HomeMy Public PortalAbout06-07-2005CCThis 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 Off/ce 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 Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
AGENDA ~
ITEMS ON FILE FOR CONSIDERATION
AT THE REGULAR MEETING OF
THE LYNWOOD CITY COUNCIL
TO BE HELD ON
JUNE 7, 2005
COUNCIL CHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
5:00 P.M.
RAMON RODRIGUEZ
MAYOR
MARIA T, SANTILLAN
MAYOR PRO-TEM
CITY 0!" LYNWOOD
JUN 0 2 2005
FERNANDO PEDROZA COUNCILMEMBER
LOUIS BYRD
COUNCILMEMBER
LETIClA VASQUEZ
COUNCILMEMBER
CITY MANAGER
N. ENRIQUE MARTINEZ
CITY ATTORNEY
J. 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
Mayor Teacher Apple Award - Debbie Utani
Citizen Athlete of the Month - Jim Chambers
Rally behind the Resident Award - Chuck Wood
Mayor for a Day Award - Josue Lopez
City of Lynwood Coach of the Year Award - Ted Dugan
Compton Creek Watershed Management Plan
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 - May 3, 2005
PUBLIC HEARING
ZONE CHANGE NO. 2005-01 4335 - 4343 AGNES AVENUE
Comments:
The purpose of this item is for the City Council to conduct a public hearing to consider a
request to change the zoning designation for property located at 4335 - 4343 Agnes
Avenue from P-1 (Parking) to CB-1 (Controlled Business) in conjunction with a project to
develop a 4,100 square foot commercial building.
Recommendation:
Staff recommends that the City Council open the public hearing, accept oral and written
testimony, close the public hearing and introduce for first reading by title only the
attached ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD APPROVING ZONE CHANGE NO. 2005-01; CHANGING THE ZONING
DESIGNATION FROM P-1 (PARKING) TO CB-1 (CONTROLLED BUSINESS) ON AN
11,847 SQUARE FOOT PARCEL LOCATED AT 4335, 4337 AND 4343 AGNES
STREET, IN ORDER TO DEVELOP A 4,200 SQUARE FOOT COMMERCIAL
BUILDING, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6189-018-
030, 031 AND 047, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA".
10. VACATION Of ALLEY LOCATED BETWEEN THE FIRST ALLEY WEST OF ATLANTIC
AVENUE AND FIRST AVENUE, SOUTH OF BREWSTER AVENUE
Comments:
On April 19, 2005, the City Council adopted Resolution No. 2005-063 declaring its
intention to vacate the alley located south of Brewster Avenue between the first alley
west of Atlantic Avenue and First Avenue, and set this matter for a public hearing. On
May 17, 2005, the City Council held the public hearing and continued it to the June 7,
2005 meeting because of the objection raised by one of the abutting property owners.
This objection prevents the affected property owners from giving each other the
necessary mutual access. Staff has determined that the alley is still needed for traffic
circulation and therefore cannot be vacated.
Recommendation:
Staff recommends that the City Council abandon the intention to vacate and
abandonment of the alley located south of Brewster Avenue between the first alley west
of Atlantic Avenue and First Avenue.
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
11. APPROVAL OF THE WARRANT REGISTERS
Comments:
City of Lynwood warrant registers dated June 7, 2005 for FY 2004-2005.
Recommendation:
Staff recommends that the City Council approve the warrant registers.
12. LYNWOOD PARK IMPROVEMENT PROJECT
Comments:
The City received an allocation of $171,908 from the County Parks and Open space
District. Funds will be used for playground equipment upgrades and installation of lights
for one soccer field. This type of work involves specialty trades and requires highly
skilled technical and trained construction workers.
Recommendation:
Staff recommends that the City Council receive and file staff's report on the Lynwood
Park Improvement Project, Project No. 05-5310.
13. QUARTERLY CONTRACT CHANGE ORDER REPORT
14.
15.
Comments:
Staff has reviewed all Capital Improvement Projects and has identified two (2) contract
change orders, which were issued during the period from February 1, 2005 through April
30, 2005.
Recommendation:
Staff recommends that the City Council receive and file staff's quarterly contract change
order report for the period of February 1, 2005 through April 30, 2005.
SUMMER FOOD SERVICE AGREEMENT - LYNWOOD UNIFIED SCHOOL DISTRICT
Comments:
For the past fifteen (15) years, the City of Lynwood has been a local sponsoring agency
for the Summer Food Service Program funded through a grant received from the State
Department of Education. Food provided for the program must come from a certified
Vendor who has been approved by the California State Department of Education and the
United States Department of Agriculture (USDA). Lynwood Unified has been approved
for the Summer Food Service Program and was certified by the USDA as a Vendor for
the Summer Food Service Program.
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 ADOPTION OF AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE
LYNWOOD UNIFIED SCHOOL DISTRICT TO PROVIDE MEALS FOR THE SUMMER
FOOD SERVICE PROGRAM".
AWARD OF THE PURCHASE OF WATER METERS
Comments:
The Notice Inviting Bids for the Purchase of Water Meters was advertised in the Lynwood
Press Wave on May 5, 2005. A total of ten (10) bid packages were received by
suppliers. The bid opening was held in the office of City Clerk on May 24, 2005. Two (2)
suppliers submitted bids. The apparent lowest responsible bidder was Westerly Meter
Service Company.
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 FOR THE PURCHASE OF WATER METERS TO WESTERLY METER
SERVICE COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT".
16. GENERAL MUNICIPAL ELECTION
17.
18.
Comments:
The purpose of this item is to set Tuesday, November 8, 2005 as the date for the General
Municipal Election.
Recommendation:
Staff recommends that the City Council adopt the attached resolutions entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2005, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON THAT DATE,
PURSUANT TO SECTION 10403 OF THE ELECTION CODE", and
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 2005, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES".
DISCUSSION ITEMS
SPECIAL PERMIT REQUEST 11424 LONG BEACH BOULEVARD
Comments:
The purpose of this item is for the City Council to consider a special permit request to
conduct fortune telling activities to include crystal gazing, tarot cards, tea leaving, palm
reading, etc. from a retail botanical store located at 11424 Long Beach Boulevard in the
C-2 (Light Commercial) zone.
Recommendation:
Staff recommends that the City Council deny the special permit request.
YOUTH & FAMILY POLICY
Comments:
Because of the substantial number of users of the City's parks, community facilities as
well as programs in relation to the limited inventory of both facility as well as financial
resources, a comprehensive Youth & Family Policy would be an important tool to identify
considerations for prioritizing the usage of these resources in relation to recreation
programs as well as facility development.
Recommendation:
Staff recommends that the Council review the attached and consider one of the following
recommendations:
1. Refer the policy to the Parks and Recreation Commission for their review and input.
2. Refer the policy back to staff for inclusion of any Council input and direct staff to
return at a future meeting for ratification.
3. Ratify as presented.
19. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FY 2005-2006
20.
Comments:
This report recommends that the City Council approve the attached Engineer's Report for
the Lynwood Landscape Maintenance Assessment District and adopt a resolution of
intention, which sets this matter for a public hearing.
Recommendation:
Staff recommends that the City Council:
Provide direction to staff relative to the options listed for eliminating the deficit.
Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE REPORT
PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE,
SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON APRIL
19, 2005, RELATING TO LYNWOOD LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT", and
Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO
ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR
FISCAL YEAR 2005-2006 WITHIN LYNWOOD LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972", AS AMENDED, (COMMENCING WITH STREETS
AND HIGHWAYS CODE SECTION 22500 ET SEQ.), AND FIXING THE TIME
AND PLACE FOR HEARING PROTESTS AND OBJECTIONS".
OPTIONS TO ALLEVIATE VIOLATIONS RELATING TO ACTS OF PROSTITUTION
TAKING PLACE IN MOTELS
Comments:
The purpose of this item is to provide the City Council with options to alleviate violations
relating to acts of prostitution taking place in hotels/motels. Further, to request direction
from the City Council as to how it would like to proceed to combat a multitude of issues
arising from prostitution-related crimes.
Recommendation:
Staff recommends that the City Council review the following options and direct staff
accordingly:
To direct the City Attorney's Office to draft an ordinance regulating hotels/motels as
provided for in the options below and to work with staff regarding this issue, and to
direct the City Attorney's Office to work with staff and develop a proposed transient
occupancy tax for voter approval.
2. To direct the City Attorney's Office to draft an ordinance regulating hotels/motels as
provided for in the options below and to work with staff regarding this issue.
3. To direct the City Attorney's office to work with staff and develop a proposed transient
occupancy tax for voter approval.
4. To provide such other directions as the City Council may determine.
21.
A.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
RAMON RODRIGUEZ, MAYOR
MARIA T. SANTILLAN, MAYOR PRO-TEM
LOUIS BYRD, COUNClLMEMBER
FERNANDO PEDROZA, COUNCILMEMBER
LETICIA VASQUEZ, COUNCILMEMBER
CLOSED SESSION
CLOSED SESSION ITEMS
With respect to every item of business to be discussed in closed session pursuant to
Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator:
Employee Organization:
Gall L. Black
Lynwood Management Bargaining Group
Lynwood Employees' Association
B. 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: Hector Roddguez v. City of Lynwood
WCAB Case No. LAO 0822720
Name of Case: Thomas v. City of Lynwood
Case No. BC288238
C. With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: Director of Environmental Services/City Engineer
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON JUNE 21, 2005 AT 5:00 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPAP~.ED BY:
JUNE 7, 2005
Honorable Mayor & City Council Me~[nbagr~n
N. Enrique Martinez, City Mar~g/er~/~.~
Andrea L. Hooper, City Cler~( '
Lisa Esparza Minutes Clerk
SUBJECT:
Council Minutes
Recommendation: Staff recommends that the City Council approve the following
attached Minutes.
· Regular Meeting, May 3, 2005 (All Agencies)
Background: N/A
Discussion & Analysis: N/A
Fiscal Impact: N/A
Coordinated with: N/A
AGENDA
ITEM
LYNWOOD CITY COUNCIL
REGULAR MEETING
MAY 3, 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
5:15 p.m.
Mayor Rodriguez presiding.
Councilman Byrd, Pedroza, Santillan, Vasquez, and Rodriguez answered the roll call.
Also present were City Manager Martinet, 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: PROCLAMATIONS/PRESENTATIONS
· Janet Milligan
· Mayor Teacher Apple Award - Margaret Jackson
· Rally Behind the Resident Award - Ethel Pacheco
· Citizen Athlete of the Month - Juan Avila
· Erroll Tucker
· Senior Citizen Bingo Club
Item #7: COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY
LYNWOOD I/qFORMATION INC.
LYNWOOD PUBLIC FINANCE AUTHORITY
LYNWOOD UTILITY AUTHORITY
PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only)
Sylvia Herron -Discussed item 11 Warrant Registers, and item 16 Approval of the City of Lynwood's Draft. Five - Year Consolidated
Plan for fiscal years 2005-2010
Aide Castro - Spoke in favor of item 16 Approval of the City of Lynwood's Draft Five- Year Consolidated Plan for fiscal years 2005
- 2006.
PUBLIC ORAL COMMUNICATIONS
Tony Miranda - Spoke on allocating money to the LACS program.
Eugene Jackson - Spoke on allocating money to the LACS program.
Frank Calderon - Spoke on the Cinco de Mayo parade.
Lucinda Guerro - Spoke on the Natatorium and the swim team.
Dena - Stated that a City owned tree is cracking her driveway and is lifting her garage and would like some assistance with this
problem.
Maria Vasquez - Spoke on behalf of her neighborhood on Louise Street about the gangs and drug dealers.
Pearline Calderon - Announced the cancellation of the Senior Pageant.
Lorene Reed - Stated she wanted to publicly clear her name.
Jack Kean - Spoke on the City Mural and the SheriffDepartment.
Erroll Tucker - Thanked Council for their recognition and support of LACS.
PUBLIC HEARING
Item #8: MINUTES OF PREVIOUS MEETINGS
NONE
PUBLIC HEARING
It was moved by Member Pedroza, seconded by Member Byrd and carried to open the Public Hearing.
Aide Castro - Spoke against the item.
Item #9: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH WHISPERING GLEN, LLC FOR
THE DEVELOPMENT OF FORTY - SIX (46) HOUSES AT/NEAR THE NORTHWEST CORNER OF
ATLANTIC AND CARLIN AVENUES.
After Council discussion it was moved by general consent to continue this item to the
May 17, 2005 Council meeting and to continue the public hearing.
Item #10: FY 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
It was moved by Councilman Pedroza, seconded by Mayor Pro.Tem Santillan and carried
to open the Public Hearing.
It was moved by Councilman Pedroza, seconded by Mayor Rodriguez and carried to
Close Public hearing.
After Council discussion it was moved by Councilman Pedroza, seconded by Mayor
Rodriguez to adopt the resolution.
RESOLUTION NO. 2005.07I ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYI~VOOD
APPROVING THE APPLICATION SUBMITTAL AND APPROPRIATION OF
2005 EDWARD BYliNE MEMORIAL JUSTICE ASSISTANCE GRANT."
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 staffrequest specific items be
removed from the Consent Calendar for separate action.
It was moved by Councilman Pedroza, seconded by Mayor Pro- Tern Sanfillan to receive and file and adopt the following Resolution.
Item #11: APPROVAL OF THE WARRANT REGISTERS
RESOLUTION NO. 2005.072 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS THEREFORE."
Item #12: AWARD OF CONTRACT SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 5-5311
RESOLUTION NO. 2005.073 ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING THE CONTRACT FOR THE
SIDEWALK IMPROVEMENT PROJET NO. 5-5311, FY 2004-2005, TO NEWTECH ENGINEERING AND
CONSTRUCTION INC. AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT."
Item #13: APPROPRIATION AND TRANSFER OF FUNDS FOR STATE/SANTA FE IMPROVEMENT PROJECT,
PROJECT NO. 0%5213.
RESOLUTION NO. 2005.074 ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPIATE
AND TRANSFER $55,286 OF UNAPPROPRIATED GENERAL FUND AND
$403,563 OF UNAPPROPRIATED STPL FUNDS TO THE STATE/SANTA FE
IMPROVEMENT PROJECT, PROJECT NO. 05-52137'
Item #14: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5213 STATE STREET /
SANTA FE AVENUE.
RESOLUTION NO. 2005.075 ENTITLED:
"A RESOLUTION OF THE LYNVqOOD CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING A CONTRACT TO ALL AMERICAN ASPHALT, IN
THE AMOUNT OF $743,700.00 FOR THE STATE STREET/SANTA FE
AVENUE (LYNWOOD ROAD TO SOUTH CITY LIMIT) STREET
IMPROVEMENT PROJECT, PROJECT NUMBER 05-5213, AND
AUTHORIZING THE MAYOR OT EXECUTE THE AGREEMENT."
Replacement
Item #15: REPLACEMENT OF ONE 48-NCH DECK MOWER THROUGH INFORMAL BID PROCESS.
RESOLUTION NO. 2005.076 ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLlES
AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE
PURCHASE OF ONE 48 DECK MOWER."
Item #16:
APPROVAL OF THE CITY OF LYNWOOD DRAFT FIVE - YEAR CONSOLIDATED PLAN FOR HSCAL
YEARS 2005-2010 AND ANNUAL ACTION PLAN FOR FISCAL YEAR 2005 -2006
RESOLUTION NO. 2005.077 ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APROVING THE HUD CONSOLIDATED 2005-2010 STRATEGIC PLAN AND
2005-2006 ANNUAL PLAN."
ROLL CALL:
AYES:
NOES: NONE
ABSTAIN:
ABSENT:
COUNC1LMENBYRD, PEDROZA, SANTILLAN, VASQUEZ, ANDRODRIGUEZ
NONE
NONE
DISCUSSIONITEMS
Item #17:
APPROVAL FOR THE CITY OF LYNWOOD'S DRAFT ANALYSIS OF IMPEDIMENTS AND FAiR
HOUSING ACTION PLAN.
Deputy Director of Administration Services Potts - Gave a brief report and introduced a
consultant that helps with the report Mr. Castaneda.
Consultant Castaneda - Gave a brief report.
After Council discussion it was moved by Councilman Pedroza, seconded by Mayor
Rodriguez to approve the Analysis of Impediments and Fair Housing Action Plan and
authorize staffto submit the Housing Plan to HUD by the May 15, 2005 deadline, and to
adopt the following Resolution.
