WORDFILEXPUBWORKS\COUNCIL\Cou05027alIeydesignAPA.doc 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 ,2005. City Clerk, City of Lynwood H:\WORDFILE~PUBWORKS\COUNCIL\Cou05027alIeydesignAPA.doc DATE: 'TO: FROM: BY: SUBJECT: March 1, 2005 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim-City Mana~ Yadollah Farhadi, Director ofEnvir~talt~0 Services/City Engineer ~ Selection of Consultant Firms to Provide Professional Engineering Services PURPOSE: To present to the City Council the selection process and the final recommended list of consultant f'n-ms to provide Professional Engineering Services for street and alley design, water distribution system design, and traffic engineering. BACKGROUND: To update the list of consultant firms for future street, water and traffic improvement projects, the Environmental Services Department published request for Statement of Qualifications (SOQ) on September 30, 2004. The deadline for submittal was November 1, 2004. The City received seventeen (17) SOQs for street and alley design, twelve (12) SOQs for water engineering, and twelve (12) SOQs for traffic engineering. Staff reviewed all SOQs and invited the most qualified finns for interview. The interviews were conducted on February 14, 15 and 16, 2005. A panel consisting of four engineering staff interviewed the candidates and recommended the final list of consultant finns in their field of expertise. ANALYSIS: Based on their qualifications, experience, and staffing, the review panel recommended the following ten (10) firms (listed in alphabetical order) to provide professional engineering design services for street and alley (including landscaping, hardscaping, and streetscaping), water distribution system, and traffic engineering. · APA Engineering, Inc. · CBM Consulting, Inc. · Civiltec Engineering, Inc. · David Evans and Associates Laguna Hills, CA Gardena, CA Monrovia, CA Ontario, CA H:\WORDFILE\PUBWORKS\COUNCIL\Cou05008Consselec.doc AGENDA ITEM · KEC Engineering, Inc. Walnut, CA · Kennedy Jenks Consultants Irvine, CA · NBCE, Inc. Tustin, CA · SA Associates Arcadia, CA · Van Dell and Associates Irvine. CA · Wildan Industry, CA These consultant firms will be on call to provide engineering services for the next 2-4 years. As projects become available and funded, RFQs will be sent to the above consultant firms based on their field of expertise. RECOMMENDATION: Staff recommends that the City Council receive and approve the staff's report on the selection of consultant firms to provide professional engineering services for design of streets, alleys, water distribution system, and traffic improvement projects. H 3 WORDFILE\PUBWORKS\COUNCIL\CouO5008Consselec.doc ORDINANCE FIRST READING (by title only): "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING AN AMENDED ZONING CODE, CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE, PURSUANT TO ZONING ORDINANCE AMENDMENT NO. 2004-02, AND APPROVING THE ACCOMPANYING INITIAL STUDY AND NEGATIVE DECLARATION," It was moved by Councilman Pedroza, seconded by Mayor Rodriguez to approve the Zoning Ordinance Amendments No. 2004-02 update Lynwood Municipal Code, Chapter 25 adopt a negative declaration. ROLL CALL: AYES: COUNCILMAN RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: BYRD PEDROZA, SANTILLAN, VASQUEZ, AND Mayor Rodriguez requested to recess to Closed Session because there are two Attorneys and a consultant, waiting. Council can then return to the regular Agenda back and continue with the Agenda. It was moved by Councilman Byrd seconded by Mayor Rodriguez to recess to Closed Session at 8:44p.m. Council reconvened at 10:15 p.m. Item #10: MUNICIPAL CODE AMENDMENT NO. 2005-01 UPDATE LYNWOOD MUNICIPAL CODE SECTION 7-22 AND 7-23 ABATEMENT OF INOPERATIVE VEHICLES AND CITY DIRECTED TOW SERVICES It was moved by general consent to continue this item and to keep the public hearing open. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one Motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. Councilwoman Vasquez pulled item 13 for further discussion It was moved by Councilman Byrd, seconded by Councilman Pedroza to receive and file and adopt the following Resolution and Ordinance. Item #11: APPROVAL OF THE WARRANT REGISTERS RESOLUTION NO. 2005.027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #12: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT TO PROVIDE AFFORDABLE HOUSING SERVICES FOR THE HOME PROGRAM. RESOLUTION NO. 2005.028 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND FRANCISCO R. JOSEPH & ASSOCIATES TO PROVIDE HOUSING REHABILITATION SERVICES FUNDED UNDER THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM." Item #14: QUARTERLY CONTRACT CHANGE ORDER REPORT Staff has reviewed all Capital Improvement Projects and has identified two (2) contract change orders, which were issued during the period from November 1, 2004 through January 31, 2005 and recommends that the City Council receive and file staff's quarterly contract change order report for the period of November 1, 2004, through January 31, 2005. Item #15: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5299 VIRGINIA AVENUE AND JOSEPHiNE STREET. RESOLUTION NO. 2005.029 ENTILTED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CANCELLING THE AWARD OF VIRGINIA (STATE STREET TO LINDBERGH AVENUE) AND JOSEPHINE STREET (BULLIS ROAD TO MURIEL DRIVE) IMPROVEMENT PROJECT, PROJECT NUMBER 05-5299, CONTRACT OT BANNAOUN ENGINEERS- CONSTRUCTORS; AND AWARDING THE PROJECT TO THE NEXT RESPONSIBLE BIDDER, RANCO CORPORATION IN THE AMOUNT OF $394,425.00; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." Item #16: SELECTION OF CONSULTANT FIRMS TO PROVIDE PROFESSIONAL ENGiNEERING SERVICES. The purpose of this item is to present to the City Council the selection process and the final recommended list of consultant firms to provide Professional Engineering Services for street and alley design, water distribution system design, and traffic engineering. Staff recommends that the City Council receive and approve the report on the selection of consultant firms to provide professional engineering services for design of streets, alleys, water distribution system, and traffic engineering. Item #17: AWARD OF A PROFESSIONAL SERVICES CONTRACT TO WEST GROUP DESIGN RESOLUTION NO. 2005.030 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO WEST GROUP DESIGN IN THE AMOUNT OF $137,005 FOR THE DESIGN OF THE CITY HALL COMPLEX REHABILITATION AND ADDITIONS PROJECT, PROJECT NO. 05-5189, FISCAL YEAR 2004-2005: AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: NONE ABSENT: NONE DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND.,f.),[./]/,~,ERS