HomeMy Public PortalAbout03-21-2005CCTh¢s Agenda contains a bnef general descnphon of each ¢tem to be considered Cop~es of the Staff
reports or other written documentahon relating to each ~tem of bus,ness referred to on the Agenda are on
file ~n the Ofhce of the C~ty Clerk and are available for pubhc ~nspect~on A person who has a question
concerning any of the agenda ~tems may carl the C~ty Manager at (310) 603-0220, ext 200
Procedures for Addressmq the Councd ~
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
VED
CITY OF LYt¢C/OOD
MARCH 21, 2006
COUNCILCHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
500PM ~
LETIClA VASQUEZ ~
MAYOR
cFrY ~'l_FoKq nFF1CE
MAR 1 6 2006
I'M
REVEREND ALFREDDIE JOHNSON, JR.
MAYOR PRO-TEM
FERNANDO PEDROZA
COUNCILMEMBER
LOUIS BYRD
COUNCILMEMBER
MARIA TERESA SANTILLAN
COUNCILMEMBER
CITY MANAGER
N ENRIQUE MARTINEZ
CITY ATTORNEY
J ARNOLDO BELTRAN
CITY CLERK
ANDREA L HOOPER
OPENING CEREMONIES
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
Femando Pedroza
Mana T Santdlan
Lebc~a Vasquez
CITY TREASURER
IRIS PYGATT
4
5
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL RECESS TO
LYNWOOD INFORMATION INC
LYNWOOD PUBLIC FINANCE AUTHORITY
LYNWOOD REDEVELOPMENT AGENCY
LYNWOOD UTILITY AUTHORITY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR
COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANT{VE
DISCUSSION FOR A FUTURE MEETING (The Ralph M Brown Act, Government Code
Secbon 54954 2 (a))
PUBLIC HEARING
7
8
ZONING ORDINANCE AMENDMENT NO 2006-01-CREATE AND IMPLEMENT A
DESIGN REVIEW BOARD
Comments
The purpose of this ~tem ~s for the C~ty Councd to conduct a pubhc heanng to consider
introducing an ordinance that would create and ~mplement a Design Review Board to
rewew new developments associated with d~screbonary project apphcabons and provide
recommendabons The Design Rewew Board would meet monthly, consist of hve (5)
c~t~zens and address standards including matenals, colors, landscaping, hghtmg, parking,
budding mass and architectural amenlbes
Recommendation
Staff recommends that the C~ty Council conduct the public hearing, and introduce the
attached ordinance enbtled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ADDING SECTION 2-27 TO THE LYNWOOD MUNICIPAL CODE BY
ESTABLISHING A DESIGN REVIEW BOARD", for first readmg by btle only
ZONING ORDINANCE AMENDMENT NO 2006-02-AMENDMENTS TO LYNWOOD
ZONING CODE
Comments
The purpose of th~s ~tem ~s for the C~ty Council to conduct a pubhc heanng to cons[der
amendments to certain secbons of the Lynwood Municipal Code Chapter 25 (Zoning)
pertaining to signs, fences, land uses and development standards
Recommendation
Staff recommends that the C~ty Councd conduct the pubhc heanng, and ~ntroduce the
attached ordinance enbtled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD AMENDING CERTAIN SECTIONS OF TITLE 25 (ZONING) OF THE
LYNWOOD MUNICIPAL CODE INCLUDING SIGNS, FENCES, DEVELOPMENT
STANDARDS AND USES", for first reading by htle only
10
11
CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION IN EMINENT DOMAIN OF REAL PROPERTY INTEREST IN APN 6186-
001-005 AND 6186-001-006, LOCATED AT 12017 ATLANTIC AVENUE LYNWOOD,
CALIFORNIA 90262, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED
BY LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE
MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Comments
The purpose ot this item ~s for the City Gouncd to conduct a public hearth9 to consider
adoption of a resolution of necessity for the acquisition m eminent domain of property
located at 12017 Atlantic Avenue (APN 6186-001-005 and 6186-001-006)
Recommendation
Staff recommends that the C~ty Council conduct the pubhc heanng and adopt the
attached reso[ubon of necessity
CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION IN EMINENT DOMAIN OF REAL PROPERTY INTEREST IN APN 6186-
001-004, LOCATED AT 12025 ATLANTIC AVENUE LYNWOOD, CALIFORNIA 90262,
IN CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK FOR
JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED BY LYNWOOD UNIFIED
SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE MARCO ANTONIO
FIREBAUGH HIGH SCHOOL
Comments
The purpose of this item is for the Cmty Council to conduct a pubhc hearing to consider
adoption o1 a resolubon of necessity for the acquisition in eminent domain of property
located at 12025 Atlantic Avenue (APN 6186-001-004)
Recommendation
Staff recommends that the City Council conduct the public heanng and adopt the
attached resolution of necessity
CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION IN EMINENT DOMAIN OF REAL PROPERTY INTEREST IN APN 6186-
001-004, LOCATED AT 12031 ATLANTIC AVENUE LYNWOOD, CALIFORNIA 90262,
IN CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK FOR
JOHN RAM MEMORIAL PARK WHICH WAS ACQ01RED BY LYNWOOD UNIFIED
SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE MARCO ANTONIO
FIREBAUGH HIGH SCHOOL
Comments
The purpose of th~s ~tem {s lot the C~ty Council to conduct a pubhc hearing to consider
adopbon of a resolution of necessity for the acqu~srbon in eminent domain of property
located at 12031 Atlanbc Avenue (APN 6186-001-004)
Recommendabon
Staff recommends that the C~ty Council conduct the public heanng and adopt the
attached resolution of necessity
3
12
13
CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION ~N EMINENT DOMAIN Of: REAL PROPERTY INTEREST iN APN 6189-
019-060 AND 6189-019-061, LOCATED AT 11800 AND 11808 ATLANTIC AVENUE
LYNWOOD, CALIFORNIA 90262, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED
BY LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE
MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Comments
The purpose of this ~tem ~s for the C~ty Councd to conduct a pubhc heanng to cons,der
adopbon of a resoluhon of necessity for the acqu~s~hon ~n eminent domain of property
located at 11800 and 11808 Atlanbc Avenue (APN 6189-019-060 and 6189-019-061 )
Recommendation.
Staff recommends that the C~ty Councd conduct the public heanng and adopt the
attached resolution of necessity
CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION IN EMINENT DOMAIN OF REAL PROPERTY INTEREST IN APN 6189-
019-912, LOCATED AT 12020 AND 12022 ATLANTIC AVENUE LYNWOOD,
CALIFORNIA 90262, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED
BY LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE
MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Comments
The purpose of th~s ~tem is for the C~ty Councd to conduct a public hearing to consider
adoptton of a resolubon of necessity for the acqu~s~tton in eminent domain of property
located at 12020 and 12022 Atlanbc Avenue (APN 6189-019-012)
Recommendation
Staff recommends that the C~ty Council conduct the pubhc hearing and adopt the
attached resotutton of necesstty
CONSENT CALENDAR
All matters hsted under the Consent Calendar wdl be acted upon by one mobon affirming the
action recommended on the agenda There wdl be no separate d~scusslon on these ~tems prior to
voting unless members of the Councd or staff request specific items to be removed from the
Consent Calendar for separate acbon
14
MINUTES OF PREVIOUS MEETINGS
Regular Meeting - February 21,2006
15
16
17
APPROVAL OF THE WARRANT REGISTER
Comments
C~ty of Lynwood warrant register dated March 21,2006 for FY 2005-2006
Recommendabon
Staff recommends that the C~ty Councd approve the warrant register
DESIGNATION OF CITY REPRESENTATIVE TO THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY
Comments
The purpose of th~s ~tem ~s to seek the C~ty Councd's approval to designate a
representabve to represent the C~ty's ~nterests ~n the Governing Board of the Independent
Cities R~sk Management Authonty (ICRMA)
Recommendahon
Staff recommends that the C~ty Councd adopt the attached resoluhon entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING A
REPRESENTATIVE, AN ALTERNATE REPRESENTATIVE AND A SUBSTITUTE
ALTERNATE REPRESENAT~VE TO THE GOVERNING ~OARD OF THE
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)"
AWARD OF CONTRACT FOR THE REHABILITATION OF WELL NO 19
Comments.
The notice inviting b~ds for the Rehabil~tabon of Well No 19 Project was adverhsed in the
Lynwood Press Wave on February 2, 2006, F W Dodge (Green Sheet), Reed
Construcbon Data, B~d-Amenca and S~erra Contractors Exchange The b~d opemng took
place ~n the ofhce of the C~ty Clerk on February 23, 2006 Two (2) contractors submitted
b~ds The apparent lowest responsible bidder was Layne Chnstensen Company at
$188,6O5
Recommendabon
Staff recommends that the C~ty Councd adopt the attached resolubon entitled, '%
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT FOR THE REHABILITATION OF WELL NO 19 TO LAYNE CHRISTENSEN
COMPANY, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY
FUND APPROPRIATION AND TRANSFERS"
5
18 STREET NAME SIGNS REPLACEMENT PROJECT AT SIGNALIZED INTERSECTIONS
19
2O
Comments
On September 20, 2005, the City Councd approved the Street Name S~gns Replacement
Project C~tywlde Th~s project ~ncluded the replacement of approximately 1300 street
name s~gns at various Intersecbons c~tyw~de There are approximately 130 larger street
name s~gns at s~gnal~zed ~ntersecbons that were not ~ncluded m this project The
add~bonal project cost ~s $70,000
Staff recommends that the C~ty Councd adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE STREET NAME SIGNS REPLACEMENT PROJECT AT SIGNALIZED
INTERSECTIONS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER FOR THIS
PROJECT"
TREASURER'S QUARTERLY INVESTMENT REPORT
Comments
The purpose of th~s ~tem ~s to have the Honorable Mayor and Lynwood City Councd
rewew the Treasurer's Quarterly Investment Report as required by State Statutes
Recommendation
The City Treasurer recommends that the Honorable Mayor and Lynwood City Council
recewe and file the attached Quarterly Investment Report for the quarter ending
September 30, 2005
TREASURER'S STATEMENT OFINVESTMENT POLICY
Comments
The purpose of th~s ~tem ~s to estabhsh gu~dehnes for the prudent investment of the C~ty
of Lynwood's ~dle cash
Recommendation
Staff recommends that the Lynwood C~ty Councd adopt the attached resolubon enbtled,
"A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE TREASURER'S STATEMENT OF INVESTMENT POLICY"
21
22
DISCUSSION ITEMS
CERTIFICATION, REVIEW, RATIFICATION AND GRANTING OF UTILITY USER'S TAX
EXEMPTIONS
Comments
In November 1990, the C~ty Council adopted Ordinance No 1352 establishing a Ubl~ty
User's Tax on water, electricity, gas, and telephone services In addition, C~ty Counc,I
adopted Resolubon No 90-191, implemenbng a schedule for levying the Ut~hty User's
Tax and estabhsh~ng certain exempbons for the Tax Secbon 5 of Resolubon No 90-191
states that the Tax Administrator for the C~ty, currently the Assistant C~ty Manager-
Finance, shall rewew and cerhfy the el~glbd~ty of each apphcant for waiver of the Ubl~ty
User's Tax All cedd~cabons also require C~ty Council's approval
Recommendabon
Staff recommends that the C~ty Council review and approve the attached resoluhon
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
RATIFYING THE APPROVAL OF THE CERTIFIED LIST OF UTILITY USER'S TAX
EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31,
2005 AND APROVING THE CERTIFIED LIST OF UTILITY USER'S TAX EXEMPTIONS
FOR THE PERIOD OF JANUARY 1, 2006 THROUGH DECEMBER 31, 2006, AND IN
EACH CASE GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED
LISTS"
TREE TRIMMING CONTRACT EXTENSION
Comments
On November 1, 2005, the C~ty entered into a contract with California Western Arbonsts
for a four-year penod w~th a two-year cycle In the first cycle, approximately half of the
cfty trees would be tnmmed using the ISA Crown Thlnntng Standard (Years 1 and 2) On
the second cycle, trees would be tnmmed using the ISA Crown Ciean~ng Standard (Years
3 and 4)
Recommendation
Staff recommends that the C~ty Council consider the contractor's request to accelerate
the current tree tnmmlng efforts to complete the first cycle of tree trimming w~th~n the first
year Should the C~ty Council approve this request, a contract amendment and an
allocabon of $280,000 from the unappropnated General Fund reserve would be
necessary, and could be brought back at the next Council Meehng
23
TOWING SERVICES OPTIONS
Comments
The purpose of th~s ~tem ~s for the C~ty Councd to rewew and consider potenbal opbons
for towing services ~n the C~ty of Lynwood and authorize staff to sohc~t a request for
proposals for a non-exclus,ve franchise agreement
Recommendabon
Staff recommends that the C~ty Council rewew the towing opbons presented, and adopt
the attached resolubon entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD AUTHORIZING A REQUEST FOR PROPOSALS FOR NON-
EXCLUSIVE TOWING SERVICES"
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED (GOV CODE SECTION 53232 3 (D))
LETICIA VASQUEZ, MAYOR
REVEREND ALFREDDIE JOHNSON, JR, MAYOR PRO-TEM
LOUIS BYRD, COUNCILMEMBER
FERNANDO PEDROZA, COUNCILMEMBER
MARIA T SANTILLAN, COUNCILMEMBER
CLOSED SESSION
24
A
B
CLOSED SESSION ITEMS
W~th respect to every ~tem of business to be discussed In closed session pursuant to
Sechon 54956 8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties
See hstmg of properties by Address and Assessor Parcel
Numbers ~n Attachment "A" to th~s agenda
C~ty Negotiator
City Councd, C~ty Manager, C~ty Attorney, Development Services
D~rector and Universal F~eld Serwces, Inc
Negotiating
See hsbng of properhes and proper~y owners ("Selle¢' or
"Seller's") in Attachment "A" to th~s agenda
Under Negohahon
Price and terms of payment - Seeking authority to make offer to
Seller's for acquisition of property and, where appropnate, value
of ~mmovable fixtures and equipment, provision of appropnate
relocahon benehts and compensabon for potenb~ti toss of
goodwdl to parbes legally enbtled thereto
Wtth respect to every item of bus~ness to be discussed ~n closed session pursuant to
Section 54957
PUBLIC EMPLOYEE APPOINTMENT
D~rector of Redevelopment
C
D
Wtth respect to every ~tem of business to be d~scussed in closed session pursuant to
Sect,on 54957 6
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negobator Sandra Rocha
Employee Orgamzabon Lynwood Employees' Assoc~abon
W~th respect to every ~tem of business to be d~scussed ~n closed session pursuant to
Secbon 5456 95
LIABILITY CLAIMS
1 Claimant'
Agency cla~med against
2 Claimant
Agency claimed against
3 Claimant
Agency claimed against
4 Claimant
Agency cla~med against
M~chelle Daws
C~ty of Lynwood
Jose Castro
C~ty of Lynwood
Francesca Gonzalez
C~ty of Lynwood
Gilbert W
C~ty of Lynwood
E W~th respect to every ~tem of bus,ness to be discussed m dosed session pursuant to
Section 54956 9
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Sigmflcant exposure to litigation pursuant to subd~wslon (b) of Sect[on 54956 9
One (1) Case
F With respect to every ~tem of bus,ness to be discussed in closed session
pursuant to Section 54956 9
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subd~wslon (a) of
section 54956 9 )
1 Name of Case Bulletin D~splays v C~ty of Lynwood
Case No BC340572
2 Name of Case Laverne Jackson and Jackson & Associates v C~ty of Lynwood
Case No BC288237
3 Name of Case Thomas v C~ty of Lynwood
Case No BC288238
ADJOURNMENT
THE NEXT REGULAR MEETING W~LL E~E HELD ON APRIL 4, 2006 AT 5 O0 P M IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA
9
CITY COUNCIL AGENDA ITEM
MARCH 21, 2006
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO
GOVERNMENT CODE SECTION 54956 8
Properties:
See hsbng of properties by Address and As,sessor
Parcel Numbers ~n Attachment "A" to th~s agenda
City Negotiators:
C~ty Council, C~ty Manager, C~ty Attorney,
Development Services D~rector and Umversal F~eld
Services, Jno
Negotiating Parties:
See hsbng of properties and property owners ("Selle¢'
or "Seller's") ~n Attachment "A" to this agenda
Under Negobations:
Pnce and terms of payment - Seeking authority to
make offer to Seller's for acqu~slbon of property and,
where appropnate, value of ~mmovable fixtures and
equipment, prows~on of appropriate relocahon
benefits and compensabon for potenbal loss of
goodwill to parhes legally entitled thereto
APN
6189-019-060,
061
6189-019-003
6189-019-058,
O59
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
ATTACHMENT "A"
Conference with Real Property Negotiators
Ham Park Replacement Project
Commercial Properties
City Council Meeting
March 21, 2006
COMMERCIAL/MIXED USE PROPERTIES
Owner
Tacos Mex~cos Inc
Site Address
11800-11808 Atlantic Avenue
Bhagat, Narayan & Ranlan 11812 Atlanbc Avenue
Chnst New Testament
Bapbst Church of L A
Ornelas, Raul & Isabel 11836 Atlantic Avenue
Trust/Ornelas Famdy
Ornelas, Raul & Isabel
Trust/Ornelas Famdy
Patel, Navm & Champa 12012 Atlanbc Avenue
Nabuls~, Wahd/Mohanned 12022 Atlantic Avenue
Chin, David & Jackle & 12100 Atlanhc Avenue
Chen, Becky
Bhagat, V~nodbha~ Trust 12108 Atlanbc Avenue
Ghagat, V~nodgha Trust 12120 Atlanhc Avenue
Ballard, Wdham Trust 12130 Atlantic Avenue
J L Flores DDS Inc 12134 Atlanhc Avenue
Ballard, Wdham & Kathenne12140 Atlantm Avenue
11820-11832 Atlanhc Avenue
12000-12006 Atlanbc Avenue
ATTACHMENT "A"
Page 2
6186-001-011
6186-001-007
6186-001-004,
005,006
6186-001-002
Alfaro, Froylan & Jorge
Loera, John & Mary
Vasquez, Leonel
M~chalak, M~chael
12001 Atlanbc Avenue
12015 Atlantic Avenue
12017-12031 Atlanbc 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
Lynweod Redevelopment
Agency
Chalwn, Myron Z Trustee
Chavez, Luc~a
Casas, Jesus & Patnc~a
Membreno, Juice & Juana
Contreras, Ram~ro & L~wer
Tostado, Emesto & Adnan
Mosqueda, Rogeho & Mana
Gathn, S~gne Comta Trustee
Cruz, Gulllerm~na
Vasquez, Inez & Mana
Cajero, Mana (Estate of)
Agu~ar, Gaudenc~o & Amanhs
NEC Atlantic Avenue &
Josephine Street
NWC Josephine Street &
Virgima Avenue
11801 Wrg~ma Avenue
11807 V~rg~ma Avenue
11815 Wrg~n~a Avenue
11819 Wrglma Avenue
11825 Wrg~n~a Avenue
11833 V~rg~n~t Avenue
11837 V~rg~ma Avenue
11845 V~rg~ma Avenue
11851 V~rg~n~a Avenue
11857 V~rg~ma Avenue
11867 V~rg~ma Avenue
11869 VIrg~ma Avenue
ATTACHMENT "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
Nabuls~, Mohammed, et al
Jones, Sarah
Zavala, Pedro & Rebecca
Alvarez, Teohlo & Noem~
Cullens, Charles & Joyce
Prec~ado, Roberto & Imelda
Chavez, Ascenc~on & Margarita
5121 Lav~nia Avenue
5124 Lav~n~a Avenue
12111 V~rg~ma Avenue
12115 V~rg~nla Avenue
12121 V~rg~n~a Avenue
12127 Virginia Avenue
12205 V~rg~n~a Avenue
12011 Atlantic Avenue
AGENDA STAFF REPORT
DATE
TO:
APPROVED BY:
PREPARED BY:
March 21, 2006
Honorable Mayor and C~ty Council Members
N Ennque Mart~nez, C~ty Manager
Grant Taylor, D~rector of Development Services
SUBJECT:
ZONING ORDINANCE AMENDMENT NO. 2006-01
Create and Implement a Design Review Board
Recommendation:
Staff recommends that the City Councd conduct the pubhc heanng and introduce the
attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ADDING SECTION 2-27 TO THE LYNWOOD MUNICIPAL CODE BY
ESTABLISHING A DESIGN REVIEW BOARD" for first reading by t~tle only
Background:
On September 9, 2003 the Lynwood City Councd adopted an Update to the Lynwood
General Plan that includes a Commumty Design Element and a goal and pohcy to
~mplement a Design Rewew Board
On March 15, 2005 the Lynwood C~ty Councd adopted an ordinance ~mplemenbng an
Updated Zomng Code The Zomng Code estabhshes four (4) additional zones including
specific plan areas and provides consistency with the General Plan
At the Planning Commiss~on meebng on December 13, 2005 staff and the Commission
d~scussed the specifics of creating a Design Rewew Board to ~nclude members, areas of
responslbd~ty, meeting dates, etc The Commission directed staff to prepare a draft
ordinance for review prior to City Councd consideration
At the Planmng Commission meebng on January 10, 2006 staff and the Commission
reviewed a draft ordinance Staff has incorporated Commission and City Attorney
comments ~nto a revised ordinance for conslderabon of approval by the City Council
At the Planmng Commission meeting on February 14, 2006 staff and the Commission
rewewed the draft ordinance and made two (2) additional am, endments to include 1) DRB member who ~s a Lynwood resident who is a student, and
2) Planning Commission may provide recommendations to the City Council
regarding selecbon of apphcants
The City of Lynwood has a number of developments that have recently been constructed
Proposed projects are currently under analys~s, have received conceptual approval or
have apphed for zomng entitlements The C~ty Council has requested that archltectur~
designs, standards and themes be ~denbfied to regulate and prowde consistent, safe an,
attractive developments
AGENDA
ITEM
,/
The City Council has authorized the creation and implementation of a Specific Plan for
Long Beach Boulevard which wdl serve as the primary thoroughfare In Lynwood On
September 6, 2005 the Lynwood City Council and Planning Commission parhc~pated in a
Joint Meeting to rewew the components of a specific plan and design rewew guidelines
A Town Hall Meebng was conducted on February 27, 2006 and a presentabon was made
to property and bus~ness owners on Long Beach Boulevard ~dentlfymg proposed
architectural gmdehnes and standards
Many c~bes have Design Rewew Boards 0 e Cerntos, Paramount, Downey, Norwalk,
Lakewood, Pasadena, Beverly Hdls, Town of T~buron) to ensure quality development and
consistency w~th Specific Plans and design gmdehnes
Discussion & Analysis:
The C~ty of Lynwood has a S~te Plan Review Committee (SPRC) pursuant to Lynwood
Municipal Code Chapter 25 150 for rewew and approval of mlmstenal proposals The
SPRC makes recommendations on d~scret~onary proposals to the Planning Commission,
City Councd and Redevelopment Agency Members of the SPRC ~nclude Planning,
Braiding & Safety, Pubhc Works, Redevelopment, Code Enforcement, Fire and Shenff
The SPRC pnmanly addresses code requirements, development standards, conditions
and technical aspects of a project
It ~s cnt~cal that the C~ty of Lynwood ~denbfy and adopt architectural and design concepts
not only on Long Beach Boulevard, but c~tyw~de ~nclud~ng residential, commercial and
~ndustnal zones so current and future projects wdl be quahty developments and be
compabble, safe and aesthebcally pleasing
The Design Review Board will review development aspects pertaining to design, theme,
matenals, colors, budding mass, hght~ng, landscaping, street furmture, traffic medians and
other apphcable on and off-site ~mprovements
The DRB ~s a community/resident oriented Board and recommended members include
· State licensed architect, and
· Landscape architect, and
· Lynwood bus~ness owner or operator
· Lynwood resident who ~s a student, and
· Lynwood resident
It ~s ~mportant to have a d~verse and well rounded Design Remew Board Membership that
represents stakeholders in the commumty and quahfled design personnel
A provision was added to the ordinance that prowdes the Planning Commission with the
authority to make recommendations on proposed members of the DRB
Attached ~s a draft ordinance that adds Section 2-27 to the Lynwood Mumc~pal Code
creating a Design Rewew Board
In summary, the DRB will consist of five (5) members appointed for four (4) year terms
with the Development Services Director or his designee serving a secretary to the Board
DRB will be appointed by the C~ty Council and staff shall prowde a hst of quahfied
persons The DRB shall meet at least once a month and shall conduct meetings
consistent w~th the Brown Act and Robert's Rules of Order The DRB shall rewew
d~screhonary applications ~n all zoning dlstncts and provide recommendahons w~th
findings to the Planmng Commission and C~ty Council
Fiscal Impact:
The fiscal ~mpact will be $3,000 annually based on $50 per member or $250 per meeting
for the five members
Coordinated With:
C~ty Manager's Office
F~nance Department
City Attorney's Office
Planmng Commission
Attachments
Draft Ordinance
LMC Chapter 25.150
ORDINANCE NO.
AN ORDI'NANCE OF THE Ci'TY COUNCI'L OF THE CI*TY OF LYNWOOD ADD]'NG
SECT]*ON 2-27 TO THE LYNWOOD MUN'[CI*PAL CODE BY ESTABLI'SHI'NG A
DESI'GN REVi'EW BOARD
WHEREAS, the City Councd has determined that a Design Review Board ~s
necessary to enhance the appearance of the Oty by encouraging attractive
developments that protect property values and the general welfare of the community;
and
WHEREAS, the CRy Council has determined that the Design Review Board shall
rewew and make recommendations to the Planning Commission for all d~scret~onary
apphcaQons and plans for new developments, new structures, and additions.
WHEREAS, the Oty Council has determined that a Design Rewew Board wdl
ensure that developments are harmonious, preserve and enhance the Ctty of Lynwood's
natural and budt enwronments, improve the quahty of developments, and ensure that
developments are aesthetically pleasing; and
WHEREAS, the Oty Councd has determined that a Design Rewew Board is
necessary to ensure consistency with the General Plan, Specific Plans and the Lynwood
Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 2-27 is hereby added to the Lynwood Muntclpal Code to read as
follows:
2-27
DES~'GN REVI'EW BOARD
2-27.1
City Council Findings. The Qty Councd of the Qty of Lynwood hereby
finds that development ~n the Oty of Lynwood should be beneficial to the
pubhc health, safety and general welfare. The Design Rewew Board ,s
necessary to ensure that the nature and appearance of land uses and
developments wdl be compatible and harmonious w~th the use and
enjoyment of surrounding properbes and wdl not have a detrimental effect
upon the h~stonc, economic, soctal, and cultural well-be~ng and
development of the community.
2-27.2
Design Review Board Purpose The purpose of the Board ~s to make
advisory recommendabons to the Planning Commission on d~screbonary
zoning enbtlements, which shall be considered ~n connecbon w~th the
Planning Commission's heanng on such d~screbonary zoning enbtlements.
2-27.3
Design Review Board Established. The C~ty of Lynwood, ~n
recognizing the ~mportant role that the design of the physical environment
has on the pubflc health, safety, and general welfare of a community and
its residents, does hereby establish a Design Rewew Board, referred to in
th~s secbon as the "Board," which has the dubes, responsib~hbes and
powers set forth ~n th~s secbon.
a. The Board shall be composed of five (5) members, wherein each Council
member appoints one of the Board members, and appointment ~s approved by
the majority of the membership of the C~ty Council, and shall consist of the
following'
2
3.
4.
5.
At least one landscape architect
Lynwood bus,ness owner or operator
At least one state hcensed architect
Lynwood resident
Lynwood resident who ~s enrolled ~n a community college,
college, university, or vocabonal school.
four-year
b. The C~ty Manager shall and the Oty Council members may provide to the
C~ty Council a I~st of prospecbve persons from which appointments can be made.
The Planning Commission may provide recommendabons to the C~ty Councd
regarding selecbon of apphcants.
c. Board appointments shall be for four (4) years. Alternate terms shall
co~nc~de w~th the prows~ons of th~s subsecbon. Board members may be removed
by at least a three-fifths (3/5) vote of the entire membership of the Qty CouncIl
at any bme, w~th or w~thout cause.
d. Board members shall be residents of the C~ty of Lynwood except when
waived by at least a three-fifths (3/5) vote of the enbre membership of the C~b/
Council. The C~ty Council may waive the residency requirement only ~n the event
that no resident ~s ehg~ble or that the only ehg~ble resident for a particular
appointment category dechnes the appointment.
e. Should a regular Board pos~t~on become vacant for any reason, such
vacancy shall be filled for the unexpired term of office, w~th~n thirty (30) days, by
a quahfied successor. Such appointment shall conform to the prows~ons of th~s
subsecbon.
-2-
f. If a member of the Board ~s absent from three (3) regular meetings
w~thout being excused by the Board or ~s absent for any reason for more than
four (4) regular meebngs dunng a twelve (12) month period, the office of such
member shall be vacated and Qty staff shall immediately nobly the Qty Councd
of the vacancy. Upon such notification, a successor for the remainder of the
term of such member shall be appointed by at least a three-fifths (3/5) vote of
the enbre membership of the Qty Councd.
g. The Board shall adopt rules for the selecbon of ~ts officers, ~nclud~ng the
selection of a Chairperson and V~ce-Chalrperson, the bme and place of its
meebngs, and such other matters relabve to ~ts work and adm~n~strabon of ~ts
dubes which are not otherwise prowded for by statute, ordinance, or resolubon
of the Councd. In no event, however, shall the Board meet fewer than once a
month. The Board shall comply w~th the same rules and regulabons for the
conduct of ~ts business as prowded for ~n section 2-1.5 of the Lynwood Municipal
Code.
h. The Development Services D~rector, or h~s or her designee, shall serve as
secretary to the Board. The secretary of the Board shall not be a member of the
Board. The secretary of the Board shall keep a record of ~ts proceedings and the
basis for all findings and recommendabons, which shall be available to the
pubhc.
The recommendabon of approval or cond~bonal approval of an applicabon
for design rewew shall be by a majonty of the total Board membership;
otherwise any such apphcatlon shall be considered to be a recommendation of
den~al.
]. The Board shall conduct meebngs as necessary. All Board meetings shall
be held ~n accordance w~th the Ralph M. Brown Act and shall be open to the
public, except as provided by law. Special meetings may be called by the
Chairperson of the Board or the majority of the Board. The regular meebngs
shall be held at:
C~ty Hall Councd Chambers
11330 Bulhs Road
Lynwood, Cahforn~a 90262
k. Members of the Board shall be required to file annual statements of
economic interest pursuant to the C~ty's conflict of ~nterest code.
2-27.4
Exemptions from Design Review. The following development
apphcabons are exempt from th~s section:
a. Any development apphcabon not requ~nng d~scret~onary approval
from the Planning Commission shall be exempt from the prows~ons of th~s
section.
b Building permits required for the temporary emergency repair of
any structure ~n any zone shall be exempt from the prows~ons of th~s
section.