RESOLUTION NO. 2005.078 ENTITLED:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE ANALYSIS OF IMPEDIMENTS AND FAIR HOUSING
ACTION PLAN - FY 2005."
ROLL CALL:
AYES:
NOES: NONE
ABSTAIN:
ABSENT: NONE
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ
NONE
After Council discussion it was moved by Councilman Pedroza, seconded by
Councilman Byrd to revisit the Consent Calendar.
ROLL CALL:
AYES:
NOES: NONE
ABSTAIN:
ABSENT:
COUNCILMENBYRD, PEDROZA, SANTILLAN, VASQUEZ, ANDRODRIGUEZ
NONE
NONE
Councilwomen Vasquez pulled # 16
It was moved by Councilman Pedroza, seconded by Councilwoman Vasquez to approve items 11, 12, 13, 14, 15 on the Consent
Calendar.
ROLL CALL:
AYES:
NOES: NONE
ABSTAIN:
ABSENT: NONE
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ
NONE
Item #16:
APPROVAL OF THE CITY OF LYNWOOD DRAFT FIVE - YEAR CONSOLIDATED PLAN FOR FISCAL
YEARS 2005-2010 AND ANNUAL ACTION PLAN FOR FISCAL YEAR 2005 -2006
It was moved by Mayor Pro-Tem Santillan to approve funding for LACS in the amount
of $7,00.00 motion died for lack of a second.
After Council discussion it was moved by Councilwoman Vasquez, seconded by
Councilman Byrd to fund LACS in the amount of $15,000.00.
ROLL CALL:
AYES: COUNCILMEN BYRD, VASQUEZ,
NOES: COUNCILMEN PEDROZA, SANTILLAN, AND RODRIGUEZ
ABSTAIN: NONE
ABSENT: NONE
After Council discussion a Substitute motion was moved by Mayor Pro- Tern Santillan,
seconded by Councilman Pedroza to approve $7,000.00 dollars for LACS and to
revaluate the amount to $15,000.00 dollars at the next budget review.
ROLL CALL:
AYES: COUNCILMEN PEDROZA, VASQUEZ, AND RODRIGUEZ
NOES: COUNCILMEN BYRD, VASQUEZ
ABSTAIN: NONE
ABSENT: NONE Substitute motion passes
CLSOED SESSION
Item #18: CLOSED SESSION
A.With respect to every Rcm of business to bc discussed in closed session pursuant to Section 54957:
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: Director of Human Resources
8. With respect to every item of business to bc discussed in closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Gall L. Black
Employee Organization: Lynwood Management Bargaining Group
It was moved by Councilman Pedroza, seconded by Mayor Pro- Tern Sanfillan and carried to recess the Joint Closed Session
at 7:00 p.m.
Council reconvened at 8:15 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and stated on:
Item #18: CLOSED SESSION ITEMS
A. PUBLIC EMPLOYEE APPOINTMENT / EMPLOYMENT
Title: Director of Human Resources
Staff report was given, Council by ennsensus of 5 - 0 vote provided further instruction to staff regarding the
recruitment process for the Director of Human Resources
B. CONFERENCE WITH LABOR NEGOT/ATOR
Agency Negotiator: Gail L. Black
Employee Organization: Lynwood Management Bargaining Group
A status report was given to Council, by a consensus of 5-0 vote. Further instruction was given to Labor
Negotiator Special Counsel Mr. Chrysler
ADJOURNMENT
Having no further discussion, it was moved by Councilman Pedroza, seconded by Mayor Pro -Tern Santillan and carried to adjourn
the Regalar Council Meeting at 8:15 p.m. in memory ofBea Escofie.
Ramon Rodriguez, Mayor
Andrea L. Hooper, City Clerk
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
June 7, 2005
Honorable Mayor & City Council Me)~b_~
N. Enrique Martinez, City Manage,,r/,,Z,~,.-.//'/',,
Grant Taylor, Director of Development Services~,f.~=~T
Zone Change No. 2005-01
4335, 4337 & 4343 Agnes Street
Assessor Parcel Numbers 6189-018-030, 031, & 047
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, accept oral and
written testimony, close the public hearing and introduce for first reading and adoption
the attached ordinance approving Zone Change No. 2005-01.
BACKGROUND:
The Zone Change request is in conjunction with a project to construct two (2) commercial
buildings, one-story in height, that total 12,300 square feet in area. The property at 11833
Atlantic Avenue totals 19,802 square feet and would be developed with an 8,100 square
foot building. The property at 4335 - 4343 Agnes Street totals 11,847 square feet and
would be developed with a 4,200 square foot building. The project received approval by
the Lynwood Planning Commission on May 10, 2005 of three (3) zoning entitlements and
environmental review to include:
· Conditional Use Permit to construct commercial buildings;
· Tentative Parcel Map to consolidate thirteen (13) lots into two (2) parcels;
· Zone Change on Agnes Street from P-1 (Parking) to CB-1 (Controlled Business);
· Negative Declaration/Initial Study
The subject properties are vacant, total approximately 31,649 square feet in area and are
located on the northwest corner of Atlantic Avenue and Agnes Street in the CB-1
(Controlled Business) zone. In addition, portions of public alleys would be vacated to
provide unobstructed vehicle access and parking.
The properties were previously occupied by McDonald's Restaurant facing Atlantic and a
parking lot facing Agnes Street. The restaurant has been demolished and the parcels
surrounded by a chain link fence to discourage trespass and dumping.
H:\WORDF1LE~PLANNING\STAFFRPTm:2005.01.4335-41 agnes.council.6-7-05.~oc
On January 4, 2005 the Lynwood Redevelopment Agency provided conceptual approval
of the project and directed staff to proceed with zoning entitlements. -AGENDA
rrEM
q
DISCUSSION & ANALYSIS:
The project proposes to construct 12,300 square feet of building area for retail, office,
restaurant and commercial land uses. The building facing Atlantic Avenue would total
8,100 square feet and the building facing Agnes Street would total 4,200 square feet.
The two (2) site plans indicate the project would provide forty-nine (49) parking stalls
based on one (1) stall per 250 square feet of building area. Vehicle access would be
provided by three (3) driveways on Atlantic Avenue and one (1) driveway from Agnes
Street. In addition, access to the property could be made from alleys off First Avenue to
the west and Josephine Street to the north. The buildings would be set back with a
decorative landscape buffer adjacent to public right-of-ways and parking areas in front of
the buildings near the streets. Landscaping and permanent irrigation would be provided
at a minimum of seven percent (7%) of the gross lot area.
The two (2) floor plans identify multiple tenant retail buildings with twelve (12) tentative
tenant spaces. The actual number of business establishments would be based on
demand and use. The buildings would be set on the rear property line, however, the
twenty-foot (20') alleys would provide a buffer to the residential uses. Trash enclosures
would be located at the rear for screening and convenient pick up in the alleys.
The elevations indicate one-story structures with various building heights ranging from
18'-6" up to 30'-6 to the top of the roofline. The building exterior would consist of stucco
siding, pre-cast columns and Spanish roof tile. Decorative wall signs would be provided
pursuant to a comprehensive sign program.
The parcels located at 4335 - 4343 Agnes Street are currently zoned P-1. The
Lynwood Municipal Code only permits open parking or parking structures in the P-1
zone, therefore, a zone change is required to develop the commercial building. The
CB-1 (Controlled Business) zone is consistent with the parcel located at 11833 Atlantic
Avenue and is consistent with the west side of Atlantic Avenue from the I-105 (Century)
Freeway to Lavinia Street.
ENVIRONMENTAL ASSESSMENT:
The Development Services Department has determined the proposed project may have
potentially significant impacts on the environment, therefore an Initial Study was
performed, Mitigated Negative Declaration prepared and conditions of approval and
mitigation measures incorporated into the project to reduce potential impacts to a level of
insignificance pursuant to the California Environmental Quality Act (CEQA) Guidelines.
H:\WORDFILEh°LANNING\STAFFRPT~zc2005-01.4335-41 agncs.council.6-7-05.~oc
FISCAL IMPACT:
No impact. The applicant pays a fee of $4,831.00 to recover costs associated with
processing the zone change, a conditional use permit, tentative parcel map and
environmental review and documentation.
COORDINATED WITH:
The Site Plan Review Committee to include: · Planning
· Building & Safety
· Code Enforcement
· Environmental Services
· Redevelopment
· Los Angeles County Fire Department
Attachments:
1. Location Map
2. Ordinance - ZC 2005-01
3. Resolution 3075 - CUP 2005-11
4. Negative Declaration/Initial Study
5. Plans (Site, Floor, Elevations, Subdivision)
H:\WORDFILE~PLANNING\STAFFRPT~2005-O1.4335.41agnes.council.6.7.05.~oc
LOCATION MAP
60
- dOSEPHINE /
ALLEY
47
48
AGNES
ALLEY
S~. o
N
CascNo. CUP 2005-11, TPM 2005-02 & ZC 2005-01
SiteAddrcss: 11833 ATLANTIC AVE. & 4335 -4343 AGNES ST.
Applicant Name: JAY FALAMAKI & MEHDI REZZAGHI
[ ] 300' or [ ] 500'RadiusMap
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING ZONE CHANGE NO. 2005-01;
CHANGING THE ZONING DESIGNATION FROM P-1
(PARKING) TO CB-I (CONTROLLED BUSINESS) ON AN
11,847 SQUARE FOOT PARCEL LOCATED AT 4335, 4337,
AND 4343 AGNES STREET, IN ORDER TO DEVELOP A
4,200 SQUARE FOOT COMMERCIAL BUILDING,
FURTHER DESCRIBED AS ASSESSOR PARCEL
NUMBERS 6189-018-030, 031 AND 047, CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a
duly noticed public hearing on May 10, 2005 and recommended that the City Council
approve Zone Change No. 2005-01; and
WHEREAS, the Lynwood City Council has carefully considered all oral and written
testimony offered at the public hearing; and
WHEREAS, the Lynwood City Council has determined that a CB-1 (Controlled
Business) zoning designation for the subject property would be consistent with the
Lynwood General Plan Land Use Map Designation of Commercial and would be an
appropriate location for a commercial retail project; and
WHEREAS, the Development Services Department has determined that the
project may have potentially significant impacts on the environment, therefore an Initial
Study was performed, Mitigated Negative Declaration prepared and conditions of
approval and mitigation measures incorporated into the project to reduce potential
impacts to a level of insignificance pursuant to the California Environmental Quality Act
(CEQA) Guidelines.
H:\WORDFILEXPLANNING~RESOS\ord.zc2005-01.433541 agnes.doc
-1~
Section 1.
as follows:
The City Council of the City of Lynwood hereby finds and determines
Bo
C°
A CB-1 (Controlled Business) zoning designation of the subject property
would be consistent with the Lynwood General Plan Land Use Map.
The CB-1 (Controlled Business) zoning designation is consistent with
existing development in the vicinity.
The CB-1 (Controlled Business) zoning will be consistent with goals and
policies set forth in the Lynwood General Plan Land Use and Economic
Development Elements.
The CB-1 (Controlled Business) zoning designation will not be detrimental
to the properties surrounding the site and would not negatively impact the
public health, safety, or welfare or properties in the vicinity.
Section 2. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held on the ~ day of
,2005 and adopted and ordered published at a regular meeting of said
City Council on the , day of ,2005.
ATTEST:
RAMON RODRIGUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER, City Clerk
City of Lynwood
N. ENRIQUE MARTINEZ, City Manager
City of Lynwood
GRANT TAYLOR, Director
Development Services Department
ARNOLDO BELTRAN, City Attorney
City of Lynwood
H:\WORDF1LE~PLANNING~RESOS~ord.zc2005.01.4335-41 agnes.doe
-2-
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Ordinance 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:
ABSTAIN:
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 Ordinance No. on file in my office and that said ordinance was
adopted on the date and by the vote therein stated.
Dated this day of ,2005.
City Clerk, City of Lynwood
H:\WORDF[LE~PLANN]NG~X~ESOS\°rd'zc2005'01'4335-41agnes'd°c - 3 -
RESOLUTTON 3075
A RESOLUTION OF THE LYNWOOD PLANNING
COMMISSION APPROVING CONDI'rlONAL USE PERMIT
NO. 2005-11; TO CONSTRUCT TWO (2) COMMERCIAL
BUiLDiNGS, ONE-STORY iN HEIGHT, ON TWO (2)
SEPARATE PARCELS TOTALING 12,300 SQUARE FEET iN
AREA LOCATED AT 11833 ATLANTIC AVENUE AND 4335
- 4343 AGNES STREET iN THE CB-1 (CONTROLLED
BUSINESS) ZONE. THE PROPERTY FACING ATLANTIC
AVENUE WOULD BE DEVELOPED WTTH AN 8,100
SQUARE FOOT BUiLDiNG AND THE PROPERTY FACING
AGNES STREET WiLL BE DEVELOPED WTTH A 4,200
SQUARE FOOT BUILDING. THE PROJECT iNCLUDES
CONSOLIDATTNG THIRTEEN (13) LOTS AND PORTIONS
OF PUBLIC ALLEYS iNTO TWO (2) PARCELS AND
CHANGING THE ZONING DESiGNATiON ON AGNES
STREET FROM P-1 (PARKING) TO CB-1 (CONTROLLED
BUSINESS). THE PROPERTY iS LOCATED ON THE
NORTHWEST CORNER OF ATLANTIC AVENUE AND
AGNES STREET, ASSESSOR PARCEL NUMBERS 6189'
018'030, 031, 046 AND 047, CiTY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALiFORNiA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, conducted a public
hearing on May 10, 2005, considered all public oral and written communication; and
WHEREAS, the Lynwood Planning Commission considered all public oral and written
testimony at the public hearing; and
WHEREAS, the Lynwood Redevelopment Agency provided development concept
approval of the project on January 4, 2005; and
WHEREAS, the Development Services Department has determined that the project
may have significant impacts on the environment, therefore, an Initial Study was
performed, Negative Declaration prepared, and appropriate mitigation measures have been
included in the project to reduce potential impacts to a level of insignificance pursuant to
the provisions of the California Environmental Quality Act (CEQA).
Section 1. The Planning Commission of the City of Lynwood hereby
finds and determines as follows:
The granting of the proposed conditional use permit will not adversely affect the
comprehensive General Plan. The project is consistent with the Commercial
General Plan Land Use Map designation.
That the proposed location of the conditional use is in accord with the objectives
of this chapter and the purpose of the zone in which the site is located. All
development standards set forth in the Lynwood Municipal Code for the CB-1
zone have been satisfied.
That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity. Mitigation measures and conditions of approval have been included into
the project to reduce potential impacts to insignificant levels.
That the proposed conditional uses will comply with each of the applicable
provisions of this chapter. All development standards have been met.
Proper and reasonable provisions have been made for adequate ingress and
egress to the property, parking, setbacks, landscaping and other applicable
development standards.
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2005-11, subject to the following conditions:
CONDZTZONS OF APPROVAL
DEVELOPMENT SERVZC;:~ DEPARTMENT
The applicant, or his/her representative, shall sign a Statement of Acceptance stating
that he/she has read, understands, and agrees to the conditions included in this
Resolution prior to the issuance of any building permits.
The applicant shall meet the requirements of the Lynwood Municipal Code, the
California Building Code and the Los Angeles County Fire Code.
Any proposed subsequent modification of the subject site or structures thereon, shall
be first reported to the Community Development Department, Planning Division.
This conditional use permit is valid for one hundred eighty (180) days and shall
become null and void unless the applicant makes progress and is actively pursuing
use of such permit. This approval may be extended for an additional ninety (90)
days, provided that prior to the expiration date, a request for extension is filed with
the Planning Division in writing.
All conditions of approval shall be printed on the cover page of plans prior to
submittal to the Building and Safety Division for plan check.
PLANNZNG DzvzSZON
The applicant shall submit a detailed landscaping and permanent irrigation plan
prepared by a licensed landscape architect to be reviewed and approved by the
Development Services Department, Planning Division prior to the issuance of building
permits. Such landscaping shall occupy a minimum of seven percent (7%) of the
gross lot area.
All parking areas shall be permanently paved and maintained and shall be delineated
and equipped with bumper guards. Such parking areas shall be well illuminated and
secure as to prevent loitering and the attraction of public nuisances.
There shall be no outdoor storage of materials or equipment once the Certificate of
Occupancy is issued.
10.
11.
12.
13.
