Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
01-17-2006CC
Th¢s Agenda contains a brief general descnptlon of each ~tem to be considered Cop¢es of the Staff reports or other wr/tten documentation relabng to each ~tem of bus~ness referred to on the Agenda are on file m the Office of the C¢ty Clerk and are available for public ~nspect¢on A person who has a questlon concerning any of the agenda ~tems may call the C~ty Manager at (310) 603-0220, ext 200 Procedures for Address~nq 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 Cl'f¥0F ~, ,~OOD JANUARY 17, 2006 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 500PM LETIOIA V ASQUEZ Ii MAYOR REVEREND ALFREDDIE JOHNSON, JR MAYOR PRO-TEM FERNANDO PEDROZA COUNCILMEMBER LOUISBYRD COUNCILMEMBER MARIATERESASANTILLAN COUNCILMEMBER CITY MANAGER N ENRIQUE MARTINEZ CITY ATTORNEY J ARNOLDO BELTRAN CITY CLERK ANDREA L HOOPER OPENING CEREMONIES 1 CALL TO ORDER 2 CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3 ROLL CALL OF COUNCIL MEMBERS Lou~s Byrd Reverend Alfredd~e Johnson, Jr Fernando Pedroza Ma.a T Santdlan Lehc~a Vasquez CITY TREASURER IRIS PYGATT 4 5 PLEDGE OF ALLEGIANCE INVOCATION 6 COUNCIL RECESS TO LYNWOOD INFORMATION INC LYNWOOD PUBLIC FINANCE AUTHORITY LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS iF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT 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 Sechon 54954 2 (a)) PUBLIC HEARING 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7-20121 RELATING TO THE LOADING OR DISCHARGE OF PASSENGERS NEAR SCHOOLS Comments The purpose of this rtem ~s for the Crty Council to conduct a public heanng to consider amending Chapter 7 of the Lynwood Municipal Code by adding a new Subsecbon 7- 20 12 I relabng to the loading or d~scharge of passengers near schools Recommendation Staff recommends that the C~ty Councd Conduct a pubhc hearing and introduce the attached ordinance enhtled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWO©D MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7-20 12 1 RELATING TO THE LOADING OR DISCHARGE OF PASSENGERS NEAR SCHOOLS" for first reading by btle only, and Authonze staff to ~mplement a parent driver educabon program to famd~anze parents about the ordinance and the ~mportance of pedestnan safety around school zones CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion atfirmlng the acbon recommended on the agenda There w~ll be no separate d~scuss~on on these ~tems pnor to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate acbon MINUTES OF PREVIOUS MEETINGS Regular Meebng - December 20, 2005 t0 11 APPROVAL OF THE WARRANT REGISTER Comments C~ty of Lynwood warrant register dated January 17, 2006 for FY 2005-2006 Recommendation Staff recommends that the C~ty Council approve the warrant register APPROPRIATION OF GRANT FUNDS RECEIVED FROM THE CITY OF VERNON PROPOSITION "A" FUNDING ALLOCATION Comments The City of Vernon currently receives Maintenance and Servicing funds from the Los Angeles County Regional Park and Open Space D~stnct Proposition pohcy allows the C~ty of Vernon to transfer ~ts right to all or a port,on of ~ts Maintenance and Servicing mon~es to other agencies For over ten years, the C~ty of Vernon has transferred a port~on of ~ts Proposition "A" funding to the City of Lynwood Recommendation Staff recommends that the C~ty Council adopt the attached resolubons approving the acceptance of the funds and appropriating the funds as a part of the current 2005~2006 Operating Budget 1 "A RESOLUTION OF THE C~TY COUNCIL OF THE C~TY OF LYNWOOD ACCEPTING THE TRANSFER OF MAINTENANCE AND SERVICING FUNDS FROM THE SAFE NEIGHBORHOOD PARKS PROPOSITIONS OF 1992 AND 1996 (PROPOSITION A) ALLOCATED TO THE CITY OF VERNON FOR THE MAINTENANCE OF PROPOSITION A FUNDED PROJECTS IN THE CITY OF LYNWOOD" 2 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS RECEIVED BY THE CITY OF LYNWOOD FROM THE CITY OF VERNON PROPOSITION "A" PARK FUNDS INTO REVENUE AND EXPENDITURE ACCOUNTS AS A PART OF THE CURRENT 2005-2006 OPERATING BUDGET" RE~MBURSF_MENT OF HOME PROGRAM FUNDS FOR TERMINATED PROJECTS Comments In past years, a number of projects utilizing Federal HOME Program funds were not thoroughly rewewed by staff After a careful rewew of these project f~les, staff has determined that several projects meet HUD's definition of a terminated project Recommendation Staff recommends that the C~ty Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AUTHORIZE THE REIMBURSEMENT TO HUD FOR TERMINATED PROJECTS" 12 APPROVAL OF AMENDMENTS TO THE HOUSING REHABILITATION PROGRAM GUIDELINES AND PROCEDURES Comments The purpose of this item ~s for the C~ty Council to consider new HOME program guldehnes and procedures The program guldehnes have been updated to meet HUD's current standards and regulations and to allow Lynwood to more effectively spend HOME funds to ~mprove the community m strict compliance with promulgated rules and regulabons Recommendabon Staff recommends that the City Council adopt the attached resolubon enhtled, "A RESOUTION OF TIlE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENTS TO THE HOUSING REHABILITATION PROGRAM GUIDELINES" 13 14 DISCUSSION ITEMS CITY COUNCIL STAFF SUPPORT Comments The purpose of th~s ~tem ~s to provide the City Council w~th ~nformabon and opbons related to current and future staff support needs for C~ty Council Recommendation Staff recommends that the C~ty Council review opbons for their admlmstrabve suppor[ and prowde staff w~th d~recbon on the parbcular opbon to pursue SIDEWALK AND CURS RAMP IMPROVEMENTS AROUND ELEMENTARY SCHOOLS, PROJECT NO 05-5271 (FEDERAL PROJECT NO 07-LA-O-LYN-STPLH-5250 (012) Comments The C~ty has received Federal Hazard Ehm~nabon System Grant funds (HES) for the construcbon of new s~dewalk/reconstrucbon of damaged s~dewalk and curb ramps construcbon around certain elementary schools ~n the City The project construcbon started on December 12, 2005, and ~s now on-going In the C~ty Council meebng of January 3, 2006, several residents on the southerly side of Magnolia Avenue just east of Bradheld Avenue, ~n the vlc~mty of Mark Twain Elementary and Lynwood M~ddle School, have expressed their objecbon to the new sidewalk construchon fronbng their property The construcbon of new s~dewalk on that sechon of the street has been temporanly stopped Recommendation Staff recommends that the C~ty Councd rewew staff's report on the sidewalk ~ssues m connecbon w~th the S~dewalk and Curb Ramp Improvements around Elementary Schools Project, Project No 05-5271, and prowde staff w~th dlrecbon to proceed 4 15 STATUS OF COMMISSIONERS Comments The purpose of th~s ~tem ~s for the C~ty Council to rewew the vacant commissioners hst Recommendation Staff respectfully request that the C~ty Councd receive and file the status report and d~rect the C~ty Cterk accordingly CITY COUNCIL ORAL AND WRITTEN COMMUNICATION LETICIA VASQUEZ, MAYOR REVEREND ALFREDDIE JOHNSON, JR , MAYOR PRO-TEM LOUIS BYRD, COUNCILMEMBER FERNANDO PEDROZA, COUNCILMEMBER MARIA T SANTILLAN, COUNCILMEMBER CLOSED SESSION 16 A B CLOSED SESSION ITEMS W~th respect to every item of bus~ness to be d~scussed ~n closed session pursuant to Secbon 54956 8 CONFERENCE WITH REAL PROPERTY NEGOTIATIORS Properties See llsbng of properbes by Address and Assessor Parcel Numbers in Attachment "A" to th~s agenda C~ty Negobator C~ty Councd, C~ty Manager, C~ty Attorney, Development Services D~rector and Universal F~eld Services, Inc Negot~abng See hsbng of properhes and property owners ("Seller" or "Seller's") m Attachment "A" to th~s agenda Under Negobatlon Pnce and terms of payment - Seeking authonty to make offer to Seller's for acqulslbon of property and, where appropnate, value of ~mmovable fixtures and equipment, prows~on of appropnate relocahon benefits and compensahon for potenbal loss of goodwdl to parbes legally entitled thereto W~th respect to every ~tem of bus~ness to be d~scussed m closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdw~slon (a) of section 54956 9 ) 1 Name of Case Bullebn D~splays v C~ty of Lynwood Case No BC340572 C D W~th respect to every ~tem of bus,ness to be d~scussed ~n closed session pursuant to Section 54956 95 LIABILITY CLAIMS Claimant Jose Castro Agency Cla~med Against C~ty of Lynwood CONFERENCE WITH REAL PROPERTY NEGOTIATOR, GQVERNMENT CODE SECTION 54956 8 PROPERTY Land Swap for L~ndbergh Elementary/Los Amigos Park C~ty owned parcel # 6168-12-926 and 6168-13-900, School D~stnct-owned 6168-12-905 AGENCY NEGOTIATOR C~ty Attorney, C~ty Manager, Interim D~rector of Environmental Services - Paul Nguyen NEGOTIATING PARTIES Lynwood Un~fled School D~strict UNDER NEGOTIATION Councd to rewew the status of negobat~ons for the possible land swap of the C~ty property for the L~ndbergh Elementary School property parcel, and prowde ~nstruct~ons to the C~ty negohators on the same ADJOURNMENT THE NEXT REGULAR MEETING WiLL BE HELD ON FEBRUARY 7, 2006 AT 500 P M IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA CITY COUNCIL AGENDA ITEM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO GOVERNMENT CODE SECTION 54956.$. Properties: See hstmg of properties by Address and Assessor Parcel Numbers ~n Attachment "A" to th~s agenda. City Negotiators: C~ty CouncIl, C~ty Manager, Development Services D~rector and Services, Inc. C~ty Attorney, Umversal F~eld Negotiating Parties: See hst~ng of propemes and property owners ("Seller" or "Se~ler's") ~n Attachment "A" to thIs agenda. Under Negotiations: Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of Droperty and, where appropriate, value of ~mmovable fixtures and equipment, prows~on of appropriate re~ocat~on benefits and compensation for potential loss of goodwdl to parties legally entitled thereto. ATTACHMENT "A" Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties City Council Meeting APN 6189-019-060, 061 6189-019-003 6189-019-058, 059 6189-019-007, OO8 6189-019-009, 010 6189-019-011 6189-019-012 6186-036-001 6186-036-029 6186-036-030 6186-036-006 6186-036-007 6186-036-008 COMMERCTAL/MIXED USE PROPERTIES Owner Site Address Tacos Mex~cos Inc. 11800-11808 Atlantic Avenue Bhagat, Narayan & Ran]an 11812 Atlantic Avenue Christ New Testament Baptist Church of L.A. Ornelas, Raul & Isabel 11836 Atlantic Avenue Trust/Ornelas Family Ornelas, Raul & Isabel Trust/Ornelas Family Patel, Nawn & Champa 12012 Atlanbc Avenue Nabulsb Wahd/Mohanned 12022 Atlanbc Avenue Chin, David I~, ]ackle & 12100 Atlantic Avenue Chen, Becky Bhagat, V~nodbha~ Trust Ghagat, Wnodgha Trust Ballard, Wdham Trust ] L Flores DDS Inc Ballard, Wdllam & Kathenne12140 Atlantic Avenue 11820-11832 Atlanbc Avenue 12000-12006 Atlantic Avenue 12108 Atlantic Avenue 12120 Atlantic Avenue 12130 Atlantic Avenue 12134 Atlantic Avenue ATTACHMENT "A" Page 2 6186-001-011 6186-001-007 6186-001-004, 005, 006 6186-001-002 A~faro, Froylan & ]orge Loera, John & Mar/ Vasquez, Leonel Michalak, M~chael 12001Atlant~cAvenue 12015 Atlantic Avenue 12017-12031 Atlantic Avenue 12035 Atlantic Avenue 6189-019-900 6189-019-056, 057* 6189-019-013 6189-019-014 6189-019-015 6189-019-016 6189-019-017 6189-019-018 6189-019-019 6189-019-020 6189-019-021 6189-019-022 6189-019-025 6189-019-027 RESIDENTIAL/VACANT PROPERTIES Lynwood Redevelopment Agency Lynwood Redevelopment Agency Chalwn, Myron Z. Trustee Chavez, Lucia Casas, Jesus & Patric~a Membreno, ]uho & ]uana Contreras, Ramlro & Livler Tostado, Ernesto & Adrian Plosqueda, Rogeho & Maria Gathn, S~gne Contra Trustee Cruz, Gu~llerm~na Vasquez, Inez A Maria Cajero, Maria (Estate of) Agu~ar, Gaudenc~o & Amanhs NEC Atlantic Avenue & Josephine Street NWC Josephine Street & V~rgm~a Avenue 11801 Wrg~ma Avenue 11807 VIrgm~a Avenue 11815 Wrgm~a Avenue 11819 Wrglma Avenue 11825 Wrglma Avenue 11833 VIrg~ma Avenue 11837 VIrglma Avenue 11845 Wrgm~a Avenue 11851 Wrgm~a Avenue 11857 Virginia Avenue 1.1867 Vlrglma Avenue 11869 Wrglma Avenue ATt'ACH MENT "A' Page 3 6189-019-030 6189-036-028 6189-036-027 6189-036-026 6189-036-025 6189-036-024 6189-036-023 6186-001-024 Quezada, Salvador Nabulsl, Mohammed, et al ,lones, Sarah Zavala, Pedro & Rebecca Alvarez, Teofilo & Noeml Cutlens, Charles & _loyce Prec~ado, Roberto & Imelda Chavez, Ascenclon & Margarita 5121 Lavln~a Avenue 5124 Lavmla Avenue 12111 Virginia Avenue i2115 ViFglnla Avenue 12121 ViFglnla Avenue 12127 Virginia Avenue 12205 ViFglnla Avenue 12011 Atlantic Avenue AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY' January 17, 2006 Honorable Mayor & C~ty Councd Me,~..)~/. N Ennque Mad~nez, C~ty Manager./',,/'~.