2-27.S
Design Review Board Required Plans and Materials. The plans to
be submitted for review under th~s secbon shall include those ~tems hsted
below which are determined by the D~rector of Development Services to
be necessary to be submitted to the Design Review Board:
a. A site plan deplcbng:
1. The complete d~mens~ons of the lot and s~te plans;
2. All ex.sting and proposed buddings and structures;
All ex~stmg and proposed street dedications and improvements
thereon, ~nclud~ng the Iocabon and nature of all street
~mprovements ~n the pubhc right-of-way;
4. All easements;
5. The Iocabon of all ubhty services.
b. Architectural drawings, rendenngs, or sketches showing all elevations of
the proposed buildings and structures as they w~ll appear upon complebon and
the texture and color of all construcbon materials to be used;
c. All ex~sbng and proposed yards and spaces between buddings and
structures;
d. All ex~sbng and proposed walls, fences, and landscaping, ~ncluding the
location, height, area, color, nature, and type of design and material compos~bon
for the wails and fences;
e. The Iocabon and design of the ex~st~ng and proposed on-s~te c~rculabon,
including driveways, pedestrian clrculabon, number of off-street parking and
loading spaces, entrances, and ex.ts, and traffic flow ~nto and out of off-street
parking and loading areas;
-4-
f. A landscape plan showing the location of the trees and shrubs (proposed
to be removed, retained, or ~nstalled), the amount, height, type, and Iocabon of
landscaped areas, planbng beds, and plant materials, and provisions for
~rngabon;
g. All exlsbng and proposed loading, includ~ng the Iocabon, area dimensions,
number of loading spaces, and the internal vehicular traffic circulation on the site
for loading vehicles;
h. All existing and proposed lighting, including the location and general
nature of both off-site and on-s~te hghbng, the proposed intensity thereof, and
the diffusion thereof;
All ex~st~ng and proposed outdoor and indoor storage activities including,
but not limited to, the nature of such storage, ~ts location, and the proposed
height and type of screening for such storage, including the design, color, and
material compos~bon thereof;
J. The exterior lighting plan showing the Iocabon, materials, and colors of
the illum~nabon;
k. Grading plans, ~nclud~ng proposed drainage plans; and
I. Such other drawings or add~bonal ~nformabon necessary to adequately
consider the drawings set forth ~n th~s section and determine comphance with the
purpose and intent of the design rewew process.
2-27.6 Design Review Board Procedures.
a. Development Services Department Duties. The development
Services Department shall have the fol~ow~ng duties for design review:
1. Prior to, or in con,luncbon with applying for any d~screbonary zoning
enbtlement to ulbmately be heard before the Planning Commission,
require the apphcant to do the following:
a. Submit the original application for Design Review to the
Director of Development Services; and
b. Submit 10 duplicate copies of the application to be
submitted to the Board; and
c. Submit a filing fee as determined by resolution of the City
Councd.
-5-
2. The Director of Development Services shall nobly the applicant and
properLy owner of the subject property of the date, time, and place of the
Design Rewew Board meeting at which its apphcabon shall be considered.
Such date shall be within (forty-five) 45 calendar days after the date of
notification of said meeting.
b. Design Review Board Duties. The Design Review Board shall have the
following dubes for design review:
1. The Design Rewew Board shall be responsible for reviewing all
plans and drawings accompanying a request for a dlscrebonary zoning
enbtlement the prowslons of th~s section and shall make a
recommendation to the Planmng Commission to 6~ther approve, deny, or
cond~bonally approve such request.
2. All plans and drawings required by th~s secbon shall meet the
criteria of th~s secbon. Cond~bons may be recommended when the
proposed ~mprovements do not comply with the applicable design
standards or criteria and shall be proposed to bnng such ~mprovements
~nto conformEy.
3. The Design Rewew Board may continue ~ts review from t~me to
bme, to a t~me and date certain.
4. Recommendations and Findings: The recommendabon of the
Design Review Board and the findings in support of sa~d recommendation
shall be ~n the form of a written recommendabon and shall be served on
the apphcant e~ther personally or by cerbfied Umted States ma~l, return
receipt requested, within ten (10) bus~ness days after the
recommendation is rendered. Should the certified ma~led nobce be
returned to the C~ty for any reason, the C~ty shall cause a copy of the
same to be ma~led to the property owner shown on the last equahzed
assessment roll by regular first-class ma~l w~th postage fully pa~d. The
decision shall ~nclude notification of the time and date of the public
hearing before the Planning Commission.
c Planning Commission Duties. The Planning Commission shall have
the following duties for design review:
1. W~th~n forty-five (45) days after the ma~l~ng of the nobficabon of
the t~me and date of the pubhc heanng, the D~rector of Development
services shall present to the Planmng Commission the original application
and plans, ~nclud~ng any amendment(s) thereto, and cop~es of all other
-6-
papers constituting the record upon which the recommendation of the
Design Rewew Board was taken, ~nclud~ng, but not hm~ted to, the m~nutes
of all meetings thereon, and shall submit to the Commission a written
report, prepared from the record upon which the Board recommendation
was made, stating the factual basis on which the Board found and
determined that the apphcat~on met or faded to meet the criteria and
requirements of th~s section and other appropriate sections of th~s section.
2. After such rewew and heanng, the Planning Commission may take
~nto account the recommendation from the Design Rewew Board and
e~ther, by a ma.lonty vote of the entire body, accept the recommendation,
deny the recommendation, or modify ~n whole or in part any proposed
condition, requirement, or suggestion made by the Board.
d. Appeals to the City Council. The Planning Commission determination
shall be final, unless appealed to the C~ty Councd or ~ts designated heanng
officer, ~n accordance with the Lynwood Mumc~pal Code.
2-27-7 Design Review Board Shall Base Its Recommendations on
Findings
For every apphcat~on for design rewew, the Design Rewew Board shall base ~ts
recommendations to the Planmng Commission on the following findings:
a. That the proposed development plans and design features will ~ntegrate
harmoniously w~th, and enhance the character and design of both the ~mmed~ate
neighborhood and the surrounding areas of the City.
b. That the plan and design wdl stabdlze and protect property values from
substantial depreciation.
c. That the plan and design wdl enhance the des~rablhty and enjoyment of
the immediate neighborhood.
d. That the plan and design will improve community appearances by
preventing extremes of dlss~mdarity or monotony in new construction or ~n alterations of
facilities.
e. That the plan and design of the buildings, parking areas, s~gns,
landscaping, hght[ng, and other s~te features ~nd~cate that consideration has been g~ven
to both the functional aspects of the site development, such as automobde and
pedestrian c~rculat~on, and the wsual ~mpacts of the development from the wew of the
pubhc streets.
-7-
f. That the plan and design shall tend to enhance property values and
appearance ~n the ~mmed~ate neighborhood and surrounding areas w~th an
accompanying betterment of conditions affecting the pubhc health, safety, and welfare.
2-27.8 Design Review Board Factors and Considerations
For every application for design rewew, the Design Rewew Board shall consider
the following factors in applying criteria when making findings w~th respect to s~te plan
and design rewew:
a. The height, bulk, and other design features of all structures should be ~n
proportion to the budding s~te w~th a balance and unity among external features
so as to present a harmonious appearance.
b. The design of structures and grounds should contribute to the physical
character of the community while ma~nta~mng a harmonious relationship with the
existing and proposed ad,loaning development.
c. The layout, orientation, and location of structures and their relationship to
one another and to open spaces, parking areas, pedestrian walks, s~gns,
dlum~nat~on, and landscaping should be ~nterrelated and arranged as to achieve a
safe, efficient, and harmonious development.
d. Each budding shall reflect due consideration of a total design concept
which shall be an integral part of the design treatment and architectural detail
accomphshed ~n a professional manner consistent w~th good design practices.
e. The grading and development of sites should be accomplished with due
regard for the quaht~es of the natural terrain and landscape, trees, shrubs, and
other natural features should not be ~nd~scnm~nately destroyed.
The location and type of landscape plantings should consider the
following.
1. Landscaping should separating or screening storage, parking, and
service areas from the street and adjoining buddings sites.
2. Landscaping should break up large expanses of paved areas.
3. Landscaping should separate budding areas from paved areas.
g. The design, size, Iighbng, placement, and character of s~gns should be
appropriately related to the structures and grounds and be ~n harmony w~th the
general development of the s~te and the surrounding neighborhood.
h. The mechamcal equipment or machinery, trash, and other exterior service
areas necessary to serve the structure should be concealed or treated ~n a
manner which is in harmony with the design of the structures and grounds.
When a s~te subject to design review ~s within or adjacent to a res~denbal
zone, the proposed ~mprovements to such s~te should show cons~derabon for the
R-zoned d~stnct and not ~mp~nge upon the character or value of the residential
area.
2-27.9
Administration of Approved Plans: If there ~s substanbal change from
the original design plans, the matter or plans shall be resubmitted to the
Design Rewew Board, subject to all of the provisions of this secbon, as if ~t
were a new design rewew.
2-27.10
Other City Duties: Nothing ~n th~s secbon ~s ~ntended to restrict the powers
and dubes otherwise pertaining to any Qty body, agency, commission, or
staff.
2-27.11 Further Rules and Regulations: The Qty Council reserves the right to
adopt by resolution add~bonal rules and regulations which shall become
effective immediately upon adopbon, govermng the ~mplementabon of the
specific procedures of this chapter.
SECT[ON 2. If any section, subsection, sentence, clause, phrase, or port~on of th~s
ordinance is for any reason held to be ~nval~d or unconsbtut~onal by the dec.sion of any
court of competent junsd~cbon, such dec.sion shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance
and each section, subsecbon, sentence, clause, phrase, or port~on thereof, ~rrespective
of the fact that any one or more sections, subsecbons, sentences, clauses, phrases, or
portions be declared ~nvahd or unconst~tubonal.
SECTION 3. Th~s ordinance shall take effect thirty (30) days after ~ts final passage by
the Qty Council.
SECTION 4. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of th~s Ordinance and to cause ~t to be pubhshed or posted as
required by law.
-9-
F~rst read at a regular meeting of the C~ty Council held on the __ day of
., 2006 and adopted and ordered published at a regular meeting of sa~d
Councd held on the ~ day of ,2006.
A'I-I-EST:
LETICIA VASQUEZ, Mayor
City of Lynwood
ANDREA L. HOOPER, C~ty Clerk
CIty of Lynwood
N. ENRIQUE MARTINEZ, C~ty Manager
City of Lynwood
APPROVED AS TO FORM:
ARNOLDO BELTRAN, C~ty Attorney
City of Lynwood
- 10-
CHAPTER 25,150
SF£E PLAN REVIEW APPROVAL
25.150.010
25 150.020
25.150 030
25 150 040
25.150.050
25 150.060
25.150.070
25.150.080
Purpose
Apphcahon Requirements
Required Site Plan Review Con[ents
Proceedings
Finality of Dec~sion and Effechve Date
Basis for Approval or Denial of Site Plan Revmw
Time Limits
Site Plan Review Approval Attached to the Property
25 150.010
25.150.020
25.150.030
Purpose
The City recognizes that new development, tn order to provtde for safe and
efficient circulation, compabb~hty with surrounding uses, attractive and efficient
designs, and the prowston of requtred landscaping, open space, and other
areas, requires the forma~ review and approval of a detailed Stte Plan Review
The Site Plan Review Approval process Is provided for this purpose
Application Requirements
Applications for Site Plan Review Approval shall be submitted for alt resJdenbal
projects rnvolvmg the construcbon of new bul)dmgs and commercial or ~ndustrla)
addlbons
Required Site Plan Rewew Contents
Each Site Plan Review shall set forth in text, maps, and dlagrams~the following,
unless determined by the Development Services Director to be unnecessary for
a particular project The Development Services Director may also require at
h~s/her dlscrebon the submission of additional mformabon as needed for a
parbcular project
(1) An existing setbng descr~pbon which ~ncludes
A A descnpt~on of the physical charactensbcs of the site,
B Available pubhc services and facdlbes,
C The capacity of the existing circulation system, and
D The ex~stmg and planned land use of adjacent properties
C~ty of Lynwood ~
Zoning Code 25 150-1 January, 2005
25 ~50,040
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A dl$cLtSStOUI of specific objecctves and limits for developmen[ o~ rise
proper(y which recognize end respond To identE~ed constrainm
The level of pubhc serwces and facd~[~es requ~led to serve tt~e proposed
development
Proposed access and clrcutatton, ~nclud~n9 parking areas, loading areas,
and pedestrian walkways The Site Plan Review shall also detail any
improvements to adjacent or off-site roadways required to serve the
proposed development
S~gnlficant natural features and areas to be retained for common open
space, and provisions for preserving, maintaining, and using those areas
Known man-made and natural hazards, and the methods for mrbgatmg
the hazards
Proposed grading and landscaping
Plans showing all proposed structures, including the following
A Footpnnts of all proposed buildings
B Elevations of all proposed buddings
C
Materials and colors to be used on the exteriors of all proposed
buddings
Proceedings
(a)
An application shall be filed pursuant to the provisions of Section
25 100 020 of th~s Zomng Code Upon acceptance of a Site Plan Review
Approval apphcabon as complete, the Development Services Director or
his/her designee shall review the appkcatlon for conformance~wlth the
provisions of this Zoning Code The Development Services Director shall
forward the plans, project description, and other relevant materials to the
Site Plan Review Committee consisting of members of Environmental
Services Department, Building & Safety Dw;slon, Redevelopment
Division, Fire Department, Sheriff Department, Code Enforcement
Division and any other entity deemed appropriate by the Development
Services Director The Development Services Director shall schedule the
matter for a meeting with the project applicant and Site Plan Review
Committee pursuant to the provisions of Chapter 25 100 of th~s Zoning
Code
(b)
The S~te Plan Review Committee members shall review the project and
forward a recommendation w~th code requirements and conditions of
approval to the Development Services D~rector
City of Lynwood )
Zoning Code 25 150-2 January, 2005
25,150.050
25.150.060
(c)
The D,e,,elopn'~ent Services P~recto~ shall ac{ to approve conchuonatlv
app,~ove, or deny lne apphcauon
(d)
The Developmen~ Sep, qces D~rec[ol on behalf of the Site Plan Rev,ew
Committee shall forward a letter containing ~ts dec(sion, findings and
conditions The letter shall recite, among other th~ngs, the facts and
reasons which make the granting or den~al of the S~te Plan Review
necessary to carry out the prows~ons and general purpose of th~s Zoning
Code If the S~te Plan Review ~s approved, the report shall recite the
condtbons and hm~abons ~mposed, ff any
Finality of Development Services Director Decision and Effective Date
The decision of the Development Services Director is considered final unless an
appeal has been filed The dec,sion shall become effecbve ten (10) days after
the approval, unless an appeal has been filed
Bas~s for Approval or Denial of a Site Plan Review
The Planning Commission, and C~ty Councd on appeal, in acting to approve a
S~te Plan Rewew Apphcat~on, may ~mpose cond~bons as are reasonably
necessary to ensure the project ~s consistent w~th the General Plan, compabble
w~th surrounding land uses, and meets the prows~ons and ~ntent of this Zoning
Code In making such a determination, the hearing body shall find that the
proposed use ~s ~n general m accord w~th the following pnnc~ples and standards
(a) That the proposed uses are consistent w~th the General Plan,
(b)
That the nature, condlbon, and development of adjacent uses, buildings,
and structures have been considered, and that the use wdl not adversely
affect or be matenally detrimental to these adjacent uses, buildings, or
structures,
(c)
That the site for the proposed use is of adequate s~ze and shape to
accommodate the use and buildings proposed,
(d) That the proposed use comphes w~th all apphcable development
standards of the Zoning D~stnct, and
(e) That the proposed use observes the spent and ~ntent of th~s Zomng Code
C~ty of Lynwood
Zomng Code 25 150-3 January, 2005
23.t 50,070 TN'~e L~m>t~
Use o~ Approved Site Plan Rewew
Any Site Ptan Review, which Is not used withN~ the t~me specified ~n the
grant of approval or, if no time is specified, w~thln two (2) years of the
effective date of such approval, shall become sublect to termination The
Planning Commission may extend such approval for a period of brae not
to exceed two (2) years, prowded an appl¢cat¢on requesting the extension
~s filed prior to the original extension date For purposes of th~s Section,
"used" means the commencement of construction activity or any activity
authorized by the grant
(b) Proceedings to Terminate
Any proceeding to enforce the expiration of any approved Site Plan
Review granted hereunder shall commence w~th a notice to the holder of
the Site Plan Review of the City's intent to enforce the same and
following the heanng process set forth ~n Section 25 100 050 of this
Development Code
25.150.080 Site Plan Review Approval Attached to the Property
An approved Site Plan Review which is valid and in effect and granted pursuant
to the prowslons of this Zoning Code shall run with the land and shall continue to
be valid upon change of ownership of the land or any lawfully ex~sbng building or
structure on the land
C~ty of Lynwood
Zoning Code 25 150-4 ; January, 2005
AGENDA STAFF
REPORT
DATE
TO:
APPROVED BY:
PREPARED BY:
March 21,2006
Honorable Mayor and C~ty Council Members
N Enr~que Marhnez, C~ty ManagerlJCP
Grant Taylor, D~rector of Development Services
SUBJECT:
ZONING ORDINANCE AMENDMENT NO. 2006-02
Amendment to Lynwood Zoning Code
Recommendation:
Staff recommends that the C~ty Councd conduct the public heanng and introduce the
attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD AMENDING CERTAIN SECTIONS OF TITLE 25 (ZONING) OF THE
LYNWOOD MUNICIPAL CODE INCLUDING SIGNS, FENCES, DEVELOPMENT
STANDARDS AND USES" for first reading by t~tle only
Background:
On September 9, 2003 the Lynwood C~ty Councd adopted an Update to the Lynwood
General Plan
On March 15, 2005 the Lynwood C~ty Councd adopted an ordinance ~mplement~ng an
Updated Zomng Code that ~ncluded four (4) new zoning d~stncts (specific plan, open
space, pubhc facd~bes and c~wc center overlay), rewsed development standards and
amended land uses to be consistent w~th the General Plan
After use of the zomng code for nearly a year, staff has ~dent~fied some deficiencies that
should be amended The revisions are pnmanly minor modifications perta~mng to s~gns,
fences, parking, land uses and procedures
On February 14, 2006 staff and the Planmng Commission rewewed proposed
amendments to certmn sections of the Zoning Code (Chapter 25) The Comm,ss~on
recommended additional rews~ons and the ~tem was continued
On March 2, 2006 the Lynwood Planmng Commission recommended approval of the
ordinance to the C~ty Councd
Discussion & Analysis:
The proposed amendments are as follows
Section I - LMC 25 10 070 Allow one-story detached accessory structures and
small add~bons to encroach ~nto residential s~de and rear setbacks
Secbon 2 - LMC 25 10 120 Add prows~ons to the fence regulations andreqmre I' AGENDt
additional documentation to avoid property hne d~sputes, and provide appeal,//~ __
process ITEM
!
· Secbon 3 - LMC 25 10 130 Require structures to consist of neutral or earth tone
colors subject to color samples and approval Trim and architectural features may
consist of brighter colors
· Section 4 - LMC Table 25 25-1 Identify budding separations consistent w~th the
Cahforma Building Code
· Section 5 - LMC Table 25 25-1 Reduce rear yard setbacks for commercial zones
· Section 6 - LMC 25 25 080 Regulate outside d~splays and storage
· Section 7 - LMC 25 25 130 Add standards for automobile land uses
· Section 8 - LMC 25 65 060 Amend residential parking to require three-car
garages for residences w~th four (4) or more bedrooms Require m~n~mum 400
square foot ~ntenor d~mens~ons for two-car garages Also allow carports ~n addition
to garages
· Section 9 - LMC 25 70 030 Restncted s~gns
· Section 10- LMC 25 70 050 Prohibited s~gns
· Secbon 11 - LMC 25 70 080 S~gn Placement
· Section 12 - LMC 25 80 030 Delete conflicting section regarding churches
· Section 13 - LMC 25 92 Amend department name from "Enwronmental Services"
to "Pubhc Works" m the section regulating grading
· Section 14 - LMC 25 93 Amend department name ~n section regulating erosion
and sediment control
Fiscal Impact:
There ~s no fiscal impact from the action recommended in th~s report
Coordinated With:
C~ty Manager's Office
F~nance Department
City Attorney's Office
Planning Commission
Attachments
Ordinance
H \WORDFILE~PLANNING\STAFFRP]~zoa2006~)2 zonmgcodcupdate doc 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
CERTAIN SECTIONS OF TITLE 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE
INCLUDING SIGNS, FENCES, DEVELOPMENT STANDARDS AND USES
WHEREAS, the zomng code is the implementation tool of the General Plan and shall be
consistent with the General Plan, and
WHEREAS, the Lynwood City Council adopted an update of the Lynwood General Plan
on September 9, 2003; and
WHEREAS, the City Council approved an overall update of the Lynwood Zoning Code
and the new zoning code became effective on April 15, 2005, and
WHEREAS, after implementing the new zoning code for ten months staff has identified
certmn deficiencies and recommends certain amendments to the code, and
WHEREAS, the amendments to the Zoning Code are minor in nature and no further
envlromnental review is required The General Plan included an Environmental Impact Report
(EIR) and the Zoning Code Update included a Mitigated Negative Declaration (MND)
Provisions in the EIR and MND address potential impacts pursuant to the provisions of the
California Environmental Quality Act (CEQA) guidelines
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS
Section 1. Existing Section 25 10.070, Maximum Projections into Yards, shall be
repealed in its entirety and a new section 25 10 70 shall be added to the Lynwood Municipal
Code to read as follows
25.10.70 Maximum Projections into Yards
a)
All required yard areas shall be open and unobstructed from finished grade
to the sky, except that projections ~nto yard areas shall be pennnted as
indicated in Table 10-1 The architectural projections listed in the table
must be attached to the principal building extstlng or planned on the lot
b)
Detached accessory structures may encroach into required s~de and rear
yard setback areas provided that a minimum setback of five feet (5') shall
be observed for all s~de and rear property lines
-1-
c)
Ex~sting residential structures that encroach into reqmred setback areas in
all residential zones, may apply for one-story addition development
permits prowded that the addition meets all conforming reqmred setbacks
-2-
Section 2. Ex~snng Section 25 10 120, Fences, Walls, and Hedges, is repealed in its
entirety, and a new Section 25 10 120 shall be added to the Lynwood Zoning Code as follows
25.10.120 Fences, Walls, and Hedges
In residential districts the maximum height of all fences, wails, and hedges
at all locations, except in the required front yard, is SlX feet (6'), unless
otherwise stated in this Chapter In all other dismcts, the maximum height
at all locations, except the required from yard, is eight feet (8'), unless
otherwise stated in this Chapter The height shall be measured from the
top of wall to finished grade All new sohd block walls located in the s~de
yard and rear set backs abutting rights of way shall be set back 12 inches
therefrom mad at base grade, shall be planted with the creeping fig plant
(b) Retaining and Crib Walls
The heights of any portion of wall or fence, which retmns earth or water,
except in the required front yard, shall be limited as follows The height
of the wall shall not include any guard rail or open fence (defined in
section c 4, below) required by the Uniform Building Code or the City
(1)
Walls Built on Slopes of Less Than 15 Percent - For walls
constructed on slopes with a less than fifteen percent (15%) grade,
the fence and wall heights specified in subsection (a) above shall
apply
(2)
Alternative to Height Limit of Retaining Walls - Stepping of
retaining walls ts permitted subject to approval of a Planning Use
Permit, as described in Chapter 25 150 Stepping is allowed,
provided that the minimum horizontal distance between the top of
the downslope retaining wall, fence, and/or landscaping, and the
bottom of the up slope retaining wall, fence, and/or landscaping,
shall be equal to the vertical height of the downslope retaining
wall, fence, and/or landscaping Approval shall be considered
when the wall is landscaped and does not create conditions or
situations that may be detrimental or incompatible with other
permitted uses in the v~clmty Any guardrads required by the
Building Official shall be open-type guardrads, and the rail shall
be exempted from maximum reqmred height measurements Crib
walls with a vertical slope of at least one-half to one (½ 1) are
exempt from these stepping requirements
-3-
(c)
Fences Within the-Front Yard Setback Area
Thc clem' area requirements contmned in Section 25 10 080 shall
apply
(2)
"Decorative" shall mean aesthetically significant in design and
construction with a nondetracting color, and a compatible finish
that is consistent with the main dwelling and adjacent properties,
such as brick or concrete pilasters
(3)
A column is the vertical supporting member located between
fencing or which flanks a gate entrance
(4)
A decorative column is a vertical supporting member with an
aesthetically significant textured surface, including, but not limited
to stucco, splitface, stone veneer, brick veneer, wood veneer, sohd
stone, solid brick, sohd wood and glass block
(5) A cap is the horizontal surface atop a cohtmn
(6)
Height: Decorative fences and decoratwe columns vath caps
located in the front yard area shall not exceed forty-eight inches
(48") inches in height
(7)
Fence Supports: No solid decorative walls located in the front
yard shall be greater than twenty-four inches (24") in width and not
spaced closer than eight feet (8') apart
(8)
Fence Material. Notwithstanding section 3 above, fences may
only consist of one of the following materials
ao
wrought iron (black or white only)
wood pmket or PVC p~cket
(9)
Spacing: Open fence material shall not exceed two ~nches (2") in
width nor be spaced less than four inches (4") apart
(10)
Retaining Walls: The height of retmnlng walls in the from yard
shall be equal to or less than tharty inches (30") The total height
of any wall in a front yard, including a retaimng port~on, shall be
equal to or less than forty-eight inches (48")
-4-
11
12.
(13)
Fences or walls shall provide a gate or other suitable opening no
less than thirty inches (30") m width to provide access to primary
or accessory structures
Fences, which were legally constructed prior to the adoption of this
Zoning Code, but made nonconforming as a result of the adoption
of the Zoning Code, are exempt from amortization
Prohibited Fence Material: Fences, in their entirety, or portions
thereof, shall not be comprised of the following materials
a. chmn ln~k
b barb wire
c chicken wire
d razor wire
e fiberglass
f corrugated plastic
g gypsum board
(d) Permit Required: All new fences in all zoning districts, including block walls,
require a permit from the Development Services Department, Planning Division All
applications for a Crty permit for installation of a fence shall
Be made in writing upon the application form approved by the City Manager
or Ins or her designee, and be accompanied by the permit fee set by and
amended by City Council resolution, and
2__ Include a plot plan that identifies the location offence(s), and
Include an elevation plan containing a description of the materials to be used
in constructing the fence and/or the fence supports and all of the dimensions,
including but not limited to, width, height, depth, and length of the fence
and/or the fence supports, and
Include a notarized letter from all abutting land owners consenting to the
location of the fence In absence of the notarized letter, a survey from a
licensed engineer delineating the property lines of the person applying for the
fence permit
-5-
(e)
(f)
3
Notice of Granting or Rejecting of Permit
The Department of Development Serwces Director or h~s/her designee shall
notify the applicant of the declsmn to grant or deny the permit In the case of
denial, the applicant shall be notified to his/her right of appeal to the Planning
Commission
Right of Appeal to Planning Commission
The decision of the Director of Development Services may be appealed to the
Planning Corrmussion in accordance with the Lynwood Mumclpal Code.
In considering the appeal, the Planmng Commission shall determine whether the
applicant demonstrated that the fence has met the following criteria
a Aesthetically attractive,
b Compatible with surrotmdlng properties,
c Demonstrate continuity of design with other conforming fences on
surrounding properties,
d Not harmful to public health, safety or welfare
Notice of the Planning Commission's decision shall be mailed to the appellant
w~thln ten (10) business days of the decision personally, or by cemfied United
States mall, return receipt requested The decision shall include notification of
Section 1094.6 of the Cahforma Code of Civil Procedure Should the certified
mailed notice be returned to the C~ty for any reason, the City shall cause a copy of
the same to be mmled to the property owner shown on the last equalized
assessment roll by regular first-class mail with postage fully paid
On appeal, the Planning Commission shall conduct the hearing and may uphold,
reverse, or amend any decision of the Director of Development Services The
decision of the Planning Commission shall base its dems~on on findings
Section 3. Existing Section 25 10 130, General Design Compatibility and
Enhancement, is hereby amended to add subsection (c) to read as follows:
(c)
Exterior colors shall consist of neutral or earth tone colors for bmldlngs
and structures Trim and architectural features may consist of brighter
colors Upon construction of a new residence or second story addition, all
structures on the property shall require authorization of City approved
colors
-7-
Section 4. Existing Table 25.25-1 in Section 25 20 030, Development Standards,
shall be amended to add Note (d) and shall read as follows
NOTES.
(d)
Within the same lot, braiding separation shall be a minimum of ten feet
(10') from residence to residence, and a mm~mum of slx feet (6') from
residence to accessory structure or from accessory structure to accessory
structure
-8-
Section 5. Existing Table 25 25-1, Section I Commercial Development Standards,
shall be amended to reflect the following reduce the rear yard setback for commercial zones
from 20' to 5'
Section6. Existing Section 25 20 080, Outdoor Display and Storage shall be
amended to add Subsections (g), (h) and (i) and shall read as follows
(g)
Outside displays shall be limited to two (2) items or a maximum of ten
(10) square feet in area
(h)
Outside display items shall be located out of the public right-of-way or
adjacent to the bmldlng if there is no front setback area.
(i)
When an outside d~splay is located w~tlun a Specific Plan area, planned
development or pursuant to a pdot program, smd displays shall comport
w~th the specific requirements of these plans.
-9-
Section 7. Existing Section 25 25 130, Automobile Uses, shall be deleted and a new
section 25 25 130 shall be added to read as follows.
25 25.130 Automobile Uses
Automobile repair, used car sales, car washes, auto alarm installation and sales,
auto tire sales and service, and auto upholstery sales and service are permitted in
the C-3 Zone District subject to a Condmonal Use Permit or in the M zone with a
Site Plan Review. Auto uses shall comply with the following standards
All auto repair and service shall be within a building or under a covered
service area only No auto repair shall be permitted in the open or in
designated parl~ng areas
2
A minimum of seven percent (7%) of the gross lot area shall consist of
landscaping and a permanent irrigation system
3
No damaged, wrecked or inoperable vehicles or any parts thereof shall be
stored on-site except within an enclosed building, except vehicles that are
being serviced on-sight
4
A minimum of one (1) trash enclosure shall be provided with solid block
walls on three (3) sides and a solid and sight-obscuring gate
-10-
Section 8. The first three rows of Table 65-1 in Section 25 65 060, Number of Automobile
Parking Spaces Required, shall be amended and shall read as follows
TABLE 65-1
NUMBER OF AUTOMOBILE PARKING SPACES REQUIRED
Use
Required Number of Spaces
Residential Uses
Single-famdy, detached and
attached, in the R-1 districts
If the primary residence consists of 3 bedrooms or fewer,
the prunary residence shall have a 2-car garage, which shall
be at least 20 feet by 20 feet of interior space, and an
additional dehneated parking area If the primary residence
consists of 4 or more bedrooms, the primary residence shall
have a 3-car garage, which shall be at least 20 feet by 30
feet of Interior space, and an additional delineated parking
area If there is more than one residence on a lot, that
residence shall have a 2-car garage Carports may be
approved in addition to the required garage(s), but in no
way shall be used to replace the required garage
Single-family, duplex units
And multiple-family units in
the R-2 zone districts
If a residence consists of 3 bedrooms or fewer, that
residence shall have a 2-car garage, which shall be at least
20 feet by 20 feet of interior space, and an additional
delineated parking area If a residence consists of 4 or
more bedrooms, that residence shall have a 3-car garage,
which shall be at least 20 feet by 30 feet of interior space,
and an additional delineated parking area Carports may be
approved in addition to the required garage(s), but in no
way shall be used to replace the required garage. In
addition, one guest space shall be provided for every two
dwelling units, not including spaces on driveways, plus the
following
3 spaces for each on-site rental or sales office for
development of 100 umts or less, plus I additional
space for each additional 100 units or fraction
thereof
-11-
Single-Family, duplex units
multiple-family, condominiums,
townhouses, and similar
developments m the R-3 and
PRD zone dlstrxcts If a residence consists of 3 bedrooms
or fewer, that residence shall have a 2-car garage, which
shall be at least 20 feet by 20 feet of interior space, and an
additional delineated parking area If a residence consists
of 4 or more bedrooms, that residence shall have a 3-car
garage, which shall be at least 20 feet by 30 feet of interior
space, and an additional delineated parking area Carports
may be approved In addition to the required garage(s), but
in no way shall be used to replace the required garage In
add~tton, one guest space shall be provided for every two
dwelling units, not including spaces on driveways, plus the
following
3 spaces for each on-site rental or sales office for
developments o~ 100 umts or less, plus 1 additional
space for each additional 100 umts or fractmn
thereof
- 12-
Section 9. Existing Section 25 70 030, Restricted Signs, shall be repealed in its
entirety and a new section 25 70 030 shall be added to read as follows
25 70 30 Restricted Signs
A
The following signs are restricted by Use Permits, Location Permits and
Construction Permits
Use Permits Restrictions
a Off-site directional signs (two per business);
b Off~slte temporary directional signs pertaining to
subdivisions within the City,
Murals, not used for advertising, subject to approval by the
Planmng Commission.
d
Freestanding pylon signs, maximum 60 feet, and
Freestanding monument signs, maximum 6 feet in
commercial zones and maximum 8 feet in manufacturing
zones,
e Letter height; 24" except logos
Banners: The purpose of this Subsection is to provide for
the reasonable display of temporary banners for limited
time periods. It is recognized that the hmited display of
temporary banners from time to time is necessary in order
to provide for the legitimate promotion of business
activities, special sales, civic announcements and other
seasonal or special advertisements or information
1. Permit Required No temporary banner or sign
shall be displayed unless a temporary banner permit has
first been obtained from the Director of Development
Services or his/her designee
2 NumberofTemporaryBanners. Anapphcant
may obtain a maximum amount of one temporary banner
permit at any one time, per one location An applicant may
only obtain a maximum of two permits per calendar year,
not including City Council approval for a special permit to
place a banner(s)
-13-
2
3 Maximum Penmt Duration The maximum time
period of any single temporary banner permit shall be sixty
(60) days Penmts may be issued for time period durations
less than s~xty (60) days
4 D~splay Criteria The following temporary
banner display criteria shall apply
a All temporary banners shall be
constructed of durable material that will not
deteriorate during the time period in which the
banner ~s displayed Temporary banners which
become frayed, torn, faded, or showing similar
signs of fatigue or failure shall be deemed to be
violation of these provisions
b All temporary banners shall be securely
affixed to the face of the facade of the building
housing the business where the business ~s located.