The business operators and/or property owners shall maintain a proactive approach
to the removal of graffiti. Graffiti shall be removed within twenty-four (24) hours.
A six-foot (67 chain fence shall be maintained around the property during
construction activities to prevent trespass and loitering.
Each parcel shall provide a minimum of one (1) trash enclosure accessible for
removal by the solid waste company. Such trash enclosures shall be constructed of
masonry walls on three sides, six feet (6~ in height, with solid sight obscuring gates.
The property owner shall only contract with Consolidated Waste Disposal.
The applicant shall submit a detailed and comprehensive sign program application.
Such sign program shall be reviewed and approved by the Development Services
Department, Planning Division to final approval. Each tenant or business shall
receive approval of a sign permit and plans prior to the installation of any signs.
The applicant shall submit a building exterior materials and color sample board.
Such materials and colors shall be subject to approval of the Lynwood
Redevelopment Agency.
14.
During construction, the contractor shall water exposed dirt areas on a daily basis in
order to reduce dust impacts on properties in the vicinity.
15.
Hours of construction shall be limited from 7:00 a.m. to 7:00 p.m. Monday through
Friday only.
16. The applicant shall submit a detailed security plan to include cameras, security
personnel and other proposed public safety measures.
17. The vehicle access areas shall have directional signs and directional arrows
delineated to provide safe flow of traffic.
18.
Prior to the issuance of building permits, the applicant shall submit a detailed and
comprehensive traffic and parking study identifying impacts and mitigation measures.
Such traffic parking study shall be reviewed and approved by the Development
Services Department, Planning Division.
19.
Prior to the issuance of building permits, the applicant shall submit a detailed and
comprehensive water and sewer study identifying impacts and mitigation measures.
Such water and sewer study shall be reviewed and approved by the Development
Services Department, Planning Division.
20. The property owner or tenants shall post no loitering signs and prevent persons from
loitering on the premises during business hours.
21.
Prior to the issuance of building permits, the applicant shall submit a detailed exterior
lighting plan. The lighting plan shall identify locations, intensity and shielding to
direct lighting inward and away from adjacent properties.
22.
A security person may reside at the location in a trailer. Such trailer shall be located
on private property and shall be removed upon issuance of the Certificate of
Occupancy.
BU1~LD~NG AND SAFETY DZV~$~ON
23.
All construction shall meet or exceed the minimum building standards that are
referenced in the following codes:
The Uniform Building Code - 2001 edition;
The Uniform Plumbing Code - 2001 edition;
The Uniform klechanical Code - 2001 edition;
The National Electric Code - 2001 edition;
The Los Angeles County Fire Code - 2001 edition;
All as amended by the California Building Code of 2001.
In case where the provisions of the California Building Code, the City of Lynwood
Municipal Code, or the plans or specifications in these plans may conflict, the more
restrictive provisions shall govern.
H:~WOR~FILE~LANNrNG~SOS~so3075 11 g33atlimic doe
4
REDEVELOPMENT AGENCY
24.
The project shall be developed in accordance with the concept approval granted by
the Lynwood Redevelopment Agency on 3anuary 4, 2005.
PUBLZC WORKS/ENG?NEERI'NG
25.
Site plan is incorrect. Correct the property dimensions and resubmit. Show only
pertinent proposed buildings.
26.
27.
Submission and recordation of a parcel map is required. Building permits will not be
issued prior to the recordation of a subdivision map.
Dedicate a five foot (57 wide strip of property along Atlantic Avenue fronting
development site.
28.
Dedicate required property at the northwest corner of Atlantic Avenue fronting
development site.
29.
30.
Submit a grading plan prepared and signed by a registered Civil Engineer. Grading
plan will be checked by Public Works Department. No building permits will be issued
prior to the approval of grading plan by the City Engineer.
Reconstruct damaged and substandard sidewalk along Atlantic Avenue, Agnes Street
and First Avenue.
31. Reconstruct damaged and substandard drive approaches per APWA standards.
32. Close existing drive approaches and construct proposed drive approaches per APWA
standards.
33.
34.
35
Grind and overlay two inch (2") minimum of pavement along Agnes Street fronting
the development from edge of gutter to edge of gutter.
Access through the rear alley is not allowed. Alley will be vacated in the future.
Connect to public sewer. Each building shall be connected separately. Construct
laterals as necessary. When connecting to an existing lateral, contractor shall verify
the size of such lateral and provide proof of its integrity. Minimum size required is
six inch (6'7.
36. Trim and root prune three (3) existing street trees and install root barriers at Agnes
Street.
37.
Remove existing street tree along Atlantic Avenue and along First Avenue.
Reconstruct damaged sidewalk, curb and pavement. Specific trees shall be marked
by the City.
38. Install six (6) 24" box street trees per APWA standards. Two (2) on Atlantic Avenue,
Two (2) on Agnes Street and two (2) on First Avenue.
39. Regrade parkway and landscape with grass.
40.
Provide and install one (1) marbelite street pole with light fixture, underground
services and conduits at northeast corner of Agnes Street and First Avenue.
41. Underground all utilities.
42. All Edison vaults and structures shall be placed underground.
43. A permit from the Engineering Division is required for all off-site improvements.
.4,4
All required water meters, meter service changes and/or fire protection lines shall be
installed by the developer. The work shall be performed by a licensed contractor
hired by the developer. The contractor must obtain a permit from the Public
Works/Engineering Division prior to performing any work.
45.
This development is subject to the City's Standard Urban Storm Water Mitigation Plan
Ordinance (SUSMP). Incorporate the SUSMP in the site grading plan for City's
approval.
46.
This project may be subject to the City of Lynwood construction and demolition
ordinance. Determination shall be made upon submittal of project costs estimate to
the Department of Environmental Services.
47.
Portion of the alley west of Atlantic Avenue, north of Agnes Street, between alley
north of Agnes Street and Agnes Street has been previously vacated. Grading Plan
shall include proposed drainage of vacated alleys to accommodate any proposed
improvements.
48.
Grind and overlay alleys one and one-half inch (1 1/2'9 minimum north of Agnes
Street between Atlantic Avenue and Agnes Street, south of 3osephine Street
reconstruct concrete longitudinal gutters.
49.
Widen Atlantic Avenue by two feet (29, street widening plan shall be submitted to
the Department of Environmental Services/Public Works for review and approval.
50.
As part of the Congestion Management Plan Mitigation (CMP) to offset CMP debit
incurred to the City and because of the effect of the proposed development, the
developer is required to implement a reasonable Congestion Management Plan. CMP
mitigation plan may include deposit of funds with the City for future traffic related
improvement to mitigate traffic congestion.
LOS ANGELES COUNTY Fi'RE DEPARTMENT
50. The applicant shall comply with all code requirements and conditions set forth by the
Los Angeles County Fire Department, Land Use and Engineering Divisions.
51.
Submit architectural drawings, including: site plan, floor plan, elevations, door and
window schedules to Fire Prevention Engineering, 5823 Rickenbacker Road,
Commerce, CA 900,10-3027, (323) 890-4125.
Section 3. A copy of Resolution 3075 and its conditions shall be delivered to the
applicant.
APPROVED AND ADOPTED this 10th day of May, 2005, by members of the
Lynwood Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Victor Gomez, Chairperson
Lynwood Planning Commission
APPROVED AS TO CONTENT:
APPROVED ASTO FORM:
Grant Taylor, Director
Development Services Department
Jennifer Mizrahi, Deputy City Attorney
Planning Commission Council
City of Lynwood
Development Services Department
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220, X289
NEGATIVE DECLARATION
County Clerk
County of Los Angeles
500 West Temple
Los Angeles, CA 90012
RE: Negative Declaration for two (2) commercial buildings, one-story in height,
consisting of 12,300 square feet of building area on parcels totaling 31,649 square feet in
area.
To Whom It May Concern:
Application has been filed with the City of Lynwood for approval of the project known as
the Conditional Use Permit No. 2005-11, Tentative Parcel Map No. 2005-02 (p62471)
and Zone Change No. 2005-01, located at 11833 Atlantic Avenue and 4335 - 4343 Agnes
Street within the CB-1 (Controlled Business) and P-1 (Parking) zones, and to be
implemented by the City of Lynwood Development of Development Services.
The project is briefly described as:
A COMMERCIAL SHOPPING CENTER: Construction of two (2) commercial
buildings, one-story in height, totaling 12,300 square feet on property totaling 31,649
square feet in area. The property facing Atlantic Avenue totals 19,802 square feet and
would be developed with an 8,100 square foot building; the property facing Agnes Street
totals 11,847 square feet and would be developed with a 4,200 square foot building.
Forty-nine (49) parking stalls would be provided with landscaping around the perimeter.
ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and possible
significant impacts were identified pertaining to Transportation/Circulation, Noise, and
Aesthetics. Mitigation measures have been included in the project that will be
implemented and monitored to reduce potential impacts to a level of insignificance.
In accordance with the authority and criteria contained in the California Environmental
Quality Act (CEQA) Guidelines, and the Development Services Department, Planning
Division of the City of Lynwood. Staff analyzed the project and determined that the
project will not have a significant impact on the environment. Based on this finding, the
Department prepared and hereby filed this NEGATIVE DECLARATION.
h:\wordfile\plantmmg~formsLnegdec doc
Revised 07-27-08
Negative Declaration- 11833 Atlantic Ave.
March 16, 2005
Page 2
A period of twenty-one (21) working days from the date of filing of this NEGATIVE
DECLARATION would be provided to enable public review of the project specifications
and this document prior to action on the project by the City of Lynwood. A copy of the
project specifications is on file in the offices of the Department of Environmental
Services, City Hall Annex, 11330 Bullis Road, Lynwood, Califomia, 90262 (310) 603-
0220, Extension 278.
It is the finding of the City of Lynwood that the project will not have a significant effect
on the environment. The Mitigation Measures included in the attached Initial Study
reduce the impacts to insignificant levels. The above finding is based on the following:
A. The site of the project is adequate in size and shape to accommodate the
commercial shopping center.
B. The proposed project, as conditioned, will reduce potential significant impacts to
a level of insignificance. Conditions of approval would be made a part of the
project and will be implemented and monitored.
C. The proposed project will not have a negative impact on the value of the
surrounding properties or interfere with or endanger the health, safety or welfare
or persons residing or working in the vicinity.
D. The commercial shopping center will not adversely affect the comprehensive
General Plan as the project is consistent with the Public Facilities land use
designation.
E. The location of the project and conditions under which it would be operated are in
accord with the requirements of the Zoning Ordinance and the purpose of the
Public Facilities zone in which the site is located.
F. The project will be easily accessible and provide vital services and opportunities
for residents and visitors.
This Document, the Notice of Determination and Initial Study are being filed in duplicate.
Prepared and filed by:
The Dev~opmc~__Se~q~^Departm~nt, Planning Division
Grant Taylor, Dir~ect~evelopment Services Depmhnent
h :\wordfile~plannning~forma~n~gde~.doc
07-27-98
1)
2)
3)
4)
5)
6)
7)
8)
ZNTTTAL STUDY
Environmental Checklist
Project Title:
Conditional Use Permit No. 2005-11
Tentative Parcel Map No. 2005-02 (062471)
Zone Change No. 2005-01
Lead Agency Name and Address:
City of Lynwood
Development Services Department
11330 Bullis Road
Lynwood, CA 90262
Contact Person, Title and Phone Number:
Grant Taylor, Director of Development Services
(310) 603-0220, Ext. 287
Project Location:
11833 Atlantic Avenue (APN 6189-018-046)
4335 - 4343 Agnes Steet (APN's 6189-018-030, 031 & 047)
Project Sponsor's Name and Address:
3ay Falamaki - Architect
10951 Pico Boulevard, #326
Los Angeles, CA 90064
(310) 475-2255
General Plan Designation:
Commercial
Mehdi Razzaghi - Owner
20 Santa Catalina Drive
Rancho Palos Verdes, CA 90275
(310) 714-5136
Zoning:
CB-1 (Controlled Business)
P-1 (Parking)
Description of Project: (Describe the whole action involved, including but not limited to later phase
of the project, and any secondary, support, or off-site features necessary for its implementation. Attacl
additional sheets if necessary).
Construct two (2) commercial buildings, one-story in height, totaling 12,300 square feet on propert,
totaling 31,649 square feet in area. The property facing Atlantic Avenue totals 19,802 square feet ant
would be developed with an 8,100 square foot building; the property facing Agnes Street totals 11,84:
square feet and would be developed with a 4,200 square foot building. Forty-nine (49) parking stall=
would be provided with landscaping around the perimeter of the subject properties.
9) Surrounding Land Uses and Setting: (Briefly describe the project's surroundings).
The project area is located on the northwest corner of Atlantic Avenue and Agnes Street in the CB-
(Controlled Business) and P-! (Parking) zones. The Lynwood General Plan Land Use Map Designationi
Commercial that is consistent with the zoning. To the north are commercial offices in the CB-1 zone;
the south is a commercial market in the CB-1 zone; to the west are single-family residences in the R-
zone; and to the east are a mixture of commercial uses in the CB-1 zone.
lo)
Other agencies whose approval is required: (e.g., permits, financing approval or participatio~
agreement).
Los Angeles County Fire Department
Los Angeles County Public Works
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least on~
impact that is a "Potentially Significant Tmpact" as indicated by the checklist on the following pages.
__Land Use and Planning
X Transportation/Circulation
Public Services
Population and Housing
Biological Resources
Utilities & Service Systems
Geological Problems
Energy & Mineral Resource
X Aesthetics
Water Hazards Cultural Resources
Air C)uality X Noise Recreation
Mandatory Findings of Significance
Determination:
Cio be completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENV[RONMENTAL 1~MPACT REPORT is required.
I find that the proposed project MAY have a significant effect on the environment, but at least
one effect !) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL TMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WTLL NOT be a significant effect in this case because all potentially significant effects
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project.
Signatur,,~ - Date
GRANT TAYLOR, DIRECTOR
DEVELOPMENT SERWCES DEPARTMENT
C~TY OF LYNWOOD
Printed Name/'~tle For
Evaluation of Environmental Zmpacts:
2)
3)
5)
6)
A brief explanation is required for all answers except "No Impact" answers that are adequately supporte
by the information sources a lead agency cites in the parenthesis following each question. A "No Impact
answer if adequately supported if the referenced information sources show that the impact simply doe
not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "N,
Impact" answer should be explained where it is based on project-specific screening analysis).
All answers must take account of the whole action involved, including off-site as well as on-sitE
cumulative as well as project-level, indirect as well as direct, and construction as well as operation~
impacts.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant
If there are one or more "Potentially Significant Impact" entries when the determination is made, an EII
is required.
"Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigatio~
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact.
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect b
a less than significant level (mitigation measures from Section XV~I, "Earlier Analyses," may be cross
referenced).
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEC~A process, a~
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D;
Earlier analyses are discussed in Section XVII at the end of the checklist.
Lead agencies are encouraged to incorporate into the checklist references to information sources fc
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outsid,
document should, where appropriate, include a reference to the page or pages where the statement i
substantiated. A source list should be attached, and other sources used or individuals contacted shoul~
be cited in the discussion.
PotenUally
Significant
PotenUally Unless Less Than
Significant MiUgaUon Significant No
Zmpact Zncorporated ~mpact Tmpact
Xssues (and Supporting InformaUon Sources):
Would the proposal result in potential impacts involving:
T. LAND USE AND PLANNING. Would the proposal:
a)
b)
d)
Conflict with general plan designation or XX
zoning? (Source(s): )
Conflict with applicable environmental plans XX
or policies adopted by agencies with jurisdiction
over the project? ( )
Be incompaUble with existing land use in XX.
the vicinity? ( )
Analysis: The commercial project is adjacent to a single-family residential area. Mitigation measures would
implemented to protect the public peace, health, safety and welfare of such residences to include but not be limited
exterior lighting, landscaping, parking, traffic circulation, design, and noise.
Affect agricultural resources or operations XX
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)? ( )
Disrupt or divide the physical arrangement of XX
an established community (including a iow
income or minority community)? ( )
rT. POPULATZON AND HOUSING. Would the proposal:
a)
b)
c)
Cumulatively exceed official regional or local
population projections? ( )
Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)? ( )
Displace existing housing, especially affordable
housing? ( )
GEOLOGZC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
a)
b)
c)
d)
Fault rupture? ( ) )O(
Seismic ground shakJng? ( ) XX
Analysis: There are no active fault zones in the vicinity of the subject property. However, earthquakes of large magnitud
could create seismic ground shaking. Plans for the commercial buildings would be engineered to withstand potenti;
earthquake hazards in compliance with the California Building Code.