OF THE CITY COUNCIL N. Enrique Martinez, City Managerl//g{/'~' ~ Yadollah Farhadi, P.E. Director Of Environmental Services/City Engineering ~'~ ~) Rudolph Brown, Facility Service Manager ~ Auction of Surplus Vehicles and Equipment PURPOSE: To request that the City Council declare certain vehicles and equipment (attachment A) as surplus and authorize staff to auction said surplus vehicles and equipment. BACKGROUND: The Vehicle and Equipment Replacement Program of 2000, resulted in the replacement and retirement of several older vehicles and equipment. As a result, vehicles and equipment that were replaced have been taken out of service and are being stored at the City Corporate Yard. ANALYSIS: The stored equipment is no longer in city service. Their storage has reduced the usable space and impacted operations at this facility. Attach is the list of vehicles and equipment proposed to be declared as surplus and auctioned. Staff recommends that City Council declare these vehicles and equipment (attachment A) as surplus and authorize staff to proceed to auction the surplus items through a public auction. The proceeds from the public auction may be used to replace other vehicles and equipment in the program. RECOMMENDATION: That the City Council adopted the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING STAFF TO AUCTION SAID VEHICLES AND EQUIPMENT THROUGH A PUBLIC AUCTION". 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 ~ 0000 ~00 000~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING STAFF TO AUCTION SAID VEHICLES AND EQUIPMENT THROUGH A PUBLIC AUCTION WHEREAS, the Vehicles and Equipment Replacement Program has resulted in the retirement of older vehicles and equipment; and WHEREAS, said vehicles and equipment can be declared as surplus properties and may be disposed through a public auction; and WHEREAS, the proceeds from the auction may be used for the replacement of other vehicles and equipment through the Vehicles and Equipment Replacement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1. That the City Council declares certain city owned vehicles and equipment as surplus property (Attachment A). Section 2. That the City Council authorizes staff to auction surplus vehicles and equipment through a public auction. Section 3. That the City Manager or his designee is authorized to appropriate and transfer the proceeds from the public auction to the Vehicles/Equipment Replacement Program, Account 5-5228-4312. Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS day of .,2005. ATTEST: RamonRodriguez, Mayor Andrea L. Hooper, City Clerk City of Lynwood N. Enrique Martinez City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I the undersigned, City Clerk of the city of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the city Council of said City at a regular meeting therefore held in the City Hall of the city on the day of ., 2005 and passed by following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. ) 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, tree 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 ., 2005. City Clerk, City of Lynwood DATE: TO: FROM: BY: SUBJECT: April 19, 2005 HONORABLE MAYOR AND MEMBERS OF THE LYNWOOD CITY COUNCIL /~ ,~,, ,.~.. N. Enrique Martinez, City Manager~'.','- ' Autra C. Adams, Special Assistant/Intergovernmental Relations Lg~J~~-~ Office of Traffic Safety Seat Belt Enforcement Mini Grant PURPOSE: The purpose of this item is to inform the City Council of a grant received from the Office of Traffic Safety and to have the funds appropriated into the budget. BACKGROUND: As part of the California Seat Belt Compliance Campaign, the State of California Office of Traffic Safety (OTS) has awarded the City of Lynwood a Seat Belt Enforcement Mini Grant in the amount of $24,948. The overall goal of the program is to increase traffic safety and public awareness leading to increased seat belt use throughout the state. ANALYSIS: The grant will allow the Sheriff's Department to deploy additional patrol cars beyond the City of Lynwood's contracted service level. These patrol cars will target seatbelt violations. The enforcement period is May 16 through June 5, 2005. Due to the fact that this grant award was received after the adoption of the fiscal year 2003-2005 biennial budget, the funding needs to be appropriated into both revenue and expenditure accounts. Grant funds will be provided to the City on a reimbursable basis after the eligible expenses have been incurred. 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 APPROPRIATION OF THE OFFICE OF TRAFFIC SAFETY SEAT BELT ENFORCEMENT MINI GRANT IN THE AMOUNT OF $24,948." AGENDA- ITEM t RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF THE OFFICE OF TRAFFIC SAFETY SEAT BELT ENFORCEMENT MINI GRANT IN THE AMOUNT OF $24,948 WHEREAS, As part of the California Seat Belt Compliance Campaign, the State of California Office of Traffic Safety (OTS) has awarded the City of Lynwood a Seat Belt Enforcement Mini Grant in the amount of $24,948; and WHEREAS, The overall goal of the program is to increase traffic safety and public awareness leading to increased seat belt use throughout the state; and WHEREAS, The grant will allow the Sheriff's Department to deploy additional patrol cars beyond the City of Lynwood's contracted service level. WHEREAS, These additional patrol cars will target seatbelt violations for the enforcement period of May 16 through June 5, 2005. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Manager or his designee is authorized to carry out any necessary transactions as so ordered by this resolution. Section 2. That the City Council authorize the appropriation of $24,948 into Revenue Account # 01-30555 and Expenditure Account # 01-4555-4248. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of ., 2005. ATTEST: RAMON RODRIGUEZ, MAYOR ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARNOLDO BELTRAN, CITY ATTORNEY N. ENRIQUE MARTINEZ, CITY MANAGER STATE OF CALIFORNIA } } ss. COUNTYOF LOSANGELES } 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 day of ,2005. AYES: NOES: ABSENT: ABSTAIN: ANDREA L. HOOPER, CITY CLERK STATE OF CALIFORNIA } } ss. COUNTYOF LOSANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and 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 ,2005. ANDREA L. HOOPER, CITY CLERK DATE: April 19, 2005 TO: FROM: BY: SUBJECT: Honorable Mayor and City Council Members,, ~ ~ rl~a i~ rt~eZ~t ~it~fMRa: a g e r//~'~///~/'~_~'~; · , ' developme~ /.¢ l Mark Fullerton, Housing Associate t. ~..// APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE OF CAL TRANS PROPERTY LOCATED AT 4267 FERNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Purpose: For the City Council to approve a resolution authorizing the purchase of vacant Cai Trans property located at 4267 Fernwood Avenue to develop affordable housing and authorize the allocation of funds in the amount of $161,550 to complete the purchase of the property. Facts: 1. The City of Lynwood utilizes the purchase of available Cai Trans property to address its housing and community development needs and strategies. 2. The City of Lynwood receives an annual allocation of HOME funds to be used for the purpose of developing affordable housing. 3. The federal regulations requires that 15% of the annual HOME Program allocation must be reserved to a qualified Community Development Housing Organization (CHDO) to develop affordable housing. 4. On February 9, 2005, Cai Trans identified surplus property located at 4267 Fernwood that was available for purchase by the City on a right of first refusal basis. 5. On February 15, 2005, City Council approved a resolution the authorizing the execution of a Purchase and Sale Agreement with Cai Trans and approving an allocation of $17,950 for 10% of the appraised property value. 6. To complete the purchase, the balance of the purchase price, $161,550, is due to Cai Trans by April 30, 2005. Analysis: The property is located at 4267 Fernwood Avenue, north of the 105 Freeway, east of Harris Avenue. The property is a vacant rectangular parcel zoned R-1 and totals approximately 8,157 square feet. To purchase the property, Cai Trans requested a resolution from the City Council authorizing the purchase of the property for the development of affordable housing. This action was completed by the Council meeting on February 15, 2005. The approval also included authorization to execute a Purchase and Sale Agreement with Cai Trans for ten percent of the appraised property value, $179,950. The total estimated property value is $179,500 and to complete the purchase the balance of the appraised value, $161,550 is due to Cai Trans on or before April 30, 2005. The funding source for the acquisition will be CHDO HOME funds. The City has reserved HOME funds from its annual allocations and in an agreement with Access Community Housing, Inc., a non-profit community housing development organization, to utilize the funding to develop new affordable housing. For your reference are attached a copy of the resolution, a copy of the Purchase and Sale Agreement with Cai Trans and a map of the subject property. Recommendation Staff respectfully requests that after consideration, the City Council approve the attached resolution approving the purchase of vacant Gal Trans property at 4267 Fernwood Avenue and authorize the allocation of HOME funds in the amount of $161,500 to complete the purchase. Attachments: 1. Resolution 2. Purchase and Sale Agreement with Cai Trans 3. Project Location Map 4. Cai Trans Property Sale Information RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF CAL TRANS PROPERTY LOCATED AT 4267 FERNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING WHEREAS, the City of Lynwood utilizes the purchase of vacant property from the State Department of Transportation to address its housing and community development needs; and, WHEREAS, the State Department of Transportation has vacant property that is available to be purchased by the City of Lynwood; and, WHEREAS, the City Council authorized the execution of a Purchase and Sale Agreement with Cai Trans and authorized the allocation of $17,950 as a deposit for the purchase of the property located at 4267 Fernwood. WHEREAS, the City receives an annual allocation of federal funds under the Home Investment Partnerships (HOME) Program for the purpose of developing affordable housing for Iow to moderate income persons; and WHEREAS, the City Council approved a HOME Fund and Commitment Agreement on July 6, 2004 with Access Community Housing, Inc., a non profit organization, committing CHDO HOME funds for the purpose of developing affordable housing for Iow income households and, WHEREAS, the State Department of Transportation has requested the balance of the purchase price to complete the acquisition of the property on or before April 30, 2005. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: Section 1. The City Council approves the purchase of the vacant Cai Trans property located at 4267 Fernwood Avenue in the amount of $179,500 for the purpose of developing affordable housing for Iow income households. Section 2. The City Council approves the allocation of HOME Funds in the amount of $161,550 as the balance of the purchase price to complete the acquisition of the property with the State of California, Department of Transportation. Section 3. The Affordable Housing to be developed on said property will remain affordable to Iow income households for a fifteen year period. PASSED, APPROVED, and ADOPTED this 19th day of April, 2005. Ramon Rodriguez, Mayor ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT City Attorney Louis Morales, Redevelopment Director STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY- DD-062233-01-01 In this Agreement dated February 9, 2005, by and between the City of Lynwood, hereinafter known as "Buyer" and State of California, Department of Transportation, hereinafter known as "Seller", the parties agree as follows: For the sum of, One Hundred Seventy-Nine Thousand Five Hundred Dollars, ($179,500.00), Buyer hereby agrees to purchase and Seller hereby agrees to sell all of Lot 98 of Tract No. 8716, as shown on map recorded in Book 145, pages 63 and 64 of Maps, in the office of the County Recorder of said County and legally described in Director's Deed No. DD-062233-01-01 consisting of approximately 8,157 square feet of land, hereinafter referred to as the "Property. Subject to the following conditions: I Tendered with this agreement is a non-refundable deposit of Seventeen Thousand Nine Hundred Fifty Dollars ($17,950.00), due on or before February 28, 2005. The balance of the purchase price, One Hundred sixty-one Thousand Five Hundred Fifty Dollars ($161~550.00) is due on or before April 30, 2005. The payment shall be made to the State of California, Department of Transportation, and delivered to the State of California, Depm'hnent of Transportation, Southern Right of Way Region, Excess Land Sales, 21073 Pathfinder Road, Suite 100, Diamond Bar, CA 91765. II All sales made subject to the approval of the California Transportation Commission, (CTC). In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest. III The governing body of