Temporary banners shall not be affixed to fences,
light poles, trees, roofs, extended over parking
and/or landscaped areas or other similar techniques
No temporary banners shall be affixed on, within, or
over any pubhc right of way
c Banners shall not exceed 32 feet in area
and in no event shall a banner conceal more than
25% of the glass face or window of any building
g
Temporary window signs shall be affixed to the interior of
the structure windows or glass faces and shall not exceed
25% of the glass face or window. Such window signs shall
be mmntained in good condition at all times.
Construction Permit Restrictions
a
All signs higher than six feet from the ground level to the
top of the sign must have a Building Permit issued
b. All signs with elecmcal components must have an
Electrical Permit Issued
- 14-
B
All signs listed in this section must be submitted to the City for review and
approval per Section 25.70 040 below.
- 15-
Section 10. Existing Section 25 70 050, Prohibited Signs or Components, shall be
amended to read as follows.
25.70 50 Prohibited Signs or Components
A No flashing sign shall be permitted in the Residential Districts.
B No flashing sxgn shall be permitted if the hght emissions can be confused
with a standard emergency light or traffic signal
C Roof signs.
D. Portable s~gns including-A-frames and sandwich boards
E Signs ~n the pubhc right-of-way.
F Painted wall s~gns.
G Inflatable signs, balloons or flags
Section 11 Existing Section 25.70.080, Sign Placement, shall be amended to add
subsection (f) and shall read as follows
(f) Signs shall not be installed on trees, light poles, fences or landscaping
features
Section 12. Existing section 25.80.030, Churches, shall be deleted in ~ts entirety.
Section 13. Ex~sting Chapter 25 92, Conditional Grading Compliance, shall be
amended throughout to change the department name from "Environmental Servmes" to "Pubhc
Works."
Section 14. Ex~st~ng Chapter 25 93, Erosion and Sediment Control, shall be amended
throughout to change the department name from "Environmental Services" to "Public Works."
Section 15. Existing Appendm A, Regulation of uses by Zoning D~stricts, shall consist
of minor land use adjustments to be consistent with neighboring cities
Th~s ordinance shall take effect thirty (30) days after its final passage by
Section 16.
the City Council
Section 17. The City Clerk of the City of Lynwood ~s hereby directed to certify to the
passage and adoption of this Ordinance and to cause ~t to be pubhshed or posted as required by
law
-16-
Section 18. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of th~s Ordinance and to cause it to be published or posted as required by
law
on the
First read at a regular meeting of the City Council held on the day of
,2006 and adopted and ordered pubhshed at a regular meeting of smd ~ounml held
day of ,2006
ATTEST
LETICIA VASQUEZ, Mayor
C~ty of Lynwood
ANDREA L HOOPER, C~ty Clerk
C~ty of Lynwood
N ENRIQUE MARTINEZ, City Manager
C~ty of Lynwood
APPROVED AS TO FORM
\
J ARNOLDO BELTRAN, City Attorney
City of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk for the Ctty of Lynwood, do hereby certify that the
foregoing Or&nance was passed and adopted by the Cxty Council of the City of Lynwood at a
regular meeting held on the day of ,2006.
AYES
NOES'
ABSTAiN
ABSENT
-17-
City Clerk, Ctty of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, Ctty Clerk of the C~ty of Lynwood, and Clerk of the C~ty Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy of
Ordinance No. on file in my office and that said Ordinance was adopted on the date and
by the vote therein stated
Dated th~s __ day of ,2006
Ctty Clerk, C~ty of Lynwood
-18-
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21,2006
Honorable Mayor & C~ty Councd Members
N Ennque Martmez, C~t¥ Manager/)¢'/~
Grant Taylor, D~rector of Development Services
J Arnoldo Beltran, C~ty Attorney
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF THE REAL
PROPERTY IDENTIFIED AS APN 6186-001~005 AND 6186-001-006, LOCATED
AT 12017 ATLANTIC AVENUE LYNWOOD, CALIFORNIA 90262, IN
CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK
FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED BY
LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF
THE MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Recommendations:
Open and conduct a pubhc heanng on the adoption of the proposed Resoluhon of
Necessity, receive from Staff the ewdence stated and referred to m th~s report,
take tesUmony from any person wishing to be heard on the matter
If the Cdy Council finds, based upon the evidence contained ~n and referred to in
this report and the testimony and comments recmved dunng the public heanng,
that the ewdence supports the necessary findings w~th respect to the Resolution of
Necessity, then the staff recommends that the C~ty Council, ~n the exercise of~ts
discretion, adopt the proposed Resolution entitled, "A RESOLUTION OF
NECESSITY OF THE CITY OF LYNWOOD, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, 1N CONNECTION WITH THE
DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK", and authorize City Staff and the City Attorney's office to
take all necessary steps to file and prosecute an eminent domain proceeding to
acquire the fee s~mple xnterest ~n the real property commonly known as 12017
Atlanuc Avenue, Lynwood, Cahfom~a 90262, ~dentffied as Assessor's Parcel
Numbers 6186-001-005 and 6186-001-006 (referred to hereinafter as the "SubJect
Property"). The SubJect Property ~s more fully described m the legal description
attached as Exhibit "A" to the Resolution of Necessity and depicted on the s~te
map attached as Exhibit "B" to the Resolution of Necessity Exhibits "A" and
"B' are ~ncorporated herein by th~s reference
AGENDA
ITEM
Executive Summary:
The proposed project ("Project') ~nvolves the construction of a new park to replace John
Ham Park Memorial Park ("Ham Park"), which was previously located at the southwest
comer of Martin Luther King, Jr Boulevard and Wright Road The fornxer park site was
acqmred by the Lynwood Unified School District for construction of a new high school
The City is planning a replacement park and is proposing the acquisition and
development of 10 acres of land (involving approximately 44 parcels) (all parcels jointly
referred to as the "Site") for the Project Faciht~es at the new park ~vould ~nclude a soccer
field, a baseball field, an approximately 5,000-square-foot Community Building, pmmc
tables w~th shelters, walking/biking trails, tot lot, and three surface parking lots w~th
apprommately 195 parkmg spaces The portion of the park that would be located on the
west side of Atlantic Avenue is anticipated to be used as a tot lot and parking area In
order to accommodate the Project, the City needs to acqmre the affected parcels,
demolish emstmg structures, vacate the public rights-of-way for the segments of
Josephine Street and Lavtma Avenue between Atlantic Avenue and Virginia Avenue, and
construct the proposed facdmes
The City lost Ham Park nearly three years ago to the Lynwood Unified School D~stnct
("LUSD") LUSD acqmred the property by way of a three party agreement w~th the City
and the County of Los Angeles as the other two parties As part of the acquimtmn
process, the California State Allocation Board made avmlable to the City a hmited
amount of funds that were to serve for the acqms~tmn of replacement property for the
constmctmn of the Project The SubJect Property is part of the Site and ~ts acquis~tion
sought for public purposes, namely the construction of the new park, and all uses
necessary or convement to the operation of the replacement park for said purposes,
pursuant to Cahforma Constitution Article 1, Section 19, Cahfomla Government code
Sections 37350, 37350 5.37351,40401 and 40404, and California Code of Clvll
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010
through 1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and
other provisions of law
As explained more fully below in the Background section, the Project constitutes an
effort by the City to replace park and open space for the Lynwood residents
Construction of the replacement park will enable the City to once again offer additional
programs at the new park and permit the residents of Lynwood to enjoy 10 acres of open
space for a multitude of recreational activities
The legal description of the SubJect Property is attached as Exhibit "A" to the Resolution
of Necessity and depicted on Exhibits "B" to the Resolutmn of Necessity The proposed
Resolution of Necessity, together w~th Exhibits "A" and "B", are attached to th~s Staff
Report, and are ~ncorporated herein by this reference The pubhc hearing on the
proposed Resolution of Necessity has been duly noticed
2
The City has extended an offer pursuant to the reqmrements of Government Code Sectmn
7267 2 et seq to the owner of record of the SubJect Property, but the owner has reJected
tlxe C~ty's imtial offer Negouations are ongoing, but no negottated sale has been
reached Based on the legal mandate under the Public Park Preservation Act of 1971 and
the urgent need for park and open space m the City (the City of Lynwood was already
short of the required open and park space for its residents prior to the loss of Ham Park
Nearly three years have now elapsed since the loss of the 10 acres of open and park space
that made up Ham Park), it is necessary that the City Council consider at th~s time the
adoption of the Resolution of Necessity for the acquisition of the SubJect Property by
eminent domain In order to adopt the Resolution of Necessity the City Council must
find and determine that
1
2
3
4
The public interest and necessity require the ProJect
The Project is planned or located in the manner that w~ll be compatible with
the greatest pubhc good and least private injury
The SubJect Property described ~n the Resolution of Necessity ~s necessary for
the ProJect
The C~ty has made the offer reqmred by Goverm'nent Code Sectmn 7267 2 to
the owner of record of the SubJect Property
Th~s heanng relates to msues 1, 2, 3, and 4 above The amount of just compensation ~s
not an msue before the C~ty Courted at thts heanng
Background:
The C~ty of Lynwood contains apprommately 4 9 square miles of surface area Based on
State of Cahforma gmdehnes the C~ty is deficient in open spaces and parks
Notwithstanding this shortage of open spaces, on September 2, 2003 the City entered into
negotiations w~th the LUSD and the County of Los Angeles for the LUSD to acquire
Ham Park for the construction of a high school As part of the negotiations the part~es
entered into a three party agreement whtch resulted ~n the City and County of Los
Angeles being recipients of funding provided by the State of California State Allocation
Board for the acquisition of replacement property for Ham Park and construction of the
new park
The loss of Ham Park resulted ~n the C~ty discontmmng a multitude of programs offered
to residents of all ages at the former park This pubhc functmn continues to go unmet in
large part untd the replacement park can be operational
Based on the legal requirements of the Pubhc Park Preservation Act of 1971 and the
obhgatmns of the City to the County of Los Angeles (Ham Park was, at one t~me, a
County of Los Angeles park and the County's consent was required before the C~ty could
transfer Ham park to LUSD), the C~ty worked on the relocation of Ham Park for many
month before setthng on the S~te Once a site was identified, the C~ty retmned the
services of a consultant to asstst w~th the preparatmn of an envtronmental tmpact report
and a second consultant to manage the acquismon and relocatmn effort at the Site
Subsequent to the completion of an Environmental Impact Report and approval of the
same, the C~ty began ~ts acquisition process of the propertms at the S~te To date, the
efforts of the City have resulted in the acqmsltlon of 26 properties where escrow has
closed, 13 properties in escrow pending closing of same, and 5 properties on which no
agreement has been reached and which will be the subject of consideration of resolutions
of necessity by the Council
Discussion & Analysis:
Description of the Proposed Prolect
The ProJect constitutes the City's effort to comply with California law and the terms and
conditions of a three party agreement entered into wltlx the LUSD and the County of Los
Angeles for the replacement of Ham Park Under the terms of the Pubhc Park
Preservatlon Act of 1971, the City has an obhgatlon to replace Ham Park Moreover, the
obhgatlon to do so must meet specific and stringent mqmrements such that the
replacement park must be located in an area designed to serve generally the same persons
with land of comparable characteristics and of substantially the same size served by the
fmxner Hmn Park This reqmrement made it imperative for the City to identify suitable
property ~n the immediate neighborhood of the former Ham Park
The Project consists of the acqms~tlon of approximately 10 acres of real property
currently devoted to residential, commercial and other uses including public rights of way
for the construction of the replacement park The Executive Summary, above, provides a
detailed review of the Project
Environmental Rewew Process and Analys~
As part of environmental review process for the Project, the City of Lynwood determined
that the proposed Ham Park Replacement ProJect would likely have significant adverse
environmental effects The analysis indicated that the proposed project could result in
significant adverse effects on a number of areas and an EIR would have to be prepared
In accordance with the California Environmental Quality Act ("CEQA"), the C~ty of
Lynwood circulated a Notice of Preparation ("NOP") of a draft Environmental Impact
Report ("EIR") on June 23, 2004 (found in Appendix A to the draft EIR), to inform other
agencies, special districts, surrounding cities, and other individuals that the City intended
to prepare an EIR for the proposed project The purpose of the NOP was to solicit
guidance from various agencies regarding the scope and content of the envlroiunental
information to be included in the final EIR Agencies and individuals receiving copies of
the NOP had 30 days to respond Concerns raised in the responses to the NOP are
presented in letters provided as Appendix B to the final EIR mhd haYe been mldressed in
the final EIR A Scopmg Meeting was held on July 15, 2004 to discuss the project and
the environmental review process and to solicit comments on the environmental analysis
to be included in the final EIR, The written comments received at the Scopmg Meeting
are provided in the diaft EIR
The final E1R was presented to the Lynwood City Council at a duly noticed public
hearing on February 1, 2005 and the same was approved by a 5-0 vote of the City
Council City Council Resolution 2005 012 certifying the final Environmental lmpact
Report and the Notice of Determination filed with Los Angeles Cotmty Clerk are
attached hereto as Exhibits "C" and "D" and are incorporated herein by this reference
Actions of City Pursuant to Government Code Section 7267 et seq
Pursuant to Government Code Section 7267 et seq, the City of Lynwood obtained a fair
market appralsaI on the SubJect Property, set just compensation In accordance therewith
and extended a written offer letter on October 10, 2005, to Reyes and Maria J Vasquez,
the owners of record of the SubJect Property together with the accompanying statement
and summary of the basis for the mnount established as just compensation A true and
correct copy of the offer letter IS on file m the Development Services Department of the
City of Lynwood and IS incorporated m th~s Staff Report by this reference That offer
was rejected by Reyes and Maria J Vasquez, and to date, no negotiated purchase has
been consummated The need to complete the Project and the schedule for the same
require that the City Council consider the proposed Resolution of Necessity at this t~me
Necessary Findings for Adoption of Resolution of Necessity
To adopt tlre proposed Resolution of Necessity, the City Council must find and determine
that
1 The public interest and necessity require the Project
2 The Project is planned or located in the manner that will be compatible with the
greatest public good and least private injury
3 The Subject Property described in the Resolution of Necessity IS necessary for the
Project
4 The City has made the offer reqmred by Government Code Section 7267 2 to the
owner of record of the Subject property
The Public Intetest and Necessity Require the Prolect
As set out in the Executive Summary above, the City seeks to acquire the Subject
Property for a pubhc purpose The SubJect Property is part of the land area required for
the construction of a replacement park for Ham Park The City intends to construct a
park in the approximately 10 acres of which the SubJect Property is a part, a public use,
and in co~mection therewith acqmre Interests m certain real property Smd pubhc use m a
governmental function of the City of Lynwood The City is obligated to construct the
park because Ham Park was taken by the Lynwood Unified School District for the
construction of a new high school With the loss of Ham Park the City, which was
already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facilities as well as its legal obhgations trader
the Public Park Preservation Act of 1971
More particularly, thc City of Lynwood proposes construction of the replacement park to
meet the following public purposes
· To provide needed park space in the City, as identified in the Lynwood
General Plan,
· To provide active and passive recreation opportunities for the residents of
Lynwood,
· To provide a replacement park of comparable size and active and passive
recreational amenities of the original Ham Park, and,
· To encourage the economic and physical redevelopment and revitalization
of the surrounding project area and the community as a whole
The Prolect is Planned or Located in the Manner that will be Compatible with the
Greatest Public Good and Least Private Inlury
The SubJeCt Property is necessary for the construction of the replacement park for Ham
Park The SubJect Property, on Atlantic Avenue between Agnes Street and Lavinia
Avenue, IS part of the Site necessary to complete the replacement park and to ensure that
the acreage lost by the acquisition of Ham Park is replaced as required by the Public Park
Preservation Act Cal Pub Res Code Sec 5407 I The City conducted a number of
studies to determine the location for the replacement park The City's search was limited
in light of the provisions of The Public Park Preservation Act of 1971 which mandates
that parks be replaced within the area that will serve the same population as the previous
park served This legal mandate, the limited surface area of the City and the already
existing public sites such as schools and other similar uses, limited the possible location
of the replacement park The selection of the site for the ProJect will cause the least
amount of private injury in that the city will be able to use other public lands, the public
right of way such as streets and intrude in the least possible amount into the
neighborhood Intended to be served by the replacement park
The Sublect Property Interest Described In the Resolution of Necessity is Necessary for
the Prolect
The proposed action consists of the acquisition of the fee simple interest in the properties
located at 12017 Atlantic Avenue Lynwood, Callforma 90262, ~dent~fied as Los Angeles
County Assessor's Parcel Numbers 6186-001-005 and 6186-001-006 As set forth above,
the SubJect Property is necessary for the Project, and the replacement park cannot be
completed in the manner required by law without the acquisition of the SubJect Property
and Inclusion of the same in the ProJect
The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Sublect Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtained and approved a fair
market value apprmsal of the Subject Property, set just compensatmn in accordance with
the approved appraisal and extended a written offer on July 11, 2005, to the owners of
record of the Subject Property, Reyes and Maria J Vasquez A true and correct copy of
the offer letter is on file with the Development Services Department of the City of
Lynwood and is incorporated into this report by this reference The owner of the Subject
Property rejected the offer, and the parties have not reached a negotiated purchase at this
time
Conclusion:
Adoption of the Resolution of Necessity will authorize the City Attorney's office and
Staff to take all actions necessary for the City to acquire the SubJect Property so that the
Project may be completed as soon as possible to provide the residents of the City the
open space and recreational oppormmties lost when Ham Park was taken by LUSD
As noted above, this hearing relates only to issues 1, 2, 3, and 4 above. The amount of
just compensation is not an ~ssue before the City Council at this hearing
ADMINISTRATIVE RECORD:
All documents, exhibits, appendices and reports ldentffied in this Staff Report, and all
documents any such items rely upon for their analysis, conclusions and
recommendations, are hereby incorporated by reference and constitute the Administrative
Record of the public hearing on the Resolution of Necessity
The Administrative Record is available for review with the Directors of the Development
Services Department, City of Lynwood.
Fiscal Impact:
Funding is included as part of the Ham Park Replacement ProJect budget.
Coordinated With:
City Manager's Office
F~nance Department
City Attorney's Office
Development Services Department
7
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK
Section 1. The City of Lynwood ts a municipal corporation in the Qounty of
Los Angeles, State of California
Section 2. The real property (the "Subject Property") described in section 3 of
this Resolution is to be taken for a public use, namely to provide land for the
construction of a replacement park for John Ham Memorial Park ("Ham Park"), and all
uses necessary and convenient thereto, pursuant to the authority conferred upon the
City of Lynwood to acquire property by eminent dommn by California Constitution
Article 1, Section 19, California Government Code Sections 37350, 37350 5, 37351,
40401 and 40404, and California Code of ClVd Procedure Section 1230 010 et seq,
including but not lnmted to Sections 1240 010 through 1240 050, 1240.110, 1240 120,
1240 410, 1240.510, 1240.610, 1240 650, and other provisions of law.
Section 3. The real property interest sought to be taken is a fee simple interest
for the assembling of sufficient land (all parcels required constitute the "Site") to
construct a replacement park for Ham Park on the property located at the Site (the
"Project") The Subject Property is generally known as 12017 Atlantic Avenue
Lynwood, California 90262, Los Angeles County Assessor's Parcel Numbers 6186-
001-005 and 6186~001-006. The legal description of the SubJect Property is attached as
Exhibit "A" to th~s Resolutmn and the Subject Property ~s depicted on the diagram
attached as Exhibit "B" to this Resolution Smd exhibits are incorporated herein by this
reference The SubJect Property is required for the construction of the replacement
park, which use is a pubhc use and said use is a public function of the City of
Lynwood
Section 4. The acquisition of the SubJect Property is required to carry oat and
make effective the principal purpose of the Project A general description of the Project
is set forth in the Staff Report dated March 21, 2006, and the evidence, reports, and
documents cited in that Staff Report are all incorporated herein by this reference, and
Section 5. In terms of the potential environmental impacts, the City of
Lynwood prepared an Environmental Impact Report ("EIR") dated January 2005. The
EIR was the subject of a public hearing on February 1, 2005 for whach notice of a
public hearing was published on December 30, 2004 The City Council of the City of
Lynwood approved the EIR at said hearing Construction of the Prolect will be carried
out in compliance with the findings and determination set out in the EIR.
Section 6. The City of Lynwood C~ty Council hereby FINDS, DETERMINES,
DECLARES, ORDERS AND RESOLVES as follows
A The Pubhc Interest and Necessity Reqmre the Project Because the C~ty Seeks to Acqmre
the Sublect Property for A Pubhc Purpose
As set out in the Executive Summary of the Staff Report, the City seeks to acquire the SubJect
Property for a pubhc purpose The Subject Property ~s part of the S~te reqmred for the
construction of a replacement park for Ham Park. The C~ty intends to construct a park in the
apprommately 10 acres that make up the S~te and of which the Subject Property is a part, such
use of the S~te and SubJect property Is a pubhc use, and in connection therewith the C~ty must
acquire the SubJect Property Smd pubhc use ~s a governmental function of the C~ty of Lynwood
The City is obhgated to construct the park because Ham Park was taken by the Lynwood Umfied
School D~stnct for the construction of a new h~gh school With the loss of Ham Park the City,
which was already underserved by parks and open spaces, cannot meet ~ts respons~biht~es to
residents for open space and recreational factht~es.
B The Proiect ~s Plalmed or Located in the Manner that will be Compatible with the
Greatest Pubhc Good and Least Private Inlurv
The SubJect Property is necessary for the construction of the replacement park for Han~ Park
The Subject Property, on Atlantic Avenue Between Agnes Street and Lav~nia Avenue, is part of
the Site necessary to complete the replacement park and to ensure that the acreage lost by the
acqms~t~on of Ham Park ~s replaced as reqmred by the Public Park Preservation Act Cal Pub
Res Code Sec. 5407 1 The City conducted a number of studies to determine the location for the
replacement park The C~ty's search was hm~ted in light of the prowsions of the Public Park
Preservation Act of 1971 which mandates that parks be replaced w~thxn the area that will serve
the same population as the prewous park served Th~s legal mandate, the hmlted surface area of
the City and the already existing pubhc s~tes such as schools and other s~milar uses, hmited the
possible location of the replacement park The selectmn of the Site for the Project is believed to
cause the least amount of private xnjm'y ~n that the City will be able to use other pubhc lands, the
public right-of-way such as streets and intrude ~n the least possible amount into the neighborhood
~ntended to be served by the replacement park
C. The Sublect Property Described in the Resolution of Necessity is Necessary for the
Project
The proposed action consists of the acqms~t~on of the fee simple xnterest ~n the property located
at 12017 Atlantic Avenue Lynwood, Cahforma 90262, identified as Los Angeles County
Assessor's Parcel Numbers 6186-001-005 and 6186-001-006. As set forth above, the SubJect
Property is necessary for the Project, and the replacement park cannot be completed ~n the
manner reqmred by law without the acqms~tion of the Subject Property and ~ncluslon of the same
in the ProJect
D The C~t¥ Made the Offer Reqmred by Government Code Section 7267 2 to the Owner of
Record of the Property It Seeks to Acqmre
Pursuant to Government Code Section 7267 et seq, the City obtmned and approved a fair market
value appraisal of the Subject Property, set just compensation in accordance with the approved
appraisal and extended a written offer together with the accompanying statement of and
summary of the basis of the amount established asjust compensation, on October 10, 2005, to
the owner of record of the SubJect Property, 12025 and 12017 Atlantic Avenue, Lynwood,
California 90262 Smd offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code Section 7267 2(b) A true
and correct copy of the offer letter is on file in the Development Services Department of the City
of Lynwood and is incorporated into this report by this reference The owner of the Subject
Property rejected the offer, and the parties have not reached a negotiated purchase at this time.
Section 7. The City has complied with the notice requirements of Code of Civil
Procedure Section 1245 235
Section 8. The findings and declarations contmned in this Resolution are based on the
record before the City Council on March 21, 2006 when it adopted this Resolution, including the
Staff Report dated March 21, 2006, all documents referenced and incorporated in the Staff
Report, the testimony at the heanng, and the records and documents prepared in connection with
the Project, all of which are incorporated in this Resolution by this reference.
Section 9, The City Council of the City of Lynwood authorizes and directs the City
Attorney's office and Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the real property
interests described in Exhibit "A' attached hereto.
Section 10. This Resolution shall take effect upon adoption
Section 11. The City Clerk shall cemfy the adoption of thru Resolution and shall cause
this Resolution and her certification to be entered in the Book of Resolutions of the City Council
of this City.
PASSED, APPROVED AND ADOPTED this __ day of
.,2006
ATTEST.
Letlcia Vasquez, Mayor
Andrea Hooper, City Clerk
APPROVED AS TO FORM.
APPROVED AS TO CONTENT
J Arnoldo Beltran, City Attorney
N Ennque Martinez, City Manager
Reyes and Maria J Vasquez
11033 Ryerson Avenue
Downey, California 90241
February 22,2006
Re Notice of Hearing Regarding Adoption of a Resolution
of Necessity to Acquire Property by Eminent Domain
[California Code Civil Procedure 1245.235]
Dear Property Owner'
1. Notice of Intent of the City of Lynwood to Adopt a Resolution of Necessity. The City
Council of the City of Lynwood intend to consider the adoption of a Resolution of Necessity on March
21, 2006 that, if adopted, will authorize the C~ty to acqmre the property described hereto by emment
domain for the proposed replacement park for Ham Park
A copy the proposed Resolution of Necessity that will be recommended to the Clty Council for
adoption accompanies thss Notice A description of the property (the "Property") being considered lbr
acquisition is attached to the Resolution of Necessity and marked Exhibit A This property is part of the
larger site for the replacement park dessgnated in Exhibits B
2. Notice of Your Right to Appear and Be Heard. Please take notice that the City Council of
the Csty of Lynwood at a regular meetsng to be held on Tuesday, March 21, 2006 at 5 00 p m, or as
soon thereafter as the matter may be heard at 11330 Bulhs Road, Lynwood, Californm, will hold a
healing on whether such a Resolution of Necesssty should be adopted, as reqmred by Cahforma Code of
Civil Procedure section 1245 220 for the commencement of an emsnent domain proceeding to acquire
real property
You have the right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and ~ssues, and to have the City Council give judmlous consideration to
your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity
a
Whether the public interest and necessity require the proposed pro] ect,
Whether the proposed project IS planned or located in the manner that will be most
compatible with the greatest public good and the least private injury,
Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity ss necessary for the proposed project
Whether the offer required by Government Code section 7267 2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether smd offer and statement/summary
were in a form and contained all of the factual information required by Government Code
Section 7267 2(b) A copy of section 7267 2 in sts entirety ss attached hereto
Whether the City of Lynwood has comphed with all condmons and statutory
requirements necessary to exercise the power of eminent domain (the "right to take") to
acquire the property described heresn, as well as any other matter regarding the right to
take said property by eminent domain, and
f Where the City of Lynwood has statutory authority to acquire the property by eminent
domain
A copy the proposed Resolution of Necessity that will be recommended to the C~ty Councd for
adoption accompanies this Not~ce
Your name appears on the last equalized Los Angeles County assessment roll and as Owner On
our prehm~nary title report) of the property reqarred for the proposed project
The authority of the C~ty of Lynwood to acqarre the property by eminent dommn for the
proposed project ~s conferred upon the city by Callforma Constitution Article 1, Section 19, Cahforma
Govermnent Code Sections 37350, 37350 5, 37351,40401 and 40404, and Cahfornia Code of Ctvd
Procedure Section 1230 010 et seq, including but not hmited to Sections 1 ~40 010 through 1240 050,
1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of law
3. Fadurc to File a Written Request to Be Heard within Fifteen (15) Days After the Notice
Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard,
please be advised that you must file a written request with the clerk of the governing board ~vlthln fifteen
(15) days after this Not~ce was mailed You must file your request to be heard at Office of the C~ty
Clerk, 1 1330 Bulhs Road, Lynwood, California 90262
Should you elect to rnml your request to the clerk of the govermng board, ~t must be actually
received by the clerk for filing within fifteen (15) days after this Notice was marled
The date of mailing appears at the end of thru Not~ce
Cahforn~a Code of Civil Procedure section 1245 235(b)(3) provides that "failure to file a
written request to appear and be heard within fifteen (15) days after the Notice was marled will result
wmver of the right to appear and be heard" on the above matters and issues that are the subject of the
hearing
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount to
be paid for the property will not be considered by the board at this hearing.
lfyou elect not to appear and not be heard, your failure to appear will be a waiver of
your right to later challenge the right of the City of Lynwood to take the property by eminent
domain.