Seismic ground failure? ( ) XX
Seiche, tsunami, or volcanic hazard? ( ) X~
WATER.
b)
c)
d)
e)
PotenUally
Significant
PotenUally Unless Less Than
Significant MitigaUon Significant No
Impact Incorporated Impact Impact
Landslides or mudflows? ( ) XX
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? ( )
Analysis: Grading activities would subject the property to erosion during construction. A detailed grading and drainag
plan would be required by the Environmental Services Department. In addition, a Standard Urban Storm Water MJtigatio
Plan will be implemented pursuant to the State Regional Water Quality Control Board.
Subsidence of the land? ( ) XX
Expansive soils? ( ) XX
Analysis: Soils reports would be required for plan check pdor to issuance of building permits to ascertain expansive soils.
Unique geologic or physical features? ( ) XX
Analysis: Liquefaction is common in the City of Lynwood. Pdor to obtaining building permits, the applicant would b
required to submit soils reports for plan check.
Would the proposal result in:
Changes in absorption rates, drainage patterns, XX
or the rate and amount of surface runoff? ( )
Analysis: Construction of the commercial project and parking lot areas may alter drainage patterns. The City will requir
detailed grading and drainage plans to be plan checked, inspections and monitoring performed.
Exposure of people or property to water
related hazards such as flooding? ( )
Discharge into surface waters or other alteration
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)? ( )
Changes in the amount of surface water in
any water body? ( )
Changes in currents, or the course or direction
of water movements? ( )
Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations, or through substantial loss of
groundwater recharge capability? ( )
g) Altered direction or rate of flow of groundwater? XX
h) Impacts to groundwater quality? ( ) XX
i) Substantial reduction in the amount of
groundwater otherwise available for
public water supplies? ( )
PotenUally
Significant
PotenUally Unless Less Than
Significant MiUgaUon Significant No
%mpact Zncorporated Zmpact Zmpact
AZR QUALITY. Would the proposal:
a)
Violate any air quality standard or contribute to XX
an existing or projected air quality violation7 ( )
Expose sensitive receptors to pollutants? ( ) XX
Analysis: Days and hours of construction would be limited Monday through Friday 7:00 am to 7:00 pm and the City woul~
require the site to be watered daily to prevent fugitive dust emissions in the vicinity.
Alter air movement, moisture, or temperature, X~
or cause any change in dimate? ( )
b)
d) Create objectionable odors? (
TRANSPORTATZON/CZRCU LAT~ON,
Would the proposal result in:
a)
b)
c)
d)
) XX
Increased vehicle trips or traffic congestion? () X~
Analysis: Operation of a commercial shopping center with 12,300 square feet of building area may create substantia
vehicular movement and traffic in the area. In addition, streets servidng the commercial may be impacted to indud~
Atlantic Avenue, Agnes Street, .Josephine Street, Lavinia Avenue and First Avenue. The property is adequate in size t(
provide required vehicle access and provide applicable parking stalls. Level of service for the streets in the vidnity i~
between A and C and the additional traffic would not significantly impact the neighboring streets.
Hazards to safety from design features (e.g., X~.
sharp curves or dangerous intersection) or
incompatible uses (e.g., farm equipment)? ( )
Analysis: Directional signs will be installed at the driveway areas and in the commercial shopping center area to ensure
vehicle, pedestrian and bicycle safety.
Inadequate emergency access or access XX
to nearby uses? ( )
Insufficient parking capacity on-site or off-site? XX
Analysis: The project requires parking facilities to accommodate a variety of commercial retail uses. The project provides
forty-nine (49) parking stalls and adequate vehicle access aisles.
e) Hazards or barriers for pedestrians or bicyclists?
Conflicts with adopted policies supporting
alternative b'ansportation (e.g., bus turnouts,
bicycle racks)? ( )
g) Rail, waterborne or air traffic impacts? ( )
BZOLOGZCAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened, or rare sPeCies or their
habitats (including but not limited to plants, fish,
insects, animals, and birds)? ( )
b) Locally designated species (e.g., hedtage trees)? __
c) Locally designated natural communities
(e.g., oak forest, coastal habitat, etc.)? ( )
PotenUally
Significant
Zmpact
PotenUally
Significant
Unless
MiUgaUon
Incorporated
Less Than
Significant
Impact
No
Impact
Wetland habitat (e.g., marsh, riparian, and
vemal pool)? ( )
e) Wildlife dispersal or migration corridors? ( )
ENERGY AND MINERAL RESOURCES.
Would the pmposah
a) Conflict with adopted energy conservation plans? __
b) Use non-renewable resources in a wasteful and
inefficient manner? ( )
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? ( )
HAZARDS. Would the proposal involve:
a)
b)
c)
d)
e)
A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals, or radiation? ( )
poS~ble interference with an emergency response __
Plan or emergency evacuation plan? ( )
The creation of any health hazard or
potential health hazard? ( )
Exposure of people to existing sources
of potential health hazards? ( )
Increased fire hazard in areas with flammable
brush, grass, or trees? ( )
NOISE.
a)
b)
Would the proposal result in:
Increases in existing noise levels? ( ) XX
Analysis: Construction activities would raise noise levels in the short term. Days and hours of construction would b~
limited to protect adjacent properties. The commercial development may increase noise levels but such levels are no'
likely to be significant. There are a vadety of commercial uses in the vicinity.
Exposure of people to severe noise levels? ( ) XX
Analysis: The ambient noise level would increase during construction and in conjunction with the operation of;
commercial center. Limiting hours of construction and hours of operation would protect nearby residences.
XZ.
XZZ.
XZZZ.
PotenUally
Significant
Zmpact
PotenUally
Significant
Unless
MiUgaUon
Zncorporated
Less Than
Significant No
Impact Zmpact
PUBL/C SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? ( )
b) Police protec'don? (
c) Schools? ( )
d) hlaintenance of public facilities, including roads?
e)
Analysis: Increased vehicle traffic may require additional and more frequent road maintenance. Use of the commercJ~
center may impact the Jnfrasl~Jcture and require maintenance. The City of Lynwood Department of Environment~
Services will provide maintenance of the public dght of ways in the vicinity of the project. The City has adequat
resources to maintain the commercial center and property in the vicinity.
Other governmental services? ( )
u'r~L/T/E$ AND SERV/CE S¥SieM$. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilizes:
a)
b)
c)
d)
e)
Power or natural gas? ( ) XX
Communications systems? ( ) XX
Local or regional water treatment or X)(
distribution facilities? ( )
Storm water drainage? ( )
Solid waste disposal? ( ) XX
Analysis: The commercial center may increase solid waste but it is not anticipated to increase significantly. The City trasl
contractor will remove solid waste and the City will provide recycling in complying with Assembly Bill AB 939.
Local or regional water supplies? ( ) XX
AESTHEmzCS. Would the proposal:
a) Affect a scenic vista or scenic highway? ( )
b) Have a demonstrable negative aesthetic effect?
Analysis: The commercial center buildings would be one-story and total 12,300 square feet in areas. The projec
proposes structures that are attractive and architecturally compatible with the residences and businesses in the vicinity.
Create light or glare? ( ) )0(
Analysis: The commercial center would include extedor lighting and thereby create additional light and glare. A detaile(
lighting plan will be required prepared and implemented that shields and direc'cs lighting down and away from adjacen
XZV. CULTURAL RESOURCES. Would the proposal:
a)
b)
c)
d)
d)
Disturb paleontology resources? ( )
Disturb archaeological resources? ( )
Affect historical resources? ( )
Have the potential to cause a physical change
that would affect unique ethnic cultural values?
Restrict existing religious or sacred uses within
the potential impact area? ( )
RECREATZON. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? ( )
b) Affect existing recreational opportunities? ( )
XVZ. MANDATORY FZNDZNGS OF SZGNZFZCANCE.
b)
c)
d)
Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal,
or eliminate important examples of the major
pededs of California history or prehistory?
Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
Does the project have impacts that are
individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects.)
Does the project have environmental effects
which will cause substantial adverse affects
on human beings, either directly or indirectly?
Potentially
Significant
Zmp~ct
Potentially
Significant
Unless
Mitigation
Zncorporated
Less Than
Significant
Zmpact
No
Impact
EARLIER ANALYSZS.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one c
more effects have bccn adequately analyzed in an earlier EIR or negative declaration. Sectic
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b)
Zmpacts adequately addressed, Tdentify which effects from the above checklist were withi
the scope of and adequately analyzed in an earlier document pursuant to applicable leg~
standards, and state whether such effects were addressed by mitigation measures based on th
earlier analysis.
c)
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,
describe the mitigation measures which were incorporated or refined from the earlier documer
and the extent to which they address site-specific conditions for the project.
Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 2108~:
21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino, 202 CaI.App.3d 296 (19881
Leonoff v. Monterey Board of Supervisors, 222 CaI.App.3d 1337 (1990).
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
June 7, 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
Vacation of Alley Located Between the First Alley West of
Atlantic Avenue and First Avenue, South of Brewster Avenue
Recommendation:
Staff recommends that the City Council abandon the intention to vacate the alley
located south of Brewster Avenue between the first alley west of Atlantic Avenue
and First Avenue.
Background:
Staff 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. It is evident that the alley is needed by some residents for
access to their garages. Residents agreed to give each other the necessary
access to the alley. Notwithstanding such intentions, it is clear that there is an
existing need for circulation through the alley.
On April 19, 2005, the City Council adopted Resolution No. 2005-063 declaring
its intention to vacate this alley and set this matter for a public hearing. On May
17, 2005, the City Council held the public hearing and continued it to the June 7,
2005 meeting because of the objection raised by one of the abutting property
owners.
Discussion & Analysis:
Staff has determined that the alley is still needed for traffic circulation and
therefore cannot be vacated.
Fiscal Impact: None
Coordinated With: No other departments involved.
cou05046 Alley Vacation Brewster
AGENDA
ri'EM
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
June 7, 2005
Honorable Mayor & City Council Me;~e~s~j/~
N. Enrique Uartinez, City Manager/,/,.~.,////~/3/~
Christy Valencia, Deputy Director of Finance
Tamu Ledbetter, Accounting Technician ~,~,
Approval of the Warrant Register
Recommendation:
Staff respectfully recommends
warrant register.
that the Lynwood City Council approve the
..................... Attached Warrant Register dated June 7, 2005 ........................
AGENDA
ITEM
II
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AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
June 7, 2005
The Honorable Mayor and Member~f~-/~/Council
N. Enrique Martinez, City Manage.rf,/,/~ ,//'/'
Yadi Farhadi, P.E., Director of En~/ironmental Services/IVy' ~
City Engineer
Josef Kekula, Civil Engineering Associate
Lynwood Park Improvement Project
Recommendation:
Staff recommends that the City Council receive and file staffs report on the
Lynwood Park Improvement Project, Project No. 05-5310.
Background:
Last fiscal year, the Los Angeles County Regional Parks and Open Space
District allocated $171,908 of Proposition A Excess Funds to the City. These
funds may be utilized for any park or open space improvements, and unlike Prop
A funding, the Prop A Excess Funds do not have a mandatory youth hiring
requirement.
To receive the funds the City was required to apply. At the City Council meeting
of June 15, 2004, City Council authorized staff to apply for these funds for the
Lynwood Park Improvement Project. This project consists of two small projects:
1. Improvements and upgrades to the playground equipment
2. Installation of a soccer field lighting system to one field
Discussion & Analysis:
The construction bid package is currently being prepared. The bid opening is
tentatively scheduled for June 2005.
Based on staff's review of both projects, it was concluded that the type of work
associated with this project involves specialty trades and portions of the work
require highly skilled labor. In addition, there are safety concerns over the
Cou05042Lynprkimproveinfoitem
AGENDA
ITEM
electrical work and height and the urgency to meet the new playground safety
requirements and ADA compliance. For these reasons, it is not feasible to utilize
local youth for these two small projects.
The Los Angeles County Regional Parks and Open Space District has already
been notified that local youth cannot be utilized for this project. The County has
no objection to this and only requires that City Council be advised of this fact.
Fiscal Impact: None
Coordinated With: No other department involved.
CouO5042Lynprkimproveinfoitem
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
'PREPARED BY:
SUBJECT:
June 7, 2005
The Honorable Mayor and Member~f~')ty
Council
N. Enrique Martinez, City Manage~/r,~.,/~'/'I ~
Yadi Farhadi, P.E., Director of Environmental Services/~J
City Engineer
Josef Kekula, Civil Engineering Associate
QUARTERLY PROJECT CHANGE ORDER REPORT
(February 1, 2005 through April 30, 2005)
Recommendation:
Staff recommends that the City Council receive and file the quarterly contract
change order report for the period of February 1, 2005 through April 30, 2005.
Background:
On February 18, 1992, the City Council adopted Ordinance No. 1373 adding
Section 6-3.15 to the City of Lynwood Municipal Code pertaining to contract
change orders. The Code Section was subsequently revised by the City Council
on March 15, 1994 (Ordinance No. 1392) to increase the number of reports per
year to four.
Article F of said section specifies that the City Manager shall, not less than every
three months, report to the City Council through a special report on modifications
and change orders which were issued for capital improvement projects
implemented within that period.
On March 1, 2005 the City Council approved staffs report on all change orders
approved for the period from November 1, 2004 through January 31, 2005.
Discussion & Analysis:
Staff has reviewed all Capital Improvement Projects and has identified two (2)
contract change orders that were issued during the period from February 1, 2005
to April 30, 2005. One (1) contract change order was issued for the Carlin
H:\WORDFILE~PUBWORKS\COLrNCIL\Cou05044CCOrep.doc
AGENDA
ITEM
Avenue Improvement Project (see Attachment A), and one (1) contract change
order was issued for the Long Beach Boulevard Improvement Project (see
Attachment B).
Fiscal Impact: No impact, project budgets were adequate to cover change
orders.
Coordinated With: No other departments involved.
H:\WORDFILELPUBWORKS\COUNCIL\Cou05044CCOrep.doc
)NTRACT CHANGE ORD
CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
Date: Z,/2.8/ ~ ~6 Order No,:
Job Title: CARLIN *VE31UE STEEET IMPROVEMENT
/ Job No,: 05-5254
Plan Reference:
Item Reference:
The changes or interpretations described and noted herein are hereby authorized,
The signed original of this order is on file at the Office of the City Engineer.
Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost;
(4) Extension Of contract, if warranted. (5) New contract total including all change orders.
1. a. Unsuitable soil was discovered during construction which halted the paving
operation and made the contractor pull off the Job site.
b. Due to a couple of angle points along Carltn Avenue the striping requires
readjustment.
c. Due to the additional construction of a new cross gutter at Carlin and Waldorf
a new construction survey is ,squired.
d. It was noticed that after cold milling the street, a partial of asphalt base
material is not required.
2. a. Contmactor =o pull off the Job, s=op the paving and continue with paving
operation after replacement of the unsuitable soil, with compacted base.
b. Realig~ the striping per engineer's instructions.
c. Provide construction survey for the new cross-gutter.
d. Delete 175 tons of asphalt-concrete from contract.
(Use Reverse Side for SketCh)
Contractor '"'
Agent
ATTAChmenT A
ONTRACT CHANQE oRD9
OlD' OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
20F 2
Date: Z./~ ~/ l~'0~' Order No.: ! Job No,: 05-5254.
CARl, IH AVI2WUK STaR]iT [NPROvt~,Lq]Gq~
Job Title:
Plan Reference:
Item Reference:
The changes or interpretations dascdbed and noted herein are hereby authorized.
The signed original of this order is on file at the Office of the City Engineer.
Show as sepa. rate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost;
(4) Extension of contract, if warranted. (5) New contract total including all change orders.
a. Add 2nd. aove-~u $ 6533.44
b. Add Realignment $ 1784.40
c. Add Survey $ 1908.90
d. Delete 175 tons of A/C @ $45.00/ton $ (7875.00) (@ cent:tact: unit: price)
TOTAl. $ 2351.7~
4. No Days
5. Ortg~l Contrac~ $ 515,750.00
Th:l.8 Con~racC Change Order $ 2,351.71
$ 518,101.74
(Use Reverse Side for Sketch)
Protect Eng~eer
Director of Public Works
Contractor
NTRACTCHANGE ORD :
CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
Oat.:
Job T'Rle:
~ 2005 Order No.: 5 Job No.:
LONG BEACH BLVD. IMPROVEMENT PROJECT
PAGE 1 OF 2
Plan Reference:
Item Reference:
The changes or interpretations described and noted herein are hereby authorized.