the Buyer agrees to provide a resolution, which shall state that the property will be used for public purposes. The resolution shall state the specific use, Low and Moderate Income Housing, (Government Code Section 54221 D), as defined in Health and Safety Code 50093. IV The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph IV below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay no escrow fees. V The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees are forwarded, and Buyer shall submit to the Seller upon demand. VI The Buyer expressly understands that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. Page 1 of 2 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD-062233-01-01 VII The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. VIII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the title of the property being conveyed shall not pass until the Director's Deed has been recorded. The Buyer shall not take possession of the property until the Director's Deed is recorded. IX Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers, agents and employees free and hmmless from and against any and all liabilities, damages, claims, costs and expenses, (including without limitation, attorney's fees, legal expenses, consultant's fees and investigation and remediation costs) arising in whole or in-part from the existence of hazardous substance, or hazardous substance conditions. This indemnity is intended to address that liability for which seller may be responsible arising solely out of its mere ownership of said real property. This provision shall survive transfer of title of the said real property and any rescission of the said transfer. "Hazardous Substance" shall mean any substance whose nature and / or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts as now in effect. Hazardous Substance Condition shall mean the existence on or under, said property of a hazardous substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to applicable law. The temis and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. BUYER: THE CITY OF LYNWOOD Date SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATION Geri Moore, Chief Excess Land Sales Southern R/W Region Date ~ age Z of 2 RESOLUTION NO. 2005.026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF CAL TRAINS PROPERTY LOCATED AT 4267 FERNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING WHEREAS, the City of Lynwood utilizes the purchase of vacant property from the State Department of Transportation to address its housing and community development needs; and, WHEREAS, the State Department of Transportation has vacant property that is available to be purchased by the City of Lynwood; and, WI-I~REAS, The Department of Hous'ing and Urban Development Section 24 CFR Part 92 has established regulations for the administration of the federally funded and entitlement grant programs offered to the City; and WHEREAS, the City receives an annual allocation of federal funds under the Home Investment Partnerships (HOME) Program for the purpose of developing affordable housing for low to moderate income persons; and WHEREAS, the City Council approved a HOME Fund and Commitment Agreement on July 6, 2004 with Access Community Housing, Inc., a non profit organization, committing $104,250 for the purpose of developing affordable housing for low income households; and, WHEREAS, the State Depamnent of Transportation requested formal action by the Lynwood City Council to implement the purchase of the property. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: .Section I. The City Council approves the purchase of the vacant property located at 4267 Femwood Avenue in the City of Lynwood for the purpose of developing affordable housing for low income households. .Section 2. The Interim City Manager is authorized to execute a Purchase Agreement with the State Department of Transportation for ten percent of the appraised property value. Section 3. The City Council approves the allocation of HOME Funds in the amount of $104,250 for the purchase of the property. Section 4. The affordable housing to be developed on said property will remain affordable to low income households for a fifteen year period. PASSED, APPROVED, and ADOPTED~~ Februmae-~005. ~ Ramon Roc~t'~ez~Mayor ~ Andrea L. Hooper, City Clerk (~..J~seph Wang,~;~nX2ity Mana~r APPROVED AS TO FORM: City Attorney APPROVED AS 2~) CONT~T 5~'~ ales, Redevelopment Director 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 15th day of February 2005 AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROORIGUEZ Andrea L. Hooper, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City. do hereby cer'[ify that the above and foregoing is a full, true and correct copy of Resolution No. ?005.026 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 15th day of February ~, 2005 Andrea L. Hooper, City Clerk Date: To: From: By: Subject: April 19, 2005 Honorable Mayor and Members of thC"C~,~uncil N. Enrique Martinez, City Manager~/~/../~//'~'//o /'f'f'f'f'f'f'f'f'f~ Jim Given, Director of Recreation & Community Services Request from Lynwood Chamber of Commerce For a Memorial Day Carnival May 26-30, 2005 BACKGROUND The Lynwood Chamber of Commerce is requesting a permit to conduct a carnival in the parking lot of the Lynwood Community Center on the Memorial Day Weekend beginning on Thursday, May 26 through Monday, May 30, 2005. The purpose of the event is to help raise funds for the Lynwood Chamber of Commerce Scholarship Fund. ANALYSIS The carnival would be conducted on the west to northwest portions of the Community Center parking lot only, leaving space to the southeast for patron parking. No street closure of any kind is being requested to accommodate this activity. City staff has determined that the conduction of the carnival at this location will not negatively impact City programming on the dates requested by the Lynwood Chamber of Commerce. This is an event that has occurred in previous years on private property throughout the city, however, due to new construction at locations that carnivals had been conducted at in the past, available space for purposes such as this one is limited. For events such as this the Sheriff Department has recommended that a minimum of two (2) uniformed security officers be required by the proponent beyond the security that is regularly provided by the carnival company during the entirety of the duration of the activity. City staff feels that this requirement is prudent. RECOMMENDATION Staff recommends that the City Council approve this request with the following conditions: 1. The proponent must meet the City of Lynwood permit requirements including the payment of all permit fees. 2. The carnival must provide liability insurance in the amount of no less than $1 million listing the City of Lynwood as additional insured. 