The amount of the compensation to be paid for the acqmslt~on of the property is not a matter or
tssue being heard by the C~ty Council at thrs time Your nonappearance at th~s noticed hearing will not
prevent you from claiming greater compensation, m and as determined by a court of law m accordance
w~th the taws of the State of California This Notice ~s not intended to foreclose future negotiations
between you and the representatives of the City of Lynwood on the amount of compensation to be paid
for your property
If you elect not to appear and not to be heard, you will only be foreclosed from raising ~n a court
of law the ~ssues that are the subject of this noticed hearing and that are concerned with the right to take
the property by eminent domain
If the C~,ty Council elects to adopt the Resolution of Necessity, then within six mon,ths of'the
adoption of the Resolution, the C~ty of Lynwood wall commence eminent dommn proceedings m
Superior Court In that proceeding, the Court wall determine the amount of compensation to which you
are entitled
Dated and Marled On February 22, 2006
C~t¥ of Lynwood
California Government Code § 7267.2: Establishment of Amount of Just Compensation and Offer
Therefore; Statement to Owner
(a) Prior m adopting a resolutmn of necessity pursuant to Section 1245 230 of the Code of Civil
Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish
an amount which it believes to be just compensation therefore, and shall inake an offer to the owner or
owners of record to acquire the property for the full amount so established, unless the owner cannot be
located with reasonable diligence The offer may be conditioned upon the legmlatlve body's ratificatmn
of the offer by execution ora contract of acqmsmon or adoption of a resolution of necesslty or both In
no event shall the amount be less than the public entlty's approved appraisal of the fair market value of
the property Any decrease or increase in the fair market value of real property to be acquired prior to
the date of valuation caused by the public improvement for which the property m acquired, or by the
likelihood that the property would be acquired for the improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining
the compensation for the property
(b) The public entity shall provide the owner of real property to be acquired with a written statement
of, and summary of the basis for, the amount it established as just compensation The written statement
and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not
l~m~ted to, ali of the following information
(I) The date of valuation, highest and best use, and applicable zoning of property
(2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis,
supporting the determination of value
(3) Where appropriate, the just coInpensatlon for the real property acquired and for damages to
remaining real property shall be separately stated and shall include the calculations and narrative
explanation supporting the compensation, ~ncludmg any offsetting benefits
(c) Where the property involved is owner occupied residential property and contains no more than four
residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon
which the offer is based The public entity may, but is not required to, satxsfy the written statement,
summary, and review requirements of this section by providing the owner a copy of the appraisal on
which the offer is based
(d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of
record to acquire real property for less than an amount which it believes to be just compensation
therefore if(l) the real property is offered for sale by the owner at a specified price less than the amount
the public entity believes to be just compensation therefore, (2) the public entity offers a price which is
equal to the specified price for which the property is being offered by the landowner, and (3) no federal
funds are involved in the acquisition, construction, or project development
(e) As used in subdivision (d), "offered for sale" means any of the following
(1) Directly offered by the landowner to the pubhc entity for a specified price in advance of
negotiations by the public entity
(2) Offered for sale to the general pubhc at an advertised or pubhshed, specified price set no more than
slx months prior to and stall avmlable at the t~me the pubhc entity ~mt~ates contact w~th the landowner
regarding the pubhc ent~ty's possible acqms~t~on of the property
EXHIBIT "A"
Legal Description for Subject Property- Assessor's Parcel Numbers 6186-001-005
and 006
The land referred to as the Subject Property is situated in the State of Cahfom~a, County
of Los Angeles and is described as Lots 8 and 9 of Tract 8242 in the City of Lynwood,
Bk 115, Pgs 55 and 56 of Maps, Records of Los Angeles County
Assessor's Parcel Number 6186-001-005 is comprised of Lot 8
Assessor's Parcel Number 6186-001-006 is comprised of Lot 9
EXHIBIT "B'
AGNES STREET
I~VINIA AVENUE
LAVINIA AVENUE
EXHIBIT "B"
m
~m
m
EXHIBIT "B"
I - 10,5
EXHIBIT "B"
m
EXHIBIT "C"
RESOLUTION NO. 2005.012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HAM
PARK REPLACEMENT PRO]ECT CONSISTING OF TEN
(10) ACRES OF LAND INVOLVING APPROXIMATELY
FORTY-ONE (41) PARCELS, BOUNDED ON THE WEST
BY ATLANTIC AVENUE; ON THE EAST BY VIRGINIA
AVENUE; ON THE NORTH BY THE 1-105 (CENTURY)
FREEWAY; AND ON THE SOUTH BY PARCELS
LOCATED MID-BLOCK BETWEEN L~VINIA AVENUE
AND CLARK AVENUE. IN ADDITION, THE PARK
WOULD INCLUDE A SMALL AREA BORDERED BY A
ATLANTIC AVENUE TO THE EAST; THE ALLEY OFF
ATLANTIC AVENUE TO THE WEST; AGNES AVENUE TO
THE NORTH; AND LAVINIA AVENUE TO THE SOUTH.
THE PROJECT WOULD INCLUDE ACQUIRING AND
DEMOLISHING A WIDE VARIETY OF LAND USES
INCLUDING SINGLE-FAMILY AND MULTI-FAMILY
RESIDENCES, OFFICES, A CHURCH, RETAIL STORES,
MOTELS, RESTAURANTS AND BILLBOARDS. THE
NEW PARK WOULD INCLUDE A SOCCER FIELD, A
BASEBALL FIELD, AN APPROXIMATE 5,000 SQUARE
FOOT COMMUNITY BUILDING, PICNIC TABLES WITH
SHELTERS, WALKING/BIKING TRAILS, TOT LOT AND
THREE (3) SURFACE PARKING LOTS PROVIDING
APPROXIMATELY ~.95 PARKING SPACES. THE NEW
PARK IS LOCATED IN THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEtZEAS, the Planning Commission of the C~ty of Lynwood pursuant to
law conducted a pubhc hearing on ]anuary 11, 2005 and approved the F~nal
Enwronmental Impact Report for the Ham Park Replacement Project, and
WHEREAS, the Lynwood C~ty Council has carefully corls~dered all oral and
written testimony offered at the pubhc heanng, and
WHEREAS, the Lynwood C~ty Council has determined that the park
replacement project may have a s~gnificant ~mpacts on the environment Specifically,
the project could result ~n ~mpacts on Population and Housing, A~r Quality, No~se,
Water and Hydrology, Public Services and Utd~t~es, Wsual C~uahty/AesthetJcs, and
Human Health and Hazardous Materials Mlbgat~on measures were recommended Jn
the Draft Enwronmental Impact Report and would be ~ncluded as part of the proposed
project The iI~cJuslon of the recommended mitigation measures would reduce pro]ecL
related impacts to below a level of s~gnlficance, and
WHEREAS, the Lynwood C~ty Council has determined that the Ham Park
Replacement Project Js consistent with the Open Space Land Use Map designation and
consistent w~th goals and pohc~es set forth ~n the Lynwood General Plan Land Use
Element and Open Space and Conservation Element
EXHIBIT "C'
Section 1 The City Council of the City of Lynwood hereby finds and
determines as follows
A
The environmental review and documentation contained in the Final
Environmental Impact Report satisfies all requirements set forth in the
California Environmental Quality Act (CEQA) gu~dehnes
B
The park replacement project is consistent with the apphcable goals and
pohoes of the Lynwood General Plan Land Use Element and the Open
Space and Conservation Element
C
Proper and reasonable prows~ons are available for adequate parking,
ingress and egress to the park
D
Proper and adequate provisions are available for all public utilities and
public services
E
M~t~gat~on measures ~n the F~nal Enwronmental Impact Repor~ would
reduce potenbal ~mpacts to levels of insignificance
Section 2 The C~ty Council of the City of Lynwood, based upon the findings
~denbfied above, hereby certifies the F~nal Environmental Impact Report for the Ham
Park Replacement Project
CERTIFTEI:), APPROVED and Al)OPTED at a regular meeting of the City
Councd held on the 1St day of February, 2005
' -~/ RAMON RODT~IGUEZ, Mayor City of Lynwood
APPROVED AS TO CONTENT
ANDREA L HOOPER, C~ty Clerk
C~ty of Lynwood
APPROVED AS TO FORM
m C~ty I'~nager
C~ty of Lynwood
APPROVED AS TO FORM
RNOLDO BELTP~,N, City Attorney
~ty of Lynwood
GRANT TAYLO ,~lrector
Development Services Department
EXHIBIT "C"
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the Ist day of February, 2005
AYES
NOES NONE
ABSTAIN NONE
ABSENT NONE
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODR1GUEZ
City Clerk, City of Lynwood
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk of the Oty of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No 2005.012 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated
Dated th~s ]st day of February
, 2005
City Clerk, City of Lynwood
Not~cc of Detel minatmn
EXHIBIT "D'
To /X/
From
Subject
County Clerk -
County of Los Angeles
Envu oranental Filings
12400 East hnpenal Highway, # 1101
Nmwval¢, CA 90650
City of Lynwood
Development Servmes Department
11330 Bulhs Road
FILED
L~wood, CA 90262 ~ ,,, t
Fdmg of Not~ce of Deternmmtaon m Compllafi'~e w~th Sect~o~ 21108 or 21152 of the Pubhc Resources
Code
Ham Park Replacement Prolect
ProJect Title
SCH 2004061141
State Cleanngh`ouse Number
(If submitted to Clear~nghouse)
Grant Taylor
Dead Agency
Contact Person
_ (310) 603-0220 ext 326
Area Code/Telephone
Project Location The site for the proposed park replacement project
is located at the southeastern section of the City of Lynwood, just
south, of the Century Freeway (Interstate 105 or 1-105) Th`e site
consists of approximately 10 acres, bounded on the east by Vn'gtma
Avenue, on the north by the Century Freeway, on the south by
parcels located lind-block betweea Lavmla Avenue and Clark Street,
and on the west by Atlantic Avenue In addmon, the park would
include a small area bordered by Atlantic Avenue to the east, the
alley off Atlantic to the west, Agnes Avenue to the north, and
Lavtraa Avenue to the south ~tte project site is currently developed
with a ,,vide variety of land uses, including single-family and multi-
farmly residences, offices, a church, mtafl stores, motels, restamants,
and bdlboards
ProJect Description The proposed project involves the construction
of a new park to replace John Ham Memorial Park, ~vinch was
previously located at southwest corner of Marbn Luther King, Jr
Boulevard and Wright Road The former park site h`as been acqmred
by the Lynwood Unified School District for construction of a newI V~cmityMap
Ingh school The City ~s planning a replacement park and is
proposing the acqmsmon and redevelopment of 10 acres of land (involving apprexnnately 4 l parcels) for the park
replacement Facthtles at the new park would include a soccer field, a baseball field, an approxmaately 5,000-square-
foot Cormnumty Bml&ng, p~cmc tables w~th shelters, wallong/blkmg trails, tot lot, and three surface parking lots with
approximately 195 parking spaces The portion of the park that would be located on the west szde of Atlantic Avenue
is anticipated to be used as a tot lot and parking alea In order to accommodate this project, the City would need to
acquire the affected parcels, demohsh existing structures, vacate of the public rights-of-way for the segnmnts of
Josephine Street and Lavlnla Avenue between Atlantic Avenue and Vlrgtma Avenue, and construct the proposed
facilities
05 001 372
EXHIBIT "D"
EXHIBIT "D"
l'hts ts to advme that the l~y_nwood Cite Com~ctl appioved the above<lesctabed ploject on
/X/Lead Agency / / Responsible Agency
Februm~/1, 2005_and has made the following detenmaatlol~s regmdmg the above dcscnbcd p~oject
/X/The project will have a sigmficaut effect on the enviromnent
2 /X/An Enviroitmental hnpact Report was prepared for this project pursuant to the provisions of
CEQ^
//A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
3 /X/ Mitigation measures were made a condition of the approval of the project
4 //A Statement of Ovemdlng Considerations was adopted for this project
5 /X/ Findings were made pursuant to the provisions of CEQA
Tins is to certify that lhe Final and DraPt EIR, with conm'~ents and responses, and lhe records of project approval are
available to the General Public at
C~ty of Lynwood
Development Services Department
11330 Bulbs Road
Lynwood, CA 90262
Slguature (Publ, ff: Agency)
2//~/0-J'~ Director of Development Services
Date T~tle
EXHIB]'T "D"
CEI~,TIFICA 1 E OF FEE EXEglPI ION
Dc Mmm~ts bnpact Finding
Prolect Title/Location (include County)
Ham Park Replacement ProJect
C~ty of LjoIwood, County of Los Angeles, Cahfonna 90262
Name and Address of ProJect Apphcant
City of Lyn;vood
Development Services Deparm~ent
11330 Bulhs Road
Lynwood, CA 90262
ProJect Description qbe proposed project involves the constmctlon ofa uew park to replace John Ham Memorial
Park, which was previously located at southwest comer of Martin Luther King, Jr Boulevard and Wright Road
The former park site has been acqmred by the Lynwood Unified School District for construction of a new high
school The C~ty is planmng a Ieplacement park and ~s proposing the acqulsmon and redevelopment of 10 acres of
land (Involving approx~Inately 41 parcels that are currently developed with venous residential and commercial
uses) for the park replaceinent Factht~es at the ne~v park would ~nclude a soccer field, a baseball field, an
approximately 5,000-square-foot Community Building, p~calc tables w~tb shelters, walking/biking trails, tot lot,
and three surface parking lots with approximately 195 palk~ng spaces The polt~on of the park that would be
located on the west side of Atlantic Avenue Is anticipated to be used as a tot lot and parking area In order to
accommodate this project, the City would need to acquire the affected parcels, demohsh existing structures, vacate
of the pubhc rights-of-way for the segments of Josephine Street and Lavmla Avenue between Atlantic Avenue and
V~rglma Avenue, and construct the proposed facilities
Findings of Exemption,
An Environmental Impact Report (EIR) has been prepared by the Lead Agency to evaluate the project's
effects on wildlife resources, ff any
2 The Lead Agency hereby finds that there is no evidence before the City that the project will have any
potential for adverse effect on the environment, with the implementation of mitigation measures
3 The project site is highly nrbamzed and the project will not result in any changes to the following
resources
(A) Riparian land, nvem, streams, watercoumes and wetlands,
(B) Native and non-native plant hfe and the soil required to sustain habitat for fish and wddhfe,
(C) Rare and unique plant life and ecological communities dependant on plant life,
(D) Listed threatened and endangered plants and ammals and the habitat in which they am beheved to
reside,
(E) All species listed as protected or ~dentlfied for special management in the Fish and Game Code, the
Public Resources Code, the Water Code or regulations adopted thereunder,
(F) Ail manne and terresmal species subject to the junsthctlon of the Department of F~sh ,and Game
and the ecological cormnumttes in which they reside, and
(G) All air and water resources, the degradation of which will individually or cumulatively result in a
loss of biological diversity among the plants and animals residing in that mr and water
CERTIFICATION
I hereby certify that the City of Lynwood, Development Services Department, as the Lead Agency, has made
the above finding(s) of fact and based upon the EIR and the heanng record, the project ,,wll not individually or
cumulabvely have an adverse effect on wildlife resources, as defined in Section 711 2 of the Fish and Game Code
I2e'~d Agency Repre~tatlve- G~ant Taylor 0 t.~ (} ~'~ ][ $ 7 ~
T~tle Director of Development Services
Lead Agency C~ty of Lynwood, Development Serv'mes Dept Date February 1, 2005
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21, 2006
Honorable Mayor & City Council Members
N Ennque Marbnez, City Manager
Grant Taylor, D~rector of Development Services
J Arnoldo Beltran, C~ty Attorney
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF THW REAL
PROPERTY IDENTIFIED AS APN 6186-001-004, LOCATED AT 12025
ATLANTIC AVENUE LYNWOOD, CALIFORNIA 90262, IN CONNECTION
WITH THE DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK WHICH WAS ACQUIRED BY LYNWOOD UNIFIED
SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE MARCO ANTONIO
FIREBAUGH HIGH SCHOOL
Recommendations:
2
Open and conduct a public heanng on the adoptton of the proposed Resolution of
Necessity, receive from Staff the evidence stated and referred to In this report,
take testimony from any person wishing to be heard on the matter
If the City Council finds, based upon the evidence contained in and referred to in
this report and the testimony and comments received during the public hearing,
that the evidence supports the necessary findings with respect to the Resolution of
Necessity, then the staff recommends that the City Council, in the exercise of its
discretion, adopt the proposed Resolution entitled, "A RESOLUTION OF
NECESSITY OF THE CITY OF LYNWOOD, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, IN CONNECTION WITH THE
DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK", and authorize City Staff and the City Attorney's office to
take all necessary steps to file and prosecute an eminent domain proceeding to
acquire the fee simple interest in the real property commonly known as 12025
Atlantic Avenue, Lynwood, California 90262 (referred to hereinafter as the
"SubJect Property") The SubJect Property is included in Los Angeles County
Assessor' s Parcel Nmnber 6186-001-004, which Assessor' s Parcel Number
consists of Lots 4, 5, 6, and 7 The SubJect Property is Lots 5, 6, and 7 of smd
Assessor's Parcel Number The SubJect Property is more fully described in the
legal description attached as Exhibit "A" to the Resolution of Necessity and
-A~ENDA
ITEM
I0
depicted on the site maps attached as Exhibits "B" to the Resolution of Necesstty
Exhibits "A" and "13" are incorporated herein by this reference
Executive Summary:
The project ("Project') ~nvolves the construction of a new park to replace John Ham
Memorial Park ("Ham Park"), which was prewously located at the southwest comer of
Martin Luther K~ng, Jr Boulevard and Wright Road The former park site was acquired
by the Lynwood Unified School District for construction of a new h~gh school. The C~ty
is planning a replacement park and ~s proposing the acquisition and development of 10
acres of land 0nvolving approximately 44 parcels) (all parcels jointly referred to as the
"S~te") for the ProJect Facilities at the new park would include a soccer field, a baseball
f~eld, an approximately 5,000-square-foot Community Building, p~cnic tables with
shelters, walk~ngPmking trails, tot lot, and three surface parking lots with approximately
195 parking spaces The portion of the park that would be located on the west s~de of
Atlantic Avenue is anticipated to be used as a tot lot and parking area In order to
accommodate the Project, the City needs to acquire the affected parcels, demolish
existing structures, vacate the public rights-of-way for the segments of Josephine Street
and Lavinia Avenue between Atlantic Avenue and Virginia Avenue, and construct the
proposed facilities.
The City lost Ham Park nearly three years ago to the Lynwood Unified School District
("LUSD") LUSD acqmred the property by way of a three party agreement with the City
and the County of Los Angeles as the other two parties. As part of the acqmsitlon
process, the California State Allocation Board made avmlable to the City a hm~ted
amount of funds that were to serve for the acquisition of replacement property for the
construction of the ProJect The SubJect Property ~s part of the Site and its acquisition is
sought for pubhc purposes, namely the construction of the new park, and all uses
necessary or convenient to the operation of the replacement park for smd purposes,
pursuant to Cahfomia Constitution Article 1, Section 19, Cahfomia Government Code
Sections 37350, 37350 5, 37351, 40401 and 40404, and Cahfomia Code of Civil
Procedure Section 1230.010 et seq, including but not limited to Sections 1240 010
through 1240 050, 1240.110, 1240.120, 1240.410, 1240.510, 1240.610, 1240.650, and
other provisions of law.
As explmned more fully below in the Background section, the ProJect constitutes an
effort by the C~ty to replace park and open space for the Lynwood residents.
Construction of the replacement park wdl enable the City to once again offer additional
programs at the new park and permit the residents of Lynwood to enjoy 10 acres of open
space for a multitude of recreational act~mt~es.
The legal description of the SubJect Property ~s attached as Exhibit "A" to the Resolution
of Necessity and depicted on Exhibit "B" to the Resolutmn of Necessity. The proposed
Resolution of Necessity, together with Exhibits ~'A" and "B," are attached to this Staff
Report, and are ~ncorporated herein by th~s reference The public heanng on the
proposed Resolution of Necessity has been duly noticed
2
The City has extended an offer pursuant to the requirements of Government Code Section
7267 2 et seq. to the owner of record of the SubJect Property, but the owner has rejected
the City's mmal offer Negotiations are ongoing, but no negotiated sale has been
reached. Based on the legal mandate under the Public Park Preservation Act of 1971 and
the urgent need for park and open space in the City (the City of Lynwood was already
short of the required open and park space for its residents prior to the loss of Ham Park.
Nearly three years have now elapsed since the loss of the 10 acres of open and park space
that made up Ham Park), it is necessary that the City Council consider at this time the
adoption of the Resolution of Necessity for the acquisition of the Subject Property by
eminent dommn In order to adopt the Resolutmn of Necessity the City Council must
find and determine that'
1
2.
3.
4
The public interest and necessity require the Project.
The Project ~s planned or located ~n the manner that will be compatible with
the greatest public good and least private injury
The Subj.ect Property described in the Resolution of Necessity is necessary for
the Project.
The City has made the offer reqmred by Government Code Section 7267 2 to
the owner of record of the Subject Property
This hearing relates to issues 1, 2, 3, and 4 above The amount of just compensation is
not an issue before the City Council at this hearing
Background:
The City of Lynwood contains approximately 4 9 square miles of surface area Based on
State of California guidelines, the City is deficient in open spaces and parks
Notwithstanding this shortage of open spaces, on September 2, 2003, the City entered
into negotiations with the LUSD and the County of Los Angeles for the LUSD to acquire
Ham Park for the construction of a high school As part of the negotiations the parties
entered into a three party agreement which resulted in the City and County of Los
Angeles being recipients of funding provided by the State of California State Allocation
Board for the acquisition of replacement property for Ham Park and construction of the
new park.
The loss of Ham Park resulted in the City discontinuing a multitude of programs offered
to residents of all ages at the former park This public function continues to go unmet in
large part until the replacement park can be operational
Based on the legal reqmrements of the Pubhc Park Preservation Act of 1971 and the
obligations of the C~ty to the County of Los Angeles (Ham Park was, at one t~me, a
County of Los Angeles park and the County's consent was required before the City could
transfer Han~ Park to LUSD), the City worked on the relocation of Ham Park for many
months before settling on the S~te Once a site was identified, the City retained the
services of a consultant to assist with the preparation of an environmental impact report
and a second consultant to manage the acquisition and relocation eflbrt at the Site
Subsequent to the completion of an Environmental Impact Report and approval of the
same, the City began its acquisition process of the property at the Site. To date, the
3
efforts of the City have resulted in the acqms~tlon of 26 properties where escrow has
closed, 13 properties In escrow pending closing of same, and 5 properties on which no
agreement has been reached and which will be the subject of consideration of resoluUons
of necessity by the Council
Discussion & Analysis:
Description of the Proposed Prolect
The Project constitutes the City's effort to comply w~th Cahforma law and the terms and
conditions of a three party agreement entered ~nto with the LUSD and the County of Los
Angeles for the replacement of Ham Park. Under the terms of the Public Park
Preservation Act of 1971, the City has an obligation to replace Ham Park Moreover, the
obligation to do so must meet specific and stnngent requirements such that the
replacement park must be located ~n an area designed to serve generally the same persons
with land of comparable characteristics and of substantially the same size served by the
former Ham Park This requirement made ~t imperative for the City to identify suitable
property m the immediate neighborhood of the former Ham Park.
The ProJect consists of the acquisition of approximately 10 acres of real property
currently devoted to residential, commercial and other uses ~ncluding pubhc rights of way
for the construction of the replacement park The Executive Summary, above, prowdes a
detailed review of the Project.
Environmental Review Process and Analys~s
As part of environmental review process for the Project, the C~ty of Lynwood determined
that the proposed Ham Park Replacement Project would hkely have significant adverse
enwronmental effects The analysis indicated that the proposed project could result m
significant adverse effects on a number of areas and an EIR would have to be prepared
In accordance w~th the California Environmental Quality Act ("CEQA"), the City of
Lynwood c~rculated a Notice of Preparation ("NOP") of a Draft Enwronmental Impact
Report ("EIW') on June 23, 2004 (found in Appendix A to the draft EIR), to inform other
agenqies, special districts, surrounding cities, and other mdiwduals that the City intended
to prepare an EIR for the proposed project The purpose of the NOP was to sohcit
gmdance from various agencies regarding the scope and content of the enwroumental
mformaUo~ to be included in the final EIR Agenmes and individuals receiwng copras of
the NOP had 30 days to respond. Concerns rinsed in the responses to the NOP are
presented in letters provided as Appendix B to the final EIR and have been addressed in
the final E1R A Scop~ng Meeting was held on July 15, 2004 to discuss the project and
the enwronmental review process and to solicit comments on the enwronmental analys~s
to be ~ncluded ~n the final EIR The written comments received at the Scoping Meeting
are provided in the draft EIR.
The final EIR was presented to the Lynwood City Council at a duly noticed public
heanng on February 1, 2005 and the same was approved by a 5-0 vote of the C~ty
4
Council C~ty Council Resolution 2005 012 cemfylng the Final Environmental Impact
Report and the Notice of Determlnat~on filed with Los Angeles County Clerk are
attached hereto as Exhibits "C" and "D" and are incorporated herein by this reference
Actions of City Pursuant to Government Code Section 7267 et seck
Pursuant to Government Code Section 7267 et seq., the City of Lynwood obtained a fmr
market appraisal on the Subject Property, set just compensation in accordance therewith
and extended a written offer letter on October 20, 2005, to Fortunata L Gonzalez, the
owner of record of the Subject Property together voth the accompanying statement and
summary of the basis for the amount established as just compensation. A true and correct
copy of the offer letter ~s on file in the Development Services Department of the C~ty of
Lynwood and is incorporated in this Staff Report by tlus reference That offer was
rejected by Fortunata L. Gor~zalez, and to date, no negotiated purchase has been
consummated. The need to complete the Project and the schedule for the same require
that the City Council consider the proposed Resolution of Necessity at this time
Necessary Findings for Adoption of Resolution of Necessity
To adopt the proposed Resolution of Necessity, the City Council must find and determine
that.
1 The public interest and necessity require the Project
2 The ProJect is planned or located ~n the manner that will be compatible wuth the
greatest pubhc good and least private injury
3. The Subject Property described in the Resolution of Necessity is necessary for the
Project.
4. The City has made the offer reqmred by Government Code Section 7267 2 to the
owner of record of the Subject property
The Public Interest and Necessity Require the Proiect
As set out in the Executive Stmanary above, the City seeks to acquire the SubJect
Property for a public purpose The Subject Property is part of the land area required for
the construction ora replacement park for Ham Park The City intends to construct a
park in the approximately 10 acres of which the Subject Property is a part, a public use,
and in connection therewith acqmm interests in certain real property Smd public use is a
governmental function of the City of Lynwood The City is obhgated to construct the
park because Ham Park was taken by the Lynwood Unified School District for the
construction of a new high school. With the loss of Ham Park the City, wluch was
already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facilities as well as its legal obligations under
the Pubhc Park Preservation Act of 1971
More particularly, the C~ty of Lynwood proposes construction of the replacement park to
meet the following pubhc purposes-
To provide needed park space in the City, as identified In the Lynwood
General Plan,
To provide active and passive recreation opportunities for the residents of
Lynwood,
· To provide a replacement park of comparable size and active and passive
recreational amenities of the original Ham Park, and
· To encourage the economic and physical redevelopment and revitalization
of the surrounding project area and the community as a whole.
The Project is Planned or Located m the Manner that will be Compatible with the
Greatest Public Good and Least Private Injury
The Subject Property is necessary for the construction of the replacement park for Ham
Park The SubJect Property, on Atlantic Avenue between Agnes Street and Lavmia
Avenue, is part of the Site necessary to complete the replacement park and to ensure that
the acreage lost by acquisition of Ham Park is replaced as required by The Public Park
Preservation Act. Cal Pub Res Code Sec 5407 1 The City conducted a number of
studies to determine the location for the replacement park The City's search was limited
in light of the provisions of The Public Park Preservation Act of 1971 which mandates
that parks be replaced wtthln the area that will serve the same population as the previous
park served This legal mandate, the limited surface area of the City and the already
existing public sites such as schools and other similar uses, limited the possible location
of the replacement park. The selection of the site for the Project is believed to cause the
least amount of private injury in that the city will be able to use other public lands, the
public right of way such as streets and intrude in the least possible amount into the
neighborhood intended to be served by the replacement park
The Subject Property Described in the Resolution of Necessity is Necessary for the
Proiect
The proposed action consists of the acquisition of the fee simple interest in the property
located at 12025 Atlantic Avenue, Lynwood, Cahfomia 90262 The Subject Property is
included in Los Angeles County Assessor's Parcel Number 6186-001-004, which
Assessor's Parcel Number consists of Lots 4, 5, 6, and 7. The Subject Property is Lots 5,
6, and 7 of said Assessor's Parcel Number. As set forth above, the Subject Property is
necessary for the ProJect, ~and the replacement park cannot be completed in the manner
required by law without the acquisition of the Subject Property and inclusion of the same
in the ProJect
The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Subject Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtmned and approved a fair
market value appraisal of the Subject Property, set just compensation in accordance with
the approved appraisal and extended a written offer on October 20, 2005, to the owner of
record of the SubJect Property, Fortunata L. Gmzzalez A tree and correct copy of the
offer letter is on file with the Development Services Department of the City of Lynwood
6
and is incorporated into this report by this reference The owner of the Subject Property
rejected the offer, and the parties have not reached a negotiated purchase at this time
Conclusion:
Adoption of the Resolution of Necessity will authorize the City Attorney's office and
Staff to take all actions necessary for the City to acquire the SubJect Property so that thc
Project may be completed as soon as possible to provide the residents of the City the
open space and recreational opportunities lost when Ham Park was taken by LUSD
As noted above, this hearing relates only to issues 1, 2, 3, and 4 above. The amount of
just compensation is not an issue before the City Council at flus hearing
ADMINISTRATIVE RECORD:
All documents, exhibits, appendices and reports identified in this Staff Report, and all
documents any such items rely upon for their analysis, conclusions and
recommendations, are hereby incorporated by reference and constitute the Administrative
Record of the public hearing on the Resolution of Necessity
The Administrative Record is available for review with the Directors of the Development
Services Department, City of Lynwood.