The signed original of this order is on file at the Office of the City Engineer.
Show as se~. rate numbered paragraphs: (1) Reason ~r change; (0 Descri~ion ~ change; (2 Change in contract cost;
(4)Extansion~contm~,ifwarmnted. (~ New contractt~alincluding allchange o~ers.
1. a. Additional 2" service lines are needed to tie in to the main due
to grade change @ S/# corner of Long Beach Blvd. and Euclid Ave.
b. Existing concrete obstruction was buried and had to be removed.
c. Installation of new backflow preventer, which was not part of the
plans.
d. ~ditional fire hydrants fronting businesses are needed that
were not part of t_he plans.
e. During construction, it was noted that portion c.f C.M.B. is
not needed.
f. During clearing and grubbing, it was noted that the excavation
quantities will be reduced.
2o
Install 2" water service at 12613 Long Beach BI~. (S/W corner of
Long Beach Blvd. and Euclid Ave.) and connect to new water meter.
This work will be done on time and material bas:.s (T&M).
b. Remove and haul away buried concrete obstruction, this work will
be done on T&M basis.
Install city provided backflow preventer; connect to irrigation
main l~ne inside median island south of Euclid Avenue.
Install three (3) additional new fire hydrant a:ssemblies.
Locations are per Engineer's direction.
e. Eliminate the placement of portion of the C.M.B. per
Engineer~s inst~uctions. ~
f. Eliminate portion of the excavation per Engineer's instructions.
(Use Reverse Side for Sketch)
Director of Putolic WOrks
Contractor
)NTRACT CHANGE C
CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
PAGE 2 OF 2
Date:
JOb No.: 05-,5084
I ~Nt'~ RIc&~H RI VI"J .m._-m~R('JVFMJFN'T PROJECT
Job Title:
Plan Reference:
Item Reference:
The changes or interpretations described and noted herein are hereby authorized.
The signed original of this order is on file at the Office of the City Engineer.
Show as sepa. rate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost;
(4) Extension of contract, if warranted. (5) New contract total including all change orders.
3. a. 2" service @ T~ $2,523.00
b. Obstruction removal on T&M $2,815488
c. Installation of backflow on T&M . $1,188.79
d. Installation of 3 additional $15,000.00
fire hydrants @$5,000 EA.
(contract unit price)
Eliminate 400 tons of C.M.B.
@ contract tmit price of $20/ton
Eliminate 80 c.¥. of excavation
@ contract unit price of $85/c.¥.
TOTAL:
e. ($8,000.00)
f. ($6,800.00)
$6,727.67
4. a. 3 working days~
b. i working day
c. 3 wo=ktng days
d. 6 working
TOTAL 13 WORKING DAYS
5. Original Contract ~unt
Contract Change Order 1-4
This Change Order
$687,275.00
$60,628.42
$754,631.09
(Use Reverse Side for Sketch)
Pro~ectEngine~ _ /'--' /
Director of Public Works
Agent
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
June 7, 2005
Honorable Mayor & City Council M~T~J~,
N. Enrique Martinez, City ManagejfJ-~''//
Jim Given, Director-Recreation & Community Services
Perry Brents, Deputy Director
SUBJECT:
Summer Food Service Agreement -
Lynwood Unified School District
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
adoption of an agreement between the City of Lynwood and the Lynwood
Unified School District to provide meals for the Summer Food Service
Program".
Background:
For the past fifteen (15) years, the City of Lynwood has been a local sponsoring
agency for the Summer Food Service Program funded through a grant received
from the State Department of Education. Costs for meals are at a fixed rate
provided by the United States Department of Agriculture (USDA). Food
provided for the program must come from a certified Vendor who has been
approved by the California State Department of Education and the United States
Department of Agriculture (USDA).
Discussion & Analysis:
Lynwood Unified has been approved for the Summer Food Service Program and
was certified by the USDA as a Vendor for the Summer Food Service Program.
The Lynwood Unified School District is the responsible agency for the vending
operation for the City of Lynwood. Eligibility also includes having qualified staff
training. City Staff has completed training with the Califomia Department of
Education on the rules, regulations and reimbursement criteria and has
communicated with the Lynwood Unified School District to secure 2005
operations and logistics.
Fiscal Impact:
Cost to operate the program does not exceed $84,000 annually. The Program
serves approximately 16,500 lunches and 14,250 breakfasts annually. The
USDA reimbursement rate for 2005 is $1.42 for every breakfast and $2.48 for
every lunch served. Reimbursement for staff costs is $.1125 for every eligible
breakfast and $0.2150 for every eligible lunch. Reimbursement: $66,307. 00
Coordinated With: City Attorney
Finance Department
'-AGENDA
RESOUL~ON NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE ADOPTION OF AN AGREEMENT BETWEEN THE CITY
OF LYNWOOD AND THE LYNWOOD UNIFIED SCHOOL DISTRICT TO
PROVIDE MEALS FOR THE SUMMER FOOD SERVICE PROGRAM
WHEREAS, the United States Department of Agriculture ("USDA") makes
available funds to qualified agencies (the "Sponsor") to support a Summer food
Service Program (the "Program") which makes available meals to eligible
children at no cost; and
WHEREAS, food made available through the Program must come from a
certified vendor (the "Vendor") that has been approved by USDA and California
Department of Education; and
WHEREAS, the Lynwood Unified School District ("LUSD") is certified by
USDA as a Vendor and is likewise approved by the California Department of
Education; and
WHEREAS, for the past fifteen (15) years the City of Lynwood has been a
Sponsor of the Program and has obtained the assistance and cooperation of
LUSD in implementation of the Program to serve eligible children in the City of
Lynwood; and
WHEREAS, the City of Lynwood once again desires to avail itself of the
Program as a Sponsor and make use of the facilities and services of LUSD to
operate the Program in the area of food preparation, and LUSD is willing to
provide the services required of a Vendor in the implementation of the program;
and
WHEREAS, to implement the program and be eligible to receive the funding
for the Program from USDA the City of Lynwood must execute an agreement
with an approved Vendor for the food preparation component of the Program,
and such an agreement has been presented for the City of Lynwood to retain the
services of LUSD for this purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA, DOES HEREBY FIND, PROCLAIM AND RESOLVE
AS FOLLOWS:
Section 1. Implementation of the Summer Food Service Program to serve
eligible children in the City of Lynwood is in the best interests of the health, safety
and welfare of the residents of the City of Lynwood.
Section 2. The agreement presented with this Resolution to contract with
LU.S.D. for specific services in the implementation of the Program during the
months of June through September 2005 is approved.
PASSED, APPROVED AND ADOPTED THIS 7th day of June 2005.
ATTEST:
Ramon Rodriguez, Mayor
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
APPROVED AS TO FORM:
Arnoldo Beltran, City Attorney
Jim Given, Director '
_ion & Community Services
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Resolution was duly adopted by the City Council of the City of
Lynwood at a regular meeting held at City Hall on the 7th day of June 2005, and passed
by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
STATE OF CALIFORNIA
Andrea L. Hooper, City Clerk
}
}
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 7th day of June, 2005
Andrea L. Hooper, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into as of the 7th day of June, 2005 by
and between the CITY OF LYNWOOD, A MUNICIPAL CORPORATION
("SPONSOR") and the LYNWOOD UNIFIED SCHOOL DISTRICT OF LOS
ANGELES COUNTY (~VENDOR") pursuant to Resolution No. of the
City Council of the City of Lynwood adopted at its meeting held on the 7~ day of
June, 2005 and a minute order of the Board of Education of the Lynwood Unified
School District of Los Angeles County adopted at its meeting held on the 7th day
of June, 2005.
RECITALS
I. This Agreement is made with reference to the following facts
and objectives.
The United States Department of Agriculture (USDA) has made funds
available for a Summer Food Service Program to provide meals at no
cost to eligible children.
B. Sponsor has entered into an agreement with the Califomia Department
of Education to provide for the Administration of the Program.
Sponsor desires to enter into an Agreement with Vendor for the
preparation of meals pursuant to and in implementation of the
Program.
D. Vendor has a food service facility possessing the skilled personnel and
equipment necessary for the preparation of such meals.
II. MUTUAL OBLIGATIONS
VENDOR TO PREPARE. Vendor agrees to prepare and place in
containers provided by Sponsor such meals described hereinafter as
Sponsor may order from Vendor in the manner hereinafter as specified
for the Program. Vendor warrants that all meals prepared by it will be
wholesome, suitable for human consumption and that Vendor shall
meet all specifications and obligations under the existing regulations of
the USDA, or as amended, as are pertinent or applicable to the
Program ("Regulations").
CONSIDERATION. In consideration of the satisfactory performance of
Vendor's obligations pursuant to this Agreement, Sponsor shall pay to
Vendor the sum of $2.48 for each lunch and $1.42 for each breakfast
prepared for service at locations within the City of Lynwood. The
quantity shall not exceed three hundred (300) of each meal daily
except as may be mutually agreed upon by Sponsor and Vendor.
Sponsor's ordering of a quantity in excess of meals daily and Vendor's
providing thereof shall constitute such mutual agreement. In no event
shall Sponsor be liable or be required to pay for any meals which fail to
meet the requirements of the regulations, including those pertaining to
USDA nutritional requirements, such as meals of poor quality,
II1.
IV.
USDA nutritional requirements, such as meals of poor quality,
unwholesome or spoiled meals or portions thereof or damaged meals
or meals which otherwise fail to meet the requirements set forth in this
Agreement (when all required meal components are served by the
Sponsor).
PAYMENTS. Vendor expressly agrees that payment of such meals
provided under this Agreement shall be made by Sponsor within sixty
(60 days) after billing period. It is understood that the USDA assumes
no liability for payment of differences between the number of meals
delivered/prepared by Vendor and the number of meals served by the
Sponsor that are eligible for reimbursement.
ORDERING OF MEALS AND DELIVERY
A. ORDERING. Sponsor shall order from Vendor on a daily basis such
number of meals as are needed three (3) days in advance of service at
the location within the City of Lynwood. Each daily order may be
increased or decreased by Sponsor only upon notice given to Vendor
no later than 1:00 p.m. on the day prior to the day upon which such
increase or decrease is to take effect.
PICK UP AND DELIVERY. Sponsor agrees to deliver all meals
prepared for service at locations within the City of Lynwood on the day
of the actual service of such meals. All breakfasts and lunches shall be
available for pick-up by Sponsor at Vendor's loading dock no earlier
than 8:15 a.m. and no later than 9:15 a.m. for breakfasts and lunches
no earlier than 10:30 a.m. and no later than 11:45 a.m. on the day of
service. Times may be adjusted with consent of both the Vendor and
Sponsor.
PREPARATION OF MEALS: Vendor agrees to provide different menus
daily to prevent monotony in meals.
A. LUNCHES. All lunches shall meet the requirements of a USDA
reimbursable lunch, described generally as follows:
1. Eight (8) ounces fluid milk.
2. Two (2) ounces (edible portion as served) of meat or meat
alternate (fish, cheese or one (1) egg, one-half (1/2) cup
cooked dry beans or peas, or four (4) tablespoons of peanut
butter), or an equivalent.
3. Three-fourths (3/4) cup of two (2) or more fruits and/or
vegetables. A serving of full-strength fruit juice may be
counted to meet no more than three-eighths (3/8) cup of this
requirement.
4. One (1) slice of bread or equivalent made of whole grain or
enriched flour or meal.
BREAKFAST. All breakfast shall consist of the required number of the
following components:
1. Eight (8) ounces of fluid milk.
One (1) slice bread or equivalent made of whole grain or
enriched flour or meal, or three-quarters (3/4) cup of cooked
cereal.
D. PACKAGING.
1. Meals shall be packaged in a plastic bag or wrapped box by
Sponsor.
2. Each unit shall be capable of holding meals at a temperature
of 32 degrees minimum not to exceed 45 degrees maximum,
for a period of three (3) hours.
3.All sandwiches shall be individually wrapped and sealed.
4. An eight (8) ounce carton of milk shall be supplied with each
meal.
E. MENU CYCLE. Vendor shall provide lunches in accordance with menu
cycle mutually agreed upon in writing which may be repeated for the
duration of the program. Vendor shall provide hot lunches a minimum of
three (3) times per week throughout the Program as ordered by
Sponsor.
GENERAL FOOD HANDLING REQUIREMENTS
A. FOOD ANALYSIS. At the discretion of the Vendor, and at its own
expense, a random sampling of meals shall be sent to a recognized
laboratory for analysis of portions, bacteria, coliform and plate counts.
B. HEALTH REGULATION. All applicable health regulations will be
adhered to by Vendor at all times. Sponsor, state and federal program
authorities shall have the right to inspect Vendor's premises and
request formal inspections by health officials if deemed necessary.
Failure to comply with applicable health requirements shall result in
the termination of this Agreement.
C. PERMITS. Food handler's permits shall be required in accordance
with applicable requirements. Vendor shall have the responsibility to
ensure that its employees observe sanitary food handling practices.
D. HOLDING FACILITIES AND PACKAGING MATERIAL. Sponsor shall
provide satisfactory holding facilities such as styrofoam containers.
Packaging material shall be of strength sufficient to prevent crushing of
food.
E. QUALITY STANDARD. Quality standards shall adhere to state and
local specifications, and all meat by-products shall come from plants
inspected under a federally-approved inspection program.
F. TRANSPORTING AND FOOD SERVICE EQUIPMENT. All
transporting and other food services equipment shall be cleaned and
sanitized on a daily basis. If the condition of boxes becomes
unacceptable for food handling, the Sponsor agrees to replace
containers.
G. PACKING OF MEALS. Each individual meal (including beverage and
fresh fruit) shall be unitarily packaged by Sponsor. Vendor meals shall
be packaged in bulk. Sponsor shall see that all components are served.
Breakfast and lunch will be identified separately.
H. PREPARATION AND ASSEMBLY OF MEALS. Meals shall be
prepared under properly controlled temperatures. Assembly should
include necessary eating utensils, napkins, condiments, etc.
Assembled meals shall be held in properly refrigerated and/or heated
areas that meet sanitation standards. Samples of finished meal
packages in accordance with menus provided, shall be approved by
Sponsor and there shall be no deviation from the packaging presented
and approved.
I. PRODUCTS. All products shall be manufactured and assembled in
a USDA or County of Los Angeles Health Department approved and
inspected plant not more than twenty-four (24) hours prior to delivery.
Vendor shall furnish upon request and at Sponsor's expense a
microbial analysis, a chemical analysis and flavor analysis.
J. DONATION FOODS. USDA donation foods will be utilized as practical
in the program and in availability from the state.
K. MEALS. Vendor shall supply complete meals only. If any portion of
meal is undeliverable, unacceptable or missing, Sponsor shall disallow
payment of total meal unless the missing components are provided
before serving.
L. VERIFICATION. Verification of the number of boxes, as well as the
number of meals in each box, shall be made by Sponsor on the
Vendor's dock at the time of loading.
VI. RECORDS
MONTHLY RECORDS. In addition to any other records, books,
statements or invoices required to be kept by Vendor pursuant to this
Agreement, Vendor shall maintain such records (supported by
invoices, receipts or other documenting evidence) as Sponsor will
need to meet its responsibilities. Such information shall be reported by
the Vendor to the Sponsor within ten (10) days.
KEEPING OF RECORDS. Vendor shall keep full and accurate records
in connection with the meals covered by this Agreement. All such
records shall be kept on file for three (3) years after the end of federal
fiscal year to which they pertain or any other period which the
Secretary of Agriculture may from time to time designate. Sponsor or
the auditors of USDA/California Department of Education, upon
request, shall have access to all such records for audit and review at a
reasonable time and place. Sponsor's authorized representatives and
the representatives of USDAJCalifornia Department of Education shall
have the right to conduct on-site review of the food service operation.
VII.
GENERAL PROVISIONS
A. TERM AND TERMINATION. The term of this agreement shall
commence June 7, 2005, and shall terminate September 9, 2005,
provided, however, that either Sponsor or Vendor may terminate this
agreement by giving to the other party at least seventy-two (72) hours
prior written notice thereof. Meals will be served Monday through
Friday, except July 4 and September 5, 2005.