~/// Grant Taylor, D~rector of Developn~ent Services J D Wh~taker, Parking Control Manage&O'~'~ SUBJECT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7-20 12 1 RELATING TO THE LOADING OR DISCHARGE OF PASSENGERS NEAR SCHOOLS RECOMMENDATIONS: Staff recommends that the C~ty Council 1 Conduct a pubhc heanng and ~ntroduce the attached ordinance enbtled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7-20.12.1 RELATING TO THE LOADING OR DISCHARGE OF PASSENGERS NEAR SCHOOLS" for first reading by htle only, and 2 Authorize staff to ~mplement a parent dr~ver education program to famd~anze parents about the ordinance and the ~mportance of pedestnan safety around school zor~es BACKGROUND: Traffic congestion around schools ~s a senous problem, pnmanly before and after school as parents drop off and/or p~ck up their chddren. Th~s type of congesbon causes loading zones, dnveways, leg~bmate parking spaces, and crosswalks to be blocked, resulting ~n a potenbally dangerous atmosphere for children Not reahz~ng the ~nherent danger, children cross streets m~d-block, darhng between cars which are usually dlegally parked, creabng considerable safety hazards To combat th~s dangerous situation staff proposes adopbon of an ordinance which prohibits vehicles from parking and stopping near schools to Icad or unload students ~n a manner that cause chddren to cross roadways to travel from schools to vehicles or from vehicles to schools DISCUSSION: The regulabon of traffic ~n school zones ~s ~mperahve m malnta~mng the general health safety and welfare of the commumty Staff has conferred w~th the c~t~es of Lakewood and Norwalk which currently have ordinances s~mdar to the one now proposed Both mumc~paht~es report a dramabc decrease m traffic congesbon and the ~mproper loading and d~scharg~ng of chddren near or m schools, resulting ~n a more controlled and safe environment dunng the bmes of drop off and/or p~ck up of chddren AGENDA ITEM '7 The attached ordinance makes ~t unlawful for vehicle operators to "stop, park, or leave standing a vehicle ~n order to load or to d~scharge any student from Grades K - 12 upon a roadway at any location that ~s across from a pubhc or pnvate school budding, or the grounds thereof, where the student must cross the roadway e~ther to travel from the school to the vehicle or to travel from the vehicle to the school" The ordinance wdl not apply ~n locations where there ~s a marked pedestnan crosswalk or where traffic ~s controlled by a pohce officer, a parking enforcement officer, a crossing guard or an offlc~a~ traffic control s~gnal or s~gn Vehicles ~n v~olat~on of the ordinance wdl be subject to c~tat~on and an ~n~t~al fine of $100 00 for the first offense, $200 00 for the second offense and $300 00 for the third offense Pnor to ~n~t~at~ng enforcement of the proposed ordinance, staff proposes ~mplementat~on of a parent driver education program to fam~hanze parents about the ordinance and the ~mportance of traffic and pedestrian safety around school zones Staff has received a commitment of participation from the Los Angeles County Shenff's Department and the Los Angeles County F~re Department Staff has also contacted the Lynwood Un~fled School D~str~ct ("LUSD") to obtain ~ts ~nput ~nto the ordinance and program LUSD has made a commitment of part~clpat~on A cooperative effort between the C~ty and the LUSD wdl expedite the parent driver education component and looks forward to mounting a successful cooperative campaign w~th the LUSD should Councd dec~de to adopt the proposed ordinance FISCAL IMPACT: The adoption of the proposed ordinance ~n ~tself has no fiscal ~mpact There w~ll be some costs associated w~th the dnver education component that can be absorbed w~th~n the adopted budget Coordinated With: L A County Shenff's Department, L A County F~re Department, C~ty Attorney, F~nance Department Attachments Letter submitted to L U S D and parochial schools ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7-20.12.1 RELATING TO THE STOPPING, PARKING OR STANDING OF VEHICLES TO LOAD OR UNLOAD PASSENGERS NEAR SCHOOLS WHEREAS, the C~ty Councd of the C~ty of Lynwood (the "Councd") recogmzes the ~mportance of pedestrian and trafhc safety w~th~n ~ts school zones, and WHEREAS, the Councd w~shes to address the paramount ~ssue of safety ~n the C~ty's school zones by ~mpos~ng restr~cbons on the loading and d~schargmg of passengers within such zones, and WHEREAS, the Council finds and declares that the volume of traffic within school zones m the C~ty produces safety concerns for pedestnans, ~ncreases the congestion of surrounding streets and ~mpedes the movement of traffic, and WHEREAS, the Councd further finds that to address the safety concerns and ensure the safe passage of residents to and from the local schools w~th~n the C~ty, it has become necessary to estabhsh restrictions ~nvoiv~ng the stopping, parking or stand~ng of vehicles near schools to load or unload passengers NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That the Code of the C~ty of Lynwood ~s hereby amended by adding a new Subsection 7-20 12 1 to Chapter 7 which reads as follows 7-20.12.1 Stopping, Parking or Standing Vehicles Near Schools to Load or to Unload Passengers. a It shall be unlawful for the operator of any vehicle to stop, park, or leave stand~ng a vehicle ~n order to load or to unload any student attending Grades K - 12 upon a roadway at any Iocabon that ~s across from a pubhc or private school bu~ld~ng, or the grounds thereof, where the student must cross the roadway e~ther to travel from the school to the vehicle or to travel from the vehicle to the school b, Th~s Subsecbon shall not apply where 1 Traffic at such school Iocabons ~s controlled by a pohce off~cer, a parking enforcement officer, a school crossing guard or an official trafhc control s~gn or s~gnal, or 2 There ~s a marked pedestnan crosswalk at the Iocabon c If any vehicle ~s found stopped, standing or parked ~n any manner wolabng the prows~ons of th~s Subsection and the ~denhty of the operator cannot be determined, the owner or person or corporabon ~n whose name the vehicle ~s registered, or the named lessee ~n a lease or rental agreement of said vehicle shall be held prima fac~e responsible for sa~d wolabon d Violations; Penalties. V~olabons of any of the provisions of th~s Subsecbon shall be deemed ~nfracbons and vehicles in wolatlon thereof shall be subject to c~tabon and a civil penalty of $100 O0 Upon the effecbve date of th~s Ordinance, a $ 100 O0 cwd penalty for v~olat~ng Subsection 7-20 12 1 of th~s Code shall be added to the Lynwood C~v~l Penalty Schedule Thereafter, the c~viI penalty shall be subject to change from brae to brae by resolubon of the C~ty Council amending the Lynwood Cw~l Penalty Schedule e Signs The provisions of th~s ordinance shall not be ~n effect unbl proper placing of s~gns g~wng nobce of the restnchons ~mposed by this Ordinance has occurred Secbon 2. If any secbon, subsection, subdivision, paragraph, sentence, clause or phrase of th~s Ordinance or any part thereof ~s for any reason held to be ~nvahd or unconsbtuhonal, such decision shall not affect the vahd~ty of the rema~mng porbons of th~s ordinance The C~ty Councd hereby declares that ~t would have passed each secbon, subsection, subd~ws~on, paragraph, sentence, clause or phrase of th~s ordinance ~rrespecbve of the fact that any one or more sechon, subsection, subd~ws~on, paragraph, sentence, clause or phrase be declared mvahd or unconsbtubonal Secbon 3. Th~s Ordinance shall take effect thirty (30) days after ~ts final passage by the C~ty Council Section 4. The C~ty Clerk of the C~ty of Lynwood ~s hereby d~rected to cedlfy to the passage and adopbon of th~s Ordinance and to cause ~t to be pubhshed or posted as required by law day of meebng of sa~d Council held on the F~rst read at a regular meebng of the C~ty Councd held on the , 2006 and adopted and ordered pubhshed at a regular day of ,2006 Attest Lebc~a Vasquez, Mayor C~ty of Lynwood Approved as to form Andrea L Hooper, C~ty Clerk J Arnoldo Beltran, C~ty Attorney JanuaW 5,2005 St Phllllp Nen 12522 Stoneacre Avenue Lynwood Ca 90262 Mrs Greggens Dear Mrs Greggens The City Council of the City of Lynwood continues to demonstrate their commttment in enhancing the quality of life and improwng the general welfare for the residents of this city The City Council also realizes that the children of our c~ty are one of our most essenbal assets Therefore, ensunng their safety is of the utmost importance W~th that being stated, the Department of Development Services ~s ~n the process of ~mt~at~ng a mumclpal ordinance to further secure the safety of children near and around school zones. The ordinance w~ll pnmanly focus on proh~b~bng the unsafe loading and d~scharg~ng of passengers near schools Due to the current traffic c~rculabon problems around our schools, the potential for pedestrian and vehicular accidents has increased drastically A few th~ngs that we must consider are that children are more vulnerable as pedestrians because their senses are not as fully developed as adults'. For example · Children have less peripheral ws~on than adults, so they don't see cars approaching · Children tend to have less acute heanng, so they are often unable to judge where car horns are coming from · Chddren are easily d~stracted A ch,Id may dart out into the street w~thout stopping to constder the traffic · Chddren have trouble perce~wng the speed of moving objects A car that's approaching fast may look hke it's standing still to a child Educating parents, children, and motonsts about the importance of traffic and pedestnan safety is our primary goal The proposed ordinance will contribute ~n improwng the overall safety for all children and motorists when m school zones Prior to the ~mplementabon and enforcement of the ordinance, we would hke to venture ~nto developm9 a comprehensive parent driver education program to educate the parents about the dangers of Ioadm9 and discharging children unsafely Your input regarding this matter w~ll prove vital ~n our efforts ~n creating a sound program to be ~mplemented c~ty-w,de Please, at your earhest convemence contact the Parking Enforcement D~wslon for further mformat~on at (310) 603-0220 ext 271 S~ncerely, J D Whltaker Parking Control Manager City of Lynwood AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY January 17, 2006 Honorable Mayor & Council Members N Ennque Marbnez, City Man~9~r Andrea L Hooper, C~ty Clerk )UCrl Albert Esp~noza, Deputy C~ty Clerk SUBJECT Lynwood C~ty Council Minutes Recommendation: Staff recommends the City Council adopt the following Minutes · Regular Meebng, December 20, 2005 Background: N/A Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM LYNWOOD CITY COUNCIL REGULAR MEETING DECEMBER 20, 2005 The C~ty Council of the City of Lynwood met m a Regular Meeting ~n the Council Chambers, 11330 Bulbs Road on the above date at 5 10 p m Mayor Vasquez presiding Counc]lmembers Byrd, Johnson, Sanbllan, and Vasquez answered the roll call Counc~lmember Pedroza arr~ved at 5'14 p m Also present were C~ty Manager Marhnez, C~ty Attorney Beltran, and C~ty Treasurer Pygatt C~ty Clerk Hooper was absent Deputy C~ty Clerk Esp~noza announced that the Agenda had been duly posted ~n accordance w~th the Brown Act PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garc~a commented she is not in favor of giving employees an extra two days off for the Hohday Season Irene spoke m favor of ~tem #16 - Landscaped Median Islands on Santa Fe Avenue PUBLIC ORAL COMMUNICATIONS Frank Calderon commented he would like to see the C~ty retrofit its bathrooms and doors to make ~t accessible for d~sable persons L~onso Guzman thanked the Council for their support In approwng the Chamber of Commerce request A~de Castro commented she would not hke to see the Council replace the C~ty Attorney Jack Keen commented he would I~ke to see the Council complete Los Amigos Park Sal Alatorre commented he was glad to see the employee class~ficabon and compensahon ~ssue on the agenda On ~tem #18, Audit Report, he requested the C~ty to be more transparent on their financial reporting Hanan Islam commented on the success of the Wrater Wonderland She menhoned she has seen employees work late ~n the evening and on weekends and believes employees deserve an extra two days off from work for the Hohday Season Joaqu~n Mes~nas congratulated the Councd for doing the Chnstmas posadas events Mr Mes~nas commented he ~s upset at Councd Member Pedroza for the flyers that were g~ven out at the posadas which made ~t seem that this was h~s event rather than the enhre C~ty Councd Lorraine Reed commented about the posadas She recommends the Parks and Recreabon Department do next years posadas flyers to avoid any markebng m~shaps Ms Reed beheves employees deserve an extra two days off from work for the Holiday Season Adolph Lopez commented that ~t ~s OK to use the term Happy Christmas to descnbe the Hohday Season Frank Calderon commented that the C~ty Councd may have wolated Joaqum Mes~na first amendment right A~de Castro beheves the Councd should follow protocol when glwng employees extra days off from work CONSENTCALENDAR All matters hsted under the Consent Calendar w~ll be acted upon by one mobon affirming the action recommended on the agenda There will be no separate d~scuss~on on these ~tems pnor to vohng unless members of the Councd or staff request specific ~tems to be removed from the Consent Calendar for separate action Councdmember Sanbllan pulled ~tem #'s 9 - AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, ~tem #10 -AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, ~tem #11 - AUTHORIZATION TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Byrd, pulled ~tem #9 - AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Vasquez pulled ~tem # 17 - STATUS UPDATE TASK FORCE FOR IMPROVING THE QUALITY OF LIFE IN LYNWOOD, ~tem #18 - STATUS REPORT ON ADDRESSING THE PRIOR YEARS' AUDIT FINDING, ~tem #19 - CHAMBER OF COMMERCE UPDATE - NOVEMBER 2005 It was moved by Counc~lmember Byrd, seconded by Councdmember Pedroza, to approve the m~nutes, recewe & file staff reports and adopt Resolubons Joaqum Mes~nas congratulated the Councd for doing the Christmas Posadas Mr Mes~nas commented he ~s upset at Councd Member Pedroza for the flyers that were g~ven out at the Posadas which made ~t seem that th~s was h~s event rather than the entire C~ty Councd Lorraine Reed commented about the Posadas She recommended the Parks and Recreabon Department do next years Posadas's flyers Ms Reed believes employees deserve an extra two days off from work for the Holiday Season Adolph Lopez commented that ~t ~s OK to use the term Happy Christmas to describe the Holiday Season Frank Calderon commented that the C~ty Councd may have wolated Joaqu~n Mesma first amendment r~ght A~de Castro believes the Councd should follow protocol when g~wng employees extra days off from work CONSENT CALENDAR All matters hsted under the Consent Calendar w~ll be acted upon by one mobon affirming the acbon recommended on the agenda There wdl be no separate d~scuss~on on these ~tems prior to vobng unless members of the Councd or staff request specific ~tems to be removed from the Consent Calendar for separate acbon. Counc~lmember Santdlan pulled ~tem #'s 9 - AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, ~tem #10 - AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, ~tem #11 - AUTHORIZATION TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Byrd, pulled ~tem #9 - AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Vasquez pulled ~tem # 17 - STATUS UPDATE TASK FORCE FOR IMPROVING THE QUALITY OF LIFE IN LYNWOOD, item #18 - STATUS REPORT ON ADDRESSING THE PRIOR YEARS' AUDIT FINDING, ~tem #19 - CHAMBER OF COMMERCE UPDATE - NOVEMBER 2005 It was moved by Councdmember Byrd, seconded by Councdmember Pedroza, to approve the minutes, receive & file staff reports and adopt Resolubons Item #7 MINUTES OF PREVIOUS MEETINGS Special Meebng - December 5, 2005 Regular Meebng - December 6, 2005 Item #8 APPROVAL OF THE WARRANT REGISTERS RESOLUTION NO. 2005.195 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12 ACCEPTANCE OF LYNWOOD