3. The proponent agrees to provide any requirements set forth by the Sheriff Department. 4. The proponent agrees to provide any requirements set forth by the Fire Department along with corresponding fees. 5. The proponent agrees to clean-up property after the event. Attachment: Application for Special Permit AGENDA ITEM Lynwood Chamber of Commerce Execu~fve Board of Director: Board of Directors: (310) 537-6484 · FAX (310) 537-8143 · P.O. BOX 763 · LYNWOOD, CA 90262 www. lynwoodchamber, org Apfil12,2005 Perry Brents Recreation Superintendem City of Lynwood Recreation Department 11301 Bullis Road Lynwood, CA 90262 Dear Perry, Please accept this correspondence as our official request to host a carnival at the City Park on Memorial Day Weekend, May 27, 28, 29 and 30. With the City's permission, we will be bringing in Carnival Midway Attractions; a company who has worked in Lynwood before. Please see the attachment for details on the carnival company and their proposed set up. Proceeds from the carnival will benefit the Chamber of Commeme's scholarship fund for Lynwood students. Please let me know if you require any more information fi.om us. You can contact me at (310) 537-6484. Mark Flores, // - Executive Director OUR MISSION: "To Unify The Lynwood Business Community For Its Economic Prosperity" CITY Of LYNWOOD APPLICATION FOR SPECIAL PERMIT 11330 BULLIS ROAD LYNWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: OCCUPAtiON: ~~ NUMBER OF PERSONS EMPLOYED: EVENT INFORMATION TYPE OF PERMIT REQUESTED: DATE(S) OF EVENT: HOURS OF OPERATION: ~./// ~ ADDRESS OF PROPOSED EVENT LOCATION: SPECIFIC AREA DESIGNATED FOR EVENT: IS STREET CLOSURE BEING REQUESTED: YES ~ (CIRCLE ONE) (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: /v"//~ HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE3 YES IF YES, WHERE AND WHEN: IS THIS A FOR-PROFIT OI~ROFiT EVEN~T~ (CIRCLE ONE) IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANIZATION BEING BENEFITED: ~CO~ ~¢~v~ ~ ~Vf~£ STATE NON-PROFITNUMBER: O'Z-~-~ ~ ~> IS a WAIVER OF FEES BEING REQUESTED: NO IF YES, EXPLAIN: A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AI~D COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIA~ FORFEITURE OF FEES AND DENIAL OF PERMIT. ~ FACTS WILL C~I~SE A )F AP~PJ~fC-~N T DATE I~A~IT~ DATE ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY AP~ROV~.. THIS PERMIT REQUIRES C rTY COUNCIL APPROVAL YOU V~qLL BE NOTIFIED~TDiNGLY. FOR CITY USE ONLY CITY CLERK: CONFLICT WITH PRIOR APPROVED EVENTS: YES IF CONFLICTS EXIST, DESCRIBE: EVENT DATE APPLICANT NO FIRE DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS FOR APPROVAL: SIGNATURE DATE SHERIFF'S DEPT: APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS FOR APPROVAL: SIGNATURE DATE PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS FOR APPROVAL: SIGNATURE DATE COMM, DEV. DEPT. APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS FOR APPROVAL: SIGNATURE DATE RECREATION DEPT. APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMMENTS:/CONDmONS FOR APPROVAL: APPROVED/DENIED BY CITY COUNCIL ON: APPLICANT NOTIFIED: SIGNATURE DATE Date: To: From: By: Subject: April 19, 2005 Honorable Mayor and Members of t~ ~¢ouncil N. Enrique Madinez, City Manager,/'../~(, .//~',/ ' /'/'(%.~O Jim Given, Director of Recreation/~ Corhr~unity Servic~ Request for Special Permit: Pro Cultura Dia Del Nino Parking Lot Festival April 29, 30 & May 1, 2005 PURPOSE To have the City Council consider a request from Leonardo Meza of Pro Cultura Promotions for a special permit to conduct a small festival to celebrate children. The event will be held in the north parking lot of the Compton Fashion Center near Orchard/Bullis, which is located within the Lynwood City limits, Friday, Saturday and Sunday, April 29, 30 and May 1, 2005. BACKGROUND Leonardo Meza is requesting to host a small festival to celebrate children as a promotion for the Compton Fashion Center. The festival would include a jumper, trampoline, face painting, mini show (30 minutes) in a 60x40 tent with dancers, clowns, magicians, singers, and would also include a maximum of (4) four exhibitor booths. Estimated attendance is approximately 200 persons daily. ANALYSIS The event will be held between the approximate hours of 12:00 noon and 7:00 p.m. Attached please find a copy of the layout of the area as provided by the proponent. This particular request will involve no street closures and involves the use of private property only for the event. The proponent of this event would also need to successfully complete the acquisition process for a City of Lynwood Special Permit including payment of any and all permit fees. The proponent would also need to meet any requirements set forth by the Fire Department including the payment of any applicable fees. Additionally, for an event of this nature the Sheriff Department has made it a policy to recommend that two (2) uniformed security guards be on duty during the entire time that the activity is taking place. City staff agrees that this would be prudent. Finally, staff is also concerned that the proponent takes steps to make sure that their activity does not adversely affect their neighboring residents and businesses. With this in mind, the proponent must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code. CONCLUSION/RECOMMENDATION Staff recommends that the City Council review this report and approve this request based upon the following conditions: 1. The proponent must agree to meet the City of Lynwood permit requirements 2. The proponent must agree to meet all requirements set forth by the Fire Department. 3. The proponent must agree to provide the security requirement set forth by i AGENDA the Sheriff Department. 4. The proponent must agree to keep the noise levels within those ~ ITEM rescri ed the, n ood, ni i , Code. Attach~ c:~ ~ General Infomiation Fact Sheet Event Name: Event Dates: Event Location: Dia del Nifio Friday, April 29 Saturday, April 30 Sunday, May 1 2:00pm- 7:00pm 2:00pm- 7:00pm 12 noon - 5:00pm Compton Fashion Center 2100 N. Long Beach Blvd Note: The event will be held in the north parking lot near Orchard / Bullis / Long Beach Blvd which is located within the Lynwood city limits. Event Description: Estimated Attendance: Event Organizer: Dia del Nifio is a small festival to celebrate children. April 29 is the national recognized day by the US Congress. The festival will feature the following activities: Jumper Arts & Crafts Trampoline Face Painting Mini-show (30 minutes in length) in a 60'x40' tent with dancers, clowns, magician, singers, etc Sponsor Exhibitor Booths - (maximum of 4) 200 people per day ProCultura Leonardo Meza Contact: 562.673.2022 CITY OF LYNWOOD APPLICATION FOR SPECIAL PERMIT 11330 BULLIS ROAD LYNWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: OCCUPATION: ~V"O ~/~ ~) ~ NUMBER OF PERSONS EMPLOYED: I SBE: (Stale Board of EQuahzallon Number) EVENTINFORMATION ADDRESS OF PROPOSED EVENT LOCAT,ON: SPECiFiC AREA DESIGNATED FOR EVENT ?