B. CONTINGENT OF STATE/FEDERAL AGREEMENTS.
Sponsor and Vendor understand and agree that this agreement is
contingent upon the execution of underlying agreements with the
United States Department of Agriculture or agencies thereof.
Consequently, neither Sponsor nor Vendor shall have obligation to
perform, and this agreement shall be of no force and effect until such
time as such underlying agreements have been duly executed. Upon
demand, Sponsor shall supply Vendor with copies thereof.
C. HOLD HARMLESS. Vendor agrees to indemnify and hold harmless
Sponsor, its agents, employees and officers against any and all
claims, demands, damages, liabilities, costs, suits or expenses, arising
out of any act or omission of any officer, agent or employee of Vendor
or resulting from the condition of any property owned or controlled by
Vendor. Sponsor agrees to indemnify and hold harmless Vendor, its
agents, employees and officers against any and all claims, demands,
damages, liabilities, cost, suits, or expenses arising out of any act or
omission of any officer or employee of Sponsor or resulting from the
condition of any property owned or controlled by Sponsor.
D. STATUS OF VENDOR. Neither Vendor nor any of its officers,
employees or agents are, nor shall they be deemed for any purpose,
employees of Sponsor nor shall they be entitled to any rights,
benefits or privileges of Sponsor's employees.
E. NON-ASSIGNMENT/SUBCONTRACTORS. This Agreement is non-
assignable without the prior written consent of Sponsor's City Council.
Any attempt by Vendor to assign any of its duties, obligations and
responsibilities shall be void and shall render this Agreement void
forthwith.
F. TIME OF ESSENCE. Time is of the essence in the performance of
Vendor of its obligation hereunder.
G. REMEDY FOR NON-PERFORMANCE. In the event Vendor fails to
perform any or all of the tasks required by this Agreement, Sponsor
reserves the right to perform such tasks not performed by Vendor.
Vendor shall be liable to Sponsor for all reasonable costs incurred in
such performance. Sponsor shall not exercise any remedy available
upon the occurrence of Vendor's failure to perform until:
1. Written notice specifying any/all items of non-
performance is given to Vendor; and
2. Vendor shall have failed to correct the specified items
of non-performance within forty-eight (48) hours of
notice thereof.
H. ADMINISTRATION. Any other designee(s) of the City Manager is
authorized and directed for and on behalf of the City, to administer this
Agreement and all related matters; and any decision of the City
Manager or his designee(s) in connection herewith shall be final.
I. NOTICES. Unless otherwise required by the context of specific
provision of this Agreement, all notices or communications hereunder
shall be in writing and shall be deemed duly given if personally
delivered or mailed first class, postage prepaid to the following
addresses:
Sponsor
City of Lynwood
Attn: Recreation
11330 Bullis Road
Lynwood, CA 90262
Vendor
Lynwood Unified School District
Attn: Food Services
11321 Bullis Road
Lynwood, CA 90262
SPONSOR:
City of Lynwood, a Municipal Corporation
BY:
Ramon Rodriguez, Mayor
Date
Attest:
BY:
Andrea L. Hooper, City Clerk Date
The foregoing Agreement is hereby approved as to form: This 7th day of June,
2005
Approved as to Content:
Jim Given, Director
Recreation & Community Services Department
CITY OF LYNWOOD
Date
VENDOR:
Lynwood Unified School District of Los Angeles County
BY:
Dr. Dyhan Lal, Superintendent Date
ATTENTION: PERRY BRENTS
To: Sponsor: City of Lynwood
Recreation & Community Services Department
11301 Bullis Road
Lynwood, CA 90262
ATTENTION: OFFICE OF BUSINESS SERVICES
To Vendor Lynwood Unified School District
11321 Bullis Road
Lynwood, CA 90262
SPONSOR:
City of Lynwood, a Municipal Corporation
BY:
Attest:
BY:
Mayor Date
City Clerk Date
The foregoing Agreement is hereby approved as to form: This 7th day of June,
2005
Approved as to Content:
Director of Recreation & Community Services Department
Date
CITY OF LYNWOOD
VENDOR:
Lynwood Unified School District of Los Angeles County
BY:
Superintendent Date
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
June 7, 2005
Honorable Mayor & City Council
N. Enrique Martinez, City Manag~,~__,./,~,~'/~'- ~ [)~'~' re ~'
Yadi Farhadi, P.E., Director of Environmental Services/City Eng~e~r
Jose Molina, Utility Services Manager
Award of the Purchase of Water Meters
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 FOR THE PURCHASE OF WATER METERS TO WESTERLY METER
SERVICE COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT".
Background:
In order to improve the City's water distribution system, 1,550 old water meters need to
be replaced.
The required funds to complete replacement of the old meters with new meters are
available in the Environmental Services/Water Division account.
The Notice Inviting Bids for the Purchase of Water Meters was advertised on May 5,
2005 in the Lynwood Press Wave. A total of ten (10) bid packages were received by
suppliers. The bid opening was held in the office of the City Clerk on May 24, 2005.
Two (2) suppliers submitted bids:
SUPPLIERS
BASE BID QUOTE
Westerly Meter service Company
Aqua Metric Sales Company
$ 77,025.00
$ 95,779.0O
Discussion & Analysis:
Westerly Meter service Company is the apparent lowest responsible bidder at
$ 77,025.O0
AGENDA
ITEM
15
Fiscal Impact:
The Purchase of Water Meter does not create any impact on the City's budget because
the funds have been already available..
Coordinated With Other Departments: Not applicable.
Cou05000WaterMeterPurchaseAwardcc
I--
Z
LIJ
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING A CONTRACT FOR THE PURCHASE
OF WATER METERS TO WESTERLY METER SERVICE
COMPANY ANDAUTHORIZlNG THE MAYOR TO EXECUTE
THE AGREEMENT.
WHEREAS, the replacement of old water meters is required to insure the
efficiency of the City's water distribution system; and
WHEREAS, the required funds to complete the purchase of the water
meters are available in the Environmental Services/Water Division account; and
WHEREAS, the Notice Inviting Bids for the purchase of water meters was
advertised on May 5, 2005; and
WHEREAS, the bid opening was held on May 24, 2005 and Westerly
Meter service Company was the apparent lowest responsible bidder at $ 77,025.00;
and
NOW, THEREFORE, the City Council does hereby resolve, order, and
determine as follows:
Section 1. That the Contract for the Purchase of Water Meters be
awarded to Westerly Meter Service Company.
Section 2. That the Mayor is hereby authorized to execute the contract
agreement with Westerly Meter Service Company.
PASSED, APPROVED and ADOPTED this 7th day of June, 2005.
ATTEST:
RAMON RODRIGUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER, City Clerk
N. ENRIQUE MARTINEZ
City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney
City of Lynwood
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
) ss.
)
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
City of Lynwood
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:
ABSTAIN:
ABSENT:
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
City Clerk, City of Lynwood
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
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
May 31, 2005
Honorable Mayor & City Council Me,,~,~
N. Enrique Martinez, City Managey~/~,.-///.
Andrea L. Hooper, City Clerl~
Ofelia Munoz, City Clerk Assistant
SUBJECT:
General Municipal Election
Recommendation: Staff recommends that the City Council adopt the attached
two (2) resolutions calling for the General Municipal Election.
Background: N/A
Discussion & Analysis: On Tuesday, November 8, 2005 there will be a General
Municipal Election in the City of Lynwood for three (3) members of the City
Council.
Fiscal Impact: $70,000.00 necessary appropriation from the General Fund to
cover expenses incurred by the City Clerk relating to the General Municipal
Election.
Coordinated With: Los Angeles Registrar Recorders Office
A{3ENDA
ITEM
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2005, WITH THE SCHOOL DISTRICT ELECTION
TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Lynwood called a General Municipal
Election~to be held on November 8, 2005, for the purpose of electing three members of
the City Eouncil, each to hold office for a term of four years ending in November 2009;
and
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the School District Election to be held on the same date, that within the City the
precincts, polling places, and election officers of the two elections be the same, that the
Los Angeles County Election Department canvass the returns of the General Municipal
election, and that the election be held in all respects as if there were only one election;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. Pursuant to the requirements of Section 10403 of the Elections
Code, the Los Angeles County Board of Supervisors is requested to consent and agree to
the consolidation of the General Municipal Election with the School District Election to
be held on Tuesday, November 8, 2005, for the purpose of electing three members of the
City Council, each to hold office for a term of four years.
Section 2. The Los Angeles County Election Department is authorized to
c~mvass the returns of the General Municipal Election. The election will be held in all
respects as if there were only one election, and only one form of ballot will be used.
Section 3. The Los Angeles County Board of Supervisors is requested to issue
instructions to the County election Department to take any and all steps necessary for the
holding of this consolidated election.
Section 4. The City of Lynwood recognizes that additional costs will be
incurred by the Los Angeles County by reason of this consolidation and agrees to
reimburse Los Angeles County for those costs.
Section 5. The City Clerk is directed to file a certified copy of this resolution
with the Los Angeles County Board of Supervisors and with the Los Angeles County
Election Department.
PASSED, APPROVED, AND ADOPTED this 7th day of June, 2005.
ATTEST:
Ramon Rodriguez, Mayor
Andrea L. Hooper, City Clerk
J. Amoldo Beltran, City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN-vVOOD
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLVES,
DECLJ~gES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to the requirements of the laws of the State of
California relating to general law cities, there is called and ordered to be held in the City
of Lynwood, on Tuesday, November 8, 2005, a regular General Municipal Election for
the purpose of electing three members of the City Council, each to hold office for a term
of four years.
Section 2. The form and content of the ballots to be used at this
election will be as required by law.
Section 3. The City Clerk is authorized and directed to procure and
furnish all official ballots, notices, printed matter, supplies, equipment, and paraphernalia
that may be necessary in order to properly and lawfully conduct the election.
Section 4. The polls for the election will be open at seven o'clock
a.m. on the day of the election and will remain open continuously from that time until
eight o'clock p.m. of the same day when the polls will be closed, except as provided in
Section 14401 of the Elections Code.
Section 5. In all particulars not recited in this Resolution, the election
will be held and conducted as provided by law for the holding of General Municipal
Elections.
Section 6. Notice of time and place of holding the election is given by
this Resolution, and the City Clerk is authorized and directed give such further or
additional notice of the election as may be required by law.
Section 7. The City Clerk is directed to certify to the passage and
adoption of the Resolution, and will enter it in the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2005.
ATTEST:
Ramon Rodriguez, Mayor
Andrea L. Hooper, City Clerk
J. Amoldo Beltran, City Attorney
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
June 7, 2005
Honorable Mayor & City Council
N. Enrique Martinez, City Manager//°,'"'~/', ~'
Grant Taylor, Director of Development Services ~ ¢~"'
SPECIAL PERMIT REQUEST: Fortune Telling
11424 Long Beach Boulevard
RECOMMENDATION:
Staff recommends that the City Council accept testimony from the applicant Rosa
Martinez, and interested citizens and deny the special permit request.
BACKGROUND:
Staff has received a special permit request to conduct fortune telling activities to include
tarot cards, palm reading, tea leaves, crystal gazing, etc. within an existing retail botanical
store located at 11424 Long Beach Boulevard in the C-2 (Light Commercial) zone.
The subject property is located on the east side Long Beach Boulevard between the 1-105
(Century) Freeway and Mulford Avenue. The property totals 5,000 square feet in area
and is developed with a one-story commercial structure adjacent to Long Beach
Boulevard with parking accessible from the public alley at the rear of the parcel.
The applicant received approval of a retail business license for a botanical store to sell
candles, incense, perfume, religious items, etc. and is requesting approval to provide
fortune telling services.
DISCUSSION & ANALYSIS:
Lynwood Municipal Code (LMC) Section 4-8.8(a)(1) permits fortune telling and similar
practices in commercial zones subject to approval of a Special Permit by the City
Council. Similar practices include palmistry, life reading, clairvoyance, crystal gazing,
hypnotism, tarot cards, tea leaves, magic or any occult science or like business,
profession or art.
LMC Section 4-8.1 through 4-8.7 sets forth the process, procedure and regulations for
special permits.
LMC Section 25.25.10(b) permits retail and service establishments in the C-2 (Light
Commercial) zone.
H:\WOP~DFILE~PLANNING\STAFFRPT~nemo. 114241bb.specialpermit. fortunet ell~g.council 6-7 '05.d°c
AGENDA
ITEM
Staff has determined that the proposal is inconsistent with surrounding commercial land
uses in the vicinity and the applicant has not demonstrated the need for the fortune telling
services or the benefit to the community.
FISCAL IMPACT:
No impact. The business license fee and special permit fee off-set staff costs.
COORDINATED WITH:
Planning Division
Business License Division
Attachments:
1. Location Map
2. Site Plan
3. Floor Plan
4. Application
5. License
H:\WORDFILE~PLANNING\STAFFP~T~memo. 114241bb,speciaIpermit, foriunetell~g.council.6_7 _05.doc
LOCATION MAP
SANBORN
MULFORD
PLATT
CascNo. Special Permit - Fortune Teller
Site Address: 11424 Long Beach Boulevard
Applicant Name: Rosa Martinez
[ ] 300' or [ ] 500' Radius Map
N
CITY OF LYNWOOD
APPLICATION FOR SPECIAL PERMIT 11330 BULLIS ROAD
LYNWOOD. CA 90262
310-603-0220
APPLICANT INFORMATION:
OCCUPAT,ON: ~)t~'eJ'O - ~'
NUMBER OF PERSONS EMPLOYED: .9- SBE: 0r9, -/OO--WTO~,q ~/
(Slate Board of Equal~zalion ~lumber}-
EVENT INFORMATION
DATE(S) OF EVENT: ~~ C~,~4~'~ ¢'("' i ~
HOURS OF OPERATION. ~ o~ ~ - ~,
· - ~ ~,~ q'c~" 0,~<~
ADDRESS OF PROPOSED EVENT LOOATION: ~ /t.~L~ ~
SPEC,F,c AREA DES,GNATED FOR EVENT: MC
IS STREET CLOSURE BEING REQUESTED: YES ~ (1 (CIRCLE ONE}
(rF YES, SRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE.-"~'~Oe~t~ ¢~¢~.}, o lf,~ to
IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE:
HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES
IF YES, WHERE AND WHEN:
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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:
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 AND
COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A
FORFEITURE OF FEES AND DENIAL OF PERMIT.
IGNATURE OF APPLICANT DATE
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ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. THIS
PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY.
DATE
Firm
r.~¢count #
Santo Torivio
05125
Bus. Status Active
Uc. Status
Acct No
Phone
Alt Phone
Start Date
Close Date
BID Rate
Active
05125
3546
{310) 632-3994
11/11/2003
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
Recommendation:
June 7, 2005
Honorable Mayor & Members of the.~~cil
· Enr que Martlnez, C~ty Managel, Z. ~-~,~! ~'~
Jim Given, Director of Recreation & Community Services~
Youth & Family Policy
Staff recommends that the Council review the attached and consider one of the
following recommendations:
1. Refer the policy to the Parks and Recreation Commission for their
review and input.
2. Refer the policy back to staff for inclusion of any Council input and
direct staff to return at a future meeting for ratification.
3. Ratify as presented
Background:
A very important component of a Cities General Plan is the Recreation and Open
Space Element. This plan discusses the current availability of park and
recreation facility resources as well as plans for future development. This plan
provides a framework by which the development can take place based upon the
limited resources both spatially as well as financially.
However, local agencies do not generally have a policy designed to provide
guidelines for the usage of facilities as well as the development of programs and
services for youth and family. An innovative Youth & Family Policy is particularly
important for a city such as ours in that we have such a limited inventory of
facilities and resources.
Discussion & Analysis:
Because of the substantial number of potential users of the City's parks,
community facilities as well as programs, this policy identifies considerations for
prioritizing the use of the limited resources available to the City of Lynwood for
recreation and related programs as well as facility development.
The attached policy endeavors to provide the City Council with guidelines from
which to determine the viability of program proposals received from City staff as
well as from outside entities. Priority strategies are provided to address the
following objectives. The objectives include:
"'AGENDA
ITEM
Objective 1: To make adequate community recreation facilities available.
Objective2: To provide programs, activities and services with the least
financial impact to either the local taxpayer or the participant.
Objective 3: To offer multi-generational programs and services in an effort to
reinforce the concept of family.