RD. (STATE ST. TO MONROVIA AVE ) LOUISE ST (STATE ST TO PEACH ST ) AND CEDAR AVE (STATE ST TO PEACH STREET) PROJECT NUMBER 05-5299 RESOLUTION NO. 2005.196 ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LYNWOOD RD (STATE ST. TO MONROVIA AVE ), LOUISE ST (STATE ST TO PEACH ST.), AND CEDAR AVE (STATE ST TO PEACH ST ) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5299, AS BEING COMPLETE Item #13 QUARTERLY CONTRACT CHANGE ORDER AUGUST 1, 2005 THROUGH OCTOBER 31,2005 Receive and file staff's quarterly contract change order report for the period of August 1, 2005 through October 31, 2005 Item #14 MULTI-WAY STOP AT SANBORN AVENUE AND PINE STREET RESOLUTION NO. 2005.197 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DESIGNATION OF THE INTERSECTION OF SANBORN AVENUE AND PINE STREET AS A MULTI-WAY STOP INTERSECTION Item #15 MULTI-WAY STOP AT AGNES AVENUE AND ERNESTINE AVENUE RESOLUTION NO. 2005.198 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DESIGNATION OF THE INTERSECTION OF AGNES AVENUE AND ERNESTINE AVENUE AS A MULTI-WAY STOP INTERSECTION Item #16 LANDSCAPED MEDIAN ISLANDS ON SANTA FE AVENUE PROJECT APPROVAL AND FUNDS REAPPROPRIATION RESOLUTION NO. 2005.199 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSTRUCTION OF LANDSCAPED MEDIAN ISLANDS ON SANTA FE AVENUE BETWEEN 110TM STREET AND LOS FLORES BOULEVARD AND AUTHORIZING THE NECESSARY FUNDS SWAP FOR THIS PROJECT Item #9 REQUEST FOR PROPOSAL FOR A CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY Counc~lmembers Byrd and Santdlan pulled th~s ~tem for d~scuss~on Councdmembers ~nqu~red ~f the study could be done in-house After d~scuss~on, ~t was moved by Counc~lmember Pedroza, seconded by Mayor Pro Tem Johnson, to adopt the Resolubon RESOLUTION NO. 2005.200 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT A REQUEST FOR PROPOSALS FOR A CITY- WIDE CLASSIFICATION AND COMPENSATION STUDY ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #10 AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Sanhllan pulled th~s ~tem for d~scuss~on Ms Santdlan had a few quesbons for staff After discussion, ~t was moved by Counc~lmember Byrd, seconded by Mayor Pro Tern Johnson, to adopt the Resolubon RESOLUTION NO. 2005.201 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA ROLL CALL AYES NOES COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE ABSTAIN NONE ABSENT NONE Item #11 AUTHORIZATION TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councdmember Sanbllan pulled this item for discussion Ms Sanbllan wanted an update from staff After discussion, it was moved by Councdmember Byrd, seconded by Mayor Pro Tem Johnson, to adopt the Resolution RESOLUTION NO. 2005.202 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #17 STATUS UPDATE TASK FORCE FOR IMPROVING THE QUALITY OF LIFE IN LYNWOOD Mayor Vasquez pulled th~s ~tem for discussion Ms Vasquez talked about the quahty of hfe in Lynwood After d~scuss~on, ~t was moved by Councdmember Pedroza, seconded by Councdmember Byrd, to receive and file th~s reformation ~tem Mayor Vasquez appointed Mayor Pro Tern Johnson to the task force ROLLCALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #18 STATUS REPORT ON ADDRESSING THE PRIOR YEARS' AUDIT FINDING Mayor Vasquez pulled th~s ~tem for d~scuss~on After discussion, it was moved by Councdmember Pedroza, seconded by Mayor Pro Tern Johnson, to 1) review and file the status report on addressing the pnor years' audit findings and 2) adopt the Resolutions RESOLUTION NO. 2005.203 ENTITLED: a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT A REQUEST FOR PROPOSALS FOR A FINANCIAL MANAGEMENT SYSTEM / ENTERPRISE RESOURCE PLANNING SOLUTION RESOLUTION NO. 2005.204 ENTITLED: b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING BY TITLE AND NAME THOSE OFFICIALS WHO ARE AUTHORIZED TO SIGN INSTRUMENTS OF PAYMENT The City Attorney announced a correcbon to Section 2 of the Resolution, which replaces the title "Assistant Treasurer" to "Deputy City Treasurer" Furthermore, language was amended to Section 2 of the Resolubon to state "Provided that at least one of the officers Is the City Treasurer or the Deputy C~ty Treasurer, unless both the City Treasurer and the Deputy City Treasurer are physically not available, in which case the Mayor's or the City Manager's signature would be necessary, in addlbon to the second approving officer" ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #19 CHAMBER OF COMMERCE UPDATE - NOVEMBER 2005 It was moved by Counc~lmember Byrd, seconded by Counc~lmember Pedroza, to receive and file th~s report ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE DISCUSSION ITEMS Item #20 SOLID WASTE CONTRACT RATE INCREASE After d~scusslon, ~t was moved by Mayor Pro Tern Johnson, seconded by Councilmember Pedroza, to adopt the Resolubon w~th Scenario 2 Scenano 2 In th~s scenario, beg~nmng ~n January 2006, resldenbal customers wdl be subject to a 2 5% CPI increase (prorated to account for the delay ~n the 2.5% ~ncrease s~nce November 2005), and commercialhndustdal customers will be subject to the CPi increase and an add~bonal d~vers~on cost The resulbng rate increases for these two sectors would be 19 50% RESOLUTION NO. 2005.205 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE RESIDENTIAL AND COMMERCIAL RATE INCREASES FOR SOLID WASTE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT WITH CONSOLIDATED DISPOSAL SERVICES, INC ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #21 REQUEST FOR EXTENSION OF THE AMENDED AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE This ~tem was d~scussed jointly w~th the Lynwood Redevelopment Agency It was moved by Mayor Vasquez, seconded by Mayor Pro Tern Johnson, to approve option #1 (60 s~xty day extension) w~th stipulations that th~s ~tem be referred to a committee, telewse future Chamber meetings, and Chamber to prowde quarterly reports RESOLUTION NO. 2005.206 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE FOR PROFESSIONAL SERVICES ROLL CALL AYES NOES ABSTAIN ABSENT COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #22 RELOCATION OF PARKING METERS FROM NORTH LONG BEACH BLVD ZONE 2B After d~scuss~on, ~t was moved by Councflmember Byrd, seconded by Councdmember Pedroza, to approve ~nstallabon of the parking meters on Atlanbc Avenue between Imperial H~ghway and the 1-105 Freeway On a substitute motion, ~t was moved by Councllmember Santtilan, seconded by Councflmember Pedroza, to approve mstatlatton of the parking meters on Atlantic Avenue between Impenal H~ghway and the 1-105 Freeway and also approve ~nstallabon of parking meters on State Street between Impenal H~ghway and Fernwood Avenue ROLL CALL AYES. NOES ABSTAIN ABSENT COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #23 UTILITY USERS TAX EXEMPTION FOR LYNWOOD PARK WATER USERS - ASSESSMENT OF ALTERNATIVES The Councd considered the possible extension of the exempbon from the Lynwood Ubhty Tax for Park Water Company customers beyond the scheduled exp~rabon date of December 31, 2005 After d~scuss~on of the ~ssue and conflrmabon that semor c~t~zens and the d~sabled would not be affected ~f the exempbon ~s allowed to lapse, ~t was moved by Mayor Vasquez, seconded by Councdmember Pedroza, NOT to take any acbon to extend the exempbon beyond the December 31,2005 exp~rabon date The Resolution extending the Water Ubhty Users Tax Exemphon for customers of Lynwood Park Water Company through January 31,2006, was not adopted ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #24 SECOND READING OF ORDINANCE- PURCHASING PROCEDURES AND CONTRACTS After discussion, it was moved by Mayor Pro Tern Johnson, seconded by Counc~lmember Byrd, to adopt the Ordinance ORDINANCE NO. 1571 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 2-5 AND SUBSECTIONS 6-3 I THROUGH 6-3 13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6-3 1 THROUGH 6-3 13 AND A NEW SECTION 6-6 FOR THE PURPOSES OF UPDATING THE CITY'S PURCHASING PROCEDURES, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ENTER INTO CERTAIN CONTRACTS ON BEHALF OF THE CITY AND MOVING THE PROVISIONS OF THE CODE REGARDING CONTRACTS FOR PUBLIC WORKS PROJECTS TO A NEW SECTION OF THE CODE FOR CLARITY ROLL CALL AYES NOES ABSTAIN ABSENT COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Deputy C~ty Clerk Esp~noza read the Ordinance by btle On a separate mobon, ~t was moved by Councdmember Pedroza, seconded by Mayor Pro Tem, to direct staff to begin complying with the prows~ons of the Ordinance effective ~mmed~ately ROLL CALL AYES NOES ABSTAIN ABSENT COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #25 HP AUDIO & VIDEO PRODUCTION After discussion, it was moved by Mayor Vasquez, seconded by Councllmember Byrd, to continue agreement on a month-to month bas~s ROLL CALL AYES NOES ABSTAIN ABSENT. COUNCIL MEMBERSBYRD, JOHNSON, SANTILLAN, AND VASQUEZ NONE PEDROZA NONE DISCUSSIONITEMS-CITYCOUNCILREQUESTS Item #26 LATINO CHAMBER OF COMMERCE CHRISTMAS DINNER After d~scusslon, ~t was moved by Councdmember Santdlan, seconded by Councllmember Byrd, to approve an amount of $720 RESOLUTION NO. 2005.207 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CITY'S ASSISTANCE TO THE LYNWOOD LATINO CHAMBER OF COMMERCE IN CONDUCTING THEIR ANNUAL CHRISTMAS DINNER SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2005 ROLL CALL AYES NOES, ABSTAIN ABSENT COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #27 CITY COUNCIL STAFF SUPPORT A Member of the City Council requested an ~tem be placed on the agenda to discuss the current and future staff support needs for the City Council After d~scuss~on, it was moved by Mayor Pro Tem Johnson, seconded by Counc~lmember Pedroza, to d~rect staff to bring back th~s ~tem for d~scuss~on for a later date ROLL CALL AYES NOES ABSTAIN ABSENT COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #28 CLOSED SESSION City Attorney Beltran stated with respect to every item of business to be discussed in Closed Session Pursuant to Section 54956.8: A CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properhes See hsbng of properties by Address and Assessor Parcel Numbers In Attachment "A" to th~s agenda City Negobator C~ty Council, C~ty Manager, C~ty Attorney, Development Services D~rector and Unwersal F~eld Services, Inc Negotiating' See I~st~ng of properties and property owners ("Seller" or "Seller's") ~n Attachment "A" to th~s agenda Under Negotiation Pnce and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of ~mmovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwdl to part~es legally entitled thereto B W~th respect to every ~tem of bus~ness to be d~scussed ~n closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION S~gmf~cant exposure to I~t~gat~on pursuant to subd~ws~on (b) of Section 54956 9 Two (2) Cases 1 Bond Ratings 2 Jose Castro C With respect to every Item of bus~ness to be d~scussed ~n closed session pursuant to Section 54957 PUBLIC EMPLOYEE APPOINTMENT/DISCIPLINE/DISMISSAL/RELEASE D~rector of Redevelopment D With respect to every ~tem of bus~ness to be discussed ~n closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subd~ws~on (a) of section 54956 9 ) I Name of Case 2. Name of Case. Bulletin Displays v C~ty of Lynwood Case No BC340572 R~cky Lee v C~ty of Lynwood Case No VN00478353 Case No 0700200038 3 Name of Case Cynthia Green-Geter v C~ty of Lynwood Case No MON0287727 Case No 0700000041 It was moved by Councilmember Byrd, seconded by Councilmember Pedroza, and carried to recess to Closed Session at 9:31 p.m. Council reconvened at 12:33 a.m. City Attorney Beltran stated that Council met on the aforementioned matters and stated on: A CONFERENCES WITH REAL PROPERTY NEGOTIATORS Properties See I~sbng of properbes by Address and Assessor Parcel Numbers m Attachment "A" to th~s agenda C~ty Negobator C~ty Councd, C~ty Manager, C~ty Attorney, Development Services D~rector and Umversal F~eld Services, Inc Negobabng See I~shng of properbes and property owners ("Seller" or "Sel!er's") m Attachment "A" to th~s agenda Under Negobabon Price and terms of payment - Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of ~mmovable fixtures and equipment, prows~on of appropriate relocation benefits and compensation for potenbal loss of goodwill to parties legally enbtled thereto Councd addressed four specific ~tems related to one of the components of the property acqu~s~bon After d~scuss~on the Councd reached consensus 5-0 approving appraisal settlement offer for the goodwill involved ~n the four businesses B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION S~gn~ficant exposure to I~t~gation pursuant to subd~ws~on (b) of Sechon 54956 9 Two (2) Cases 1 Bond Rabngs No action was taken 2 Jose Castro No action was taken C PUBLIC EMPLOYEE APPOINTMENT/DISCIPLINE/DISMISSAL/RELEASE City Attorney Staff was prowded further ~nstruct~ons Th~s ~tem ~s to be brought back for d~scuss~on and acbon by Council D CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subd~ws~on (a) of section 54956 9 ) 1 Name of Case Bulletin D~splays v C~ty of Lynwood Case No BC340572 Councdmember Sanbllan was not present dunng d~scuss~on of th~s matter After discussion, the Council reached consensus and prowded further mstrucbon regarding the handhng of th~s I~bgat~on matter 2 Name of Case R~cky Lee v C~ty of Lynwood Case No VN00478353 Case No 0700200038 After presentabon by special counsel, the Councd reached consensus and provided settlement authonty 3 Name of Case Cynthia Green-Geter v C~ty of Lynwood Case No. MON0287727 Case No 0700000041 After presentahon by special counsel, the Council reached consensus and prowded settlement authonty ADJOURNMENT Hawng no further d~scuss~on, ~t was moved by Counc~lmember Pedroza, seconded by Mayor Pro Tem Johnson, and carried to adjourn the regular Lynwood C~ty Councd meeting at 12 35 a m Lebc~a Vasquez, Mayor Andrea L Hooper, C~ty Clerk DATE TO APPROVED BY PREPARED BY SUBJECT AGENDA STAFF REPORT January 17, 2006 Honorable Mayor & C~ty Council M~~ ce~ N Enr, que Mart.nez, C,ty Managy./f.d-./// · Mananna Marysheva, Assistant C~ty Mana[jer - F~nan Tamu Ledbetter, Accounting Techmc~an~..