~VV-~..,q ~o'T - Nov~¼ LoT IS STREET CLOSURE BEING REQUESTED: YES .~ (CIRCLE ONE) (IF YES. BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: r~ Io~ HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? ~'~ IS THIS A~OR NON-PROFIT EVENT? (CIRCLE ONE) iF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANIZATION BEING BENEFITED: STATE NON-PROFIT NUMBER: ADDRESS OF ORGANIZATION: PHONE: IS A WAIVER Of FEES BEING REQUESTED: YES ~ IF YES, EXPLAIN: NO A N:GOTIA'~1~D PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN TH~S/APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATF:~IAL FACT~V~Q/~AUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT. / / /¥~ ~, _ _ SIGNATURE OF' APPI.~I~ANT DATE SIGNATURE OF APPLICANT ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL THIS PERMIT REQUIRES CITY COUNCIL APPROVAL. YOU WILL EE NOTIFIED ACCORDINGLY DATE :a~l-q£ON ~N¥OI3ddV :NO ~ION~OO A. LIg A~ O~IN~O/Q~AO~ddV :9¥AOBdd¥ aOd SNOIIlaNOO/:S£N3~OD :SNOI£1ONOO Hl~ O~AOBdd¥ SNOUIQNOO ON/a~AO:,.Idd¥ 'zd:~a :'~¥AO~ddV ~10.:1SNOIJ. IONOO/:S..LN~I~IlalOO :SNOIIIONOO HIIM O~AO~ddV SNOI.LIONOg ON/a~AO~lddV .LdBO ABO :qVAO~4dd¥ ~O-~ SNOIIIONOO/:SIN3mmO3 :SNOIIIQNO3 HilM a3AO~ddV SNOIIIONOO ON/a3AOadd~ S~OM 3138nd alva :'IVAO~dd¥ ~O.::1SNOlilC]NOg/:S.I.N~O0 :SNOLLlaNO0 HJ. IM a:qAO~dd¥ SNOlilC]NO00N/C]~AO~ddV :±d.:"'J ~a~iYNglS :]VAO~dd¥ ~O.4 SNOI±IONO3/:S I NB~OO :SNOIIIONOO H/IM O~AO~dd¥ SNOI/IONOO ON/O~AO~ddV :ldBa B~I~ ON iN:lAB :~81~3S~O ' I SIX::! SZgl]dNOO .41 :SINBAB O~AO~ddV ~lOl~d Hi~ 1 glqdNO3 :~lO All3 X'INO :asn x.l.r', ao:l ~'. ORCHA~'D ST DATE: TO: FROM: BY: SUBJECT: April 19, 2005 THE HONORABLE MAYOR AND MF:zk~ERS OF THE CITY COUNCIL N. Enfique Martinez, City Manager]/~/(/~I[ Yadi Farhadi, P.E., Director of Environmental Services/City Engineer 77'/ Paul Nguyen, Public Works/Engineering Manager Lynwood Nature Park PURPOSE: To have the City Council review staff's report on the status of the Lynwood Nature Park Project and provide staff with direction as to how to proceed. BACKGROUND: On March 15, 2005, staff prepared and submitted a report on status of the Lynwood Nature Park Project to the City Council and requested the City Council's direction to proceed. The report provided details relative to the project grant and its deadlines, the City's efforts to acquire the necessary land from Caltrans as required by the grant and Caltrans' recent decision not to sell, and the proposed project from the City of South Gate/Rivers and Mountain Conservancy (RMC)/North East Trees (see Attachment "A"). The City Council discussed the project report and requested staff to bring back the report with more information about the City of South Gate's project. The South Gate Riparian Habitat Restoration Project proposed by the City of South Gate aims to creatively reuse 12.5 acres of vacant land along the Los Angeles River with the purpose of restoring lost riparian habitat. This land comprises of 6.2 acres of Caltrans' drainage facilities along the 1-710 Freeway, 2.1 acres of land in the City of South Gate immediately to the west of the flood control channel and 4.2 acres of Caltrans' excess land located in the City of Lynwood boundaries that the City pursued to acquire. The project incorporates Best Management Practices (BMPs) for watershed management utilizing the positive effects of biofiltration and storm water detention. The project design seeks to establish locally appropriate native riparian habitat using current seasonal water availability. The proposed drainage system would redirect stormwater runoff from the Caltrans freeway drainage system into the project site in a stream filled with native vegetation, to a clay-lined wetland of willows and cottonwoods. The runoff benefits from the biofiltering effects of the vegetation, and gradually flows to an filtration area of native riparian scrub. Attachment "B" shows the project design concept and cost estimates. Cou05028naturepark8 Staff has met with representatives from the City of South Gate, RMC and North East Trees to discuss land tenure and projected site maintenance cost. It was indicated to staff that the City of South Gate is willing to be the sole lessee for the Caltrans' excess land. It will then enter into an agreement with the City of Lynwood for the maintenance of the project site. North East Trees will provide site maintenance at an annual estimated cost of $36,000. Because of its large initial capital outlay ($1,500,000) the City of South Gate is expecting the City of Lynwood to pay 75% of this cost, which would amount to $27,000/year. ANALYSIS: In view of the fact that the Lynwood will not posses the necessary land to develop the Lynwood Nature Park as stipulated in the state grant and that the City of South Gate/RMC/North East Trees are proceeding toward implementation of the wet land restoration project, the following are options available to the City: City of Lynwoof to forfeit the Lynwood Nature Park Grant' In this option, the City would loose the $152,000 grant from the State. However, if the wet land restoration project is completed by the City of South Gate, RMC and North East Trees, the intended purposes of this grant will be fulfilled and the project will benefit Lynwood residents. The City of Lynwood will not be obligated to share the maintenance cost of the project improvements. City of Lynwood to participate in City of South Gate's project: In this option, the City needs to immediately seek assistance from City of South Gate, RMC and Caltrans to request the state legislature to re-appropriate the grant. Because of City of South Gate's larger cost share portion and the City of Lynwood's lack of staffing resources, City of South Gate would act as the lead agency in this project. The City of Lynwood would assign its $152,000 grant to the City of South Gate for park development. This option will fulfill the objectives of the state grant and benefit Lynwood residents; however, the City will be obligated to a long term share of the maintenance cost of the park with South Gate, which would amount to $27,000/year. The City Attorney will need to prepare this maintenance agreement. Staff is recommending that the City Council select Option 1. RECOMMENDATION: Staff recommends that the City Council review staff's report concerning the Lynwood Nature Park Project and provide staff with direction to proceed. Cou05028naturepark CouO5028naturepark8 DATE: TO: FROM: BY: SUBJECT: March 15, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim City Manager Yadi Farhadi, P.E., Director of Environmental Services/City Engineer77',/,5=.'