Fiscal Impact:
Funding is included as part of the Ham Park Replacement budget
Coordinated With:
City Manager's Office
Finance Department
City Attorney's Office
Development Services Department
7
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK
Section 1. The City of Lynwood is a mumclpal corporation m the County of
Los Angeles, State of California
Section 2. The real property (the "SubJect Property") described in section 3 of this
Resolution m to be taken for a public use, namely to provide land for the construction of a
replacement park for John Ham Memorial Park ("Ham Park"), and all uses necessary and
convenient thereto, pursuant to the authority conferred upon the City of Lynwood to acquire
property by eminent dommn by California Constitution Article 1, Section 19, California
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and Cahfomla Code of
Civil Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010 through
1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of
law
Section 3. The real property interest sought to be taken is a fee sm~ple interest
for the assembling of sufficient land (all parcels required constitute the "Site") to
construct a replacement park for Ham Park on the property located at the Site (the
"ProJect") The SubJect Property is generally known as 12025 Atlantic Avenue,
Lynwood, California 90262 The SubJect Property is included in Los Angeles County
Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number consists of
Lots 4, 5, 6, and 7 The Subject Property is Lots 5, 6, and 7 of said Assessor's Parcel
Number. The legal description of the SubJect Property is attached as Exhibit "A" to
this Resolution and the Subject Property is depicted on the diagrams attached as
Exhibits "B" to this Resolution Said exhibits are incorporated herein by this reference
The Subject Property is required for the construction of the replacement park, which
use is a public use and said use is a public function of the City of Lynwood
Section 4. The acquisition of the Subject Property is required to carry out and
make effective the principal purpose of the Project A general description of the ProJect
is set forth m the Staff Report dated March 21. 2006, and the evidence, reports, and
documents cited in that Staff Report are all incorporated herein by this reference, and
Section 5. In terms of the potential environmental impacts, the City of
Lynwood prepared an Enwronmental Impact Report ("EIR") dated January 2005. The
EIR was the subject of a public hearing on February 1, 2005 for which notice of a
public hearing was published on December 30, 2004. The City Council of the City of
Lynwood approved the EIR at said hearing Construction of the ProJect will be carried
out in compliance with the findings and deternrmatlon set out in the EIR
Section 6. The City of Lynwood C~ty Council hereby FINDS, DETERMINES,
DECLARES, ORDERS AND RESOLVES as follows
A The Public Interest and Necessity Require the Prolect Because the City Seeks to Acquire
the Sublect Property for A Public Purpose
As set out in the Executive Summary of the Staff Report, the City seeks to acquire the SubJect
Property for a pubhc purpose The Subject Property is part of the Site required for the
construction of a replacement park for Ham Park The City intends to construct a park in the
approximately 10 acres that make up the Site and of which the SubJect Property IS a part, such
use of the Site and SubJect property is a public use, and in connection therewith the City must
acqmre the Subject Property Said public use is a governmental function of the City of Lynwood
The City is obligated to construct the park because Ham Park was taken by the Lynwood Umfied
School District for the construction of a new high school With the loss of Ham Park the City,
which was already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facihtles
B The Prolect IS Planned or Located in the Manner that will be Comp_atlble with the
Greatest Public Good and Least Private Iniury
The SubJect Property is necessary for the construction of the replacement park for Ham Park
The SubJect Property, on Atlantic Avenue Between Agnes Street and Lavnna Avenue, is part of
the Site necessary to complete the replacement park and to ensure that the acreage lost by
acquisition of Ham Park is replaced as required by The Public Park Preservation Act Cal Pub
Res Code Section 5407 1 The City conducted a number of studies to determine the location for
the replacement park The City's search was limited in light of the provlsmns of the Pubhc Park
Preservation Act of 1971 which mandates that parks be replaced within the area that will serve
the same population as the previous park served This legal mandate, the limited surface area of
the City and the already existing public sites such as schools and other similar uses, limited the
possible location of the replacement park The selection of the Site for the ProJect is beheved to
cause the least amount of private InJury in that the City will be able to use other public lands, the
public right-of-way such as streets and intrude in the least possible amount into the neighborhood
intended to be served by the replacement park
C The Sublect Property Described in the Resolution of Necessity IS Necessary for the
Prolec_t
The proposed action consmts of the acqmsltion of the fee simple mterest in the property located
at 12025 Atlantic Avenue, Lynwood, California 90262 The SubJect Property is included in Los
Angeles County Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number
consists of Lots 4, 5, 6, and 7 The SubJect Property is Lots 5, 6, and 7 As set forth above, the
SubJeCt Property is necessary for the ProJect, and the replacement park cannot be completed in
the manner required by law without the acquisition of the SubJect Property and inclusion of the
same in the ProJect
D The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtained and approved a fair market
value appraisal of the SubJect Property. set just compensation in accordance with the approved
apprmsal and extended a written offer together with the accompanying statement of and
summary of the basis of the amotmt established as just compensation, on October 11, 2005, to
the owner of record of the SubJect Property, 12025 Atlantic Avenue, Lynwood, Cahfomla
90262 Said offer and accompanying statement/summary were in a form and contained all of the
factual disclosures provided by Government Code Section 7267 2(b) A true and correct copy of
the offer letter is on file in the Development Services Department of the City of Lynwood and is
incorporated into this report by this reference The owner of the SubJect Property rejected the
offer, and the parties have not reached a negotiated purchase at this time
Section 7 The City has comphed with the notlce reqmrements of Code of Civil
Procedure Section 1245 235
Section 8. The findings and declarations contained in this Resolution are based on the
record before the City Council on March 21, 2006 when it adopted this Resolution, including the
Staff Report dated March 21, 2006, all documents referenced and incorporated in the Staff
Report, the testimony at the hearing, and the records and documents prepared in cormectlon with
the ProJect, all of which are incorporated in this Resolution by thru reference
Section 9 The City Council of the City of Lynwood authorizes and directs the City
Attorney's office and Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jur~sdmtlon to acquire by eminent domain the real property
interests described in Exhibit "A" attached hereto
Section 10. This Resolution shall take effect upon adoption.
Section 11. The City Clerk shall certify the adoption of this Resolution and shall cause
this Resolution and her certification to be entered in the Book of Resolutions of the City Council
of this City.
PASSED, APPROVED AND ADOPTED th~s day of
.... 2006
ATTEST
Letmla Vasquez;Mayor
Andrea Hooper, City Clerk
APPROVED AS TO FORM
J Amoldo Beltran, City Attorney
APPROVED AS TO CONTENT
N. Ennque Martmez, City Manager
Fortunata L Gonzalcs
7160 De Palma Street
Downey, California 90241
February 22,2006
Re: Notice of Hearing Regarding Adoption of a Resolution
of Necessity to Acquire Property by Eminent Domain
[California Code Civil Procedure 1245 235]
Dear Property Owner
1. Notice of Intent of the City of Lynwood to Adopt a Resolution of Necessity. The City
Council of the City of Lynwood intend to consider the adoption of a Resolution of Necessity on March
21, 2006 that, if adopted, will authorize the City to acquire the property described herein by eminent
domain for the proposed replacement park for Ham Park
A copy the proposed Resolution of Necessity that w~ll be recommended to the City
Council for adoption accompanies this Notice A description of the property (the "Property") being
considered for acquisition is attached to the Resolution of Necessity and marked Exhibit A This
property is part of the larger site for the replacement park designed in Exhibits B
2. Notice of Your Right to Appear and Be Heard. Please take notice that the City Council of
the City of Lynwood at a regular meeting to be held on Tuesday, March 21, 2006 at 5 00 p m, or as
soon thereafter as the matter may be heard at 11330 Bulhs Road, Lynwood, Cahforma, w/Il hold a
hearing on whether such a Resolution of Necessity should he adopted, as required by California Code of
Civil Procedure Section 1245 220 for the commencement of an eminent domain proceeding to acquire
real property
You have the right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and issues, and to have the City Council give judicious consideration to
your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity
e
Whether the public interest and necessity require the proposed project,
Whether the proposed project is planned or located in the manner that will be most
compatible with the greatest pubhc good and the least private injury,
Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the proposed project
Whether the offer reqmred by Government Code section 7267.2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
were ~n a form and contmned all of the factual mformat~on reqmred by Government Code
Section 7267 2(b) A copy of sectlon 7267 2 m its entirety ~s attached hereto
Whether the City of Lynwood has complied w~th all conditions and statutory
requirements necessary to exercise the power of eminent dommn (the "right to take") to
acquire the property described herein, as well as any other matter regarding the right to
take said property by eminent domain, and
f Where the City of Lynwood has statutory authority to acquire the property by eminent
domain
A copy the proposed Resolution of Necessity that will be recommended to the City Council for
adoption accompmnes this Notice.
Your name appears on the last equalized Los Angeles County assessment roll and as Owner 0n
our preliminary title report) of the property required for the proposed project
The authority of the City of Lynwood to acquire the property by eminent domain for the
proposed project is conferred upon the city by California Constitution Article 1, Section 19, California
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and Cahfomla Code of Civil
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010 through 1240 050,
1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of law.
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice
Was Mailed Will Result m Waiver of the Right to Appear and Be Heard. If you desire to be heard,
please be advised that you must file a written request with the clerk of the governing board within fifteen
(15) days after this Notice was mailed You must file your request to be heard at Office of the City
Clerk, 11330 Bulbs Road, Lynwood, Cahfornm 90262
Should you elect to mad your request to the clerk of the governing board, it must be actually
received by the clerk for fihng within fifteen (15) days after thts Notme was mailed
The date of mailing appears at the end of this Notice
California Code of Civil Procedure section 1245 235(b)(3) provides that "failure to file a
written request to appear and be heard within fifteen (15) days after the Notice was mailed will result In
waiver of the right to appear and be heard" on the above matters and ~ssues that are the subject of the
hearing
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount to
be paid for the property wall not be considered by the board at this hearing.
If you elect not to appear and not be heard, your failure to appear will be a waiver of
your right to later challenge the right of the City of Lynwood to take the property by eminent
domain.
The amount of the compensation to be paid for the acqulsltlon of the property is not a matter or
issue being heard by the City Council at this time Your nonappearance at this noticed hearing will not
prevent you from claimxng greater compensation, in and as determined by a court of law in accordance
with the laws of the State of Cahforma Th~s Notice is not intended to foreclose future negotiations
between you and the representatives of the City of Lynwood on the amount of compensation to be paid
for your property
If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court
of law' the issues that are the subject of tlus noticed hearing and that are concerned w~th the right to take
the property by eminent domain
If the C~ty Council elects to adopt the Resolutton of Necessity, then w~thln slx months of the
adoption of the Resolution, the C~ty of Lynwood will commence eminent domain proceedings in
Superior Court In that proceeding, the Court w~ll determine the amount o£ compensation to whlch you
are entitled
Dated and Minted On February 22, 2006
City of Lynwood
California Government Code § 7267.2: Estabhshment of Amount of Just Compensation and Offer
Therefore; Statement to Owner
(a) Prior to adopting a resolution of necessity pursuant to Section 1245 230 of the Code of Civil
Procedure and initiating negotiations for the acqmsmon of real property, the pubhc entity shall establish
an amount which it beheves to be.lust compensation therefore, and shall make an offer to the owner or
owners of record to acqmre the property for the full amount so established, unless the owner calmot be
located with reasonable dd~gence The offer may be conditioned upon the legislative body's ratification
of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In
no event shall the amount be less than the public entity's approved appraisal of the fair market value of
the property Any decrease or increase In the fair market value of real property to be acquired prior to
the date of valuation caused by the public improvement for whmh the property is acquired, or by the
hkehhood that the property would be acqmred for the improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant, shall be d~sregarded in determining
the compensation for the property
(b) The pubhc entity shall promde the owner of real property to be acquired with a written statement
of, and summary of the basis for, the amount tt established as,lust cmnpensatlon The written statement
and summary shall contain detail sufficient to tndmate clearly the basis for the offer, ~ncludlng, but not
fumtcd to, all of the following information
(1) The date of valuation, highest and best use, and apphcable zoning of property
(2) The pnnc~pal transactions, reproduction or replacement cost analysis, or capltahzatlon analysts,
supporting the determmanon of value
(3) Where appropriate, the ,lust compensation for the real property acquired and for damages to
remaining real property shall be separately stated and shall ~nclude the calculations and narrative
explanation supportmg the compensation, including any offsetting benefits
(c) Where thc property involved ts owner occupied residential property and contains no more than four
residential units, the homeowner shall, upon request, be allowed to rewew a copy of the appraisal upon
which the offer is based The pubhc entity may, but ~s not reqarred to, satisfy the written statement,
summary, and rewew reqmrements of th~s section by providing the owner a copy of the appraisal on
which the offer is based
(d) Notwithstanding subd~vlsmn (a), a pubhc entity may make an offer to the owner or owners of
record to acqmr¢ real property for less than an amount which it beheves to be,lust compensation
therefore ~f(1) the real property is offered for sale by the owner at a specified price less than the amount
the public entity believes to be just compensation therefore, (2) the public entity offers a price which ~s
equal to the specified price for which the property is bemg offered by the landowner, and (3) no federal
funds are involved tn the acquisition, construction, or project development
(e) As used tn subdivision (d), "offered for sale" means any of the followmg
(1) Directly offered by the landowner to the public entity for a specified price in advance of
negotiations by the pubhc entity
(2) Offered for sale to the general public at an advertised or pubhshed, specified price set no more than
slx months prior to and still available at the time the pubhc entity lmtlates contact w~th the landowner
regarding the public ent~ty's possible acqmsttion of the property
EXHIBIT "A"
Legal Description for Subiect Property- Assessor's Parcel Numbers 6186-001-004
The land referred to as the Subject Property ~s situated in the State of Cahfomla, County
of Los Angeles and IS described as Lots 5, 6 and 7 of Tract 8242 an the C~ty of Lynwood,
Bk 115, Pgs 55 and 56 of Maps, Records of Los Angeles County
Assessor's Parcel Number 6186-001-004 is comprised of Lots 4, 5, 6 and 7
EXHIBIT "B"
AGNES STREET
g
C
LAVINIA AVENUE
m
EXHIBIT "B'
EXHlrB[T "B'
LAVIIdlA AVE#UE
EXHIBIT "B'
£REEIVAy I-/O5
EXHIBIT "C"
RESOLUTION NO. 200~.012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HAM
PARK REPLACEMENT PROJECT CONSISTING OF TEN
(10) ACRES OF LAND INVOLVING APPROXIMATELY
FORTY-ONE (41) PARCELS, BOUNDED ON THE WEST
BY ATLANTIC AVENUE; ON THE EAST BY VIRGINIA
AVENUE; ON THE NORTH BY THE 1-105 (CENTURY)
FREEWAY; AND ON THE SOUTH BY PARCELS
LOCATED MID-BLOCK BETWEEN LAVINIA AVENUE
AND CLARK AVENUE. IN ADDITION, THE PARK
WOULD INCLUDE A SMALL AREA BORDERED BY A
ATLANTIC AVENUE TO THE EAST; THE ALLEY OFF
ATLANTIC AVENUE TO THE WEST; AGNES AVENUE TO
THE NORTH; AND LAVINIA AVENUE TO THE SOUTH.
THE PRO3ECT WOULD INCLUDE ACQUIRING AND
DEMOLISHING A WIDE VARIETY OF LAND USES
INCLUDING SINGLE-FAMILY AND MULTI-FAMILY
RESIDENCES, OFFICES, A CHURCH, RETAIL STORES,
MOTELS, RESTAURANTS AND BILLBOARDS. THE
NEW PARK WOULD INCLUDE A SOCCER FIELD, A
BASEBALL FIELD, AN APPROXIMATE 5,000 SQUARE
FOOT COMMUNITY BUILDING, PICNIC TABLES WITH
SHELTERS, WALKING/BIKING TRAILS, TOT LOT AND
THREE (3) SURFACE PARKING LOTS PROVIDING
APPROXIMATELY 195 PARKING SPACES. THE NEW
PARK IS LOCATED IN THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Planmng Commission of the City of Lynwood pursuant to
law conducted a pubhc heanng on 3anuary 11, 2005 and approved the Final
Enwronmental Impact Report for the Ham Park Replacement Project, and
WHEREAS, the Lynwood City Council has carefully considered all oral and
wntten testimony offered at the pubhc heanng, and
WHEREAS, the Lynwood City Councd has determined that the park
replacement project may have a s~gnfficant ~mpacts on the environment Specifically,
the project could result In ~mpacts on Populabon and Housing, Air Quahty, No~se,
Water and Hydrology, Pubhc Services and Utlht~es, Wsual Quality/Aesthetics, and
Human Health and Hazardous Materials Mitigation measures were recommended ~n
the [:)raft Envtronmental Impact Report and would be tnduded as part of the proposed
project The ~nclus~on of the recommended m~tlgat~on measures would reduce project
related ~mpacts to below a level of s~gn~ficance, and
WHEREAS, the Lynwood City Council has determined that the Ham Park
Replacement Project is consistent with the Open Space Land Use Map deslgnabon and
consistent w~th goals and policies set forth ~n the Lynwood General Plan Land Use
Element and Open :3pace and Conservation Element
EXHZB T "C"
Section I The City Council of the City of Lynwood hereby finds and
determines as follows
A
The environmental rewew and documentation contained in the F~nal
Environmental Impact Repod: satisfies all requirements set forth ~n the
California Environmental Quality Act (CEQA) guidelines
B
The park replacement project is consistent with the applicable goals and
pohcles of the Lynwood General Plan Land Use Element and the Open
Space and Conservabon Element,
C
Proper and reasonable provisions are available for adequate parking,
ingress and egress to the park
D
Proper and adequate provisions are available for all pubhc utlht~es and
public services
E
Mitigation measures in the Final Environmental Impact Report would
reduce potential impacts to levels of insignificance
Section 2 The City Council of the City of Lynwood, based upon the findings
identified above, hereby certifies the Final Environmental Impact Report for the Ham
Park Replacement Project
A~-FEST
CERTI'F]~ED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the :1St day of Februaryr 2005
~-~/RAMON ROE~T~IGUEZ, Mayor C~ty of Lynwood
APPROVED AS TO CONTENT
ANDREA L HOOPER, City Clerk
C~ty of Lynwood
APPROVED AS TO FORM
C~ty I~nager
City of Lynwood
APPROVED AS TO FORM
RNOLDO BELTRAN, C~ty Attorney
Ity of Lynwood
G ~-ANT TAYLO ,~ I rector
Development Services Department
EXHIBIT "C"
S1-A~ OF CALIFORNIA
COUN~ OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the ist day of February, 2005
AYES
COUNCILMEN BYRD, PEDROZA, SANTILLAN. VASQUEZ AND RODRIGUEZ
NOES NONE
AB~-I-AIN NONE
ABSENT NONE
Gty Clerk, Gty of Lynwood
S-FATE OF CALIFORNIA
COUNI~K OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No 2005.012 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated
Dated this 1st day of February
, 2005
Clerk, Gty of Lynwood
Notice of Deter miuatlon
EXHIBIT "D"
To /X/
From
Subject
County Clerk -
County of Los Angelcs
Envn onmental Fdmgs
12400 East hnpenal Highway, #1 l 01
Norwal¢, CA 90650
City of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
'FILED
Fdmg of Nonce of Determination m Complla/~e w/th Section 21108 or 2l 152 of the Pubhc Resoumes
Code
Ham Park Replacement Pro el~!
ProJect Title
SCH2004061141
State Cleannghouse Number
(If submitted to Cleannghouse)
Grant Taylor
Lead Agency
Contact Person
(310) 603-0220 ext 326
Area Code/Telephone
Project Location The s~te for the proposed park replacement project
is located at the southeastern section of the City of Lynwood, just
south of the Century Freeway (hlterstate 105 or 1-105) The site
consists of appro~mately 10 acres, bounded on the east by Virginia
Avenue, on the north by the Century Freeway, on the south by
parcels located lind-block between Lavmia Avenue and Clark Street,
and on the west by Atlantic Avenue In addition, the park would
include a small area bordered by Atlantic Avenue to the east, the
alley off Atlantic to the west, Agnes Avenue to the north, and
Lavmia Avenue to the south The project site is currently developed
with a wide variety of land uses, mclu&ng slngle-fanuly and multi-
falndy residences, offices, a cburch, retail stores, motels, restaurants,
and billboards
ProJect Descnpnon The proposed project involves the constmcnon
of a new park to replace John tlam Memorial Park, which was
previously located at southwest comer of Martin Luther King, Jr
Boulevard and Wright Road The former park ate has been acquired
by the Lynwood Unified School D~stnct for construction of a new Vtcm~O, Map
high school The C~ty is planning a replacement park and ~s
proposing the acquisition and redevelopment of l0 acres of land (mvolvmg approxxmately 41 parcels) for the park
replacement Facilities at the new park would include a soccer field, a baseball field, an approximately 5,000-square-
foot Comrnumty Building, pmmc tables with shelters, walking/biking trails, tot lot, and tkree surface parking lots with
approxunately 195 parkmg spaces The portion of the park that would be located on the west side of Atlantm Avenue
m anticipated to be used as a tot lot and parking area In order to accommodate tlus project, the City would need to
acquire the affected parcels, demolish existing structures, vacate of the public rights-of-way for the seg~nents of
Josephine Street and Lawma Avenue between Atlantic Avenue and Virginia Avenue, and construct the proposed
facilities
05 0013728
EXHIBIT "D"
NAR O 7 ?005
EXHIBIT "D"
Tlus is to adYtse that the Lynwood Cttsc~Commt[ approved the above-described project on
/X/Lead Agency / / Responsible Agency
FebmarX 1, 2005 aud has nlade the £ollowmg detenmnattol~s regaldmg the above desc~2bed pioject
/X/The project wdl have a s~gmficant effect on the envlromnent
2 /X/An Enviromnental hnpact Report was prepared for this project pursuant to the proms~ons of
CEQA
//A Negative Declm'atlon was prepared for th~s project pursuant to the provisions of CEQA
3 /X/Mltlgatmn measures were made a condlt~on of the approval of the project
4 //A Statement of Ovemd~ng Consldemt~ons was adopted for this project
5 /X/Fmdmgs were ~nade pursuant to the prowsmns of CEQA
This ~s to certify that the Final and Draft EIR, w~th cormne~lts and responses, and the records of proJect approval are
avmlable to the General Pubhc at
C~ty of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
S~gnature (Pubk~ Agency)
2. -- D reotor of r) velop e t
Date Title
EXH 'BIT "D"
CERTIFICATE OF FEE EXEMPTION
De Mmmus Impact Finding
Prolect T~tlc/Locatmn (include County)
Hain Park Replacement Project
C~ty of Lyn;vood, County of Los Angeles, Cahfornia 90262
Name and Address of Project Applicant
C~ty of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
ProJect Description The proposed proJect involves the construction of a new park to replace Jotm Ham Memorial
Park, which ~vas previously located at southwest comer of Martin Luther Fdng, Jr Boulevard and Wright Road
The former park site has been acqmred by the Lyawood Umfied School District for construction of a new high
school The City is planning a replacement park and is proposing the acqmsitlon and ledevelopment of 10 acres of
land (involving approximately 41 pamels that are currently developed with various resldentml and commercml
uses) for the park replacement Facilities at the new park would include a soccer field, a baseball field, an
approxunately 5,000-square-foot Community Building, picnic tables with shelters, walking/biking trails, tot lot,
and three surface parking lots with approximately 195 parking spaces The portion of the park that would be
located on the west side of Atlantic Avenue is anticipated to be used as a tot lot and parking area In order to
accommodate thru project, the City would need to acquire the affected parcels, demolish exlstmg structures, vacate
of the public rights-of-way for the segments of Josephine Street and Lavlma Avenue between Atlantic Avenue and
V~rg~nla Avenue, and construct the proposed factht~es
Findings of Exemptmn
An Environmental Impact Report (EIR) has been prepared by the Lead Agency to evaluate the project's
effects on w~ldltfe resources, ~f any
2 The Lead Agency hereby finds that there is no evidence before the City that the project ~wll have any
potential for adverse effect on the environment, with the Implementatmn ofm~tlgat~on measures
3 The project s~te ~s h~ghly urbamzed and the project will not result In any changes to the following
resources
(A) Riparian land, rivers, streams, watercourses and wetlands,
(B) Native and non-native plant life and the sod required to sustain habitat for fish and wddhfe,
(C) Rare and unique plant hie and ecologmal communmes dependant on plant hie,
(D) L~sted threatened and endangered plants and animals and the habitat ~n which they are beheved to
reside,
(E) All species hsted as protected or identified for special management m the Fish and Game Code, the
Pubhc Resources Code, the Water Code or regulatmns adopted thereunder,
(F) All manne and terrestrial species subject to the junsthctmn of the Depamnent of F~sh and Game
and the ecological cotmnumt~es m which they reside, and
(G) All mr and water resources, the degradatmn of which roll individually or cumulatively result ~n a
Ioss of bmloglcal diversity anmng the plants and ammals residing in that air and water
CERTIFICATION
I hereby certify that the C~ty of Lynwood, Development Services Department, as tbe Lead Agency, has made
the above finthng(s) of fact and based upon the EIR and the heanng record, the project will not individually or
cumulatively hav~ effect on wddhfe resources, as defined m Section 71 l 2 of the Fish and Game Code
T~tle Director ol'Development Serwces
Lead Agency City of Lynwood, Development Services Dept Date February 1, 2005
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21, 2006
Honorable Mayor & C~ty Council Members
N Ennque Martmez, C~ty Manager ~fCt~
Grant Taylor, Director of Development Services d'~'--
J Arnoldo Beltran, C~ty Attorney
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF THE REAL
PROPERTY IDENTIFIED AS APN 6186-001-004, LOCATED AT 12031
ATLANTIC AVENUE, LYNWOOD, CALIFORNIA 90262, IN CONNECTION
WITH THE DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK WHICH WAS ACQUIRED BY LYNWOOD UNIFIED
SCHOOL DISTRICT FOR THE CONSTRUCTION OF THE MARCO ANTONIO
FIREBAUGH HIGH SCHOOL
Recommendations:
Open and conduct a pubhc heanng on the adoption of the proposed Resolution of
Necessity, receive from Staff'the ewdence stated and referred to In this report,
take testtmony from any person wmhtng to be heard on the matter
If the C~ty Council finds, based upon the ewdence contmned ~n and referred to ~n
this report and the testimony and comments recmved dunng the pubhc heanng,
that the ewdence supports the necessary findings w~th respect to the Resolution of
Necessity, then the staffrecommends that the C~ty Counml, tn the exercise oftts
d~scret~on, adopt the proposed Resolution entitled, '% RESOLUTION OF
NECESSITY OF THE CITY OF LYNWOOD, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, IN CONNECTION WITH THE
DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK", and authorize C~ty Staff and the C~ty Attorney's office to
take all necessary steps to file and prosecute an eminent domain proceeding to
acqmre the fee s~mple xnterest ~n the real property commonly known as 12031
Atlantic Avenue, Lynwood, Cah£omia 90262 (referred to hereinafter as the
"SubJect Property") The Subject Property is included in Los Angeles County
Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number
consists of Lots 4, 5, 6, and 7 The SubJect Property ts Lot 4 of smd Assessor's
Parcel Number. The SubJect Property ~s more fully described ~n the legal
description attached as Exhtb~t "A" to the Resolubon of Necessity and depicted
AGENDA
ITEM
on the site maps attached as Exhibit "B" to the Resolution of Necessity. Exhibits
"A" and "B" are incorporated herein by this reference.
Executive Summary:
The project ("ProJect') involves the construction of a new park to replace John Ham
Memorial Park ("Ham Park"), which was previously located at the southwest comer of
Martin Luther King, Jr Boulevard and Wright Road. The former park site was acquired
by the Lynwood Unified School District for construction of a new high school. The City
is plamfing a replacement park and ~s proposing the acqmmion and development of 10
acres of land (involving approximately 44 parcels) (all parcels jointly referred to as the
"Site") for the Project Facilities at the new park would include a soccer field, a baseball
field, an approximately 5,000-square-foot Com_munity Building, picnic tables with
shelters, walking/biking trails, tot lot, and three surface parking lots with approximately
195 parking spaces. The portion of the park that would be located on the west side of
Atlantic Avenue is anticipated to be used as a tot lot and parking area. In order to
accommodate the Project, the City needs to acquire the affected parcels, demolish
existing structures, vacate the public rights-of-way for the segments of Josephine Street
and Lavinia Avenue between Atlantic Avenue and Virginia Avenue, and construct the
proposed facilities
The City lost Ham Park nearly three years ago to the Lynwood Unified School District
("LUSD") LUSD acquired the property by way of a three party agreement with the City
and the County of Los Angeles as the other two parties As part of the acquisition
process, the California State Allocation Board made available to the City a limited
amount of funds that were to serve for the acquisition of replacement property for the
construction of the Project The Subject Property is part of the Site and its acquisition is
sought for public purposes, namely the construction of the new park, and all uses
necessary or convenient to the operation of the replacement park for said purposes,
pursuant to California Constitution Article 1, Section 19, California Government Code
Sections 37350, 37350 5, 37351, 40401 and 40404, and California Code of Civd
Procedure Section 1230.010 et seq., including but not limited to Sections 1240.010
through 1240.050, 1240A10, 124(I.120, 1246.410, 1240 510, 1240.610, 1240 650, and
other provisions of law.
As explmned more fully below ~n the Background section, the Project constitutes an
effort by the City to replace park and open space for the Lynwood residents.
Construction of the replacement park will enable the City to once again offer additional
programs at the new park and permit the residents of Lynwood to enjoy 10 acres of open
space for a multitude of recreational activities.
The legal description of the SubJect Property is attached as Exhibit "A' to the Resolution
of Necessity and depicted on Exhibit "B" to the Resolution of Necessity. The proposed
Resolution of Necessity, together with Exhibits "A" and "B," are attached to this Staff
Report, and are incorporated herein by this reference The public hearing on the
proposed Resolution of Necessity has been duly noticed.
2
The City has extended an offer pursuant to the requirements of Government Code Section
7267 2 et seq to the owner of record of the SubJect Property, but the owner has rejected
the City's initial offer. Negotiations are ongoing, but no negotiated sale has been
reached Based on the legal mandate under the Public Park Preservation Act of 1971 and
the urgent need for park and open space in the City (the City of Lynwood was already
short of the required open and park space for its residents prior to the loss of Ham Park
Nearly three years have now elapsed since the loss of the 10 acres of open and park space
that made up Ham Park), it is necessary that the City Council consider at this time the
adoption of the Resolution of Necessity for the acquisition of the Subject Property by
eminent domain In order to adopt the Resolution of Necessity the City Council must
find and determine that
1
2
3
4
The public interest and necessity require the Project
The Project is planned or located in the manner that will be compatible with
the greatest public good and least private injury
The SubJect Property described In the Resolution of Necessity is necessary for
the Project
The City has made the offer required by Government Code Section 7267 2 to
the owner of record of the Subject Property.
This hearing relates to issues 1, 2, 3, and 4 above The amount of just compensation ~s
not an issue before the City Council at this hearing
Background:
The City of Lynwood contains approximately 4 9 square miles of surface area Based on
State of Cahforma guidelines, the City is deficient in open spaces and parks
Notwithstanding this shortage of open spaces, on September 2, 2003, the City entered
into negotiations with the LUSD and the County of Los Angeles for the LUSD to acquire
Ham Park for the construction of a high school As part of the negotiations the parties
entered into a three party agreement which resulted in the City and County of Los
Angeles being recipients of funding provided by the State of California State Allocation
Board for the acqmsltmn of replacement property for Ham Park and construction of the
new park.
The loss of Ham Park resulted in the City discontinuing a multitude of programs offered
to residents of all ages at the former park. This public function continues to go unmet m
large part until the replacement park can be operational
Based on the legal requirements of the Public Park Preservation Act of 1971 and the
obhgattons of the City to the County of Los Angeles (Ham Park was, at one time, a
County of Los Angeles park and the County's consent was required before the City could
transfer Ham Park to LUSD), the City worked on the relocation of Ham Park for many
months before settling on the Site Once a site was identified, the City retmned the
servmes of a consultant to assist with the preparation of an environmental impact report
and a second consultant to manage the acqmsition and relocation effort at the Site
Subsequent to the completion of an Environmental Impact Report and approval of the
same, the C~ty began its acquisition process of the property at the Site. To date, the
3
efforts of the City have resulted in the acqmsltlon of 26 properties where escrow has
closed, 13 properties in escrow pending closing of same, and 5 properties on which no
agreement has been reached and which will be the subject of consideration of resolutions
of necessity by the Council
Discussion & Analysis:
Description of the Project
The Project constitutes the City's effort to comply with California law and the terms and
conditions of a three party agreement entered into with the LUSD and the County of Los
Angeles for the replacement of Ham Park Under the terms of the Pubhc Park
Preservation Act of 1971, the City has an obligation to replace Ham Park. Moreover, the
obligation to do so must meet specific and stringent requirements such that the
replacement park must be located in an area designed to serve generally the same persons
with land of comparable characterlstms and of substantially the same size served by the
former Ham Park. This requirement made ~t imperative for the C~ty to identify suitable
property in the lrnrnediate neighborhood of the former Ham Park.