~. Approval of the Warrant Register Recommendation: Staff respectfully recommends that the warrant register Lynwood C~ty Councd approve the ..................... Attached Warrant Register dated January 17, 2006 .................. AGENDA ITEl~ AGENDA STAFF REPORT Date To Approved by Prepared by Subject Januaw 17, 2006 Honorable I~ayor and Members of t~.Cl~ouncd N Enr, que I~l~a~e~nager///,/',~-//,/' Jim Given, {~ ,,~L~_r °f Re_creation & Community Serv'ces Appropr.at,%n.,,~f¢ Gr,ant .F',u, nds Received from the City of Vernon Propos~bon 'V~Fund~ng AIIocabon Recommendation: Staff recommends that the C~ty Council adopt the attached reso~ubons approving the acceptance of the funds and appropnatmg the funds as a part of the current 2005-2006 Operabng Budget 1 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE TRANSFER OF MAINTENANCE AND SERVICING FUNDS FROM THE SAFE NEIGHBORHOOD PARKS PROPOSITIONS OF 1992 AND 1996 (PROPOSITION A) ALLOCATED TO THE CITY OF VERNON FOR THE MAINTENANCE OF PROPOSITION A FUNDED PROJECTS IN THE CITY OF LYNWOOD 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS RECEIVED BY THE CITY OF LYNWOOD FROM THE CITY OF VERNON PROPOSITION "A" PARK FUNDS INTO REVENUE AND EXPENDITURE ACCOUNTS AS A PART OF THE CURRENT 2005-2006 OPERATING BUDGET Background: The C~ty of Vernon currently receives Maintenance and Servicing funds from the Los Angeles County Regional Park and Open Space D~stnct Propos~bon policy allows the Qty of Vernon to transfer ~ts right to all or a porbon of ~ts Maintenance and Servicing momes to other agencies For over ten years, the C~ty of Vernon has transferred a porbon of ~ts Proposition "A" funding to the C~ty of Lynwood Discussion & Analysis' The City of Vernon has no inventory of parks and recreabon facd~bes For th~s reason the C~ty of Vernon partners w~th ~ts ne~ghbonng c~bes such as ours to prowde recreabonal opportunities for ~ts residents The C~ty of Lynwood has received formal nobflcabon from the C~ty of Vernon of the approval of a transfer of Prop "A" funds ~n the amount of $10,000 Propos~bon "A" prowdes sales tax dollars for the expansion of pubhc services These particular funds will be used to maintain park facllibes for the enjoyment of all Lynwood residents AGENDA ITEi~ /0 In exchange for these funds, the Qty of Lynwood prowdes avadabd~ty of ~ts softball/baseball fields for a softball league from the C~ty of Vernon Use of the fields ~s not free The wsiting Vernon recreabonal league pays a rental fee to the C~ty for the use of the fields These funds wdl be used for personnel n~cessary to maintain ~mprovements made to c~ty's parks and fac~htles through the use of Proposlbon "A" funds Th~s grant was received after the adoption of the 2005-2006 Annual Budget so these funds were not ~ncluded as a part of th~s budget In order to expend the funds received ~t ~s necessary to appropriate these funds to both revenue as well as expenditure accounts Fiscal Impact: The C~ty of Lynwood is receiving an addlbonal $10,000 for park maintenance actlwbes Coordinated With: C~ty Manager's Office, Enwronmental Services Department, C~ty Attorney, and Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS RECEIVED BY THE CITY OF LYNWOOD FROM THE CITY OF VERNON PROPOSITION "A" PARK FUNDS INTO REVENUE AND EXPENDITURE ACCOUNTS AS A PART OF THE CURRENT 2005-2006 ANNUAL OPERATING BUDGET. WHEREAS, The C~ty of Lynwood works closely with surrounding commumbes for the overall benefit of the southeast area, and WHEREAS, The City continues an active relationship w~th the City of Vernon, and WHEREAS, The C~ty of Lynwood has received unused Propos~bon A funds from the City of Vernon for over ten years m exchange for rental use of its softball/baseball fields, and WHEREAS, The C~ty has been not~fied that ~t has been approved to receive a grant from the City of Vernon m the amount of ten thousand dollars ($10,000) to be used for park maintenance, and WHEREAS, These funds wdl be used for personnel necessary to maintain improvements made to the C~ty's parks and facdltles through the use of Proposition "A" funds WHEREAS, The funds received from th~s grant were not approved as a part of the adopted 2005-2006 Annual Budget WHEREAS, In order to expend the funds received ~t ~s necessary to appropnate these funds to both revenue as well as expenditure accounts NOW, THEREFORE, The City Councd of the City of Lynwood does hereby find, determane, order and resolve as follows Section 1. The C~ty Manager or h~s designee ~s authorized to undertake any achwhes m order to bnng the necessary transactions ~dentlfled m th~s resolubon to fru~bon Section 2. To appropriate the grant funds received ~n the amount of $10,000 00 as follows Revenue Account Expenditure Account 62-30550 05- 5222-4101 $10,000 $10,000 Section 3. This resolution shall become effecbve Immed~ately upon ~ts adoption PASSED, APPROVED and ADOPTED this 17th day of January 2006 Let~c~a Vasquez, Mayor ATTEST. Andrea L Hooper, City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT Qty Attorney N Ennque Martlnez, City Manager /3~m G~ven, D~r,,~tor ~,Recreat~on & Community Services ep~ent STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } I, the undersigned C~ty Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolubon was duly adopted by the C~ty Council of the City of Lynwood at a regular meeting held at City Hall on the 17th day of January 2006, and passed by the following votes AYES NOES ABSENT ABSTAIN Andrea L Hooper, C~ty Clerk STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned C~ty Clerk of the C~ty of Lynwood, and Clerk of the C~ty Councd of said C~ty, do hereby certify that the above and foregoing ~s a full, true and correct copy of Resolution No on file m my off~ce and that sa~d Resolubon was adopted on the date and by the vote there~n stated Dated th~s 17th day of January 2006 Andrea L Hooper, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE TRANSFER OF MAINTENANCE AND SERVICING FUNDS FROM THE SAFE NEIGHBORHOOD PARKS PROPOSITIONS OF 1992 AND 1996 (PROPOSITION A) ALLOCATED TO THE CITY OF VERNON FOR THE MAINTENANCE AND SERVICING OF PROPOSITION A FUNDED PROJECTS IN THE CITY OF LYNWOOD WHEREAS, on November 3, 1992 and on November 5, 1996, the c~bzens of the County of Los Angeles enacted Propos~bon A, the Safe Neighborhood Parks Propos~bons (Proposlbons), to prowde funds to the County of Los Angeles and other local governmental enbhes w~th~n the County of Los Angeles, ~nclud~ng Maintenance and Serwc~ng Funds, for the purpose of developing fac~hbes for pubhc recreation and open space purposes, and WHEREAS, on November 16, 2005, the C~ty Councd of the Qty of Vernon adopted Resolution No 8888 which authorized the transfer of $10,000 of Propos~bon A Maintenance and Servicing funds to the C~ty of Lynwood for the maintenance and servicing of Proposition A funded projects m the C~ty of Lynwood, NOW, THEREFORE, the C~ty Councd of the C~ty of Lynwood does hereby find, determine, order and resolve as follows Section 1 The C~ty Councd of the C~ty of Lynwood hereby requests approval by the Los Angeles County Regional Park and Open Space D~stnct of the transfer of maintenance and servicing funds ~n the amount of $10,000 from the C~ty of Vernon for the maintenance and servicing of Propos~bon A funded projects m the City of Lynwood, and Section 2 The Qty Councd of the C~ty of Lynwood hereby cerbfles that the C~ty of Lynwood wdl be the applicant for the funds and wdl be able to apply for and spend these funds only ~n accordance w~th the prows~ons of the Los Angeles County Regional Park and Open Space D~stnct Maintenance and Servicing Pohcy, and Section 3. The C~ty Council of the C~ty of Lynwood hereby appoints the C~ty Manager of the C~ty of Lynwood, or designee, to act as the C~ty's agent to execute and submit all documents that are necessary Section 4. Th~s resolubon shall become effecbve ~mmed~ately upon ~ts adoption PASSED, APPROVED and ADOPTED th~s 17th day of January 2006 ATTEST Andrea Hooper, City Clerk Lebc~a Vasquez, Mayor APPROVED AS TO FORM APPROVED AS TO CONTENT C~ty Attorney STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } N Ennque Mart~nez, C~ty Manager iven, D~rector abon & Community ment Services I, the undersigned C~ty Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolubon was duly adopted by the C~ty Council of the C~ty of Lynwood at a regular meebng held at C~ty Hall on the 17th day of January 2006, and passed by the following votes AYES NOES ABSENT ABSTAIN Andrea L Hooper, C~ty Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the C~ty of Lynwood, and Clerk of the C~ty Council of sa~d C~ty, do hereby cerbfy that the above and foregoing ~s a full, true and correct copy of Resolution No on file ~n my off~ce and that sa~d Resolubon was adopted on the date and by the vote there~n stated Dated th~s 17th day of January 2006 Andrea L Hooper, City Clerk AGENDA STAFF REPORT DATE TO. APPROVED BY PREPARED BY January 17, 2006 Honorable Mayor & City Council Me.~b,.,~/,~ N. Ennque Mart~nez, Qty Manage))/./,/~''///' Kirk Pelser, Intenm Redevelopment Director ~',~' Leaonna Fletcher, Sr Rehabd~tabon Spectahst SUBJECT Reimbursement of HOME Program funds for terminated projects Recommendation: Staff recommends that the Qty Councd adopt the attached resolubon enbtled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AUTHORIZE THE REMIBURSEMENT TO HUD FOR TERMINATED PROJECTS" Background: In past years, a number of projects utilizing Federal HOME Program funds were not thoroughly reviewed by staff After a careful review of these project files, staff has determined that several projects meet HUD's deflnlbon of a terminated project Terminated projects are HOME assisted projects that are terminated before completion, either voluntanly or otherwise, constitute an ineligible acbwty and any HOME funds invested ~n the project must be repaid to the part~c~pabng junsdlcbon's HOME Investment Partnerships Program Trust Fund HOME funds are to be ut~hzed to provide financial assistance and affordab~hty to Iow ~ncome homeowners The C~ty must ensure project requirements are met when investing HOME funds by estabhsh~ng affordability periods w~th deed restncbons, covenants runmng w~th the land and showing proof of Iow ~ncome benefit Projects that fail to ensure the requirements are ~nehg~ble Discussion and Analysis The following HOME assisted projects are terminated as defined by HUD and require the ~mmed~ate repayment of HOME Program funds. AGENDA ITE~ // 3571 & 3599 Lynwood Road - $104,764 - th~s project is terminated pursuant to HUD deflmtions These properties do not have recorded deed restncbons I~m~t~ng the properbes to iow ~ncome households The properties fa~l to prowde documentabon complying w~th HUD regulabons 12033 Atlantic Avenue- $45,000 - this project ~s terminated because of non-comphance w~th federa~ requirements such as no recorded deed restnctlons and absence of documentabon complying with HUD regulations Redwood Estates- $378,000 - the project ~s not considered modest by HOME program regulations HUD uses the FHA loan bruits for single famdy and the current hmlt ~s $370,500 11434 State Street- $380,322 - th~s project ~s terminated because of non comphance w~th federal requirements such as no recorded deed restrmbons and absence of documentabon complying w~th HUD regulabons Th~s property was sold and the C~ty recaptured a porbon of the HOME funds, the proceeds were deposited ~n the City's HOME Program, Program Income Account 5206-5208 compliance restncbons regulabons MLK-$75,711 -this project is terminated because of non w~th federal requirements such as no recorded deed and absence of documentation complying w~th HUD Th~s property was sold and the Qty recaptured a port,on of the HOME funds, the proceeds were depostted ~n the C~ty's HOME Program, Program Income Account Program Income ~s defined as gross income received by the C~ty d~rectiy ger~erated from the use of HOME funds A total of $983,797 for the terminated projects as outhned above shall be returned to HUD ~mmed~ately Fiscal Impact The HUD funds will be repaid from the following accounts. · Unappropriated Redevelopment Project Area "A" - $233,756 · Unappropriated Redevelopment Project Area "A" Low-Mod Housing fund - $378,000 · HOME Program, Program Income Account- $372,041 HUD w~ll receive the funds and then make them avadable to the C~ty to spend on ehg~ble acttwbes such as a Community Housing Development Organization project or housing rehabditabon unbl June 30, 2006 In addition, HUD requires that ~nterest be pa~d on funds that have been drawn from the Treasury from the date of drawdown Staff wltl work w~th HUD to determine the amount of ~nterest that is due and will reflect the amount later. Attachments 1 Deflmt~ons from HUD 2 Resolubon Coordinated with: F~nance Department, City Attorney's Off~ce and C~ty Manager's Off~ce RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AUTHORIZE THE REIMBURSEMENT TO HUD FOR TERMINATED PROJECTS WHEREAS, The following homes were budt or renovated with HOME funds 3571 and 3599 Lynwood Road, $104,764, 12033 Atlanbc Avenue, $45,000, Redwood Estates $378,000 11434 State St, $380,322, 5206 through 5208 Marbn Luther King Blvd, $75,711, and WHEREAS, The homes are ~nehg~ble for HOME funds for various reasons ~nclud~ng the construction of homes which exceed Federal HOME requirements for Iow ~ncome housing, or the absence of deed restrictions on HOME umts, and therefore such funds are not appropriate for the use of federal HOME dollars, and WHEREAS, The C~ty finds it more appropriate to refund the Federal HOME funds utilized to build these homes and appropriate the Redevelopment Project Area "A" funds to pay for the development of the above projects, WHEREAS, There are sufficient funds in the Unappropriated Redevelopment Project Area "A" account fund balance, HOME Program, Program Income account and Unappropriated Redevelopment Project Area "A" Low-Mod Housing funds to provide for the transfer of funds NOW THEREFORE, the Lynwood Redevelopment Agency does hereby find, proclaim, order and resolve as follows Section 1 The projects 3571 and 3599 Lynwood Road, $104,764, 12033 Atlantic Avenue, $45,000, Redwood Estates $387,000, 11434 State St, $380,322, 5206 through 5208 Martin Luther King Blvd., $75,711, meet the criteria for the use of Redevelopment funds as the homes w~ll stdl be restricted to Iow and moderate income persons and deed restricted for 40 years Secbon2 The Ctty approves the following expenditure totahng $983,797 to repay the Federal HOME dollars utd~zed for the above projects · $378,000 - Unappropriated Redevelopment Project Area "A' Low- Mod Housing · $233,756 - Unappropriated Redevelopment Project Area "A" fund balance · $372,041 - HOME Program, Program Income Account Section 3 Th~s resolution shall go ~nto effect immediately upon ~ts adoption by Councd PASSED, APPROVED, and adopted this 17th day of January 2006 Lebc~a Vasquez, Mayor Andrea L Hooper, City Clerk APPROVED AS TO FORM N Ennque Marbnez, C~ty Manager APPROVED AS TO CONTENT City Attorney Kirk Pelser, Interim Director of Redevelopment 1. IS at~lbutable to a mental or physical impairment or combination of mental and physical linpainnents, n Is manifested before the person attains age 22; lil Is likely to continue indefinitely, Results in substantial functional llrmtations in three or more of the following areas of major life activity self-care, receptive and expressive language, leamingf mobility, self-direction, capacity for independent living, and economic self-sufficiency, and v. Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of hfelong or extended duration and are individually planned and coordinated Notunthstandlng the preceding provisions of this definition, the term "person with disabilities" includes two or more persons with &sabillties living together, one or more such persons living with another person who is determined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were llmng, in a unit assisted with HOME funds, with the deceased member of the household at the time of his or her death J~Progr~m¢ means gross income re ce ived by the participating j urlsdlctiorl, State ·" ~ubrecipient directly generated from the use of HOME funds or matching contributions When program income is generated by housing that Is only partxally assisted with HOME funds or matching funds, the income shall be prorated to reflect the percentage of HOME funds used Program lncolne includes, but is not limited to, the following 1 Proceeds from the disposition by sale or long-term lease of real property acquired, rehabihtated, or constructed with HOME funds or matching contribtmons, Gross income from the use or rental of real property, owned by the participating jurisdlctlon, State recipient, or a subrecipient, that was acquired, rehablhtated, or constructed, with HOME funds or matching contributions, less costs incidental to generation of the income, 3. Payments of principal and i~nterest on loans made using HOME funds or matching contributions, 4 Proceeds from the sale of loans made with HOME funds or matching contributions, 5 Proceeds from the sale of obligations secured by loans made with HOME funds or matching contributions, 6 Interest earned on program income pending its disposition, and 7. Any other interest or return on the investment permitted under § 92 205(b) of HOME funds or matching contributions b. Forms of asststance A participattng jurisdiction may invest HOME funds as equity investments, interest- bearing loans or advances, non-mterest-beanng loans or advances, interest subsidies consistent with the purposes of this part, deferred payment loans, grants, or other forms of assmtance that HUD determines to be consistent with the purposes of this part Each participating jurisdiction has the right to establish the terms of assistance, subJeCt to the requirements of this part A participating jurisdiction may invest HOME funds to guarantee loans made by lenders and, if required, the participating jurisdiction may establish a loan guarantee account with HOME funds The HOME funds may be used to guarantee the timely payment of principal and interest or payment of the outstanding principal and interest upon foreclosure of the loan The amount of the loan guarantee account must be based on a reasonable estimate of the default rate on the guaranteed loans, but under no circumstances may the amount on deposit exceed 20 percent of the total outstanding principal amount guaranteed, except that the account may include a reasonable minimum balance While loan funds guaranteed with HOME funds are subject to all HOME requirements, funds which are used to repay the guaranteed loans are not C Mtmmum amount of assistance The wammum amount of HOME fund~ that must be invested in a project involving rental housing or homeownership is $1 ;000 times the number of HOME-assisted units in the project Multt-umtprojects HOME funds may be used to assist one or more housing units in a multi-mt project Only the actual HOME eligible development costs of the assisted units may be charged to the HOME program If the assisted and non-assmted units are not comparable, the actual costs may be determined based on a method of cost allocation If the assisted and non-assisted units are comparable in terms of size, features and number of bedrooms, the actual cost of the HOME-assisted units can be determined by pro-rating the total HOME eligible development costs of the project so that the proportion of the total development costs charged to the HOME program does not exceed the proportion of the HOME-assisted units in the project. ~--~ e~Te;mma~edpr~j~ct~A HOME assmted project that is termlnated before completlon, either volunt~nTly~ otherwise, constitutes an ineligible activity and any HOME funds invested in the project must be repaid to the participating junsdmtion's HOME Investment Trust_ Fund in accordance with § 92 503(b) (except for project-specific assistance to community housing development organizations as provided in § 92 301(a)(3) and § 92.301(b)(3)) § 92,206 Eligible Project Costs HOME funds may be used to pay the following eligible costs a Development hard costs The actual cost of constructing or rehabilitating housing These costs include the following 25 AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY January 17, 2006 Honorable Mayor & C~ty Councd Mem_bej~s.,~ N Ennque Martlnez, City Manage¢/./~¢.////4 K~rk Pelser, Interim Redevelopment D~rector Leaonna Fletcher, Sr Rehabdltatlon Speclahst SUBJECT Approval of Amendments to the Housing Rehabilitation Program Guidehnes and Procedures Recommendation: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENTS TO THE HOUSING REHABILITATION PROGRAM GUIDELINES" Background: Staff has prepared new HOME Program gu~dehnes and procedures for the C,ty Councd's consideration The program gu~dehnes have been updated to meet HUD's current standards and regulations and to allow Lynwood to more effectively spend HOME funds to improve the community In the past, the C~ty has had dlff~culbes in spending HOME funds effectively and in a timely manner However, with the increase ~n the City's median sales pnce allowance by HUD from $312,895 to $370,500 and proposed new program guldehnes, Lynwood will be posiboned to provide a more producbve program and can better ensure successful investment to the City The C~ty's HOME program has allowed for single and mulb-famdy housing rehabilitation, homeownership assistance and new construction of homes to quahfled restdents of Lynwood The program wdl continue to prowde assistance to expand the supply of decent, safe, samtary, and affordable housing to all quahfled residents of Lynwood Discussion and Analysis: Currently, the HOME program provides for e~ther a grant or loan to qualified Iow- income homeowners w~th the following hm~ts and terms AGENDA IT~I~ · Grants- $10,000 · Loans up to $30,000 @ 3% ~nterest and payable after ten years m a lump sum · Homeowners can apply every five years Staff ~s recommending the gu~dehnes be amended to reflect the rewsed hm~ts and terms below · Grants - $10,000 for correcbng code wolabons · Loans - $65,000 @ (0)%, due upon sale or transfer of property · Homeowners can only receive assistance once per property W~thm the new gu~dehnes the homeowners w~ll have the opbon of obta~mng both the grant and loan w~th a maximum combined amount of $75,000 The revised gu~dehnes will also ensure code compliance after the rehab~htabon has been completed In add~bon to ~mprowng the HOME program gu~dehnes, staff ~s committed to Improwng the manner in which HOME related program apphcations are received and processed In late summer of 2004, staff had on file 90 apphcabons many of which had not been processed ~n any manner Currently, there are 115 apphcabons on file Of these, approximately 79 have been opened and the apphcants have been contacted by staff and asked to prowde add~bonal mformabon ~n order to complete the apphcabon Another 33 of the apphcat~ons have been deemed complete Each of these ~s being processed now A number of these are s~mply wa~bng for termite inspecbon to be complete before final funding Two applications were denied because the apphcant's ~ncome exceeded allowable hmlts and one apphcant dropped out of the program Fiscal Impact: There ~s no fiscal impact to the Qty's General Fund The HOME dollars w~ll be spent more effecbvely and prowde a substanbal amount of financial assistance to quahfled homeowners to meet HUD requirements Coordinated With: F~nance Department, C~ty Attorney's Off~ce, and C~ty Manager's Off~ce Attachments I Resolution RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENTS TO THE HOUSING REHABILITATION PROGRAM GUIDELINES WHEREAS, The Qty of Lynwood is a partlc~pabng junsdlcbon of the HOME Program and receives an allocation of federal funds to prowde affordable housing for Iow ~ncome households, and WHEREAS, The Lynwood C~ty Council has adopted a Housing Rehabihtabon Program to address the housing needs and enhance the overall housing cond~bons and ~ncrease affordable housing opportumt~es to principally benefit Iow ~ncome households, and WHEREAS, The HOME funded housing programs are adm~mstered by the C~ty of Lynwood ~n comphance w~th the federal regulations estabhshed by the Department of Housing and Urban Development (HUD), and WHEREAS, The federal regulabons provide opportumbes for the C~ty of Lynwood to estabhsh programs and develop program gu~dehnes according to the local housing needs NOW, THEREFORE, The C~ty Council does hereby resolve as follows Secbon 1 That the C~ty of Lynwood Housing Rehabd~tat[on Guidelines ~s hereby amended to read as follows SECTION III Types of Financial Assistance A Grants & 1 2 3 4 5 Loans A maximum grant amount of $10,000 A maximum loan amount of $65,000 w~th 0% ~nterest Loan amount due and payable upon sale or transfer of property A homeowner can receive a maximum combined loan for $75,000 Per HUD gu~dehnes HOME fund assistance can only be g~ve once per property Secbon 2 That the C~ty Manager or h~s/her designee ~s authorized to prepare and execute any such documents related to the amendment to the guidelines Secbon 3 That this resolubon takes effect ~mmed~ately upon ~ts adopbon PASSED, APPROVED, and adopted th~s 17th day of January 2006 Andrea L Hooper, City Clerk APPROVED AS TO FORM Lebc~a Vasquez, Mayor N Ennque Marbnez, C~ty Manager APPROVED AS TO CONTENT C~ty Attorney Kirk Pelser, Interim Director of Redevelopment HOUSING REHABILITAION PROGRAM GUIDELINES AND PROCEDURES B Introduction General The Housing Rehabilitation Program has been adopted by the City Council of the City of Lynwood to meet the City's Community Development goals of providing its residents with decent, safe and sanitary housing and a suitable living environment as outhned in the City's approved 5-Year Consolidated Plan The Housing Rehabilitation Program provides technical and financial assistance to qualifying owners of residential properties in designated target areas in the City of Lynwood The primary funding of the Program is through the Home Investment Partnership Program (HOME Program), a federal program under which the City is allocated funds directly from the U S department of Housing and Urban Development (HUD) for affordable housing purpose The primary purpose of the HOME Program is to expand the supply of decent, safe and sanitary and affordable housing Since November 1975, the Housing Rehabilitation Program has prowded assistance to numerous property owners Descnption-of-Assmtance 1 Technical Assistance Program staff provides assistance to qualify applicants in · loan counseling · code compliance · property rehabilitation · preparation of cost estimates · preparing of bids and contracts · selection of contractors · construction momtorlng 2 Fmancml Assistance The Rehabilitation Program offers quahfylng property owners financial assistance in the form of grants and deferred payment loans (DPL). At the City Council's direction, program components may be added, revised and/ or deleted, depending on particular requirements Program Regulations This manual sets forth the pohcles and procedures under which the City of Lynwood's Housing Rehabilitation Program will operate The policies and procedures contained herein can only be revised, amended and or deleted by the C~ty Council of the City of Lynwood This mauual becomes effective immediately upon approval by the City Council of the City of Lynwood II. GLOSSARY OF HOME TERMS The following terms and definitions shall apply to this Manuel "AdJusted Income" AdJusted income is annual (gross) Income reduced by deductions for dependents, elderly households, medical expenses, handicap assistance expenses and chddcare (these are the same adjustment factors used by the Section 8 Program) AdJusted income is used in HOME to compute the actual tenant payment in Tenant Based Rental Assistance programs and the low HOME rent in rental projects in which rents are based on 30% of a family's adjusted gross income "Affordabihty" The requirements of the HOME Program that relate to the cost of housing both at initial occupancy and over established timeframes, as prescribed in the HOME Final Rule Affordablhty requirements vary depending upon the nature of the HOME assisted activity (re homeownership or rental housing) Annual Income The HOME Program allows the use of one of three defimtions of annual income Section 8 annual income, annual income as reported on the U S Census long form, and adjusted gross income as defined for reporting on IRS Form 1040 Commitment Commitment means one of three things (1) The PJ has executed a legally binding agreement with a State recipient, sub-recipient, or contractor to use a specific amount of HOME funds to produce affordable housing or provide tenant-based rental assistance, or (2) has executed a written agreement reserving a specific amount of funds for a CHDO, or (3) has met requirements to commit to a specific local project as defined