/~ Paul Nguyen, Public Works/Engineering Manager ' Lynwood Nature Park PURPOSE: To have the City Council review staff's report on the status of the Lynwood Nature Park Project and provide staff with direction as to how to proceed. BACKGROUND: On March 20, 2001, the City submitted a grant application to the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy Group for the construction of the Lynwood Nature Park. The proposed park would be located on Caltrans' excess land east of the 710 Freeway and south of Imperial Highway (see Attachment "A"). The grant application was for $936,000 of the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Bond Act of 2000, which included $784,000 for the purchase of Caltrans' excess land for the park site and $152,000 for the park construction. In January 2002, the State Resources Agency awarded the grant to the City in the amount of $152,000 for the park construction only. This grant has been extended by the State since its award and will expire by May 1, 2005. During the grant application process, the state agency encouraged the City to acquire the necessary land for the park site from Caltrans. After contacting and negotiating with Caltrans, staff reached an agreement with Caltrans by which Caltrans agreed to sell the needed excess land to the City for a sum of $500. The excess land purchase was approved by the City Council on September 18,2001 by Resolution 2001-099. The land purchase agreement was executed and land payment was received by Caltrans. The City expected Caltrans to proceed with the land sale by performing the site clearing and certifying that the site is clean and free from hazardous waste/materials. Shortly afterward, staff received invitation from the City of South Gate to attend a number of meetings to discuss a proposed joint project to develop the Caltrans' excess land in question. This project entails a much larger scope of work which involves wet land restoration improvements. The project development would also include the City of South Gate, Caltrans and North East Trees, a non-profit environmental group. City of South Gate would share the majority of the project funding. This project, ho~vever, did Cou05013 naturepark8 not materialize because of the City of South Gate's withdrawal from the prqject (see Attachment "B"). On August 22, 2002, staff received a letter from Caltrans expressing their intention to cancel the sale of their excess land to the City. Caltrans cited the need to keep this land to satisfy mitigation requirements on other projects as the reason for this action (see Attachment "C"). Subsequently, staff responded to Caltrans by reiterating the City Council's interest in pursuing this project and requesting Caltrans to complete the soil testing and finalize the land sale. On October 20, 2003, the City received a letter from Caltrans responding to this request. The letter language suggested that Caltrans continues honoring the previous land sale agreement, but advised the Citv that the sale was put on hold because the State did not have funds to complete th~ site investigations (see Attachment "D"). In the continued effort to facilitate the land acquisition, staff negotiated and secured a grant from the Rivers and Mountains Conservancy (RMC), a State Agency, and has completed the environmental clearance investigations of the subject site. The investigations indicate that the site contains higher than normal lead concentration, which requires soil removal and cleanup. Recently, the City of South Gate has renewed its interest in pursuing the implementation of the wet land restoration project mentioned above. The City of South Gate will dedicate $1.5 million of its Park Grant funds toward this project on top of a grant of $500,000 from RMC. On February 17, 2005, staff met with representatives from Caltrans, City of South Gate, RMC and North East Trees to discuss status of the excess land acquisition and the proposed wet land restoration project. In this meeting, Caltrans, informed staffthat it's no longer able to honor the land sale with Lynwood because of the future 1-710 Freeway expansion plan, which requires the use of the excess land in question (see Attachment "E"). Caltrans, however, offered a long term lease of this land to the City of Lynwood and City of South Gate for park purposes. ANALYSIS: In view of the fact that the Lynwood will not posses the necessary land to develop the Lynwood Nature Park as stipulated in the state grant and that the City of South Gate/RMC/North East Trees are proceeding toward implementation of the wet land restoration project, the following are options available to the City: City of Lynwoofto forfeit the Lynwood Nature Park Grant: In this option, the City would loose the $152,000 grant from the State. However, if the wet land restoration project is completed by the City of South Gate, RMC and North East Trees, the intended purposes of this grant will be fulfilled and the project will benefit Lynwood residents. The City of Lynwood will not be obligated to share the maintenance cost of the project improvements. Cou05013naturepark8 City of Lymvood to co-lease Caltrans' excess land: In this option, the City of Lynwood and the City of South Gate will be co-lessees in a long term lease with Caltrans for the excess land. Because of City of South Gate's larger cost share portion and because of The City of Lynwood's lack of staffing resources, City of South Gate would act as the lead agency in this project. The City of Lynwood would assign its $152,000 grant to the City of South Gate for park development. This option will fulfill the objectives of the state grant and benefit Lynwood residents; however, the City u,ill be obligated to a long term share of the maintenance cost of the park with South Gate. The maintenance cost is unknown at this time~ but can be expected to be considerable. Staff is recommending that the City Council select Option 1. RECOMMENDATION: Staff recommends that the City Council review staff' s report concerning the Lynwood Nature Park Project and provide staff with