Objective 4: To provide recreation, social and human service programs taking
into consideration the following major participant factors: · Age
· Interest
· Culture
· Income Level
· Interest
· Mobility
· Ability Level
· Individual Leisure Schedule
Fiscal Impact
The fiscal impact will depend upon the contents of the final adopted policy
document.
Coordinated With the Following Departments · Environmental Services
· Lynwood Unified School District
Recreatn~Agenda Items 2005Wouth & Family Policy Agenda Item 6.7.05
City of Lynwood
"Youth & Family Policy"
OVERALL POLICY OBJECTIVE: The City of Lynwood Youth & Family Policy is
designed to provide a tool by which the City Council may wish to develop and
identify priorities in relation to how the available facility as well as fiscal resources
are directed towards providing adequate recreational and social services
opportunities for the largest possible number of citizens of the City of Lynwood.
This is so important because there are currently 18,555 children enrolled in the
Lynwood Unified School District and over 70,000 persons currently residing in
the City.
Objective I: To make adequate community recreation facilities available.
The current inventory of facilities include:
City Park
· Skate Park
· Natatorium Swim Center
· Community/Transit Center
· Bateman Hall
Youth Center
Policy 1.0 To adequately staff community facilities and to provide access and
egress based on community desires and programmatic needs under the
parameters outlined in the Lynwood Municipal Code.
Policy 1.1: To expand the available facility resources for community recreation
purposes. The following include current projects: · Senior Citizens Center
· Ham Park Replacement Park
· Rose Park
· Carnation Park
· Veterans Memorial/Amphitheater
Policy 1.2: To work with other entities within the community to share facility
resources:
· School District Facilities per the current approved Joint Usage Agreement
Policy 1.3 Pursue the use of private sector facilities to make available
recreational and leisure classes when these facilities are better suited for a
particular program or when City and District facilities are not available.
Policy 1.4: To provide safe venues for community recreational use via the
provision of private security services working in conjunction with the Los Angeles
County Sheriff Department between the hours of 8:00 a.m. and 11:00 p.m.
Monday through Sunday.
Policy 1.5: Ensure that public parks and facilities are currently equipped with
recreational amenities such as play areas, picnic facilities, and athletic fields
through such practices as regularly scheduled review along with an ongoing
maintenance program.
Policy 1.6: Pursue public and private funding sources to improve existing facilities
as well as to acquire new facilities.
Policy 1.7 Perform regular reviews of all recreation facilities along with regularly
scheduled routine maintenance to keep all venues in adequate operational and
aesthetic condition.
Policy 1.8 Schedule the use of all facilities in such a way so as to provide the
opportunity to receive adequate maintenance.
Policy 1.9 When there is limited program area and multiple user requests,
beyond that which the facility resources can reasonably accommodate. Efforts
will be made to accommodate all requests. When this is not possible City of
Lynwood operated or sponsored programs will be accommodated first. Then
other programs will be accommodated with youth programs operated by schools,
local non-profit corporations and churches receiving priority.
Policy 1.10: Every effort will be made to afford residents of the City of Lynwood
priority opportunity to enroll in City Sponsored Programming unless there are
prohibitions to do so based upon funding sources used to develop the facility
where the programming is located.
Objective 2: To provide programs, activities and services with the least
financial impact to either the local taxpayer or the participant.
Policy 2.0: When limited resources are available to direct to a particular
program or activity the priority will be to focus the resources to reach the greatest
possible segment of the targeted population.
Policy 2.1: To survey the programs, activities and services available
throughout the City of Lynwood and surrounding communities and make them
available to the citizens of Lynwood so as not to duplicate efforts.
Policy 2.2: To seek alternative methods of providing services outside of our
traditional scope such as childcare services. These methods may include such
activities as providing a business friendly environment by local private operators
so they have the opportunity to flourish.
Policy 2.3: Work cooperatively with the Lynwood Unified School District as well
as other local agencies and community-based organizations in relation to the
provision of programs and services.
Policy 2.4: To seek alternative funding sources such as grants as well as
sponsors to support and/or supplement programs and services.
Policy 2.5: To access fees sufficient to cover the cost of programs targeted to
an area of special interest classes that necessitates the instruction of an expert in
the particular field such as photography and self-defense.
Policy
2.6: To develop programs based upon such major priority criteria as:
Identified Interest
Identified Need
Facility Availability
Availability of Fiscal Resources
Policy 2.7:
areas as:
To provide a diverse scope of programs including such activity
Team Sports such as baseball, basketball, flag, football, soccer
Individual Sports such as tennis, track and field
Physical Fitness Programs such as weight lifting, lap swimming
Aesthetic Arts Activities such as painting, drawing, writing, photography
Performing Arts Activities such as drama, music
Aquatics Activities such as swim lessons, recreation swim, swim team
Trips and Tours to such destinations as local amusement parks, museums
Educational Activities such as homework centers
Technology Activities such as computer centers
Latch Key Activities such as after school playgrounds, child care
Cultural Activities in recognition of such events as Black History Month,
Cinco de May, Juneteenth, Nuestras Fiestas Patrias
Policy 2.8: To offer formal organized programs along with opportunity for
informal "drop-in" usage of City owned facilities and equipment.
Objective 3: To offer multi-generational programs and services in an
effort to reinforce concept of family such as parent-child swim classes,
parent-child rhythms, parent-child exercise.
Policy 3.0 To design and conduct programs such as parent-child swim class,
parent-child rhythm class and related activities that include parents and children,
grandparents and children as well as the interaction of siblings.
Objective 4: To provide recreation, social and service programs taking into
consideration the following major participant factors: · Age
· Interest
· Culture Enrichment
· Income Level
· Interest
· Mobility
· Ability Level
· Individual Leisure Schedule
Policy 4.0: To provide programs for participants of all ages.
Policy 4.1: To endeavor to develop programs and activities in as many interest
areas as can be addressed based upon the available resources and/or
knowledgeable and available instructors.
Policy 4.2: Design events, classes, programs as well as citywide events
focusing on the diverse cultures of the residents of the community.
Policy 4.3: Make services available at the least possible cost to the participant
through the use of alternative funding sources as well as volunteers.
Understanding that through the participation of volunteers the level of expertise
will vary significantly.
Policy4.4: To provide a well-rounded program schedule to reach the widest
possible range of community interest.
Policy 4.5: Regularly survey the programmatic interest of the residents of the
community through both formal as well as informal methods.
Policy 4.6: Endeavor to secure locations to conduct programs and provide
services in all areas of the City.
Policy 4.7: Support such organizations such as the Neighborhood Block Watch
Organization who work with local law enforcement to promote a safe
environment on an individual neighborhood basis.
Policy 4.8: When only limited resources are available, to introduce activities to
the greatest portion of the population served.
Policy 4.9: To have a department-wide philosophy of offering introductory level
programs to generate interest and enthusiasm in recreation opportunities that will
create a life-long appreciation for the positive and productive use of one's leisure
time.
Policy 4.10: To endeavor to most appropriately assign program days and times
to best meet the availability of the target audience.
Policy4.11: To evaluate all programs, activities and services on a regular,
ongoing basis considering number of participants (users), effectiveness in
presenting what the public wants as well as the efficiency in providing the service
in the most cost effective manner possible.
Youth & Family Policy Revised
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
June 7, 2005
Honorable Mayor & City Council Merp,ber_s._.
N. Enrique Martinez, City Manage~,/'/~'.,~,///,
Yadi Farhadi, P.E., Director of Environmental Services/City Engine~
Paul Nguyen, Public Works/Engineering Manager
Lynwood Landscape Maintenance Assessment District
FY 2005-2006
Recommendation:
Staff recommends that the City Council:
Provide direction to staff relative to the options listed for eliminating the deficit.
Adopt the attached resolution entitled:"A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD, APPROVING THE REPORT PREPARED
PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION
22565 ET SEQ., AS ORDERED BYTHE CITY COUNCIL ON APRIL 19, 2005,
RELATING TO LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT"; and
Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO
ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR
FISCAL YEAR 2005-2006 WITHIN LYNWOOD LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972", AS AMENDED,
(COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET
SEQ.), AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND
OBJECTIONS"
Background:
The Lynwood Landscape Maintenance Assessment District was first established in
1978 under the Landscaping and Lighting Act of 1972. The cost of maintenance,
including the assessment engineering costs and administration can be levied annually
against the properties, which receive the benefits, thereby relieving the General Fund
that amount. Property owners are assessed only for the benefits received.
assessments were levied as a fair and equitable way to provide funds to maintain,
of
h~GENDA
ITEM
operate and improve the landscaped areas in the City. The plans and specifications for
the District are on file with the City Clerk and the Director of Environmental Services.
The City Council, on April 19, 2005, adopted Resolution 2005-069 proposing the
formation of a Landscape Maintenance Assessment District pursuant to the
Landscaping and Lighting Act of 1972, and directed the preparation of the Engineer's
Report.
Discussion & Analysis:
The current assessment rate is $1.90/F.F. for residential and commercial lots. If the City
maintains these current rates for FY 2005-2006, the estimated revenue would be
$1,069,164. Since the annual installment for the Certificate of Participation, as
approved by the City Council in 1992, is $242,800 and a carryover deficit of $385,300
from FY 2004-05 is projected, the available funds for providing landscape maintenance
of the District is $441,064. Because the cost of ground maintenance and tree
maintenance is estimated at $1,064,800, the District is projected to have a deficit Of
$623,726 by the end of FY 2005-06.
In order to reduce or to eliminate the District's projected fund deficit all together, the
City may take any combination or all of the following options:
Char,qe District Expenditures to Park Maintenance Grant' The City can justify
charging $100,000 of the District expenditures to the Park Maintenance Grant
allotted to the City by the Los Angeles County Regional Park and Open
Space District. This can be done administratively.
Charge District Personnel Salary to Water Division: Of the eleven city-owned
water well sites, four need periodic landscape maintenance by the Ground
Maintenance Division personnel at the cost of $7,500/year. This cost can be
absorbed by the Water Division budget. This can be done administratively.
Defer Full Tree Trimminq for One Year: If the City only trim trees that need
immediate attention in this fiscal year and defer the rest to next fiscal year,
the District expenditures can be reduced by $150,000. However, because
city trees were last fully trimmed three years ago, further deferring of tree
trimming will potentially create more hazards of falling tree branches and
therefore more liability claims against the City. staff is proposing that the
resquest for proposals for future tree trimming contract will include proposal
from the City itself. This would determine if the tree trimming can be more
economically done in-house. Should the City Council choose this option, the
Engineer's report needs to be revised.
Raise District Assessment Rate: The City can raise the assessment rate to
eliminate the deficit over a period of time, for example 3 years. Based on
past experience, the rate increase, however, should be moderate for risk of
being voted down by residents. Because of the time required by the voting
process it would not be feasible to implement this option this fiscal year.
Fiscal Impact:
If the City does not exercise any of the above listed options and in order for the City to
maintain the same assessment rate as last year, $623,726 of General Fund will need to
be transferred into the District to balance the District budget.
Coordinated With Other Departments: Finance Department
Cou05039
landscape district
O CITY OF LYNWOOD May 4, 2005
LANDSCAPE ASSESSMENT DISTRICT
1 of 6
ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT OF THE CITY OF LYNWOOD
PREPARED
Pursuant to the
LANDSCAPING AND LIGHTING ACT OF 1972
(DIVISION 15, PART 2)
STREETS AND HIGHWAYS CODE
STATE OF CALIFORNIA
Prepared by:
YADOLLAH FARHADI, P.E.
City Engineer
11330 Bullis Road
Lynwood, California 90262
Cou05040LSassesrpt
CITY OF LYNWOOD May 4, 2005
LANDSCAPE ASSESSMENT DISTRICT
2 of 6
ENGINEER'S REPORT
May 4,2005
THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY HALL, LYNWOOD, CALIFORNIA
LANDSCAPE MAINTENANCE DISTRICT OF THE CITY OF LYNWOOD
Pursuant to Resolution No. 2005.069, adopted by your Honorable Body on April 19,
2005, I have prepared the Engineer's Report.
ENGINEER'S REPORT
Required by the Landscaping and Lighting Act of 1972, as amended, (being Division 15,
Part 2, Streets and Highways Code of the State of California). This Engineer's Report
contemplates the levying of an assessment to provide funds necessary to construct,
install, maintain and service sidewalks, streets, and water, flood control and drainage
systems and appurtenant facilities within the Landscape Maintenance District of the City
of Lynwood (the "District"). The assessment will be levied against those parcels of land
within said District benefiting from the improvements, as required by law.
Proper construction, installation, maintenance and servicing of median islands, retention
basins, street trees and other landscaped facilities provide an esthetically pleasing
environment, air purification and sound attenuation. Proper maintenance of such
landscaping also provides for the efficient operations of streets, sidewalks, water, flood
control and drainage systems throughout the City. It enhances the overall quality of life
and desirability of an area, thereby enhancing the value of each and every parcel in the
District.
Since the street trees and medians are evenly distributed along the public streets and
other landscaped facilities are evenly distributed throughout the District, all properties
within the District are located within a single zone. The front footage of each benefited
property is used as the base for distributing the overall costs in proportion to the
estimated benefits to be received by each assessable parcel from the improvements.
CITY OF LYNWOOD
/ e I LAN DS CEANPGEi NAESES~,:SRMEEpNoTR:iSTRiCT l
May 4, 2005
3 of 6
THE ENGINEER'S REPORT
Pursuant to the Landscaping and Lighting Act of 1972, as amended, it is required that
an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to
the City Council for its consideration. The said Engineer's Report consists of the
following:
1. PLANS AND SPECIFICATION,~
The Lynwood Landscape Maintenance District was formed and assessments first levied
in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans
and specifications for the improvements within the District are on file with the City Clerk
and Director of Environmental Services and are incorporated herein by reference.
Landscape Maintenance for fiscal year 2005-2006 includes the following improvements:
LYNWOOD CITY PARK (29 acres) Mowing, edging, weeding,
irrigation, restroom maintenance, painting,
fence repair, and trash pick-up.
LOS AMIGOS PARK
STREET MEDIAN
(1.75 acres) Mowing, edging, weeding,
irrigation, painting, fence repair and trash pick-up.
Mowing, edging, irrigation, trash pick-up
and eradicating pests:
· Long Beach Boulevard, 78,337 square feet
· State Street, 170,000 square feet
· Imperial Highway, 37,740 square feet
· Atlantic Avenue, 94,472 square feet
· Hulme Avenue 2,160 square feet
· Lilita Avenue 1,620 square feet
· Carlin Avenue 1,530 square feet
· Los Flores Boulevard, 36,800 square feet
· Flower Street 36,800 square feet
· Bullis Road, 3,888 square feet
O CITY OF LYNWOOD May 4, 2005
LANDSCAPE ASSESSMENT DISTRICT
4 of 6
ENGINEER'S REPORT
WATER WELLS (Six locations, 11,750 square feet)
Mowing, edging, weeding and irrigation.
TREE TRIMMING Four-year cycle general tree trimming, and in-house
light tree trimming and emergency response services.
A further explanation of the proposed improvements is attached as Exhibit C and
incorporated herein by reference.
2. DIAGRAM
A diagram of the District, showing the exterior boundaries of the District, the boundaries
of any zones within the District, and the lines and dimensions of each lot or parcel of
land, within the District, is attached hereto and incorporated herein by reference.
Reference is made to the Los Angeles County Assessor's Maps for fiscal year 2005-
2006 for a detailed description on the lines and dimensions of any lots or parcels within
the District.
3..ESTIMATE OF COST
Maintenance and Servicin.q Costs
The estimate of the water, electrical energy, operation and maintenance costs with
respect to the District (including incidental expenses) for the one-year period beginning
July 1, 2005 and ending June 30, 2006, is $1,064,800.
.Capital Improvement Costs
There was a considerable backlog in capital improvement projects in the District. The
public interest and safety required that these projects be constructed on an expedited
basis.
The cost of such capital improvements exceeded the amount that could be conveniently
raised in a single assessment.
May 4, 2005
5 of 6
Pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972, the City of
Lynwood entered into an agreement whereby District received an advance of
$2,467,850 from the City of Lynwood for deposit to the improvement fund. Such
advance is to be repaid to the City through the levy and collection of annual
assessments for these improvements over a period of twenty (20) years commencing
with fiscal year 1992-93. With the 2003 bond refinancing, the annual installment is
$242,800.
A list of the previously approved projects and their status is attached to this report as
Attachment A.