below Commitment to a specific local project Commitment to a specific local project means that a legally bindmg agreement was executed meeting one of the following sets of requirements (1) For rehabilitation or new construction projects, the PJ (or other entity) and the project owner will execute an agreement for an identifiable project under which construction can reasonably be expected to start within 12 months of the agreement date If the project is owned by the PJ or state recipient, the project must be set up in the disbursement and information system and construction reasonably expected to start within 12 months of the set-up date (2) If the project consists of acquisition of standard housing by the PJ the agreement must be a binding contract for the sale of an identifiable property and the property title must be transferred to the PJ (or other entity) within six months of the date of the contract (3) If the project involves the acqmsition of standard housing and the PJ IS providing HOME funds to a purchaser, under the agreement, the title of the property must be transferred to the purchaser within six months of the agreement date (4) If the project consists of TBRA, the PJ must enter Into a rental assistance contract with the owner or the tenant in accordance with the provtsmns of 24 CFR Part 92 209 Community Housing Development Organization (CHDO) A private, nonprofit organization that meets a series of qualifications prescribed in the HOME regulations at 24 CFR Part 92 2 Participating jurisdictions must award at least 15 percent of its annual HOME allocation to CHDOs Final Rule The Final HOME Rule was published at 24 CFR Part 92 on September 16, 1996 and became effective on October 16, 1996 It was amended on August 22, 1997 HOME-Assisted Units A term that refers to the units within a HOME project for which rent, occupancy and/or resale restrictions apply The number of units designated as HOME-assisted affects the maximum HOME subsidies that may be provided to a project HOME Funds All appropriations for the HOME Program, plus all repayments and interest or other returns on the ~nvestment of these funds Household One or more persons occupying a housing unit "Household" means one or more persons who are very low or low income household owner occupants "Monthly Debt Service" means the amount of money a Borrower must pay each month on a loan, for principal and Interest "Owner" means any individual that owns a residential property in fee simple pursuant to the units as a pnncipal residence "Owner-Occupant" means an owner of one to four unit residential property who uses one of the units as a principal residence "Rehablhtation" means repairs and improvements to a substandard structure necessary to make tt meet local codes and rehabdttatlon standards "Rehabilitation Program" means an ongoing program involving construction assistance, financial assistance or technical assistance, in the rehabilitation of residential and commercial property "Rehabilitation Standards" means applicable State or local building or housing standards adopted by the City of Lynwood pursuant to the State Housing Law, part 1 5 (commencing with section 17910) of Division 13 of the Health and Safety code and specifically section 17959 $ Rehabilitation standards including room additions necessary to alleviate overcrowding for eligible households "Room Additions" means bedrooms or bathrooms which are added to a structure to alleviate documented overcrowding "Substandard Structure" means any residential building or any portion of a residential building including, but not limited to, any dwelling unit, guest room, or suite of room, or the premises on which the same is located, in which there exists any of the conditions listed in the Uniform Housing Code, latest edition, to the extent that the conditions endanger the life, limb, health, property, safety or welfare of its residents "Transfer of Property" means to sell, convey, or alienate title, voluntarily or otherwise, to the property, except in the case of the transfer of the property to an owner-occupant's spouse as a consequence of death or dissolution of marriage "HUD" means the Federal Department of Housing and Urban Development "Assisted Unit" means those units which directly benefit from funds from the Housing Rehabilitation Program "Borrower" means a property owner receiving rehabilitation loans from the Program pursuant to provisions of this Manuel "Department" means the City of Lynwood Department of Community Development "Director" means the Director of the City of Lynwood Department of Redevelopment "Minor" means a member of the family household (excluding foster children) other than the family head of the household who is under 18 years of age or is a full time student and lives at home "Gross Income" shall mean the anticipating income of a person or family for the twelve- month period following the date of determination of income "Annual income" means all payments from all sources received by all household members who are not a minor to be included in the annual income of a family. AdJusted gross income, as defined under the Internal Revenue Service (IRS) form 1040 series shall include, but not be limited to (1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses (2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital mdebtedness shall not be deducted to determine the net income for a business), (3) Interest and dividends incomes from estates or trnst, (4) The full amount of periodic payments received from social security, annuities, insurance pohcles, retirement funds, pensions, disabilities or death benefits and other similar types of periodic receipts, (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (b) The following items shall not be considered as income (1) Casual, sporadic or irregular gifts, (2) Amounts which are specifically for or in reimbursement of the cost of medical expenses, (3) Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses, (4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books, and equipment Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income, (5) The special pay to a serviceman head of household that is away from home and exposed to hostile fire, (6) Relocation payments made pursuant to federal, state, or local relocation law, (7) Foster child care payments, (8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of tile amount actually charged the eligible household, (9) Payments received pursuant to participation in volunteer programs "Housing Cost" of a person or family rehabilitating a housing unit shall include all the following monthly cost associated with that housing unit (a) Principal and interest on a mortgage loan including any rehabilitation loans, any loan insurance fees associated therewith (b) Property taxes and assessment. (c) Fire and casualty insurance covering replacement value of property improvements (d) Property maintenance and repairs (e) A reason allowance for ut~hties Including garbage collection, sewer, water, electricity, gas and other heating, coohng, and refrigerating fuels UtIhtles do not include telephone service Such an allowance shall take into consideration the cost of an adequate level of service (f) Homeowner association fees (g) Space rent, if the housing unit is situated on rented land "Affordable Housing Cost" for an owner-occupant shall be not less than 30% and not more than 33% of the gross monthly housing income "Very Low Income Households" means persons and famihes whose gross incomes do not exceed 50 percent of the area median ~ncome, adjusted for family size determined by the United States Department of Housing and Urban Development (HUD) and are subject to change HUD Issues periodic updates of income gmdehnes (see Appendix for most recent update) "Low Income Household" means persons and families whose gross incomes do not exceed 80 percent of the area median income, adjusted for family size and other adjustment factors by the United States Department of Housing and Urban Development (HUD) and are subJect to change HUD issues periodic updates of Income guidelines (see Appendix for most recent update) "Program Coordinator" means the staff person In Redevelopment who ~s responsible for the day-to-day operation of the program "Rehabilitation Contract" or "Contract" means a duly executed agreement between the property owners and the selected contractors setting forth the scope of work to be performed by the latter, containing the consideration and method of payment and any other terms and conditions necessary to accomplish the stipulated property rehabilitation work IlL TYPE OF FINANCIAL ASSISTANCE - TERMS, CONDITIONS AND RESTRICTIONS A B Grants A grant in the amount of $10,000 00 ts available to very-low and low income owner-occupants A Preliminary Determination of Ehglblhty Rehablhtation staff makes a determination that applicant is income eligible Staff will also make a determination that improvements are necessary to the health and safety of the applicant Dcferred Payments Loan The Deferred Payment Loan (DPL) is a zero percent 0% interest rate loan The maximum DPL amount shall be $65,000 per applicant The loan, principal and accumulated interest becomes due and payable upon sale or transfer of the property by any means DPL funds are loaned directly by the City to eligible property owners All DPL's shall be secured wlth a recorded Deed of Trust and may be subordinated to prior loans and liens The Borrower may repay the full amount at any time with no prepayment penalty 1 Preliminary Determination of Ehglbihty Rehabilitation staff makes a determination that an applicant is eligible and is unable to maintain a loan repayment plan Staff will also make a determination that improvements are necessary to the health and safety of the applicant 2 Approval Authority DPL will be approved or disapproved by the Program staff The City will notify applicant of results An applicant whose application for a DPL has been denied may appeal to the City Council for a final decision Program participants can only apply for assistance once per property 3 Subordination The City wdl only subordinate if the applicant ~s requesting to refinance and receive a lower interest rate or provide evidence of financml hardship If an applicant's intent IS to get cash out, the loan is due hnd payable Additionally, after proper consideration of the reasons described above, only those requests which provide evidence of sufficient equity may be granted the subordination a information on Applicants Program staff shall prepare a summary sheet stating applicants name and address, income, amount of DPL, reason for request and other mformat~on needed to estabhsh the propriety of the request Apphcant must demonstrate both, the need for the subordination and his/her inability to pay back the City's Loan b Protection of the Public Investment Protection of the Public investment shall be of paramount nnportance to Program staff when evaluating requests for subordination In those cases in which the applicants ability to pay back the City loan has been established, both Program staff shall recommend the rejection of the request for subordination Program staff shall strive to impress upon the apphcant(s) both, (I) the impropriety of obtaining windfall profits from public funds and, (2) the need to recapture the public investment for recychng into the property rehabilitation loan pool so as to maximize the benefits of these funds to the community c Request for an Assumption of Deferred Payment Loans (DPL) Only those persons, who meet the Rebabditanon Program guidelines pursuant to the provisions above, shall be granted the request IV. ELIGIBILTY-REQUIREMENTS Th~s section sets forth ehg~bd~ty requirements as to the property and the apphcant to obtain a Grant, DPL Deferred Payment Loan A Property Ehgtbthty Requirements Rehabd~tation grants and loans will be made to ehg~ble properties located within the City of Lynwood That ~s, property must need rehabilitation ~n order to comply with the Property Rehabilitation Standards adopted by the City Council (Appendix A ) All HOME assisted properties must meet all local Bmld~ng and Municipal Codes after rehabilitation The C~ty wall be unable to provide any federal assistance to any applicant who does not comply with the Rehabditation guidelines General Apphcant Ehg~bdity Requirements To be ehg~ble for a grant or DPL the applicant must be · Income Ehg~ble · Owner Occupant V. ELIGIBLE IMPROVEMENTS AND COST This section sets forth, but does not limit the eligible and mandatory improvements under the Housing Rehabilitation Program as well as ineligible improvements A Mandatory Improvements Hazardous conditions which are a direct threat to the health, safety and general welfare of occupants B Eligible Improvements and Cost Additions and alterations to relieve overcrowding and/or increase the hvabihty or usefulness or existing structures, such as rooms, porches, stairways, closets, bathrooms, and entrances 2 Exterior work to help preserve or protect structures such as painting, roofing and s~dlng Interior work to make a structure more livable, such as painting, plastering, new flooring and tile work 4 Repairs, restoration or replacement of important parts of structures such as heating systems, plumbing repairs, and bmlt-m kitchen apphances in residential structures 5 Demolition, clearance and site preparation where a unit detenmned not suitable for rehabilitation 6 Costs for improvements related to making the housing unit (s) accessible to and usable by the handicapped 7 The cost of design services for the preparation of plans, drawings, and specifications for the rehabilitation of the property 8 The cost of building permits and related fees required for the rehabilitation, if not included in the construction contract 9 Costs of title reports, credit reports, appraisal reports and fees for recor&ng documents related to the financing 10 The cost of repair and installation of alternative energy conversation systems and weathenzation when done in conjunction with other rehabilitation work C Improvements and Costs The following tmprovements are not ehg~ble barbeque pits, burglar alarums, fire extinguishers, greenhouses, kitchens appl,ances which are designed and manufactured to be free standing and are not built-in and pemranently affixed