direction to proceed. Cou05013naturepark Cou05013naturepark8 'ON ~2,~'F~' 23S ~'JOl£~'fltH~f,]O0 ' ~0-' Z 'ON d '~ I~1 3':JS (..) Z z~ NOI L'~'KINIJ_N 0 9 ~ ~m04 A'~NMOa 'SOd 8650 OALIFORNIA AVENUE , SOUTH GAT'E, CA ~D280-3075, . ($2.3) 563-95~ FAX (323) 567-0725 OLIVER MUJICA Mr. Faustine Gonzales City Manager CITY OF L55xlWOOD 11330 Bullis Road Lynwood, CA 90262 Dear Mr. Gonzales: Jul3, 2, 2002 On behalf of the City of South Gate, this letter has been prepared to advise the City of Lynwood that we will no longer be pursuing the implementation of the South Gate Riparian Habitat Restoration Project. As you may be aware, the City of South Gate has received $1.5 million of 1996 Proposition A funds from the Los Angeles County Regional Park and Open Space District to develop Los Angeles River related projects which are consistent with the recommendations of the Los Angeles River Corridor Master Plan. Over the course of the past year, we have been working diligently with the Los Angeles and San Gabriel Rivers Watershed Council and North East Trees to develop a riparian habitat restoration project on the property located on the west side of the Los Angeles River south of Imperial Highway. As part of this effort, a report "South Gate Riparian Habitat Restoration Project"was prepared by North East Trees. This report has identified significant environmental and property ownership issues that have created a concern as to the City's ability to ultimately develop the riparian habitat restoration project within a reasonable time-frame and cost effective manner. At this time, the South Gate City Council has authorized the submittal of an amended application to the Los Angeles County Regional Park and Open Space District to transfer the awarded Proposition A funds to another project along the Los Angeles River. Therefore, we are currently in the process of preparing the necessary documents. Should you have any further questions regarding this matter, please do not hesitate to contact me directly at (323) 563-9562. Director of Egonomic Development JUL g 3 2002: ENVIROIq~,IENTAL SERVIO.~$ G~v6. m~rr C~LI, MF, t II~, - E,U~I, J~S ~, TRAH ~POP, I AT fOil A¢ iD HC,USt~ ~G AGEI h$, DEPARTMENT OF TRANSPORTATION SOUTHERN RIGHT OF WAY REGION District OF PJW Field O~Tce 120 South Spring Strew! Lox Anqe/e$, CA 90012-360~ Augnst 20, 2002 Joseph Y. Wang P.E. Director of Environmental Services/City Engineer City of Lynwood 11330 Bullis Rd. Lynwood, Ca. 90262 Re: ParceiDD 000001-01~01 City of Lynwood Purchase Dear Mr. Yang: I met with Diane Kane and some members of the Caltrans Environmental Unit last week at the Caltrans office at 120 So. Spring St. Diane had met ~vith representatives fi:om the City of Lynwood and the City of South Gate. I gathered from that meeting that the City of Lynwood had intended to purchase this property from Caltrans for ajoint use mitigation with the City of Southgate. It has since been decided by the two cities that there are insufficient funds for the cities to proceed on their own. They were requesting that Caltrans participate in the development of the wetlands mitigation site. It has been decided that Caltrans is interested in pursuing this project as there are mitigation requirements on some upcoming projects that Caltrans must satis .fy and obtaining rrfitigation credit for this site will held Caltrans meet these requirements. - In light of all these developments, it is my feeling that Caltrans discontinue the sale of this parcel to the City and hold it for mitigation use in conjunction w/th the larger arcels already owned by Lynwood and Sow~ ......... P mgate. Ir you concur with this assessment please let me know immediately so that I can process the refund for the fuhds y~u have sent to date. Please feel free to contact me if you have further questions. (213) 897-1770 · o_~ STA'*'- --BUSrNES$. TP_a2~$?OKTAY[ON ADT) HOI_rS~,JG DEPARTMENT OF TRANSPORTATION DISTRICT 7 r~ $, SPRING STREET S ANGELES, CA 90012-3606 PHONE (213) 897-0362 FAX (213) 89%0360 TTY (213) 897-4937 October 10, 2003 RECEIVED ENVIRONMENTAL SERVICES ,; Be ener~m; e.~2cienz ' Yadollah Farhadi City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Dear Mr. Farhadi: This is in response to your recent letter regarding excess land parcel DD 000001-01-01, located along the 710 fi:eeway and Imperial Highway. Unfortunately, Department of Transportation no longer has the funds to conduct a site investigation for this property and do not anticipate any funding for quite some time. The sale of the property will need to go into a hold category until such time that money becomes available to perform the site investigation. If at any time the City of Lynwood's priorities change and you are able to proceed with the investigation, please let us know. Thaxuk you for your interest in our excess land program. If you have any further questions, please contact Teresa Cota Arias, at (909) 468-1506. ATTACHMENT "Cc'hrans im~provex m~b~lh3~ across Calif arnia" S'FATE OF CALIFOF:ilIA - BUSh4ESS, TRANSF'ORTATIOii AND HOUSII,IG AGENCY DEPARTIV1ENT OF TRANSPORTATION SOUTHERN RIGHT OF WAY REGION 21073 PATHF NDER ROAD, SUITE 100 DIAMOND BAR, CA 91765 PHONE (909) 468-1500 FAX (909) 468-1501 TBD (800) 735-2929 February 18, 2005 Paul Nguyen Civil Engineering Associate City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Dear Mr. Nguyen: Thank you for coming to District 7 yesterday to discuss the sale of parcel number DD 000001- 01-01. As discussed, the Department is unable to sell this parcel to the City due to the future 710 truck lane expansion project. Since we must cancel the sale, we are processing the City's refund of $500 that had been previously paid by the City to purchase the property. The refund will take approximately four weeks. Even though we are not able to sell this property to the City, the Department looks forward to working with the City to lease this property. If you have any further questions regarding our excess land program please contact Geri Moore at (909) 468-5486. Sincerely, Carol DeVorkin Regional Real Property Services Manager Southern Right of Way Region A'T"TAEHH~.N'T "F--.." District 07 R/W Fi~ 801 South Grand Ave., 17' Floor Los Angeles, CA 90017 Phone: (213) 897-1773 r~~x: (213) 897-~603 District 08 R/vV Fiel~ 464 W. 4th Street, 12th Floor San Bernardino, CA 92401 Phone: (909) 383-6211 Fax: (!200) 383-'5877 District 12 R/W Field Office 3337 Michelson Drive, Suite 380 Irvine, CA 92612-1692 Pho~;e: (949) 724-2308 Fax: (949) 724-24~, 1 Utility Easement Industrial Use Park Nursery (leased from South Gate) Privately Owned Parcel o(e~t: Hollydale Key ~ 0 p'e~n S E 0