The ProJect consists of the acquisition of approximately 10 acres of real property
currently devoted to residential, commercial and other uses including public rights of way
for the construction of the replacement park The Executive Summary, above, provides a
detailed review of the ProJect
Environmental Review Process and Analysis
As part of environmental review process for the ProJect, the City of Lynwood determined
that the proposed Ham Park Replacement Project would likely have significant adverse
environmental effects. The analysis indicated that the proposed project could result m
significant adverse effects on a number of areas and an EIR would have to be prepared
In accordance with the Cahfomia Environmental Quality Act ("CEQA"), the Caty of
Lynwood circulated a Notice of Preparation ("NOP") of a Draft Environmental Impact
Report ("EIR") on June 23, 2004 (found in Appendix A to the draft EIR), to inform other
agencies, special districts, surrounding cities, and other individuals that the City intended
to prepare an EIR for the proposed project. The purpose of the NOP was to solicit
guidance from various agencies regarding the scope and content of the environmental
information to be included in the final EIR. Agencies and individuals receiving copies of
the NOP had 30 days to respond. Concerns rinsed in the responses to the NOP are
presented in letters provided as Appendix B to the final EIR and have been addressed in
the final EIR A Scoping Meeting was held on July 15, 2004 to discuss the project and
the environmental review process and to solicit comments on the environmental analysis
to be included in the final EIR The written comments received at the Scoping Meeting
are provided ~n the draft EIR
The final EIR was presented to the Lynwood City Council at a duly noticed public
hearing on February 1, 2005 and the same was approved by a 5-0 vote of the City
4
Council City Council Resolution 2005.012 certifying the Final Environmental Impact
Report and the Notice of Determination filed with Los Angeles County Clerk are
attached hereto as Exhibits "C' and "D" and are incorporated herein by this reference
Actions of City Pursuant to Government Code Section 7267 et seq
Pursuant to Goverrunent Code Section 7267 et seq, the City of Lynwood obtained a fair
market appraisal on the SubJect Property, set just compensation m accordance therewith
and extended a written offer letter on September 30, 2005, to Luz Mary Lozano, the
owner of record of the Subject Property together with the accompanying statement and
summary of the basis for the amount established as just compensation A true and correct
copy of the offer letter is on file in the Development Services Department of the City of
Lynwood and is incorporated m tins Staff Report by this reference. That offer was
rejected by Luz Mary Lozano, and to date, no negotiated purchase has been
consummated. The need to complete the Project and the schedule for the same require
that the City Council consider the proposed Resolunon of Necessity at this time
Necessary Findings for Adoption of Resolution of Necessity
To adopt the proposed Resolution of Necessity, the City Council must find and determine
that
1 The public interest and necessity require the Project
2 The Project is planned or located in the manner that will be compatible with the
greatest public good and least private injury
3 The SubJect Property described in the Resolution of Necessity is necessary for the
ProJect
4 The City has made the offer required by Government Code Section 7267 2 to the
owner of record of the Subject property
The Public Interest and Necessity Require the Prolect
As set out in the Executive Summary above, the City seeks to acquire the SubJect
Property for a public purpose. The Subject Property is part of the land area required for
the construction of a replacement park for Ham Park The City intends to construct a
park in the approximately 10 acres of which the Subject Property is a part, a public use,
and in connection therewith acquire certain real property Said public use is a
governmental function of the City of Lynwood The City ~s obligated to construct the
park because Ham Park was taken by the Lynwood Unified School District for the
construction of a new high school. With the loss of Ham Park the City, which was
already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facilities as well as its legal obligations under
the Public Park Preservation Act of 197 !
More particularly, the City of Lynwood proposes construction of the replacement park to
meet the following public purposes
· To provide needed park space In the City, as identified In the Lynwood
General Plan,
· To provide active and passive recreation opportumttes for the residents of
Lynwood,
· To provide a replacement park of comparable size and active and passive
recreational amenities of the original Ham Park, and
· To encourage the economic and physical redevelopment and revitalization
of the surrounding project area and the community as a whole
The Prolect is Planned or Located in the Manner that will be Compatible with the
Greatest Pubhc Good and Least Private Iniury
The Subject Property is necessary for the constructron of the replacement park for Ham
Park The SubJect Property, on Atlantic Avenue Between Agnes Street and Lavlma
Avenue, rs part of the Site necessary to complete the replacement park and to ensure that
the acreage lost by the acquisition of Ham Park is replaced as required by The Public
Park Preservation Act Cal. Pub Res. Code Sec. 5407.1. The C~ty conducted a number of
studies to determine the location for the replacement park. The City's search was limited
~n light of the provisions of The Public Park Preservation Act of 1971 which mandates
that parks be replaced within the area that will serve the same population as the previous
park served. This legal mandate, the limited surface area of the City and the already
existing public sites such as schools and other s~mflar uses, lumted the possible locatmn
of the replacement park The selectmn of the site for the ProJect wall cause the least
amount of private injury in that the city will be able to use other public lands, the public
right of way such as streets and intrude in the least possible amount into the
neighborhood intended to be served by the replacement park.
The Subiect Property Described m the Resolution of Necessity ~s Necessary for the
Proiect
The proposed action consists of the acquisition of the fee simple interest in the property
located at 12031 Atlantic Avenue, Lynwood, Cahfomia 90262 The Subject Property is
included in Los Angeles County Assessor's Parcel Number 6186-001-004, which
Assessor's Parcel Number consists of Lots 4, 5, 6, and 7 The SubJect Property is Lot 4
of said Assessor's Parcel Number As set forth above, the Subject Property is necessary
for the ProJect, and the replacement park cannot be completed in the manner required by
law without the acquisition of the Subject Property and inclusion of the same in the
Project.
The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Sublect Property it Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtmned and approved a fmr
market value appraisal of the SubJect Property, set just compensation in accordance with
the approved appraisal and extended a written offer on September 30, 2005, to the owner
of record of the Subject Property, Luz Mary Lozano A true and correct copy of the offer
letter is on file with the Development Services Department of the City of Lynwood and is
incorporated Into this report by this reference The owner of the Subject Property
rejected the offer, and the part~es have not reached a negotiated purchase at this time
Conclusion:
Adoption of the Resolution of Necessity will authorize the City Attorney's office and
Staff to take all actions necessary for the City to acquire the Subject Property so that the
ProJect may be completed as soon as possible to provide the residents of the City the
open space and recreational opportunities lost when Ham Park was taken by LUSD
As noted above, this hearing relates only to issues 1, 2, 3, and 4 above. The amount of
just compensation is not an issue before the City Council at this hearing
ADMINISTRATIVE RECORD:
All documents, exhibits, appendices and reports identified in this Staff Report, and all
documents any such items rely upon for their analysis, conclusions and
recommendations, are hereby incorporated by reference and constitute the Administrative
Record of the public hearing on the Resolution of Necessity.
The Administrative Record is avmlable for review with the Director of the Development
Services Department, City of Lynwood
Fiscal Impact:
Funding is included as part of the Ham Park Replacement Budget
Coordinated With:
City Manager's Office
Finance Department
City Attorney's Office
Development Services Department
7
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK
Section 1. The C~ty of Lynwood 1s a munlmpal corporation in the County of
Los Angeles, State of Cahfornla
Section 2. The real property (the "SubJect Property") described ~n section 3 of this
Resolution is to be taken for a public use, namely to provide land for the construction of a
replacement park for John Ham Memorial Park ("Ham Park"), and all uses necessary and
convement thereto, pursuant to the authority conferred upon the City of Lynwood to acqmre
property by eminent domain by Cahforma Constitution Article 1, Section 19, Cahfornla
Government Code Sectmns 37350, 37350 5, 37351, 40401 and 40404, and Cahfornla Code of
Civil Procedure Section 1230 010 et seq, including but not hmlted to Sections 1240 010 through
1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of
law
Section 3. The real property ~nterest sought to be taken is a fee simple interest
for the assembling of sufficient land (all parcels required constitute the "S~te") to
construct a replacement park for Hain Park on the property located at the Site (the
"ProJect") The Subject Property is generally known as 12031 Atlantic Avenue,
Lynwood, Cahforma 90262 The SubJect Property ts included tn Los Angeles County
Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number consists of
Lots 4, 5, 6, and 7 The Subject Property is Lot 4 of said Assessor's Parcel Number
The legal description of the SubJect Property is attached as Exhibit "A" to this
Resolution and the SubJect Property is depicted on the diagrams attached as Exhibits
"B" to this Resolution Said exhibits are incorporated hereto by this reference The
SubJect Property ~s required for the construction of the replacement park, which use is a
public use and smd use is a pubhc function of the City of Lynwood.
Section 4. The acqmsltlon of the SubJect Property ~s required to carry out and
make effective the pnnmpal purpose of the Project A general description of the Project
is set forth in the Staff Report dated March 21, 2006, and the ewdence, reports, and
documents cited in that Staff Report are all incorporated herein by this reference, and
Section 5. In terms of the potential environmental impacts, the City of
Lynwood prepared an Environmental Impact Report ("EIR") dated January 2005 The
EIR was the subject of a publxc heanng on February l, 2005 for whrch not~ce of a
pubhc hearing was pubhshed on December 30, 2004 The City Councd of the City of
Lynwood approved the EIR at smd heanng Construction of the ProJect w~ll be carried
out ~n compliance with the findings and determination set out m the EIR
Section 6. The City of Lynwood C~ty Council hereby FINDS, DETERMINES,
DECLARES, ORDERS AND RESOLVES as follows
The Public Interest and Necessity Re§rare the Project Because the City Seeks to Acquire
the Sublect Property for A Public Purpose
As set out ~n the Executive Summary of the Staff Report, the City seeks to acqmre the SubJect
Property for a public purpose, The SubJect Property is part of the S~te required for the
construction of a replacement park for Ham Park The City intends to construct a park in the
approximately 10 acres that make up the Site and of which the SubJect Property is a part, such
use of the Site and SubJect property is a public use, and in connection therewith the City must
acquire the SubJect Property Said public use is a governmental function of the City of Lymvood
The City is obligated to construct the park because Ham Park was taken by the Lynwood Unified
School District for the construction of a new h~gh school With the loss of Ham Park the City,
which was already underserved by parks and open spaces, cannot meet its responsiblhties to
residents for open space and recreational facilities
B The ProJect ~s Planned or Located in the Manner that will be Compatible with the
Greatest Pubhc Good and Least Private Inlurv
The Subject Property IS necessary for the construction of the replacement park for Ham Park
The SubJect Property, on Atlantic Avenue between Agnes Street and LavInia Avenue, ~s part of
the Site necessary to complete the replacement park and to ensure that the acreage lost by the
acquisition of Ham Park IS replaced as reqmred by The Public Park Preservation Act Cal Pub
Res Code Sec 5407 1 The City conducted a number of studies to determine the location for the
replacement park The City's search was limited ~n light of the provisloI~s of the Pubhc Park
Preservation Act of 1971 which mandates that parks be replaced within the area that will serve
the same population as the previous park served This legal mandate, the limited surface area of
the City and the already existing public sites such as schools and other s~milar uses, lumted the
possible location of the replacement park The selection of the Site for the ProJect is believed to
cause the least amount of private injury In that the City will be able to use other public lands, the
public right-of-way such as streets and intrude in the least possible amount into the neighborhood
intended to be served by the replacement park
C The Sul~lect Property Described m the Resolutmn of Necessity is Necessary for the
Prolect
The proposed action consists of the acquisition of the fee simple Interest in the property located
at 12031 Atlantic Avenue, Lynwood, California 90262 The Subject Property m included In Los
Angeles Coumy Assessor's Parcel Number 6186-001-004, which Assessor's Parcel Number
consists of Lots 4, 5, 6, and 7 The SubJect Property IS Lot 4 of said Assessor's Parcel Number
As set forth above, the SubJect Property is necessary for the ProJect, and the replacement park
calmot be completed in the manner required by law without the acquisition of the SubJect
Property and ~nclusmn of the same tn the Project
D The City Made the Offer Re_qmred by Government Code Section 7267 2 to the Owner of
Record of the Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtained and approved a fair market
value appraisal of the Subject Property, set just compensation ~n accordance with the approved
appraisal and extended a written offer together with the accompanying statement of and
sutnmary of the basis of the amount established as just compensation, on September 30, 2005, to
the owner of record of the SubJect Property, 12031 Atlantic Avenue, Lynwood, California
90262 Said offer and accompanying statemenffsnmmary were in a form and contained all of the
factual disclosures provided by Government Code Section 7267 2(b) A true and correct copy of
the offer letter is on file in the Development Services Department of the City of Lynwood and is
incorporated into this report by this reference The owner of the Subject Property rejected the
offer, and the parties have not reached a negotiated purchase at this time
Section 7 The City has comphed with the notice requirements of Code of Civil
Procedure Section 1245 235
Section 8. The findings and declarations contained in this Resolution are based on the
record before the City Council on March 2l, 2006 when it adopted this Resolution, including the
Staff Report dated Marctx 2t, 2006, att documents referenced a~d incorporated m the Staff
Report, the testimony at the hearing, and the records and documents prepared in connection with
the Project, all of which are incorporated in this Resolution by this reference
Section 9 The City Council of the City of Lynwood authorizes and directs the City
Attorney's office and Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the real property
interests described in Exhibit "A" attached hereto
Section 10. This Resolution shall take effect upon adoption
Section 11. The City Clerk shall certify the adoption of this Resolution and shall cause
this Resolution and her certification to be entered in the Book of Resolutions of the City Council
of this City
PASSED, APPROVED AND ADOPTED this day of
~2006.
ATTEST
Letlcla Vasquez, Mayor
Andrea Hooper, City Clerk
APPROVED AS TO FORM.
APPROVED AS TO CONTENT
J. Arnoldo Beltran, City Attorney N Ennque Martlnez, City Manager
Luz Mary Lozano
5211 Clara Street, Unit F
Cudahy, California 90201
February 22, 2006
Re Not~ce of Hearing Regarding Adoption of a Resolution
of Necessity to Acquire Property by Eminent Domain
[Cahfornla Code Civil Procedure 1245 235]
Dear Property Owner
1. Notice of Intent of the City of Lynwood to Adopt a Resolution of Necessity. The C~ty
Council of the C~ty of Lynwood intend to consider the adoption of a Resolution of Necessity on March
21,2006 that, if adopted, will authorize the C~ty to acquire the property described herein by eminent
dommn for the proposed replacement park for Ham Park
A copy the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accoinpanles th~s Notice A description of the property (the "Property') being
considered for acquisition ~s attached to the Resolution of Necessity and marked Exhibit A This
property is part of the larger site for the replacement park designed m Exhibits B
2. Notice of Your Right to Appear and Be Heard. Please take notice that the City Council of
the City of Lynwood at regular meeting to be held on Tuesday, March 21, 2006 at 5 00 p m, or as soon
thereafter as the matter may be heard at 11330 Bulhs Road, Lynwood, California, will hold a hearing on
whether such a Resolutmn of Necessity should be adopted, as required by California Code of Civil
Procedure Section 1245 220 for the comme~icement of an eminent domain proceeding to acquire real
property
You have the right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and issues, and to have the City Council give judicious consideration to
your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity
a
c
d
e
Whether the public interest and necessity require the proposed project,
Whether the proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury,
Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the proposed project
Whether the offer required by Government Code section 7267 2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statemenffsummary
weie in a foi m and contained all of the factual information required by Government Code
Section 7267 2(b) A copy ofsectlon 7267 2 in its entirety is attached hereto
Whether the City of Lynwood has complied with all conditions and statutory
reqmremcnts necessary to exercise the power of eminent domain (the "right to take") to
acquire the property described herein, as well as any other matter regarding the right to
take said property by eminent domain, and
f Where the C~ty of Lynwood has statutory authomy to acquire the property by eminent
domain
A copy of thc proposed Resolut~on of Necessity that xvlll be recommended to the City Councd
for adoption accompanies this Notice
Your name appears on the last equalized Los Angeles County assessment roll and as Owner (In
our preliminary title report) of the property reqmred for the proposed project
The authority of the City of Lynwood to acquire the property by eminent dommn for the
proposed project is conferred upon the city by California Constitution Article 1, Section 19, Califorma
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and California Code of Civd
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010 through 1240 050,
1240.110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of law
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice
Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard,
please be advised that you must file a written request with the clerk of the governing board within fifteen
(15) days after this Notxce was mailed You must file your request to be heard at Office of the City
Clerk, 11330 Bulhs Road, Lynwood, California 90262
Should you elect to mail your request to the clerk of the governing board, it must be actually
received by the clerk for filing ~vithln fifteen (15) days after this Notice was mailed
The date of mailing appears at the end of this Notice
California Code of Civil Procedure section 1245 235(b)(3) provides that "failure to file a
written request to appear and be heard within fifteen (15) days after the Notice was mmled will result in
wmver of the right to appear and be heard" on the above matters and issues that are the subject of the
hearing
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount to
be paid for the property will not be considered by the board at this hearing.
If you elect not to appear and not be heard, your failure to appear will be a waiver of
your right to later challenge the right of the City of Lynwood to take the property by eminent
domain.
The amount of the compensation to bo paid for the acquisition of the property ~s not a matter or
~ssue being heard by the City Council at this time Your nonappearance at this noticed hearing wdl not
prevent you from clmm~ng greater compensation, in and as determined by a court of law in accordance
with the laws of the State of Cahfornla Thls Notice is not intended to foreclose future negotiations
between you and the representatives of the City of Lynwood on the amount of compensation to be paid
for your property
If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court
of law the ~ssues that are the subject of this noticed hearing and that are concerned with the right to take
the property by eminent domain
If the City Council elects to adopt the Resolution of Necessity, then within six months of the
adoption of the Resolution, the City of Lynwood will commence eminent dommn proceedings ~n
Superior Court In that proceeding, the Court wall determine the amount of compensation to which you
are entitled
Dated and Mailed On February 22, 2006
City of Lynwood
California Government Code § 7267.2: Establishment of Amount of Just Compensation and Offer
Therefore~ Statement to Owner
(a) Prior to adopting a resolution of necessity pursuant to Section 1245 230 of the Code of Civil
Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish
an mount which It believes to be just compensation therefore, and shall make an offer to the owner or
owners of record to acquire the property for the full amount so established, unless the owner cannot be
located with reasonable diligence The offer may be conditioned upon the legislative body's ratification
of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both In
no event shall the amount be less than the public entity's approved appraisal of the fair market value of
the property Any decrease or Increase in the fair market value of real property to be acquired prior to
the date of valuation caused by the public improvement for which the property IS acquired, or by the
hkehhood that the property would be acquired for the improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant, shall be disregarded In determining
the compensation for the property
(b) The public entity shall provide the owner of real property to be acquired with a written statement
or; and summary of the basis for, the amount it established as just compensation The written statement
and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not
limited to, all of the following information
(1) The date of valuation, highest and best use, and applicable zoning of property
(2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis,
supporting the determination of value
(3) Where appropriate, the just compensation for the real property acquired and for damages to
rernmnIng real property shall be separately stated and shall Include the calculations and narrative
explanation supporting the compensation, including any offsetting benefits
(c) Where the property involved is owner occupied residential property and contains no more than four
residential traits, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon
which the offer IS based The public entity may, but is not required to, satisfy the written statement,
summary, and review requirements of this section by providing the owner a copy of the appraisal on
which the offer is based
(d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of
record to acquire real property for less than an amount which it believes to be just compensation
therefore if (1) the real property is offered for sale by the owner at a specified price less than the amount
the public entity believes to be just compensation therefore, (2) the public entity offers a price which is
equal to the specified price for which the property is being offered by the landowner, and (3) no federal
funds are involved in the acquisition, construction, or project development
(e) As used in subdivision (d), "offered for sale" means any of the following
(1) Directly offered by the landowner to the public entity for a specified price in advance of
negotiations by the public entity
(2) Offered for sale to the general pubhc at an advertised or pubhshed, specified price set no more than
slx months prior to and stall avmlable at the t~me the pubhc entity ~mt~ates contact w~th the landowner
regar&ng the pubhc ent~ty's possible acqms~t~on of the property
EXHIBIT "A"
Legal Description for Subiect Property- Assessor's Parcel Numbers 6186-001-004
The land referred to as the Subject Property is situated ~n the State of Cahfomia, County
of Los Angeles and is described as Lot 4 of Tract 8242 in the C~ty of Lynwood, Bk 115,
Pgs. 55 and 56 of Maps, Records of Los Angeles County
Assessor's Parcel Number 6186-001-004 ~s comprised of Lots 4, 5, 6, and 7
EXH][B'rT "B"
AGNES STREET
LAVIN IA AVENUE
D
EXHTBTT "B"
STREET
L.~¥1NIA AVEII~IE
EXHTBIT "B"
EXHIBIT "C"
RESOLUTION NO. 200~,012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HA~4
PARK REPLACEMENT PRO3ECT CONSISTING OF TEN
(10) ACRES OF LAND INVOLVING APPROXIMATELY
FORTY-ONE (41) PARCELS, BOUNDED ON THE WEST
BY ATLANTIC AVENUE; ON THE EAST BY VIRGINIA
AVENUE; ON THE NORTH BY THE 1-105 (EENTURY)
FREEWAY; AND ON THE SOUTH BY~ PARCELS
LOCATED MID-BLOCK BETWEEN LAVINIA AVENUE
AND CLARK AVENUE. IN ADDITION, THE PARK
WOULD INCLUDE A SMALL AREA BORDERED BY A
ATLANTIC AVENUE TO THE EAST; THE ALLEY OFF
ATLANTIC AVENUE TO THE WEST; AGNES AVENUE TO
THE NORTH; AND LAVINIA AVENUE TO THE SOUTH.
THE PROJECT WOULD INCLUDE ACQUIRING AND
DEMOLISHING A WIDE VARIETY OF LAND USES
INCLUDING SINGLE-FAMILY AND MULTI-FAf4ILY
RESIDENCES, OFFICES, A CHURCH, RETAIL STORES,.
f~IOTELS, RESTAURANTS AND BILLBOARDS. THE
NEW PARK WOULD INCLUDE A SOCCER FIELD, A
BASEBALL FIELD, AN APPROXIMATE 5,.000 S(~UARE
FOOT COMMUNITY BUILDING,. PICNIC TABLES WITH
SHELTERS,. WALKING/BIKING TRAILS, TOT LOT AND
THREE (3) SURFACE PARKING LOTS PROVIDING
APPROXIMATELY 195 PARKING SPACES. THE NEW
PARK IS LOCATED IN THE CITY OF LYNWOOD,.
COUNTY OF LOS ANGELES,. STATE OF CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood pursuant to
law conducted a public hearing on January 11, 2005 and approved the Final
Environmental Impact Report for the Ham Park Replacement Project, and
WHEREAS, the Lynwood City Council has carefully considered all oral and
written testimony offered at the pubhc heanng, and
WHEREAS, the Lynwood City Council has determined that the park
replacement project may have a significant impacts on the environment Specifically,
the project could result in impacts on Population and Housing, Air Quality, Noise,
Water and Hydrology, Pubhc Services and Utilities, V~sual Quahty/Aesthebcs, and
Human Health and Hazardous Materials Mitigation measures, were recommended In
the Draft Environmental Impact Report and would be included as part of the proposed
project The ~nclus~on of the recommended m~bgat~on measures would reduce project
related impacts to below a level of significance, and
WHEREAS, the Lynwood City Council has determined that the Ham Park
Replacemen't Project ~s consistent with the Open Space Land Use Map designation and
consistent with goals and policies set forth ~n the Lynwood General Plan Land Use
Element and Open Space and Conservation Element
EXHIBIT"C"
Section 1
determines as follows
The C~ty Counol of the City of Lynwood hereby finds and
A
The enwronmental review and documentabon contained ~n the Final
Environmental impact Report satisfies all requirements set forth In the
California Enwronmental Quality Act (CEQA) guldehnes
B
The park replacement project ~s consistent with the applicable goals and
pohoes of the Lynwood General Plan Land Use Element and the Open
Space and Conservation Element
C
Proper and reasonable prows~ons are available for adequate parking,
ingress and egress to the park
D
Proper and adequate provisions are available for all public utilities and
public services
E
Mitigation measures in the Final Environmental Impact Report would
reduce potential impacts to levels of insignificance
Section 2 The City Council of the City of Lynwood, based upon the findings
identified above, hereby certifies the Final Environmental Impact Report for the Ham
Park Replacement Project
CERT'rF~[ED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the :tst day of February, 200.5
'-=/~MON RO~IGUEZ, Mayor ~
Ci~ of Lynwood
APPROVED AS TO CONTENT
ANDREA L HOOPER, City Clerk
C~ty of Lynwood
APPROVED AS TO FORH
CIty lV~nager
City of Lynwood
APPROVED AS TO FORN
NOLDO BELTRAN, City Attorney
ity of Lynwood
GRANT TAYL0 ,R'~'~l recto r
Development Services Department
EXHIBIT "C"
S-FATE OF C. ALIFORNIA
COUl'Cl-'f OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the C~t,,, of
Lynwood at a regular meeting held on the :l$~.dayof February, 2005
AYES
COUNCILHEN BYRD. PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES NONE
ABSTAIN NONE
ABSENT NONE
Crty Clerk, City of Lynwood
STATE OF CALIFORNIA
COUNI~K OF LOS ANGELES
)
)ss
)
I, the undersigned, C~ty Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No 2005.012 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated
Dated this 1st day of February
, 2005
City Clerk, City of Lynwood
Notrce of Dete~ iniuation
EXHIBIT "D"
To /X/
From
Subject
Couuty Clerk -
County of Los Angeles
Envnomnental Fdmgs
12400 East hnpenal Highway, #110i
Norwalk, CA 90650
City of Lynwood
Developinent Services Department
11330 Bulhs Road
Lynwood, CA 90262
Flhng of Notice ofDetennmahon m Corr
Code
FIlLED
~ ~' O~'~h>q~~'
~l~a~e w~ih Section 21108 or 21152 of the Pubhc Resources
Ham Park Replacement Prolect
ProJect Title
SCH 2004061141
State Clearinghouse Number
(ff submitted to Cleannghouse)
Grant Taylor
Lead Agency
Contact Person
Project Location The site for the proposed park replacement project
is located at the southeasteru section of the C~ty of Lynwood, just
south of the Century Freeway (Interstate 105 or 1-105) The site
consists of approximately 10 acres, bounded on the east by Virginia
Avenue, on the north by the Century Freeway, on the south by
parcels located mid-block between Lawma Avenue and Clark Street,
and on the west by Atlantic Avenue In addmon, the park would
include a small area bordered by Atlantic Avenue to the east, the
alley off Atlantm to the west, Agnes Avenue to the north, and
Lavmia Avenue to the south The project site is currently developed
with a wide vanety of lmld uses, including single-family and multi-
fmmly residences, offices, a church, retail stores, motels, restaurants,
and billboards
(310) 603-0220 ext 326
Area CodefFelephone
Project Description The proposed project mvolves the constmction
of a new park to replace lotto Ham Memorial Park, which was
previously located at southwest coruer of Martin Luther King, Jr
Boulevard and Wnght Road The former park s~te has been acqmred
by the Lynwood Unified School District for construchon of a new [
Vtcmlty
Map
lngh school The City is plalming a replacement park and is
proposing the acqmsmon and redevelopment of 10 acres of land (involving appv6×mmtely 41 parcels) for the park
replacement FacditIes at the new park would include a soccer field, a baseball field, an approximately 5,000-square-
foot Conmmnity Building, picnic tables with shelters, walkmg/bficmg trads, tot lot, and three surface parking lots with
approxmlately 195 parking spaces The portion of the park that would be located on the west side of Atlantic Avenue
is anticipated to be used as a tot lot ~qd parking area In order to accommodate this project, the City would need to
acquire the affected parcels, demohsh exmting structures, vacate of the public rights-of-way for the segnmnts of
Josephine Street and Lamina Avenue between Atlantm Avenne and V~rglnia Avenue, and construct the proposed
faciImes
013 00137g$
crnc vm'm EXHIBIT
EXHIBIT "D'
'1 his is to advise that the Lu/wood C~ty Conned apploved the above-described ploject on
/X/Lead Agency / / Responsible Agency
Febmar,z 1, 2005_and has raade the following detemnnatrans legardrag the above described project
/X/The proJect will have a s~gmficant elfect on thc envlroranent
2 /X/An Envlroltmental hnpact Report was prepared for this project pursuant to the provisions of
C Q^
//A Negative Declaration was prepared for th~s project pumuant to the provis~ons of CEQA
3 /X/M~tlgatlon measures were made a condmon of the approval of the project /
4 //A Statement of Overndrag Considerations was adopted for thts project
5 /X/ Findings were raade pursuant to the provisions of CEQA
This ~s to certify that the Final and Draft EIR, with comments m~d responses, and the records of proJect approval are
available to the General Public at
City of Lynwood
Development Setwmes Department
11330 Bulhs Road
Lynwood, CA 90262
Director of Development Services
Date Title
EXHYBIT "D"
CERrl IFICATE OF FEE EXEMPTION
De Mmmnx Im£act Fro&nS
Project Tltle/Locatlou (include County)
Ham Park Replacement ProJect
City of Lynwood, County of Los Angeles, Cahforu~a 90262
Name and Address of Project Applicant
City of Lynwood
Development Services Department
11330 Bulhs Road
Lyuwood, CA 90262
Projec, t Description The proposed project revolves the construction of a new park to replace John Ham Memorial
Park, which was previously located at southwest coruer of Martin Luther IGng, Jr Boulevaid and Wright Road
The former park site has been acquired by the Lyn;vood Unified School Dlstrmt for construction of a new high
school The City is planning a replacement park and is proposing the acquisition and redevelopment of 10 acres of
land (revolving approximately 41 parcels that are currently developed with various residential and commercial
uses) for the park replaceinent Famlmes at the new park would include a soccer field, a baseball field, an
approximately 5,000-square-foot Community Building, picnic tables with shelters, walking/biking trails, tot tot,
and three surface parking lots with appruxnnately 195 parking spaces The portmn of the park that would be
located on the west side of Atlantm Avenue Is anticipated to be used as a tot lot and parking area In order to
accommodate this project, the City would need to acquire the affected pamels, demolish existing structures, vacate
of the public rights-of-way for the segments of Josephine Street and Lavmia Avenue between Atlantm Avenue and
Virginia Avenue, and construct the proposed facilities
Findings of Exemphon
An Environmental hnpact Report (EIR) has been prepared by the Lead Agency to evaluate the project's
effects on wildlife resources, if any
2 The Lead Agency hereby finds that there is no evidence before the City that the project will have any
potential for adverse effect on the envn-onment, ;wth the implementation ofmiUgatlon measures
3 The project site is highly urbanized and the project will not result in any changes to the following
resources
(A) Riparian land, nvem, streams, watercourses and wetlands,
(B) Native and non-native plant life and the soil required to sustain habitat for fish and wfldhfe,
(C) Rare and unique plant life and ecological communities dependant on plant life,
(D) Listed threatened'and endangered plants and animals and the habitat in which they are beheved to
reslde,
(E) All species listed as protected or identified for special management in the Fish and Game Code, the
Public Resources Code, the Water Code or regulations adopted thereunder,
(F) All marine and terrestrial species subject to the jurisdiction of the Department of F~sh and Game
and the ecological conunumtles in which they reside, and
(G) All air and water resources, the degradation of which will mthvldually or cumulatively result in a
loss of biological diversity among the plants and animals residing in that an and water
CERTIFICATION
I hereby certify that the City of Lynwood, Development Services Department, as the Lead Agency, has made
the above finding(s) of fact and based upon the EIR and the heanng record, the project will not individually or
cumulatively have an adverse effect on wildlife resources, as defined in Section 711 2 of the Fish and Game Code
Eead Agency Re'rant Taylor O~J 0013723
Title Director of Developme,at Services
Lead Agency City of Lymvood, Development Services Dept Date February 1, 2005
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21,2006
Honorable Mayor & C~ty Council Members
N Ennque Marbnez, City Manager F~,~
Grant Taylor, Director of Development Services
J Arnoldo Beltran, C~ty Attorney
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
NECESSITY FOR THE ACQUISITION 1N EMINENT DOMAIN OF THE REAL
PROPERTY IDENTIFIED AS APN 6189-019-060 AND 6189-019-061, LOCATED
AT 11800 AND 11808 ATLANTIC AVENUE, LYNWOOD, CALIFORNIA 90262,
IN CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK
FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED BY
LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF
THE MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Recommendations:
2
Open and conduct a pubhc hearing on the adoptton of the proposed Resolutton of
Necessity, receive from Staff the ewdence stated and referred to ~n this report,
take testimony from any person wmh~ng to be heard on the matter
If the Ctty Counctl finds, based upon the evidence contmned ~n and referred to tn
this report and the testimony and comments received during the pubhc heanng,
that the ewdence supports the necessary findings w~th respect to the Resolution of
Necesstty, then the staff recommends that the C~ty Councd, ~n the exercise of~ts
d~screUon, adopt the proposed ResoluUon entitled, "A RESOLUTION OF
NECESSITY OF THE CITY OF LYNWOOD, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, IN CONNECTION WITH THE
DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK", and authorize C~ty Staff and the C~ty Attorney's office to
take all necessary steps to file and prosecute an emtnent dommn proceeding to
acqmre the fee simple tnterest ~n the real property commonly known as 11800 and
11808 Attanttc Avenue, Lynwood, Cahforma 90262, tdenUfied as Assessor's
Parcel Numbers 6189-019-060 and 6189-019-061 (referred to hermnafler as the
"SubJect Property") The Subject Property ~s more fully described ~n the legal
descnpuon attached as Exlmbtt "A" to the ResoluUon of Necessity and deptcted
on the s~te maps attached as Exh~btt "B" to the Resoluuon of Necessity Exhibits
"A" and "B" are incorporated hereto by thts reference
AGENDA
ITEM
IZ
Executive Summary:
The proposed project ("ProJect') involves the construction of a new park to replace John
l-lam Park Memorial Park ("Ham Park"), which was previously located at the southwest
corner of Martin Luther King, Jr Boulevard and Wright Road The former park s~te was
acquired by the Lynwood Unified School District for construction of a new high school
The City Is planmng a replacement park and ~s proposing the acquisition and
development of 10 acres of land (involving approximately 44 parcels) (all parcels jointly
referred to as the ~'Site") for the Project Facilities at the new park would include a soccer
field, a baseball field, an approximately 5,000-square-foot Community Building, picnic
tables with shelters, walking/biking trails, tot lot, and three surface parking lots with
approximately 195 parking spaces The portion of the park that would be located on the
west side of Atlantic Avenue is anticipated to be used as a tot lot and parking area In
order to accommodate the Project, the City needs.to acquire the affected parcels,
demohsh existing structures, vacate the public rights-of-way for the segments of
Josephine Street and Lavmla Avenue between Atlantic Avenue and Virginia Avenue, and
construct tbe proposed facilities
The City lost Ham Park nearly three years ago to the Lynwood Unified School District
("LUSD") LUSD acquired the property by way ora three party agreement with the City
and the County of Los Angeles as the other two parties As part of the acquisition
process, the California State Allocation Board made available to the City a limited
amount of funds that were to serve for the acquisition of replacement property for the
construction of the Ploject The SubJect Property is part of the Site and its acquisition is
sought for public purposes, namely the construction of the new park, and all uses
necessary or convenient to the operation of the replacement park for said purposes,
pursuant to California Constitution Article i, Section 19, California Government code
Sections 37350, 37350 5, 37351,40401 and 40404, and California Code of Civil
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010
through 1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and
other provisions of law
As explained more fully below in the Background section, the Project constitutes an
effort by the City to replace park and open space for the Lynwood residents
Construction of the replacement park will enable the City to once again offer additional
programs at the new park and perimt the residents of Lynwood to enjoy 10 acres of open
space for a multitude of recreational activities
The legal description of the SubJect Property is attached as Exhibit "A" to the Resolution
of Necesslty and depicted on Exhibits "B" to the Resolution of Necessity The proposed
Resolution of Necessity, together with Exhibits "A" and "B", are attached to this Staff
Report, and are incorporated herein by thls reference The public hearing on the
proposed Resolution of Necessity has been duly noticed
The City has extended an offer pursuant to the reqmrements of Government Code Section
7267 2 et seq to the owner of record of the Subject Property, but the owner has rejected
the City's lmtlal offer Negotiat~ons are ongoing, but no negotiated sale has been
reached Based on the legal mandate under the Pubhc Park Preservatlon Act of1971 and
the urgent need for park and open space in the City (the City of Lynwood was already
short of the required open and park space for its residents prior to the loss of Ham Park
Nearly three years have now elapsed since the loss of the 10 acres of open and park space
that made up Ham Park), it is necessary that the City Council consider at this time the
adoption of the Resolution of Necessity for the acquisition of the Subject Property by
eminent domain In order to adopt the Resolution of Necessity the City Council must
find and determine that
1
2
3
4
The public interest and necessity require the ProJect
The Ploject ss planned or located in the manner that will be compatible with
the greatest public good and least private injury
The Subject Property described in the Resolution of Necessity IS necessary for
the Project
The City has made the offer required by Goveriunent Code Section 7267 2 to
the owner of record of the Subject Property
This hearing relates to issues 1, 2, 3, and 4 above The amount of just compensation is
not an issue before the City Council at this hearing
Background:
The City of Lynwood contains approximately 4 9 square miles of surface area Based on
State of California guidelines the City is deficient in open spaces and parks
Notwithstanding this shortage of open spaces, on September 2, 2003 the City entered into
negotiations with the LUSD and the County of Los Angeles for the LUSD to acquire
Ham Park for the construction of a h~gh school As part of the negotmtlons 'the part~es
entered into a three party agreement which resulted m the City and County of Los
Angeles being recipients of funding provided by the State of California State Allocation
Board for the acquisition of replacement property for Ham Park and construction of the
new park
The loss of Ham Park resulted in the City discontinuing a multitude of programs offered
to residents of all ages at the former park This public function continues to go unmet in
large part until the replacement park can be operational
Based on the legal requirements of the Public Park Preservation Act of 1971 and the
obligations of the City to the County of Los Angeles (Ham Park was, at one time, a
County of Los Angeles park and the County's consent was required before the City could
transfer Ham Park to LUSD), the City worked on the relocation of Ham Park for many
month before settling on the Site Once a site was identified, the City retained the
services of a consultant to assist with the preparation of an environmental impact report
and a second consultant to manage the acquisition and relocation effort at the Site
Subsequent to the completion of an Environmental Impact Report and approval of the
same, the C~ty began its acquisition process of the properties at the Site To date, the
3
efforts of the City have resulted In the acquisition of 26 properties where escrow has
closed, 13 properties in escrow pending closing of same, and 5 properties on which no
agreement has been reached and which will be the subject of consideration of resolutions
of necessity by the Council
Discussion & Analysis:
Descnptton of the Proposed Prolec~t
The ProJect constitutes the City's eftbrt to comply with California law and the terms and
conditions of a three party agreement entered into with the LUSD and the County of Los
Angeles for the replacement of Ham Park Under the terms of the Pubhc Park
Preservatmn Act of 1971, the Cxty has an obhgatmn to replace Ham Park Moreover, the
obligation to do so must meet specific and stnngent requirements such that the
replacement park must be located in an area designed to serve generally the same persons
with land of comparable characteristics and of substantially the same size served by the
former Ham Park This requirement made it imperative for the C~ty to identify suitable
property tn the ~mmedmte nmghborhood of the former Ham Park
The ProJect consists of the acquisition of approximately 10 acres of real property
currently devoted to residential, commercial and other uses Including public rights of way
for the construction of the replacement park The Executive Summary, above, provides a
detailed rewew of the ProJect
Environmental Review Process and Analvsi~
As part of enwronmental review process for the Project, the City of Lynwood determined
that the proposed Ham Park Replacement Project would likely have significant adverse
enwronmental effects The analysis ~ndicated that the proposed project could result in
stgmficant adverse effects on a number of areas and an EIR would have to be prepared.