as an integral part of the kitchen, outdoor fireplace or hearths, swimming pools, television antennae, tennis courts, waterproofing a structure by pumping or interjecting any substance in the earth adjacent to or beneath the basement or foundation or floors, or any other improvements not customarily found ~n the surrounding dwellings D Grants and loans made by the City may include the following unauthorized expenses · Realproperty acquisitions · New construction, except for room additions · Materials, fixtures or equipment of a type of quality which exceeds that customarily is used in for properties of the same general type as a property to be rehabilitated * Appliances not required by rehabilitation standards · Tire purchase, installation, or repmr of furmsh~ng or trade fixtures VI. PROGRAM PROCEDURES Th~s section sets forth the steps whmh are to be followed m the processing of rehabdltat~on actlwt~es I Initial-Contact Marketing effort/ strategy includes but is not limited to flyers, phone communication, and door to door contacts by Rehabilitation staff A prehmmary application will be delivered to the apphcant Upon return of the apphcatlon staff will establish prehmmary ehg~billty of the Program If apphcant is found ehglble, an appointed will be schedule with the property owner for an inspection by the Rehabilitation Staff 2 Apphcant Processing a Verifying Program ehg~bd~ty of the apphcant b Verify the applicant is owner ofploperty to be ~mproved c Verify apphcant's income and employment In the event that the apphcant is self-employed, the income tax returns for the previous two years will be obtained d Complete credit mvesttgation e Adwse owner m writing of approved or disapproval 3 Property Inspection At this preliminary ~nspect~on items will be identified and a work write-up and cost estimates prepared The Rehabdltat~on Staff shall identify code violations observed Participants in the Housing Rehabihtation Program shall provide consent to the City, its agents or employees to enter upon and ~nspect the lands, bmldlngs and eqmpment of the applicant at any time before, during or after rehabd~tat~on of their property 4 Temute Inspection A termite inspection may be reqmred by the C~ty The property owner will submit the inspection to the Rehab~htatmn Staff for conclusion m the work write-up and cost estimates 5 Lead Base Paint Inspection Depending on the type of xmprovements a lead inspection may be performed to determine the amount of the contamination The cootamlnated area will be abated and the repairs will be added to the xvork write up 6 Work-Write-Up Cost Estimate A work Write-Up Cost Estimates will be complied based on the lnltlal inspection and results of the termite inspection report The Homeowner will be given a copy of work write-up The work write-up may include the necessary architectural drawings and specifications as pertinent 7 Bid Process Bid packages will be prepared and provided to the Homeowner The Homeowner will obtain bids from qualified contractors "Qualified" means those contractors who are licensed by the State of Cahfomia, who have applied to participate in the City's Rehabilitation Program and who have received written approval of their participation in the Program However, If applicant desires to obtain bids from contractor(s) not on the City's hst, apphcant must submit names, license number(s) and address(es) of contractor(s) to the Rehablhtatlon program Rehabilitation Program staff shall contractor(s) qualifications The selected bid must be returned by the homeowner as soon as possible No contractor shall be awarded a contract if said contractor has more thao four (4) incomplete rehabilitation jobs Prior t award of the contract, Program staff shall verify with ltUD that contractor is not oo the list of debarred contractors 8 Contract Execution As a requirement for funding, a contract agreement must be executed The contract shall contain (1) the Bid and proposal by the contractor, and (2) the general condltmns and the building specifications for the work to be performed 9 Execution of Documentation The city and/or lender wall prepare the appropriate documents 10 Pre-construction Meeting The City will conduct a pre-construction meeting to execute all documents 11 Notice to Proceed Property owners will be assisted by the City in issuing a not~ce to proceed for the constlUCtlOn rehabilitation work 12 Disbursement The City will release funds in the form prescribed by the institution or agency Disbursement will be made only after completion of inspection and verification of billing and lien releases by Rehabilitation Staff Proceeds will be disbursed as follows Contractor may not receive more than three progress payments The progress payments shall not exceed 90% of the cost of such work items determined by the bid breakdown Progress payments due contractor shall be paid after City approval of receipt and verification of contractor's invoice(s) and satisfactory Release of Lmns, or claims for L~ens, by contractor, subcontractor, laborers and material supplies for work completed and materials installed A ten percent retention will be disbursed to contractor at expiration of lien filling period, or thirty-five (35) days after filling of the Notice of Completion This retention may increase or decrease Payment may be made in one lump sum at time of completion Completion consists of passing final inspection and filling reqmred release forms VII. CONTRACTOR REQUIRMENTS Th~s chapter sets forth the provisions governing participation by contractors in the Housing Rehabdltatlon Program CONTRACTORS ELIGIBLITY Contractors wishing to part~cipate in the Housing Rehabilitation Program shall be required to A License Be properly licensed tn the accordance with provmtons of Chapter 9 of the State of Cahfomla Business and Professional Code, as amended B Workers Compensation Insurance Carry Workers Compensation Insurance in accordance wlth the provisions of the California Labor code, with adequate protection from claims under the Workers Compensation Act which may arise from operations under the Contract, C Manufactures and Public Liability Insurance Carry manufacturers' and Contractors' Public Liabd~ty Insurance with hmlts to protect the Owner(s), Contractor, and his subcontractors against claims for injury to or death of one, or more than one person, because of accidents which may occur or results from operation under the Contract, such insurance shall cover the use of ail equipment, including but not limited to excavating machinery, trenching machines, cranes, hoists, rollers, concrete m~xers, and motor vehicles, in the constriictlon of the work embraced D Property Damage and Llablhty Insurance Carry, dunng the life of the Contract, Property Damage and Liability Insurance in an amount to protect him and his subcontractors from claims for property damage which might arise from operation under this Contract E Personnel Employment Record Have and maintain a good record in personnel employment practices Contractors debarred by HUD are not ehglble for participating in the Program F Performance Record Have and maintain a good business and work performance record Program staff shall verify and if ewdence of improper and/or poor busnless conduct and work performance is established, the Program may deny Contractor participation ~n the Program or may require contractor to submit evidence of bonding as required by the Program prior to execution of any Contract LIST OF APPROVED CONTRACRORS The Housing Rehabilitation Program shall maintain a L~st of Approved Contractors for the purpose of assisting property owners to obtain bids for the proposed rehabihtation work The program does not recommend or endorse any of the Contractors on said hst The owner(s) is not required to select any of the Contractors on the list However, any Contractor selected by the Owner must comply w~th the provisions listed above Any Contractor(s) may be removed from the hst when there is documented evidence of non compliance with the provisions of the Program, and/or evidence of unprofessional conduct ~n the performance of his/her duties VIII. OTHER FEDERAL REGULATIONS This chapter sets forth tile provisions governing program compliance with other Federal legulatlons These provisions shall be adhered to and/or incorporated m all documents used in tile provision of any property rehabditatlon assistance A EQUAL OPPORTUNITY PROVISIONS During the performance of the Program, the City, the Program Participants and the selected contractors agrees as follows The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or nationality origin The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that the employees are treated doting employment, without regard to their race, color, religion, sex, or national origin Such actions shall include, but not be limited to, the following employment, upgrading, demotion, or transfer, recruiting or recruitment advertising, lay off termination, rate of pay or other forms of compensation, and section for training, including apprenticeship B CIVIL RIGHTS ACT 1964 Under Title Vi of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation In, be denied the benefits of, or be subjected to dlscrlmmatlon under any program or activity receiving Federal financial assistance C TEMPORARY RELOCATION-ASSISTANCE This section sets forth a descript~on of temporary relocation benefits that may be available to persons and families who are temporarily d~splaced from their homes as a result of the City's Rehabd~tatlon Program A Cond~tlons-Reqmnng Temporary Relocation If any of the following causes or conditions occur as a result of the Housing Rehablhtatmn Program, it may be necessary for the persons or famd~es to relocate to another dwelling on a temporary basis · Water system is shut off for any extended period of days for plumbing repairs · Electricity service becomes non-operable when make repairs to wiring B C D · Repairs will create dust and other conditions which would aggravate allergic conditions of occupant(s) · Structures are to be fumigated for termite control and infestation · Hazardous hvlng conditions would result from structural changes during construction · Sanitation facilities, e g, tub, wash basin, toilet are to be removed and/or become non-operable · Contractor required relocation of people to perform repairs on t~me at agreed upon price Ehglblllty Reqmrements Persons or families of very low and low income who have occupied the property for more than ninety (90) days and who must find temporary commercial accommodations, are eligible for relocation benefits Persons or families must actually secure and occupy altematlve dwelhng unit in order to recmve payment Amount of Assistance Benefits will be made available for a period determined by the Director but not to exceed the contract term City will pay the cost of the temporary commercial accommodations The daily maximum amount shall be based on the lowest reasonable rate(s) obtained from at least three (3) different bona fide commercial lodging estabhshments It shall be the applicant's responsibility to obtain quotations (bids) from above mentioned estabhshments and submit smd quotation to the Program office Depending upon the number of persons permitted to occupy one room, the schedule may be adjusted to reflect actual cost Procedures for Secunng Relocation Bcnefits Contractor must submit letter to City requesting the vacating of unit and specifying amount of time that unit must remain vacant Request for vacating of the premises must be approved ~n wnnng by Rehabilitation staff and authorized by the Director or his/her designee Rehabfl~tatlon staff wall present claim form to Finance Department w~th a request for advance payment Advance payment will be made payable, jointly, to dmplace and to commercial accommodation Advance payment wdl be delivered by Rehablhtatlon staff E F G H SECTION 3 COMPLIANCE The work to be performed on a project assisted with financial funds from tile Department of 14ousmg and Urban Development is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, which requires that, to the greatest extent feasible, opportunities for training and employment be given lowel income residents of the City and contractors for work in connection with the project be awarded to business concerns which are located ~n, or owned in substantial part by persons reading ~n the area LEAD-BASE PAiNT Housing assisted with HOME funds is subject to the Lead-Based Paint Poising Prevention Act (42 U S C 4821 et seq) And 24 CFR Part 35 The City shall conduct ail inspection of defective paint surfaces m all units constructed prior to 1978 which are occupied by families with chddren under server years of age ENVIORNMENTAL REVIEW The environmental effects of the rehabilitation must be assessed in accordance with the provisions of the National Enwronmental Policy Act of 1969 as follows · National Flood Insurance Program (S 570 609) The provisions of the Flood Disaster Protection Act of 1973 and the regulations there under apply assistance Under that Act no agency shall approve any financial assistance for construction in an area having special flood hazards unless the apphcant participates ~n the National Flood Insurance Program · Compliance with A~r and Water Acts The selected contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended 4 USC 1857 et seq, the Federal Water Pollution Control Act, as amended, and the regulations of the Environmental Protection Agency as amended · Historic Preservation HATCH ACT Neither the HOME Program nor the funds provided therefore, nor the personnel employed in the administration of the Plogram shall be m any way extent engaged in the conduct of political activities in contravention of Chapter I5 of Title 5, United States Code I TRUTH-IN-LENDING REQUIREMENTS A General Th~s section describes the Truth In Lending Act and its procedural and disclosure requirements which must be followed m the settlement of Bank and deferred payment rehabditatlon loans Title I of the Consumer Credit Protection Act was enacted by Congress on May 29, 1968 and became effective on July 1, 1969 The Act requires that borrowers ~n "consumer credit transaction" be vested with certain rights and protections m connection with the transaction and receive specified written information from the lender The