Total Assessment
The total amount to be assessed with respect to the District for fiscal year 2005-2006,
consisting of the maintenance and servicing costs and the capital improvement cost
discussed above, plus the estimated deficit from fiscal year 2004-05 is as follows:
FY 2005-2006 ASSESSMENT
Maintenance and
Servicing Costs
$1,064,800
Annuallnstallment
(Revenue Bonds)
Total Cost
Est. Deficit FY 2004-05
Amount to be
Assessed
$ 242,800
$1,307,600
$385,300
$1,069,164
Est. Deficitatend of
FY 2005-06 $ 623,736
O CITY OF LYNWOOD May 4, 2005
LANDSCAPE ASSESSMENT DISTRICT
6 of 6
ENGINEER'S REPORT
DISTR CT DESCRIPTION AND REVENUER
There are approximately 10,094 parcels of property, with approximately 562,718 feet of
front footage within the District, excluding parcels of public property, which are not
assessed for the costs of improvements.
DISTRICT DESCRIPTION AND COST
Assessment
Total Front Foota,qe Rate Revenues
562,718 FF $1.90/FF $1,069,164
5. ASSESSMENT ROLl
In compliance with the above Landscaping and Lighting Act of 1972, copies of the
County Assessor's Map and the County Tax Collector's tax rolls were used in this
Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal
description; the County Assessor's code numbers; the assessable front footage used in
calculating the assessment against the parcels and the total net assessment levied
against the parcels for Fiscal Year 2005-2006. The assessment roll is on file in the
Office of the City Clerk and Director of Public Works, and is incorporated herein by
reference.
The foregoing Engineer's Report, which includes PLANS AND SPECIFICATIONS, the
DIAGRAM, the ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented
herewith for your approval by resolution.
Dated this 4th day of May, 2005.
Respectfully,
YADOLLAH FARHADI, P.E.
City Engineer
City of Lynwood
Cou05040LSassesrpt
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
CAPITAL IMPROVEMENTS
1. Sidewalk Reconstruction
2. Cesar Chavez Ln. Improv.
3. Streetscaping
4. Landscaped Median Islands
5. Tree Planting
6. Public Parks
TO TAL:
BUDGET
COMPLETED. %
$1,000,000 100
$357,0O0 100
$431,400 100
$236,000 100
$105,697 100
$73,400 100
$2,545,297
Cou01021
ATTACHMENT "A"
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, APPROVING THE REPORT PREPARED PURSUANT
TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION
22666 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON
APRIL 19, 2005, RELATING TO LYNWOOD LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, the City Council on April 19, 2005, adopted Resolution
No. 2005-069, instructing the City Engineer to make and file with the City Clerk, a report
in writing in accordance with the requirements of Streets and Highways Code, Section
22565 et. seq.; and
WHEREAS, the City Engineer has made and filed said report with the City
Clerk and the City Clerk has presented said report to this City Council for consideration.
NOW, THEREFORE, the City Council does hereby resolve, order, and
determine as follows:
Section 1. The City Council has considered and passed on said report.
Said report, as filed, is hereby approved. Said report, including any plans,
specifications, estimates of costs and expenses, diagram and assessments are
incorporated herein by reference and shall be placed on file in the office of the City
Clerk and may be examined by any interested persons. Reference is made to said
plans and specifications for a description of the proposed improvements.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this __ day of
.,2005.
ATTEST:
RAMON RODRIGUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER, City Clerk
N. ENRIQUE MARTINEZ
City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney
City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
City of Lynwood
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
day of
AYES:
regular meeting held in the City Hall of said City on the
,2005, and passed by the following vote:
NOES:
ABSTAIN:
ABSENT:
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
City Clerk, City of Lynwood
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
RESOILUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD, DECLARING ITS INTENTION TO ORDER
THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
FOR FISCAL YEAR 2005-2006 WITHIN LYNWOOD LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972", AS AMENDED,
(COMMENCING WITH STREETS AND HIGHWAYS CODE
SECTION 22500 ET SEQ.), AND FIXING THE TIME AND
PLACE FOR HEARING PROTESTS AND OBJECTIONS
WHEREAS, the City Council has directed and the City Engineer has
prepared and filed a report in writing containing all matters required by Council under
Streets and Highways Code, Section 22565, et seq.; and
WHEREAS, said report has been presented to the City Council for
consideration and has been received and approved.
NOW, THEREFORE, the City Council does hereby resolve, order and
determine as follows:
Section 1. Pursuant to the Landscaping and Lighting Act of 1972 as
amended, commencing with Streets and Highways Code Section 22500 et seq., the
City Council of the City of Lynwood hereby declares its intention to order the levy and
collection of assessments against the assessable lots and parcels of land within an
existing assessment district designated "Lynwood Landscape Maintenance Assessment
District (the "District") for fiscal year 2005-2006 to pay for the costs of those existing
and previously proposed improvements described as:
The installation, maintenance, and servicing of existing and previously
proposed landscaping and appurtenant facilities within parks and landscaped areas
within public rights-of-way and City owned property in the City of Lynwood. Such
improvements include the maintenance and operation of sidewalks, streets, and water,
flood control and drainage systems, specifically the maintenance and operation of
landscaping and appurtenant facilities in and along streets and sidewalks, the
maintenance and operation of parks, including appurtenant facilities, which serve as
natural retention and drainage systems as required by the area's Master Storm Drain
Plan, and the maintenance and operation of landscaped areas adjacent to and
appurtenant to water well sites; and the installation of previously proposed landscaping
and appurtenant facilities within parks and landscaped areas within public rights-of-way
and City-owned property in the City which have been paid or are to be paid form the
proceeds of revenue bonds.
The boundaries of the District are conterminous with the boundaries of the
City of Lynwood as shown on the map identified as Assessment District Map
No. 2005-L on file in the office of the City Clerk.
Section 2. Reference is hereby made to the report of the Engineer
approved by Council on June 7, 2005, by a resolution, and on file in the office of the
City Clerk, describing in detail the improvements to be made, the boundaries of the
assessment district and any zones therein, and the proposed assessments upon
assessable lots and parcels of land within the District.
Section 3. Notice is hereby given that on June 21, 2005, at the hour of
5:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood,
California, is the date, hour and place fixed for the hearing of protests and objections by
the City Council to the levy and collection of the proposed assessments against the lots
and parcels of land within the District for fiscal year 2005-2006. Any and all persons
having any protest or objection to the proposed improvements, the extent of the
assessment district, or the levy and collection of the proposed assessments may
appear before the City Council at said hearing and show cause why said improvements
should not be carried out and the proposed assessment and diagram confirmed, all in
accordance with this Resolution of Intent and the report of the City Engineer. Prior to
the conclusion of the hearing, any interested person may file a written protest with the
City Clerk, or, having previously filed a protest, may file a written withdrawal of protest.
A written protest shall state all grounds of objection.
A protest by a property owner shall contain a description sufficient to identify the
property owned by him. All interested persons shall be afforded the opportunity to hear
and be heard. The city Council shall consider all oral statements and written protests or
communications made or filed by an interested person.
_Section 4. The City Clerk is hereby directed to cause notice of the
passage of this resolution to be given at the time and place in the form and manner
provided by law.
_Section 5. The proposed assessment for fiscal year 2005~2006 is $1.90
per foot of frontage for the property.
.Section 6 This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this day of ,2005.
ATTEST:
RAMON RODRIGUEZ, Mayor
City of Lynwood
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
STATE OF CALIFORNIA
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
City of Lynwood
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:
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
City Clerk, City of Lynwood
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
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
June 7, 2005
Honorable Mayor & City Council Mem~er~,/~/0
N. Enrique Martinez, City Manager
Jennifer A. Mizrahi, Deputy City Attorney
SUBJECT: OPTIONS TO ALLEVIATE VIOLATIONS RELATING TO ACTS OF
PROSTITUTION TAKING PLACE IN MOTELS
Recommendation:
Staff recommends that the City Council review the following options and direct staff
accordingly:
1. To direct the City Attorney's Office to draft an ordinance regulating
hotels/motels as provided for in the options below and to work with staff
regarding this issue, and to direct the City Attorney's Office to work with staff
and develop a proposed transient occupancy tax for voter approval.
2. To direct the City Attorney's Office to draft an ordinance regulating
hotels/motels as provided for in the options below and to work with staff
regarding this issue.
3. To direct the City Attorney's office to work with staff and develop a proposed
transient occupancy tax for voter approval.
4. To provide such other directions as the City Council may determine.
Background:
Numerous crimes involving the solicitation or commission of acts of prostitution occur
throughout the City, especially in hotels/motels along Long Beach Blvd. The
persistence of crimes involving prostitution consumes Sheriff's Department resources
and further detracts from the Sheriff's efforts to deal with more serious crimes.
Prostitution-related crimes have a continuing negative impact on the residents of the
City of Lynwood. Prostitution causes blight and creates a substantial physical, social
and economic burden on the community. Crimes involving prostitution have a
detrimental effect on the surrounding neighborhood.
The City has received numerous complaints concerning the blight and neighborhood
detriment created by persons committing acts or soliciting acts of prostitution. The
increased blight relating to acts of prostitution occurs in both residential neighborho, ~,'~GENDA
and commercial areas, posing a safety hazard and causing a reduction in property
values.
In an effort to tackle prostitution-related crimes and improve the quality of life for City of
Lynwood residents, the Sheriffs Department is devising a comprehensive program to
combat prostitution-related offenses. The Lynwood City Attorney's Office has conferred
at length with the Sheriffs Department to specifically design a plan to combat
prostitution-related crimes.
The Sheriffs Department has already taken several steps to pursue violators including,
but not limited to the following:
1. Meeting with the Supervising Deputy District Attorney and Presiding Judge
at Compton Courthouse to explain the gravity of Prostitution-related
violations in the City.
2. Working with the District Attorney's office to file and charge prostitutes and
"Johns" in alleged violation of the Penal Code.
3. Appointing a specific Sheriffs deputy to assist the District Attorney's office
in filing cases relating to prostitution.
4. Working with the Sheriffs Department Civilian Educational Director,
Director Dalton, to re-educate prostitutes assisting them to obtain lawful
employment.
Discussion & Analysis:
O tion One - Ado tion of Ordinance Re ulatin Hotels/Motels in the Cit
In order to accomplish the City's goals in combating prostitution-related crimes and
activities, the City Attorney's Office collaborated with the Sheriffs Department to
specifically target ways to reduce these offenses. One way to accomplish this goal is
for the City to adopt an ordinance regulating hotels/motels. In an effort to reduce acts of
prostitution taking place in hotels/motels, the City Attorney's Office and the Sheriffs
Department propose that the following provisions be included in an ordinance:
1. Registration required: Every owner/operator of any motel/hotel in the City shall keep
and maintain a register. Register shall contain:
a. Hour, day, month, and year of arrival of each guest;
b. Room number (or other identifying symbol) of each guest's
accommodations;
c. Name, address of each guest;
d. Date of departure of each guest;
e. Photocopy of identification of each and every guest
f. All registers shall be maintained for a period of three year from and after
the date of entry
2. Inspection: All registers shall be available at all times for inspection by any member of
the Sheriff' Department or the City
3. No person shall deface/erase such a register so as to make the information illegible
or unintelligible
4. Posting room rates
5. No owner, operator, employee, agent shall rent or assign any room, to any person
until check-in information is received.
6. No room shall be let out for less than a 24 hour period
7. The owner of property is responsible that seeing that in fact employees comply with
registration regulations.
8. Penalty: failure to keep register is a misdemeanor with fines not to exceed $1000;
applies to both owner and operator
In addition to drafting the ordinance, the City Attorney will work with the Compton
Courthouse, the District Attorney's Office and the Probation Department to encourage
prostitutes to "stay away" from Long Beach Blvd. This may be accomplished with the
imposition of "stay away" orders.
Option Two - Red Light Abatement Law
Another way for the City to reduce prostitution-related offenses taking place in
hotels/motels is to declare the hotel/motel a nuisance and commence abatement
procedures.
State law provides that a city may declare a building used for the purposes of
prostitution a nuisance. It is called the "Red Light Abatement Law." Since the City of
Lynwood is a general law city, the City can use the state's Red Light Abatement Law to
maintain nuisance actions against the buildings. See Penal Code Section 11225 et
seq. The City Attorney has been specifically granted the authority to maintain a
nuisance abatement action under this section.
Provided that the City can show that a building has been used habitually for acts of
prostitution, the City would be able to shut down the building. Of (:Ourse, the City would
also have to abide by due process requirements, including providing the owner notice of
the action against him/her and a hearing at which s/he can be heard. The primary
purpose of the Red Light Abatement law is to "reform" the property in question rather
than to punish the property owner. Nuisance abatement is an in rem proceeding--it is
against the offending "thing." Here, the "thing" that is committing the wrongdoing is the
building, not the person or owner. Again, the City would not be abating prostitution,
which is criminal in nature and is against a person. The City would be abating a public
nuisance committed or maintained by the habitual practicing of prostitution in a
building.
Although Red Light Abatement is permitted, the City may face liability resulting from
abatement procedures.
Option Three - Transient Occupancy Tax (a "T.O.T.")
A third way for the City to reduce prostitution-related offenses taking place in
hotels/motels is to develop a proposed transient occupancy tax for voter approval.
Several cities have such a tax, including but not limited to, Bellflower, South Gate,
Duarte, Huntington Park, Oakland, Glendale, Brentwood, Santa Monica, and Arcadia.
The T.O.T. is a popular type of excise tax available to both cities and counties. A T.O.T
may be levied on the occupation of rooms in a hotel, inn, tourist home or house, motel,
or other lodging where occupancy is to be 30 days or less. The revenues from a T.O.T.
can help offset general fund costs, such as law enforcement protection, and street
cleaning.
The Transient Occupancy Tax is authorized under State Revenue and Taxation Code
section 7280 as an additional source of non-property tax revenue to local government.
Section 7280 permits the City to impose an occupancy tax for the privilege of occupying
a room in a hotel, motel or other lodging on any person who is not exempt from such a
tax, unless such occupancy is for a period of more than 30 days. The City may elect to
have certain persons exempted from this tax. See Rev. & Tax Code Section 72804 In
addition, the City may wish to exempt hospitals, medical clinic, convalescent homes or
other temporary or permanent domiciles equipped primarily for the care of aged or
infirm people.
Several cities impose a T.O.T. in the range of 8%-14%. Cities justify the imposition of
the T.O.T. as a tax for the privilege of staying in the City.2 Guests use municipal
services, such as the Sheriff, fire protection, emergency medical services, parks and
public works. Cities benefit by having extra funds to keep clean and safe streets.
Hotels/motels would benefit by having an attractive, clean and well-maintained city.
Compliance with Proposition 218
Any new T.O.Ts must be approved by the voters. In November 1996, voters
enacted Proposition 218, which added Articles XIII C and XIII D to the California
Constitution. Known as the "Right to Vote on Taxes Act," Proposition 218 both controls
how general taxes are levied and requires certain previously levied general taxes to be
ratified by voters.
Proposition 218 reduces all taxes to either general taxes or special taxes. It defines a
general tax as "any tax imposed for general governmental purposes." A special tax is
~ Exemptions: a) Any person as to whom, or any occupancy as to which it is beyond the power of the City to impose
a tax; b) Any officer or employee of a foreign government who is exempted by reason of express provisions of
federal law or international treaty, c) Any officer, or employee of the US government, or of a federal credit union, or
of a state, cotmty, city or other domestic public entity who pays rent in the discharge of official government
business, d) Any officer or employee of a bank or insurance company who pays rent in the discharge of official bank
or insurance companies, e) such as qualified federal, state or county officer/employees on official business.
2 City of Bellflower charges a 9% tax
City of Arcadia charges a 10% tax
City of South Gate charges an 8% tax
City of Duarte charges a 10% tax
City of Santa Monica charges a 14% tax
"any tax imposed for specific purposes, including a tax imposed for specific purposes,
which is placed into a general fund."
No local general tax may be imposed, extended, or increased until it has been
submitted to and approved by a majority of the voters in the jurisdiction. Tax proposals
can only be considered at scheduled general elections, unless the governing body of
the city unanimously votes to place the question on the ballot at a special election.
Prostitution-related crimes are a major concern for residents and law enforcement in the
City of Lynwood. In an effort to aggressively reduce these crimes, all three of the above
options may be used in conjunction with one another.
Fiscal Impact: N/A
Coordinated With: City Manager's Office
Sheriffs Department