In accordmrce with the California Environmental Quality Act ("CEQA"), the City of
Lynwood c~rculated a Notice of Preparation ("NOP") of a Draft Enwronmental Impact
Report ("EIR") on June 23, 2004 (found in Appendix A to the draft EIR), to inform other
agencies, specml districts, surrounding crees, and other ~nd~wduals that the C~ty intended
to prepare an EIR for the proposed project The purpose of the NOP was to solicit
guidance from various agencies regarding the scope and content of the environmental
~nformat~on to be included In the final EIR Agencies and individuals receiving copies of
the NOP had 30 days to respond Concerns raised in the responses to the NOP are
presented in letters provided as Appendix B to the final EIR and have been addressed m
the final EIR A Scoping Meeting was held on July 15, 2004 to discuss the project and
the environmental review process and to sohcit comments on the environmental analysis
to be included in the final EIR The written comments received at the Scoping Meeting
are provided In the draft EIR
The final EIR was presented to the Lynwood City Council at a duly not~ced public
hearing on February 1, 2005 and the same was approved by a 5-0 vote of the City
Council C~ty Councd Resolution 2005 012 certifying the final Environmental Impact
Report and Notice of Detenmnatlot~ filed with Los Angeles County Clerk are attached
hereto as Exhibits "C" and "D" and are incorporated herein by this reference
Actions of City Pursuant to Government Code Section 7267 et seq_
Pursuant to Govermnent Code Section 7267 et seq, the City of Lynwood obtained a fair
market appraisal on the Subject Property, set just compensation in accordance therewtth
and extended a written offer letter on May 31, 2005, to Tacos Mexico, Inc, the owner of
record of the SubJect Property together with the accompanying statement and summary of
the basis for the amount estabhshed as just compensation A true and correct copy of the
offer letter is on file In the Development Services Department of the City of Lynwood
and is incorporated in this Staff Report by this reference That offer was rejected by
Tacos Mexico, lnc, and to date, no negotiated purchase has been consummated The
need to complete the ProJect and the schedule for the same require that the C~ty Council
consider the proposed Resolution of Necessity at this time
Necessary Flnd~gs for Adoption ofResolutlon of NecessttE
To adopt the proposed Resolution of Necesstty, the City Council must find and determine
that
1 The public interest and neccsstty require the Project
2 The Project is planned or located in the manner that will be compatible with the
greatest public good and least private inJury.
3 The SubJeCt Property described in the Resolution ofNecesstty ~s necessary for the
ProJect
4 The City has made the offer required by Government Code Section 7267 2 to the
owner of record of the Subject property
The Public Interest and Necessity Reflmre the Project
As set out in the Executive Summary above, the City seeks to acquire the SubJect
Property for a pubhc purpose The SubJect Property is part of the land area reqmred for
the construction of a replacement park for Ham Park The Ctty intends to construct a
park tn the approximately 10 acres of whmh the Subject Property m a part, a public use,
and in connectio~ therewith acquire interests in certain real property Said public use is a
governmental function of the City of Lynwood The City is obligated to construct the
park because Ham Park was taken by the Lynwood Unified School District for the
construction of a new high school With the loss of Ham Park the City, which was
already underserved by parks and opcn spaces, cannot meet ~ts responsibilities to
residents for open space and recreational facilities as well as its legal obligations under
the Public Park Preservation Act of 1971
More particularly, the City of Lynwood proposes construction of the replacement park to
meet the following pubhc purposes
5
· To provide needed park space in the City, as identified in the Lynwood
General Plan,
· To provide active and passive recreation opportunities for the residents of
Lynwood,
· To provide a replacement park of comparable size and acttve and passive
recreational amenities of the original Ham Park, and,
To encourage the economic and physical redevelopment and revitalization
of the surrounding project area and the community as a whole
The Prolect is Planned or Located in the Manner that will be Compatible with the
Greatest Public Good and Least Private Inlury
The SubJect Property is necessary for the construction of the replacement park for Ham
Park The SubJect Property, on the southeast corner of Atlantic Avenue and Josephine
Street, is part of the Site necessary to complete the replacement park and to ensure that
the acreage lost by the acquisition of Ham Park is replaced as required by the Public Park
Preservation Act Cal Pub Res Code Sec 5407 1 The City conducted a number of
studies to determine the location for the replacement park The City's search was limited
in light of the provisions of the Public Park Preservation Act of 1971 which mandates
that parks be replaced within the area that will serve the same population as the previous
park served This legal mandate, the limited surface area of the City and the already
existing pubhc sites such as schools and other similar uses, limited the possible location
of the replacement park The selection of the site for the ProJect wall cause the least
amount of private inJury in that the city will be able to use other public lands, the public
right of way such as streets and intrude in the least possible amount into the
neighborhood intended to be served by the replacement park
The Sublect Property Interest Described in the Resolution of Necessity is Necessary for
the Prolect
The proposed action consists of the acquisition of the fee simple interest in the properties
located at 11800 and 11808 Atlantic Avenue, Lynwood, California 90262, identified as
Los Angeles County Assessor's Parcel Numbers 6189-019-060 and 6189-019-061 As
set forth above, the SubJect Property is necessary for the Project, and the replacement
park cannot be completed ~n the manner required by law without the acquisition of the
Subject Property and inclusion of the same in the Project
The City Made the Offer Reqmred by Government Code Section 7267 2 to the Owner of
Record of the Sublect Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtained and approved a fair
market value appraisal of the SubJect Property, set just compensation m accordance with
the approved appraisal and extended a written offer on May 31, 2005, to the owner of
record of the Subject Property, Tacos Mexico, Inc A true and correct copy of the offer
letter is on file with the Development Services Department of the City of Lynwood and is
incorporated into this report by this reference The owner of the SubJect Property
rejected the offer, and the parties have not reached a negotiated purchase at this tm~e.
6
Conclusion:
Adoption of the Resolution of Necessity will authorize the City Attorney's office and
Staff to take all actions necessary for the City to acquire the SubJect Property so that the
Project may be completed as soon as possible to provide the residents of the City the
open space and recreational opportunities lost when Ham Park was taken by LUSD
As noted above, this hearing relates only to issues 1, 2, 3, and 4 above The amount of
just compensatmn ts not an issue before the City Council at this heanng
ADMINISTRATIVE RECORD:
All documents, exhibits, appendices and reports identified in this Staff Report, and all
documents any such items rely upon for their analysis, conclusions and
recommendations, are hereby incorporated by reference and constitute the Administrative
Record of the pubhc hearing on the Resolution of Necessity
The Administrative Record is avmlable for review with the Director of the Development
Services Department, City of Lynwood
Fiscal Impact:
Funding 1S included as part of the Ham Park Replacement ProJect budget
Coordinated With:
City Manager's Office
Finance Department
City Attorney's Office
Development Services Department
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK
Section 1. The City of Lynwood is a municipal corporation in the County of
Los Angeles, State of California
Section 2. The real property (the "SubJect Propelty") described m section 3 of this
Resolution is to be taken for a pubhc use, namely to provide land for the constructmn of a
replacement park for John Ham Memorial Park ("Ham Park"), and all uses necessary and
convenient thereto, pursuant to the authority conferred upon the City of Lynwood to acqmre
property by elmnent dommn by Cahforma Const~tutmn Article 1, Section 19, Cahforma
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and Cahfornla Code of
Civil Procedure Section 1230 010 et seq, ~ncludlng but not limited to Sections 1240 010 through
1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of
law
Section 3. The real property interest sought to be taken is a fee simple interest
for the assembling of sufficient land (all parcels reqmred constitute the "S~te") to
construct a replacement park for Ham Park on the property located at the Site (the
"Project") The Subject Property is generally known as 11800 and 11808 Atlantic
Avenue, Lynwood, California 90262, Los Angeles County Assessor's Parcel Ntunbers
6189-019-060 and 6189-019-061 The legal description of the SubJect Property is
attached as Exhibit "A" to this Resolnt~on and the Subject Property is depicted on the
diagram attached as Exhibit "B" to this Resolution Said exhibits are incorporated
herein by this reference The Subject Property m required for the construction of the
replacement park, which use is a pubhc use and said use is a public function of the City
of Lynwood
Section 4. The acquisition of the SubJect Property 1s reqmred to carry out and
make effective the principal purpose of the Project. A general description of the Project
~s set forth in the Staff Report dated March 21, 2006, and the evidence, reports, and
documents cited ~n that Staff Report are all incorporated herein by this reference, and
Section 5. In terms of the potentla! enmronmental impacts, the City of
Lynwood prepared an Environmental Impact Report ("EIR") dated January 2005. The
EIR ~vas the subject of a public hearing on February 1, 2005 for which notice of a
public hearing was published on December 30, 2004 The City Council of the City of
Lynwood approved the EIR at said hearing Construction of the ProJect will be carried
out ~n compliance with the findings and determination set out in the EIR
Section 6. The City of Lynwood City Council hereby FINDS, DETERMINES,
DECLARES, ORDERS AND RESOLVES as follows
A The Public Interest and Necessity Require the Prolect Because the CIW Seeks to Acquire
the Subject Property for A Public Purpose
As set out in the Executive Summary of the Staff Report, the City seeks to acquire the Subject
Property for a pubhc purpose The SubJect Property is part of the Site reqmred for the
construction of a replacement park for Ham Park The City Intends to construct a park in the
approximately 10 acres that make up the Site a~nd of which the Subject Property ~s a part, such
use of the Site and SubJect property Is a public use, and in connection therewith the C~ty must
acqmre the SubJect Property Said pubhc use is a governmental function of the City of Lynwood
The City is obligated to construct the park because Ham Park was taken by the Lynwood Unified
School District for the construction of a new high school With the loss of Ham Park the City,
which was already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facilities
B The Prolect is Plammd or Located ~n the Manner that will be Compatible with the
Greatest Public Good and Least Private Injury_
The SubJect Property is necessary for the construction of the replacement park for Hain Park
The Subject Property, on the southeast corner of Atlantic Avenue and Josephine Street, is part of
the S~te necessary to complete the replacement park and to ensure that the acreage lost by the
acquls~tion of Ham Park is replaced as required by the Public Park Preservation Act Cal Pub
Res Code Sec 5407 l The City conducted a number of studies to determine the location for the
replacement park The C~ty's search was limited m light of the provisions of the Public Park
Preservation Act of 1971 which mandates that parks be replaced within the area that will serve
the same population as the previous park served This legal mandate, the limited surface area of
the City and the already existing public sites such as schools and other slmdar uses, limited the
possible location of the replacement park The selection of the Site for the ProJect m beheved to
cause the least amount of private injury in that the City ~vlll be able to use other public lands, the
pubhc right-of-way such as streets and intrude in the least possible amount into the neighborhood
intended to be served by the replacement park
C The Sublect Property Described in the Resolution of Necessity is Necessary for the
Prqlect
The proposed action consists of the acquisition of the fee simple interest in the property located
at 11800 and 11808 Atlantic Avenue Lynwood, California 90262, identified as Los Angeles
County Assessor's Parcel Numbers 6189-019-060 and 618%019-061 As set forth above, the
SubJect Property is necessary for the ProJect, and the replacement park cannot be completed in
the manner required by law without the acquisition of the SubJect Property and inclusion of the
same in the Project
D The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Property It Seeks to Acquire
Pursuant to Government Code Section 7267 et seq, the City obtained and approved a fair market
value appraisal of the SubJect Property, set just compensation in accmdance with the approved
apprmsal and extended a written offer together w~th the accompanying statement of and
summary of the basis of the amount established as just compensation, on May 31, 2005, to the
owner of record of the SubJect Property, 11800 and 11808 Atlantic Avenue, Lynwood,
Cahfomla 90262 Said offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code Section 7267 2(b) A true
and correct copy of the offer letter is on file in the Development Services Department of the City
of Lynwood and is incorporated into this report by this reference The owner of the Subject
Property rejected the offer, and the parties have not reached a negotiated purchase at this time
Section 7 The City has complied with the notice requirements of Code of Civil
procedure Section 1245 235
Section 8. The findings and declarations contained in this Resolution are based on the
record before the City Council on March 21, 2006 when it adopted this Resolution, including the
Staff Report dated March 2l, 2006, all documents referenced and incorporated in the Staff
Report, the testimony at the hearing, and the records and documents prepared in cmmectlon with
the ProJect, all of which are incorporated in th~s Resolution by this reference
Section 9 The City Councd of the City of Lynwood authorizes and d~rects the C~ty
Attorney's office and Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire by eminent domain the real property
interests described m Exhibit "A" attached hereto
Section 10. This Resolution shall take effect upon adoption
Section 11. The City Clerk shall certify the adoption ofthls Resolution and shall cause
this Resolution and her certification to be entered in the Book of Resolutions of the City Council
of this City
PASSED, APPROVED AND ADOPTED this __ day of
,2006
ATTEST-
Letlma Vasquez, Mayor
Andrea Hooper, City Clerk
APPROVED AS TO FORM
APPROVED AS TO CONTENT
J Arnoldo Beltran, City Attorney
N EnnqueMartlnez, City Manager
Tacos Mexico, Inc
5120 East Olympic Blvd
Los Angeles, California 90022
February 22, 2006
Re: Notice of Hearing Regarding Adoption of a Resolution
of Necessity to Acquire Property by Eminent Dommn
[California Code Civil Procedure 1245 235]
Dear Property Owner
1. Notice of Intent of the City of Lynwood to Adopt a Resolution of Necessity. The City
Council of the City of Lynwood intend to consider the adoption of a Resolution of Necessity on March
21,2006 that, if adopted, will authorize the City to acquire the property described herein by eminent
domain for the proposed replacement park for Ham Park
A copy the proposed Resolution of Necessity that will be recommended to the City
Council for adopnon accompames this Notlce A description of the property (the "Property") being
considered for acquisition is attached to the Resolution of Necessity and marked Exhibit A This
property is part of the larger site for the replacement park designated in Exhibits B
2. Notice of Your Right to Appear and Be Heard. Please take notice that the City Council of
the City of Lynwood at a regular meeting to be held on Tuesday, March 21, 2006 at 5 00 p m, or as
soon thereafter as the matter may be heard at 11330 Bulhs Road, Lynwood, California, w~ll hold a
hearing on whether such a Resolution of Necessity should be adopted, as reqmred by Cahfomm Code of
Civil Procedure Section 1245 220 for the commencement of an eminent domain proceeding to acquire
real property
You have the right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and issues, and to have the City Council give judicious consideration to
your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity
a Whether the public interest and necessity require the proposed project,
Whet'_ner the proposed project ~s planned or located m the manner that will be most
compatible with the greatest public good and the least private injury,
c Whether the property sought to be acquired by eminent domain and described in the
Resolution of Necessity is necessary for the proposed project
d Whether the offer required by Government Code section 7267 2(a), together with the
accompanying statement and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
were in a form and contmned all of the factual lnfonnatmn required by Government Code
Section 7267 2(b) A copy of section 7267 2 in its entirety is attached hereto
e Whether the C~ty of Lynwood has complied with ail conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to take") to
acquire the propeIly described herein, as well as any other matter regarding the right to
take said property by eminent domain, and
f Where the City of Lynwood has statutory authority to acquire the property by eminent
domain
Your name appears on the last equalized Los Angeles County assessment roll and as Owner (in
our preliminary t~tle report) of the property required for the proposed project
The authority of the City of Lynwood to acquire the property by eminent domain for the
proposed project ~s conferred upon the c~ty by Cahfornia Constitution Article 1, Section 19, Cahforma
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and Cahforma Code of C~vd
Procedure Section 1230 010 et seq, Including but not limited to Sections 1240 010 through 1240 050,
1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other prowsIons oflaw~
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Not~ce
Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard,
please be advised that you must file a written request with the clerk of the governing board within fifteen
(15) days after this Notice ~vas mailed You must file your request to be heard at Office of the City
Clerk, 11330 Bulhs Road, Lynwood, California 90262
Should you elect to mail your request to the clerk of the governing board, it must be actually
recmved by the clerk for filing within fifteen (15) days after this Notice was mmled
The date of mmhng appears at the end of this Not~ce
Cahforma Code of Clvll Procedure section 1245 235(b)(3) provides that "failure to file a
written request to appear and be heard within fifteen (15) days after the Notice was mailed w~ll result in
waiver of the right to appear and be heard" on the above matters and issues that are the subject of the
hearing
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount to
be paid for the property will not be considered by the board at this hearing.
If you elect not to appear and not be heard, your failure to appear will be a waiver of
your right to later challenge the right of the C~ty of Lynwood to take the property by eminent
domain.
The amount of the compensation to be paid for the acqmsltlon of the property is not a matter or
issue being heard by the City Council at this t~me Your nonappearance at th~s noticed hearing will not
prevent you from claiming greater compensation, in and as determined by a court of law in accordance
with the laws of the State of Cahfornla This Not~ce is not intended to foreclose future negotiations
between you and the representatives of the C~ty of Lynwood on the amount of compensation to be paid
for your property
If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court
of law the issues that are the subject of this noticed hearing and that are concerned w~th the right to take
the property by eminent domain
If the City Council elects to adopt the Resolutmn of Necessity, then w~th~n six months of the
adoption of the Resolution, the City of Lynwood will commence eminent domain proceedings in
Superior Court In that proceeding, the Court will determine the amount of compensation to which you
are entitled
Dated and Mmled On February 22, 2006_
City of Lynwood
California Government Code § 7267.2: Establishment of Amount of Just Compensation and Offer
Therefore; Statement to Owner
(a) Prior to adopting a resolution of necessity pursuant to Section 1245 230 of the Code of Civil
Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish
an amount which it believes to be just compensation therefore, and shall make an offer to the owner or
owners of record to acquire the property for the full mount so estabhshed, unless the owner cannot be
located with reasonable diligence The offer may be conditioned upon the legislative body's ratification
of the offer by execution of a contract of acqmsltlon or adoption ora resolution of necessity or both In
no event shall the amount be less than the pubhc ent~ty's approved apprmsal of the fair market value of
the property Any decrease or increase in the fair market value of real property to be acquired prior to
the date of valuation caused by the pubhc improvement for which the property is acquired, or by the
likelihood that the property would be acquired for the improvement, other than that due to physical
deterioratmn within the reasonable control of the owner or occupant, shall be disregarded in determining
the compensation for the property
(b) The public entity shall prowde the owner of real property to be acquired with a written statement
of, and summary of the basis for, the amount it established as just compensation The written statement
and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not
limited to, all of the followlng information
(I) The date of valuation, highest and best use, and applicable zoning of property
(2) The principal transactions, reproduction or replacement cost analysis, or capitahzatlon analysis,
supporting the determination of value
(3) Where appropriate, the just compensation for the real property acquued and for damages to
remmnmg real property shall be separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting benefits
(c) Where the property involved is owner occupied residential property and contains no more than four
residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon
which the offer is based The pubhc entity may, but is not required to, satisfy the written statement,
summary, and review requirements ofth~s section by providing the owner a copy of the appraisal on
which the offer is based
(d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of
record to acquire real property for less than an amount which it believes to bejust compensation
therefore If(l) the real property is offered for sale by the o~vner at a specified price less than the amount
the public entity believes to be just compensation therefore, (2) the public entity offers a price which is
equal to the specified price for which the property is being offered by the landowner, and (3) no federal
funds are ~nvolved in the acqmslt~on, construction, or project development
(e) As used in subdivision (d), "offered fm sale" means any of the foltowmg
(l) Directly offered by the landowner to the public entity for a specified price in advance of
negotiations by the public entity
(2) Offered for sale to the general public at an advertised or published, specified price set no more than
six months prior to and still available at the time the public entity tmtlates contact w~th the landowner
regarding the public entlty's possible acqmslnon of the property
EXHIBIT "A"
Legal Description for Subiect Proper ,ty- Assessor's Parcel Numbers 6189-019-060
and 6189-019-061
The land referred to as the SubJect Property ts s~tuated ~n the State of Cahforma, County
of Los Angeles and ~s described as Lots 1 and 2 of Tract No 5686 ~n the Cxty of
Lynwood, Bk 62, Pg 69 of Maps, Records of Los Angeles County The s~ze of the land
~s 16,775 square feet, more or less
EXHIBYT "B"
JOSE
AGNESSTREET
LAVINIA AVENUE
El
EXHIBIT "B"
STREET
I
m{
m
EXHIBIT
FR£E'WAy
I- I05
LA¥1~IA AVENUE
EXHIBIT "B'
m
EXHIBIT "C"
RESOLUTION NO. 2005.0]2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HAM
PARK REPLACEMENT PROJECT CONSISTING OF TEN
(10) ACRES OF LAND INVOLVING APPROXIMATELY
FORTY-ONE (41) PARCELS, BOUNDED ON THE WEST
BY ATLANTIC AVENUE; ON THE EAST BY VIRGINIA
AVENUE) ON THE NORTH BY THE 1-105 (CENTURY)
FREEWAY) AND ON THE SOUTH BY PARCELS
LOCATED MID-BLOCK BETWEEN LAVINIA AVENUE
AND CLARK AVENUE. IN ADDITIONf THE PARK
WOULD INCLUDE A SMALL AREA BORDERED BY A
ATLANTIC AVENUE TO THE EAST) THE ALLEY OFF
ATLANTIC AVENUE TO THE WEST) AGNES AVENUE TO
THE NORTH) AND LAVINIA AVENUE TO THE SOUTH.