disclosures must be made before credit is extended and before the borrower becomes obligated ~n connection with the transaction Among the required disclosures are (a) The amount of credit a borrower wall have his actual use (the amount financed), and (b) The finance charge (consisting primarily of interest but also other fees and charges) expressed both as a dollar amount and as an Annual Percentage Rate In addition, the act enables a Borrower, within three (3) days following the loan transaction, to rescind the transaction, if the loan is secured by a lien on the borrower's residence The Truth In Lending Disclosure Statement is to be used at a loan settlement in meeting the reqmrements of the Truth-In-Lending Act A statement shall be given to all Borrowers of Rehab~htation loans except those borrowers which are corporation, partnerships, or otherwise organized an independent entity or business firm under local law The Disclosure Statement shall be given the borrower at loan settlement but prior to the time he/she executes the mortgage and promissory note obligation his repayment of the loan When the D~sclosure Statement ~s given to the Borrower, he/she shall be requested to sign and date completed D~sclosure Statement in the presence of an employee or other authorized representative of the Bank and/or Program staff who shall also s~gn as witness The signed and witnessed copy of the Disclosure Statement shall be retained by the Bank in the loan apphcatxon file J ACCESS TO PROPERTY-RECORDS MAINTENCE Borrower agrees to grant the City of Lynwood and the Umted States Government or their designee permission, to enter and ~nspect property and to inspect records of Apphcant relating to the rehab~htatmn assistance received from the City of Lynwood City agrees to retmn copies of all records related to the use of Rehabdltatlon Program funds for a period of seven (7) years from the effective date of the execution of the Rehab~htat~on Agreement between the Apphcant and the City of Lynwood, and to forward cop~es of originals, as requested K COST EFFECTIVE-ENERGY-CONSERVATION-STANDARDS Cost-effective energy conservation-improvement shall be reqmred as applicable L PROPERTY REHABILITATION STANDARDS All the residential rehabilitation work shall comply w~th the adopted Property Rehablhtatlon Standards (See Appendix A) Any ne~v construction work perforated under the Housing Rehabilitation Program shall comply w~th the C~ty's Bmld~ng and Safety Codes and Zoning Ordinances All illegal and/or substandard improvements shall be reqmred to be brought up rote comphance with appropriate codes and/or ordinance as determined by the Rehablhtatlon Specialist M CONFLICT WITH PUBLIC INTEREST The property for xvlnch rehabilitation assistance ~s requested may not be situated ~n a location where ~t will be m conflict with either ex,sting or proposed redevelopment projects involving the construction or development of pubhc schools, parks, streets, utilities and other public facdmes except that, when determined by the Director, a health and/or safety hazard exists which endangered the pubhc health and welfare N REQUEST FOR ARBITRATION The Program staff may serve as Arbitrator between the Rehablhtatlon Program's participating property owners and contractors O REQUEST FOR INTERPRETATION OF REGULATIONS The Program Staff shall as Interpreter of the Adopted Housing Rehabdltat~on Program Regulations when Program participants challenge an interpretation of the Regulations AGENDA STAFF REPORT DATE TO APPROVED BY FROM January 17, 2006 Honorable Mayor & C~ty Councd M~I~ N Enr,que Mart,nez, City Managef//~///' Mananna Marysheva, Assistant City Mana"" get-Finance/v-~/- Sandra Rocha, D~rector of Human Resourc.e/~.* SUBJECT: City Council Staff Support Recommendation: Staff recommends that the C~ty Councd rewew ophons for their admlmstrabve support and provide staff with d~rectlon on the particular option to pursue Background: On December 20, 2005, per the Cdy Council's request staff presented ~n a wntten report the currently allocated personnel for the Councd's administrative support, and verbally d~scussed the options available to the Council At that meeting, the Council requested the hst of options m writing In add~bon, the Council asked for a survey of surreund~ng c~tles of s~mdar s~ze and charactenstics with the results presented at the January 17, 2006 meebng Discussion & Analysis: A Current Council Support Currently, the City Councd has two (2) full-bme positions budgeted and allocated to provide staff support a Senior Admm~strabve Analyst (vacant), and an Administrative ,Nde (filled on a temporary bas~s) Staff anticipates that ehg~bddy hsts for both posd~ons wdl be m place by the end of January Once the two (2) full-time poslt~ons are filled, staff and the City Councd may be in a better pos~bon to assess addd~onal staffing needs B Options Avadable to Council If the Cdy Council determines that addd~onal or different staff is necessary, the opbons on the following page may be explored, depending on the level of educahon, training, and expenence needed AGENDA ITEM 1 2 3 Hire full-time employees - The C~ty Councd may h~re regular, full- bme employees w~th a monthly salary ranging between $1,600 and $3,000 These ind~wduals wdl work 40 hours per week and receive all C~ty benefits The full monthly cost of each of these pos~t~ons 0nclud~ng benefits) would be between $2,432 and $4,550 Hire part-time employees - The C~ty Council may h~re at-wdl, hourly part-bme employees w~th an hourly salary ranging between $7 63 and $20 00 These ~nd~v~duals would work 20 hours per week, not to exceed 1,000 hours per fiscal year If the employees work ~n excess of 1,000 hours per fiscal year, the employees would quahfy for benefits Hire contract employees - The City Council may h~re contract employees to perform the desired dubes and respons~bd~bes at mutually agreeable terms and conditions of employment The hmng of add~bonal pos~bons under Opbon B-1 would be conducted under the C~ty's Recruitment and Selecbon, Rules and Regulations However, hmng part-time and/or contract employees under Opbons B-2 and B-3 may be accomphshed by appointing a quahfied prospecbve candidate Should the cost of the chosen pos~bons exceed the current funding for the two (2) full-t~me vacancies, an appropnate budget amendment would be necessary C Results of Survey As requested by Councd, the Human Resources Department surveyed 10 c~bes The results are included as Attachment "A" Fiscal Impact: The exact cost of staff will not be known unbl the C~ty Council determines the number of staff members needed and the level of educabon and expenence necessary. Any mod~ficabon to the current staffing configurabon would require an appropnat~on from the unappropnated general fund to cover salary, benefits, and furniture and equipment needed Coordinated With C~ty Manager's Office Attachment: Survey {D© 0 ~ 0 > >., r- DATE TO APPROVED BY PREPARED BY SUBJECT AGENDA STAFF REPORT January 17, 2006 The Honorable Mayor and Members of the C~ty Councd N Enrlque Martlnez, City Manager,~,~--/~ Paul Nguyen, Interim D~rector of E'dvfronm~nfal Services Ehas Sa~kaly, Capital Improvement Projects Manager Sidewalk and Curb Ramp Improvements around Elementary Schools Project, Project No 05-5271 (Federal Project No 07-LA-O-LYN-STPLH-5250 (012) Recommendation: Staff recommends that the C~ty Council rewew staffs report on the s~dewalk ~ssues ~n connechon w~th the S~dewalk and Curb Ramp Improvements around Elementary Schools Project, Project No 05-5271, and provide staff w~th d~rechon to proceed Background: The C~ty has received Federal Hazard Ehm~nabon System Grant funds (HES) for the construcbon of new s~dewalk/reconstrucbon of damaged s~dewalk and curb ramp construcbon around certain elementary schools ~n the C~ty (see Attachment "A") On September 20, 2005, the C~ty Councd awarded the project contract to Damon Construcbon Co The project construcbon started on December 12, 2005, and ~s now on-going The affected residents were notified by the contractor of the project construcbon by construcbon fhers (see Attachment "B") In the C~ty Councd meeting of January 3, 2006, several residents on the southerly s~de of Magnoha Avenue just east of Bradfleld Avenue, ~n the wc~mty of Mark Twain Elementary and Lynwood M~ddle School, expressed their objecbon to the new s~dewalk construcbon fronbng their property The construcbon of new s~dewalk on that secbon of the street has been temporarily stopped 14 \WORDFILE\PUBWORKS\COUNCIL\Cou06003sldewalk doc AGIgNDA IT i,: M Iq Discussion & Analysis: The construction of the new s~dewalk ~s within the City's nght-of-way The HES grant ~s specifically for the construction of s~dewalk around elementary schools W~th the absence of the s~dewalk, students and residents w~thm the area are forced to walk on turf, and m some instances, on the street opposing oncoming traffic Th~s s~tuat~on ~s a molat~on of the Americans w~th D~sabd~ty Act (ADA) and presents a major habd~ty to the C~ty Moreover, the ADA mentioned above mandates that all new pubhc or private construction must ~nclude ~mprovements to accommodate d~sabled persons On April 5, 2004, the City encountered a similar incident on Cornish Avenue (between Magnoha Avenue and Agnes Avenue), where 43 percent of the residents on that street filed a wntten petition to omit the new sidewalk construction fronting their properties as part of a street ~mprovement project The City Councd opposed staff's recommendation for the construction of the new s~dewalk and granted the residents their petition, setting a precedence Options for C~ty Councd consideration Adhere to ADA reqmrements and continue to construct the necessary s~dewalks ~n connection w~th the S~dewalk and Curb Ramp Improvements around Elementary Schools Project, Project No 05-5271, or 2 Authorize the omission of the construction of new s~dewalks ~n front of certain residences ~n connection w~th the S~dewalk and Curb Ramp Improvements around Elementary Schools Project, Project No 05-5271 Fiscal impact: Should the s~dewalks across these properf~es be omitted the City can use the unspent funds to construct full-w~dth s~dewalks 0nstead of 4 feet w~de) adjacent to the school boundaries between Thorson Avenue and Cormsh Avenue Coordinated With: F~nance Department C~ty Attorney's Off~ce H \WORDFILE\PUBWORKS\COUNCIL\Cou06003sidewalk doc SiU ~.~5 S D:'C ALK ,URB it PROVEI ENTS ELEI ENTARY SCHOOLS SURVEY Curb Ramp Sidewalk Root (EA) (SF) B~r,'i~r lEA) LINPBERGH ELEMENTARY BannlngAve/Peach St Bann~ngAve/Lindbergh ,~ve Nevad~ Ave/C~dar Ave WILSON ELEMENTARY School St/Wrgmla Ave, School St/Josephine SI. Across 3640-3664 Lynwoo:l Rd Across 3672-3678 Lynwood Rd. Across 3682~3694 Lynwood Rd 2 1 24O 352 420 AGNES ELEMENTARY Agnes Ave/Ernesbne Ave Bradfield Ave/Magnoha Bradfield Ave. (Carlm to Agnes) 2 2 11.000 MARK TWAIN ELEMENTARY Magnoha Ave/Cornish Ave Magnolia Ave/Munel Dr Magnoha Ave FFhorson Ave Magnolia Ave (Thorson to Cornish) J.P. ABBOTT ELEMENTARY Wright Rd./Raybom St Wnght Rd/Pelleur St Clark Ave/Duncan Ave Clark Ave m~d-block crossing 6,500 O~0ZHESapp3t I WILL ROGERS ELENIENTARY ELM_N1 AR~ ~ C HE ~.~. SURVEY Curb Remp S~dewalk Roo, r'runeh~u_ ,;11255 Duncan Ave 11263 Duncan Ave WASHINGTON ELEMENTARY 8O I 96 1 4252 Sanborn Ave 8eechwood Ave/Pine St 11228 Pine St MLK Bird/Harris Ave LUGO ELEMENTARY 4 2 2OO 100 10902 Elm St (Pendteton side) ROOSEVELT ELEMENTARY 140 Abbott Rd lObs Ave Alma Ave,/Otls Ave Malhsor~ Ave (south mdB) Abbott Rd/Malhson Ave 4 3 6O LINCOLN ELEMENTARY 2965 Poplar Dr 2909 Poplar Dr Los Flores Blvd./Beihnger St Los Flores Bird/State St Total Quantities 3 3 "47 100 5O 19338 _P~_..,%IDENT NOTIFICATION LETTER SIDEJVALK AND CURB RAMP IMPROVEMZZ!TS The Ctry of Lynwood had recently awarded Damon Con~t Co a contract for the above referenced project, wl~ch ~s loc*ted m yom' neighborhood Damaged sut~walk and ctnvewas~ mB be repatre& ~ee~ vail be rammed ~ad new sidewalk '~lll bc added m parkways ConslrucUon is s~h~aled to beg~n on ,/- ~- o ~ .... ~d Is s~uled to be ~let~ by ~matcly. / -/~ o~ . S~ wl~ b~ ~d ~ ~, ~O P~G" ~s m advmm of co~on ~mu~ Some ~5v~wa~ may bc mac~ss~ble ~obemg mpl~ You ~I ~ ~ ~fyour ~veway ~s sch~ for r~ We w~ll compl~e ~o~ lo~oas as qmcHy ~ ~ss~ble CONS~UC~ON WO~ BO~' 7 ~ TO 4 PM, MO~AY T~OUGB ~AY PLEASE llAVE YOUR vE. mcLES REMOVED }'ROM l'l:m STREET IF "NO PARKING" SIGNS ARE POSTED. ALL VEmCLES LEFI' IN 'file CONSTRUCTION AREA .~E SUBJE ,CT TO TOWING. Every effort w~ll be made to mtmmaze any meonvemcnce to you, but due to ~¢ nature of ~,ork, some ma~, be m~avoldabl¢ Your pa~enoe ~,d coopemtton ',~1 he greatly appremated Please refrmn from excesmve walermg ~lunng constmceon as this may delay project Ir'you ha~ e ~my queshon~ regarding th~s project ca~l M~ke Franm at 7t 4-995-5490, ext AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY SUBJECT January 17, 2006 Honorable Mayor and City Council Members N Enrlque Martlnez, City Manager Andrea L Hooper, City Clerk Albert Esplnoza, Deputy City Clerk Status of Commissioners Recommendation: Staff respectfully request that the City Council receive and file the status report and direct the City Clerk accor&ngly Background: Each commissioner must adhere to the following codes 1) 2) 3) 4) Each year the City Clerk shall prepare a list of all vacancies Must be Resident of the City - not holding a position for which the City pays compensation Commissioner maybe removed at any time by the Mayor without cause Three (3) absences within a twelve (12) month period shall constitute a vacating of the posit]on THE FOLLOWING IS A LIST OF VACANCIES Public and Safety Commission Gerardo Rayas Dale Jones Appointed by Ramon Rodrtguez Appointed by Fernando Pedroza Parks & Recreatmn Commission Word has been received that this Commiss~oner has moved Gudlermo Ranurez Appointed by Maria T Santlllan Community Affmrs Commmslon Word has been received that this Conumss~oner has moved Esperanza Ramlrez Appointed by Maria T Santlllan Sue Am]cone Appmnted by Fernando Pedroza AGENDA ITEM /5 Women's Commission Della Mamottl Youth Commission Appointed by Ramon Rodnguez Mansol Daniels Joseph Lewis III Lydia Romero Appmnted by Council Appointed by Council Appointed by Council Traffic & Parking Commlsston Domtt~la Agmlar Appointed by Maria T Santfllan Fiscal Impact: Commissioners are compensated $50 00 per meeting