THE PROJECT WOULD INCLUDE ACQUIRING AND
DEMOLISHING A WIDE VARIETY OF LAND USES
INCLUDING SINGLE-FAMILY AND MULTI-FAMILY
RESIDENCES, OFFICES, A CHURCH, RETAIL STORES~
MOTELS, RESTAURANTS AND BILLBOARDS. THE
NEW PARK WOULD INCLUDE A SOCCER FIELD, A
BASEBALL FIELD~ AN APPROXIMATE 5,000 S(~UARE
FOOT COMMUNITY BUILDING~ PICNIC TABLES WITH
SHELTERS~ WALKING/BIKING TRAILS, TOT LOT AND
THREE (3) SURFACE PARKING LOTS PROVIDING
APPROXIMATELY 195 PARKING SPACES. THE NEW
PARK IS LOCATED IN THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Planmng Commission of the C~ty of Lynwood pursuant to
law conducted a public hearing on January 11, 2005 and approved the F~nal
Enwronmental Impact Report for the Ham Park Replacement Project, and
WHEREAS, the Lynwood City Council has carefully considered all oral and
wntten testimony offered at the pubhc hearing, and
WHEREAS, the Lynwood City Council has determined that the park
replacement projeCt may have a s~gn~ficant ~mpacts on the environment Specifically,
the project could result in ~mpacts on Population and Housing, Air Quality, Noise,
Water and Hydrology, Public Services and Utilities, V~sual Quallb//Aesthetlcs, and
Human Health and Hazardous Materials (vlltigatlor~ measures were recommended ~n
the Draft Environmental ]mpact Report and would be included as part of the proposed
project The inclusion of the recommended mitigation measures would reduce project
related ~mpacts to below a level of significance, and
WHEREAS, the Lynwood City Councd has determined that the Ham Park
Replacement Project ~s consistent with the Open Space Land Use Map designation and
consistent with goals and pohcles set forth in the Lynwood General Plan Land Use
Element and Open Space and Conservation Element
EXHIBIT "C'
Section I The City Council of the City of Lynwood hereby finds and
determines as follows
A
The enwronmental rewew and documentabon contained ~n the F~nal
Environmental Impact Report satisfies all requirements set forth in the
California Environmental Quality Act (CEQA) guidelines
B
The park replacement project is consistent with the applicable goals and
pohc~es of the Lynwood General Plan Land Use Element and the Open
Space and Conservation Element
C
Proper and reasonable provisions are avadable for adequate parking,
~ngress and egress to the park
D
Proper and adequate prows~ons are avaffable for all pubhc utlhbes and
pubhc services
E
Mit~gat~on measures ~n the F~nal Environmental [mpac"c Report would
reduce potential ~mpacts to levels of insignificance
Section 2 The City Council of the City of Lynwood, based upon the findings
identified above, hereby certifies the Final Enwronmental ][mpact Report for the Ham
Park Replacement Project
CERTIFIED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 1St day of Februaryt 2005
A]q-EST / ~//~~/ ~~- ~
'--/~MON ROD~IGUEZ, Mayor -- 3
C~W of Lynwood
APPROVED AS TO CONTENT
ANDREA L HOOPER, City Clerk
C~ty of Lynwood
APPROVED AS TO FORM
~"~er-} m ~n ager
C~ty of Lynwood
APPROVED AS TO FORM
RNOLDO BELTRAN, City Attorney
ity of Lynwood
G~ANT TAYLO ,~lrector
Development Services Department
EXHIBIT "C"
STATE OF CALIEORNIA
COUN]~( OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the C~ty Council of the City of
Lynwood at a regular meeting held on the ~.st day of February, 2005
AYES
COUNCILHEN BYRD, PEDROZA, SANTILLAN. VASQUEZ AND RODRIGUEZ
NOES NONE
ABSTAIN NONE
ABSENT NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)SS
)
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No 2005.0]2 on file In my office and that said Resolution was
adopted on the date and by the vote therein stated
Dated this 1st day of Februar.y
, 2005
City Clerk, Oty of Lynwood
Notice of Determination
EXHIBIT "D"
To /X/
From
SubJect
County Clerk
County of Los Angeles
Enviromnental Filings
12400 East Imperial Highway, #1101
Norwal[c, CA 90650
C~ty of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
Fl[LED
Fthng of Notice of Determination in Compha~'de with Section 21108 or 21152 of the Pubhc Resources
Code
Hain Park Replacement Pro el~c5
ProJect Title
SCH 2004061141
State Cleannghouse Number
(If submitted to Cleannghouse)
Grant Taylor __
Lead Agency
Contact Person
_ (310) 603-0220 ext 326
Area Code/Telephone
ProJect Location ~he site for the proposed park replacement project
is located at the southeastern section of the City of Lynwood, just
south of the Century Freeway (Interstate 105 or 1-105) The s~te
consists of approximately 10 acres, bounded on the east by V~rgm~a
Avenue, on the north by the Century Freeway, on the south by
parcels located hud-block between Lavmia Avenue and Clark Street,
and on the west by Atlantic Avenue In addmon, the park would
Include a small area bordered by Atlantic Avenue to the east, the
alley off Atlantm to the west, Agues Avenue to the north, and
Lavm~a Avenue to the south The project site m curreutly developed
wgh a wide variety of land uses, including smgle-famdy and multt-
fannly residences, offices, a church, retail stores, motels, restaurants,
and bdlboards
Project Description The proposed project luvolves the construction
of a new park to replace John Ham Memorial Park, whmh was
previously located at southwest comer of Martin Luther King, Jr
Boulevard and Wright Road The former park site has been acquued
by the Lynwood Umfied School District for construction ora new
Vlclmly Map
high school The C~ty is plalmmg a replacement park and ~s
l
proposing the acqmsitlon and redevelopment of 10 acres of land 0nvolwng approximately 41 parcels) for the park
replacelnent, Facthties at the new park would include a soccer field, a baseball field, an approximately 5,000-square-
foot Conm~umty Building, picnic tables w~th shelters, walkmg/b~hng trads, tot lot, and three surface parking lots w~th
approximately 195 parking spaces The portion of the park that would be located on the west side of Atlantic Avenue
~s ant~cipated to be used as a tot lot and parking area In order to acconunodate this project, the City would need to
acquire the affected parcels, demohsh existing structures, vacate of the pubhc rights-of-way for the segments of
Josephine Street and Lav~nia Avenue between Atlantic Avenue and Virginia Avenue, and construct the proposed
facilities
05 0013723
EXHIBIT "D'
EXHIBIT "D'
Tins ~s to advl~e that the Lynwood City Council apploved the above-described p~oject (iii
/X/Lead Agency / / Responsible Agency
February 1, 2005 and has made the following determinations regmdmg the above descnbed pioject
/X/The projcct wdl have a significant effect on Ihe enwroi~ment
2 /X/An Enwronmental Impact Report was prepared for th~s project pursuant to the provisions of
CEQA
//A Negative Declamt~on was prepared for thru project pursuant to the provisions of CEQA
3 /X/ Mitigation measures were made a condition of the approval of the project
4 //A Statement of Ovemdlng Considerations was adopted for this project
5 /X/ Findings were made pursuant to the provisions of CEQA
This is to cerhfy that the Final and Draft EIR, with comments and responses, and the records of project approval me
available to the General Public at
City of Lynwood
Development Services Depat~Inent
11330 Bulhs Road
Lynwood, CA 90262
Signature (Pu~l~ ~gency)
2,/5/Of-- Director of Development Services
Da~e Title
EXHIBIT "D"
CERTIFICATE OF FEE EXEMP I ION
De Mmmns [mi)act Finding
Prolect T~fle/Locatlon (include County)
Flare Park Replacement ProJect
City of Lynwood, County of Los Angeles, Cahforma 90262
Name and Address of ProJect Apphcant
C~ty of Lynwood
Develop~nent Services Department
11330 Bulhs Road
Lynwood, CA 90262
ProJect Description The proposed project revolves the construction of a new park to replace Jotm Ham Memorial
Park, which was prewously located at southwest comer of Mar~ln Luther ICdng, Jr Boulevard and Wright Road
The former park s~te has been acqmred by the Lynwood Umfied School D~stnct for construction of a new high
school The C~ty is planning a replacement park and is proposing the acqms~tlon and redevelopment of 10 acres of
land 0nvolvtng apprommately 41 parcels that are currently developed w~th various residential and commercial
uses) for the park replacement Facilities at the new park would ~nclude a soccer field, a baseball field, an
apprommately 5,000-square-foot Commumty Building, p~cmc tables w~th shelters, walMng/b~k~ng trolls, tot lot,
and three surface parking lots with approximately 195 parking spaces The pint,on of the park that would be
located on the west rode of Atlanttc Avenue ~s antm~pated to be used as a tot lot and parking area In order to
accommodate tb~s project, the C~ty would need to acqmre the affected parcels, detnohsh existing structures, vacate
of the pubhc rights-of-way for the segments of Josephine Street and Lawma Avenue between Atlantic Avenue and
V~rg~ma Avenue, and construct the proposed famhtles
Fln&ngs of Exemption
An Enwronmental hnpact Report (EIR) has been prepared by the Lead Agency to evaluate the project's
effects on wfldhfe resources, If any.
2 The Lead Agency hereby finds that there ~s no ewdence before the C~ty that the project will have any
potential for adverse effect on the enmronment, w~th the ~mplementatmn of mitigation measures
3 The project s~te ~s h~ghly urbamzed and the project will not result in any changes to the following
resources
(A) R~panan land, rivers, streams, watercourses and wetlands,
(B) Native and non-native plant life and the sod reqmred to sustmn habitat for fish and wfldhfe,
(C) Rare and unique plant life and ecological commumtles dependant on plant life,
(D) Lmted threatened and endangered plants and animals and the habitat ~n which they are bebeved to
reside,
(E) Ail species bsted as protected or Identified fbr specml managen-tent m the F~sh and Game Code, the
Public Resources Code, the Water Code or regulat~ons adopted thereunder,
(F) All manne and terrestrial species subject to the juns&ctlon of the Department of Fish and Game
and the ecological commumt~es m which they reside, and
(G) All mr and water resources, the degradatmn of which will ln&wdually or cumulatively result m a
loss of biological diversity among the plants and ammals restdlng in that mr and water
CERTIFICATION
I hereby certify that the C~ty of Lynwood, Development Serwces Department, as the Lead Agency, has made
the above fin&ng(s) of fact and based upon the EIR and tbe heanng record, the project will not ~nd~vldually or
cumulatively have an adverse effect on wildlife resources, as defined In Sect~ton '711 2 of the Fish and Game Code
Eead Agency Re ;ant Taylor 05 0§13723
Title Director of Development Services
Lead Agency Cfly of Lynwood, Development Services Dept Date February 1, 2005
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21,2006
Honorable Mayor & C~ty Counctl Members
N Ennque Marhnez, City Manager
Grant Taylor, Director of Development Services ~ ~'~
J Arnoldo Beltran, C~ty Attorney
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF THE REAL
PROPERTY IDENTIFIED AS APN 6189-019-012, LOCATED AT 12020 AND
12022 ATLANTIC AVENUE, LYNWOOD, CALIFORNIA 90262, IN
CONNECTION WITH THE DEVELOPMENT OF A REPLACEMENT PARK
FOR JOHN HAM MEMORIAL PARK WHICH WAS ACQUIRED BY
LYNWOOD UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION OF
THE MARCO ANTONIO FIREBAUGH HIGH SCHOOL
Recommendations:
2
Open and conduct a pubhc hearing on the adoption of the proposed Resolutmn of
Necesstty, recetve from Staff the evtdence stated and referred to m this report,
take testimony from any person wmhtng to be heard on the matter
If the C~ty Councd finds, based upon the ewdence contmned tn and referred to tn
thts report and the testzmony and comments recezved during the pubhc heanng,
that the ewdence supports the necessary findings w~th respect to the Resolution of
Necessity, then the staffrecommends that the City Councd, in the exerczse of 1ts
dtscretzon, adopt the proposed Resolution entitled, "A RESOLUTION OF
NECESSITY OF THE CITY OF LYNWOOD, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION THEREOF, IN CONNECTION WITH THE
DEVELOPMENT OF A REPLACEMENT PARK FOR JOHN HAM
MEMORIAL PARK", and authorize Czty Staff and the C~ty Attorney's office to
take all necessary steps to file and prosecute an emtnent domatn proceeding to
acqmre the fee simple interest in the real property commonly known as 12020 and
12022 Atlantic Avenue, Lynwood, Cahforma 90262, tdentified as Assessor's
Parcel Number 6189-019-012 (referred to heretnafter as the "Subject Property")
The SubJect Property ~s more fully described tn the legal description attached as
Exhtblt "A" to the Resolutton of Necessity and depicted on the s~te maps attached
as Exhlb~t "B" to the Resolution ofNecesstty Exhzb~ts "A" and "B" are
~ncorporated here~n by th~s reference
AGENDA
13
Executive Summary:
The proposed project ("Project') involves the construction of a new park to replace John
Ham Park Memorial Park ("Ham Park"), which was previously located at the southwest
corner of Martin Luther King, Jr Boulevard and Wright Road The former park site was
acquired by the Lynwood Unified School District for construction of a new high school
The City is planning a replacement park and is proposing the acquisition and
development of 10 acres of land (involving approximately 44 parcels) (all parcels jointly
referred to as the "Site") for the Project Facilities at the new park would include a soccer
field, a baseball field, an approximately 5,000-square-foot Community Building, pmmc
tables with shelters, walking/biking trails, tot lot, and three surface parking lots with
approximately 195 parking spaces The portion of the park that ~vould be located on the
west side of Atlantic Avenue is anticipated to be used as a tot lot and parking area In
order to accommodate the Project, the City needs to acquire the affected parcels,
demolish existing structures, vacate the public rights-of-way for the segments of
Josephine Street and Lavlma Avenue between Atlantic Avenue and Virginia Avenue, and
construct the proposed facilities
The City lost Ham Park nearly three years ago to the Lynwood Unified School District
("LUSD") LUSD acqmred the property by way of a three party agreement with the City
and the County of Los Angeles as the other two parties As part of the acqmsition
process, the California State Allocation Board made available to the City a hm.~ted
amount of funds that were to serve for the acquisition of replacement property for the
construction of the Project The SubJect Property is part of the Site and its acquisition is
sought for public purposes, namely the construction of the new park, and all uses
necessary or convenient to the operation of the replacement park for said purposes,
pursuant to California Constitution Article 1, Section 19, California Government code
Sections 37350, 37350 5, 37351, 40401 and 40404, and California Code of Civil
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010
through 1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and
other provisions of law
As explained more fully below in the Background section, the ProJect constitutes an
effort by the City to replace park and open space for the Lynwood residents
Construction of the replacement park will enable the City to once again offer additional
programs at the new park and permit the residents of Lynwood to enjoy 10 acres of open
space for a multitude of recreational activities
The legal description of the Subject Property is attached as Exhibit "A" to the Resolution
of Necessity and depicted on Exhibit "B" to the Resolution of Necessity The proposed
Resolution of Necessity, together with Exhibits "A" and "B", are attached to this Staff
Report, and are incorporated herein by this reference The public hearing on the
proposed Resolution of Necessity has been duly noticed
2
The City has extended an offer pursuant to the requirements of Goverument Code Section
7267 2 et seq to the owner of record of the SubJect Property, but the owner has rejected
the C~ty's initial offer Negotiations are ongoing, but no negotiated sale has been
reached Based on the legal mandate under the Pubhc Park Preservation Act of 1971 and
the urgent need for park and open space in the City (the City of Lynwood was already
short of the required open and park space for tis residents prior to the loss of Ham Park
Nearly three years have now elapsed since the loss of the 10 acres of open and park space
that made up Ham Park), it is necessary that the City Council consider at this tnne the
adoption of the Resolution of Necessity for the acqms~tlon of the SubJect Properly by
eminent domain In order to adopt the Resolution of Necessity the City Council must
find and determine that
1
2
4
The public interest and necessity require the ProJect
The ProJect is planned or located in the manner that will be compatlble with
the grcalest public good and Least private m3ury
The Subject Property described in the Resolution of Necessity is necessary for
the ProJect
The City has made ttxe offer reqmred by Government Code Section 7267 2 to
the owner of record of the SubJect Property
This hearing relates to ~ssues l, 2, 3, and 4 above The amount of just compensation ts
not an issue before the City Council at this hearing
Background:
The City of Lynwood contains approximately 4 9 square mites of surface area Based on
State of California guidelines the City is deficient in open spaces and parks
Notwithstanding th~s shortage of open spaces, on September 2, 2003 the City entered into
negotiations with the LUSD and the County of Los Angeles for the LUSD to acquire
Ham Park for the construction of a high school As part of the negotiations the parties
entered rote a three party agreement which resulted ~n the City and County of Los
Angeles being recipients of funding provided by the State of Cahforma State Allocation
Board for the acquisition of lcplacement property tbr Ham Park and construction of the
new park
The loss of Ham Park resulted in the C~ty discontinuing a multitude of programs offered
to residents of all ages at the formm park This pubhc function continues to go unmet ~n
large part until the replacement park can be operational
Based on the legal requirements of the Pubhc Park Preservation Act of 1971 and the
obhgatlons of the City to the County of Los Angeles (Ham Park was, at one time, a
County of Los Angeles park and the County's consent was required before the City could
transfer Ham Park to LUSD), the C~ty worked on the relocation of Ham Park for many
month before settling on the Site Once a site was identified, the City retmned the
services of a consultant to assist with the preparation of an envlrommental impact report
and a second consultant to manage the acquisition and relocation effort at the Site
Subsequent to thc completion of an Environmental Impact Report and approval of the
same, the City began its acquisition process of the properties at the Site To date, the
efforts of the City have resulted In the acquisition of 26 properties where escrow has
closed, 13 properties in escrow pending closing of same, and 5 propertms on which no
agreement has been reached and which will be the subject of consideration of resolutions
of necessity by the Council
Discussion & Analysis:
Descrlptlon of the Proposed Prolect
The Project constitutes the City's effort to comply wxth Cahforma law and the terms and
conditions of a three party agreement entered Into with the LUSD and the County of Los
Angeles for the replacement of Ham Park Under the terms of the Pubhc Park
Preservation Act of 1971, the City has an obhgatton to replace Ham Park Moreover, the
obligation to do so must meet specific and stringent requirements such that the
replacement park must be located tn an area designed to serve generally the same persons
with land of comparable characteristics and of substantmlly the same size served by the
former Ham Park This requirement made It imperative for the City to Identify statable
property in the immediate neighborhood of the former Ham Park
The Project consists of the acqmsltion of approximately 10 acres of real property
currently devoted to residential, coinmerctal and other uses Including public rights of way
for the construction of the replacement park The Executive Summary, above, provides a
detailed review of the Project
Environmental Review Process and Analysis
As part of environmental review process for the Project, the City of Lynwood determined
that the proposed Ham Park Replacemcnt ProJect would likely have significant adverse
environmental effects The analysis indicated that the proposed project could result in
s~gnificant adverse effects on a number of areas and an EIR would have to be prepared
In accordance with the Callforma Environmental Quahty Act ("CEQA"), the City of
Lynwood circulated a Notice of Preparation ("NOP") of a Draft Environmental Impact
Report ("EIR") on June 23, 2004 (found ~n Appendix A to the draft EIR), to inform other
agencies, special districts, surrounding crees, and other individuals that the City intended
to prepare an EiR for the proposed project The purpose of the NOP was to sohcit
guidance from various agencies regarding the scope and content of the environmental
mformatmn to be included in the final EIR Agencies and ~nd~vlduals recelvmg copies of
the NOP had 30 days to respond Concerns rinsed in the responses to the NOP are
presented in letters provided as Appendix B to the final EIR and have been addressed in
the final EIR A Scopmg Meeung was held on July 15, 2004 to discuss the project and
the environnrental review process and to solicit comments on the envlromnental analys~s
to be included in the final EIR The written comments received at the Scop~ng Meeting
are provided in the draft EIR
The final EIR was presented to the Lynwood City Council at a duly noticed public
hearing on February 1, 2005 and the same was approved by a 5-0 vote of the City
4
Council Resolution 2005 012 certifying the Final Environmental Impact Report and the
Notice of Determination filed with the Los Angeles County Clerk are attached hereto as
Exhibits "C' and "D' and am incorporated herein by this reference
Actions of City Pursuant to Government Code Section 7267 et seq
Pursuant to Government Code Section 7267 et seq, the City of Lynwood obtained a fair
market apprmsal on the Subject Property, set just compensation in accordance therewith
and extended a written offer letter on May 26, 2005, to Wahd M Nabulsi, the owner of
record of the Subject Property together with the accompanying statement and summary of
the basis for the amount estabhshed as just compensation A true and correct copy of the
offer letter is on file in the Development Services Department of the City of Lynwood
and Is incorporated in this Staff Report by this reference That offer was rejected by
Wahd M Nabulsi, and to date, no negotiated purchase has been consummated The need
to complete the ProJect and the schedule for the same require that the City Council
consider the proposed Resolution of Necessity at this time
Necessary Findings for Adoption of Resolution of Necessity
To adopt the proposed Resolntion of Necessity, the City Council must find and determine
that
The pubhc interest and necessity require the ProJect
2 The Ploject is planned or located in the manner that will be compatible with the
greatest public good and least private injury
3 Thc Subject Property described in the Resolution of Necessity is necessary for the
Project
4 The City has made the offer required by Government Code Section 7267 2 to the
owner o f record of the S ubj ect property
The Public Interest and Necessity Require the Prolect
As set out in the Executive Summary above, the City seeks to acquire the SubJect
Property for a public purpose The SubJect Property is part of the land area required for
the construction of a replacement park for Ham Park The City intends to construct a
park in the approximately 10 acres of which the SubJect Property is a part, a public use,
and in com~ectlon therexvlth acquire interests in certain real property Said public use is a
governmental function of the City of Lynwood The C~ty is obligated to construct the
park because Hain Park was taken by the Lynwood Unified School District for the
construction of a new high school With the loss of Ham Park the City, whmh was
already underserved by parks and open spaces, cannot meet its responsibilities to
residents for open space and recreational facilities as well as its legal obligations under
the Pubhc Park Preservation Act of 1971
More particularly, the City of Lynwood proposes constrtictlon of the replacement park to
meet the following public purposes
5
· To provide needed park space in the City, as identified in the Lynwood
General Plan,
· To provide active and passive recreation opportumttes for the residents of
Lynwood,
· To provide a replacement park of comparable size and active and passive
recreational amenities of the original Ham Park, and,
· To encourage the economic and physical redevelopment and revitalization
of the surrounding project area and the community as a whole
The Prolect is Planned or Located in the Manner that will be Compatible with tim
Greatest Public Good and Least Private Inlury
The SubJect Property is necessary for the construction of the replacement park for Ham
Park The SubJect Property, on the northeast comer of Atlantic Avenue and Lavinia
Avenue, is part of the Site necessary to complete the replacement park and to ensure that
the acreage lost by the acquisition of Ham Park is replaced as required by the Public Park
Preservation Act Cai Pub Res Code Sec 5407 I The City conducted a number of
studies to determine the location for the replacement park The City's search was limited
in light of the provisions of The Public Park Preservation Act of 1971 which mandates
that parks be replaced within the area that will serve the same population as the previous
park served This legal mandate, the limited surface area of the City and the already
extsttng public sites such as schools and other similar uses, limited the possible location
of the replacement park The selection of the s~te for the ProJect will cause the least
amount of private injury in that the city will be able to use other public lands, the.pubhc
right of way snch as streets and intrude in the least possible amount into the
neighborhood intended to be served by the replacement park
The Sublect Property Interest Described in the Resolution of Necessity is Necessary fp_r
the Proiect
The proposed action consists of the acquisition of the fee simple interest in the properties
located at 12020 and 12022 Atlantic Avenue, Lynwood, California 90262, identified as
Los Angeles County Assessor's Parcel Number 6189-019-012 As set forth above, the
SubJect Property is necessary for the ProJect, and the replacement park cannot be
completed in the manner required by law without the acquisition of the Subject Property
and inclusion of the same in the ProJect
The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Sublect Property It Seeks to Acquire
Pursuant to Govermnent Code Section 7267 et seq, the City obtained and approved a fair
market value apprmsal of the Subject Property, set just compensation in accordance with
the approved appraisal and extended a written offer on May 26, 2005, to the owner of
record of the SubJect Property, Wahd M Nabulsi A true and correct copy of the offer
letter is on file with the Development Services Department of the City of Lynwood and is
incorporated into this report by this reference The owner of the SubJect Property
rejected the offer, and the parties have not reached a negotiated purchase at this time
Conclusion:
Adoption of the Resolution of Necessity will authorize the City Attorney's office and
Staff to take all actions necessary for the C~ty to acquire the Subject Property so that the
ProJect may be completed as soon as possible to provide the residents of the City the
open space and recreational opportunities lost when Ham Park was haken by LUSD.
As noted above, this hearing relates only to tssues 1, 2, 3, and 4 above The amount of
just compensation is not an issue before the City Council at this heanng
ADMINISTRATIVE RECORD:
All documents, exhibits, appendices and reports identified in this Staff Report, and all
documents any such items rely upon for their analysis, conclusions and
recommendations, are hereby incorporated by reference and constitute the Administrative
Record of the pubhc hearing on the Resolution of Necessity
The Administrative Record is available for review with the Director of the Development
Services Department, City of Lynwood
Fiscal Impact:
Funding is ~ncluded as part of the Ham Park Replacement ProJect budget
Coordinated With:
City Manager's Office
Finance Department
City Attorney's Office
Development Services Department
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE CITY OF LYNWOOD
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESAARY
FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE DEVELOPMENT OF A
REPLACEMENT PARK FOR JOHN HAM MEMORIAL PARK
Section 1o The City of Lynwood is a municipal corporation in the County of'
Los Angeles, State of California
Section 2. The real property (the "Subject Property") described m section 3 of this
Resolution is to be taken for a public use, namely to provide land for the construction ora
replacement park for John Ham Memorial Park ("Ham Park"), and all uses necessary and
convenient thereto, pursuant to the authority conferred upon the City of Lynwood to acquire
property by eminent domain by California Constitution Article I, Section 19, California
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and California Code of
Civil Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010 through
1240 050, 1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other provisions of
law
Section 3. The real property interest sought to be taken is a fee simple interest
for the assembling of sufficient land (all parcels required constitute the "Site') to
construct a replacement park for Ham Park on the property located at the Site (the
"ProJect") The SubJect Property is generally known as 12020 and 12022 Atlantic
Avenue, Lynwood, California 90262, Los Angeles County Assessor's Parcel Number
6189-019-012 The legal description of the SubJect Property is attached as Exhibit "A'
to this Resolution and the Subject Property is depicted on the dmgrams attached as
Exhibits "B" to this Resolution Said exhibits are incorporated herein by th~s reference.
The Subject Property is required for the construction of the replacement park, which
use is a public use and said use is a public function of the City of Lynwood
Section 4. The acquisition of the SubJect Property is required to carry out and
make effective the principal purpose of the ProJect A general description of the ProJect
is set forth in the Staff Report dated March 21, 2006, and the evidence, reports, and
documents cited in that Staff Report are all incorporated herein by this reference, and
Section 5. In terms of the potential environmental impacts, the City of
Lynwood prepared an Environmental Impact Report ("EIR") dated January 2005 The
EIR was the subject of a public hearing on February 1, 2005 for which notice of a
public hearing was published on December 30, 2004 The C~ty Council of the City of
Lynwood approved the EIR at said hearing Construction of the ProJect will be carried
out in compliance with the findings and determination set out in the EIR
Section 6: The City of Lynwood City Council hereby FINDS, DETERMINES,
DECLARES, ORDERS AND RESOLVES as follows
A The Pubhc Interest and Necessity Require the Protect Because the C~t¥ Seeks to Acquire
the Sublect Property for A Pubhc Pu~ose
As set out m the Executive Summary of the Staff Report, the C~ty seeks to acquire the SubJect
Property for a public purpose. The SubJect Property ~s part of the Site reqmred for the
construction of a replacement park for Ham Park The C~ty intends to construct a park ~n the
approximately 10 acres that make up the Site and of which the SubJect Property ~s a part, such
use of the Site and SubJect property is a public use, and ~n connection therewith the C~ty must
acqmre tbe Subject Property Said pubhc use is a governmental function of the City of Lynwood
The C~ty ~s obbgated to construct the park because Ham Park was taken by the Lynwood Unified
School D~strict for the construction of a new h~gh school With the loss of Ham Park the City,
which was already underserved by parks and open spaces, cannot meet ~ts responslbditles to
residents for open space and recreational facthtles
B The Project is Planned or Located m the Manner that will be Compatible with the
Greatest Public Good and Least Private Inlury
The Subject Property is necessary for the construction of the replacement park for Hmn Park
The Subject Property, on the northeast corner of Atlantic Avenue and Lav~ma Avenue, ~s part of
the Site necessm'y to complete the replacement park and to ensure that the acreage lost by the
acqms~tion of Ham Park is replaced as required by the Pubhc Park Preservatmn Act Cal Pub
Res Code Sec 5407 1 The City conducted a number of studies to determine the location for the
replacement park The C~ty's semch was hm~ted in light of the prowslons of the Pubhc Park
Preservation Act of 1971 which mandates that parks be replaced within the area that will serve
the same population as the prewous park served This legal mandate, the hrmted surface area of
the City and the already existing public s~tes such as schools and other slmdar uses, hm~ted the
possible locatmn of the replacement park The select~on of the S~te for the Project ~s beheved to
cause the least anmunt of private injury ~n that the City will be able to use other public lands, the
pubhc right-of-way such as streets and intrude m the least possthle amount into the neighborhood
~ntended to be served by the replacement park
C The Subject Property Described in the Resolution of Necessity is Necessary for the
Prolect
The proposed action consists of the acqmsttlon of the fee simple ~nterest m the property located
at 12020 and 12022 Atlantic Avenue, Lynwood, Cahforma 90262, Identified as Los Angeles
County Assessor's Parcel Number 6189-019-012. As set forth above, the Subject Property ts
necessary for the ProJect, and the replacement park cannot be completed in the manner required
by law without the acqmslt~on of the Subject Property and inclusion of the same in the ProJect
D The City Made the Offer Required by Government Code Section 7267 2 to the Owner of
Record of the Property It Seeks to Acquire
2
Pursuant to Government Code Section 7267 et seq, the City obtmned and approved a fair market
value appraisal of the SubJect Property, set just compensation in accordance with the approved
appraisal and extended a written offer together with the accompanying statement of and
summary of the basis of the amount established as just compensation, on May 26, 2005, to the
owner of record of the SubJect Property, 12020 and 12022 Atlantic Avenue, Lynwood,
California 90262 Said offer and accompanying statement/summary were in a form and
contained all of the factual dlsclosures provided by Government Code Section 7267 2(b) Atme
and correct copy of the offer letter is on file in the Development Services Department of the City
of Lynwood and is incorporated into this report by this reference The owner of the Subject
Property rejected the offer, and the parties have not reached a negotiated purchase at this time
Section 7 The City has complied with the notice requirements of Code of Civil
Procedure Section 1245 235
Section 8. The findings and declarations contmned in this Resolution are based on the
record before the City Council on March 21, 2006 when it adopted this Resolution, including the
Staff Report dated March 21, 2006, all documents referenced and incorporated in the Staff
Report, the testimony at the heanng, and the records and documet~ts prepared in connection with
the ProJect, all of which are incorporated in this Resolution by this reference
Section 9 The City Council of the City of Lynwood authorizes and directs the City
Attorney's office and Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent junsdlctlon to acquire by eminent domain the real property
interests described in Exhibit "A" attached hereto
Section 10. This Resolution shal[ take effect upon adoption
Section 11. The City Clerk shall certify the adoption of this Resolution mid shall cause
this Resolution and her certification to be entered in the Book of Resolutions of the City Council
of this City
PASSED, APPROVED AND ADOPTED this day of
,2006
ATTEST
Leticla Vasquez, Mayor
Andrea Hooper, City Clerk
APPROVED AS TO FORM
APPROVED AS TO CONTENT
J Arnoldo Beltrmx, City Attorney
N Ennque Martlnez, City Manager
3
Wahd M Nabulsl
Mazen Nabulsl
Aladdin Nabulsl
Mohammed Nabulsl
12022 Atlantic Avenue
Lynwood, Cahforma 90262
February 22, 2006
Re Notice of Hearing Regarding Adoption of a Resolution
of Necessity to Acquire Property by Eminent Domain
[California Code Civil Procedure 1245 235]
Dear Property Owners
1. Notice of Intent of the City of Lymvood to Adopt a Resolution of Necessity. The City
Council of the City of Lynwood Intend to consider the adoption of a Resolution of Necessity on March
21, 2006 that, if adopted, will authorize the City to acquire the property described herein by eminent
domain for the proposed replacement park for Ham Park
A copy the proposed Resolution of Necessity that will be recommended to the City
Council for adoption accompanies this Notice A description of the property (the "Property") being
considered for acqms~tion IS attached to the Resolution of Necessity and marked Exhibit A. Thru
property is part of the larger site for the replacement park designated in Exhibits B
2. Notice of Your Right to Appear and Be Heard. Please take notice that the City Council of
the City of Lynwood at a regular meeting to be held on Tuesday, March 21, 2006 at 5 00 p.m, or as
soon thereafler as the matter may be heard at 11330 Bulhs Road, Lynwood, Cahfomia, will hold a
hearing on whether such a Resolution of Necessity should be adopted, as required by Cahforma Code of
Civil Procedure Section 1245 220 for the commencement of an eminent domain proceeding to acquire
real property,
You have the right to appear and be heard before the City Council at the above scheduled
hearing on the following matters and issues, and to have the City Council give judicious consideration to
your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity
a Whether the public interest and necessity require the proposed project,
b Whether the proposed project is plam~ed or located In the maimer that will be most
compatible with the greatest public good and the least private injury,
c Whether the property sought to be acquired by eminent domain and described In the
Resolution of Necessity is necessary for the proposed project
d Whether the offer required by Government Code section 7267 2(a), together with the
accompanying statement and summary of the bas~s for the amount established as just
compensation, was actually made to you and whether said offer and statement/summary
were in a form and contained all of the factual information required by Government Code
Section 7267 2(b) A copy of section 7267 2 in its entirety is attached hereto
e Whether the City of Lynwood has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain (the "right to take") to
acquire the property described herein, as well as any other matter regarding the right to
take said property by eminent domain, and
Where the City of Lynwood has statutory authority to acquire the property by eminent
domain
A copy of the proposed Resolution of Necessity that will be recommended to the City Council
for adoption accompanies this Notice
Your name appears on the last equalized Los Angeles County assessment roll and as Owner (In
our preliminary title report) of the property required for the proposed project
The authority of the City of Lynwood to acquire the property by eminent domain for the
proposed project is conferred upon the city by Cahfomla Constitution Article 1, Section 19, California
Government Code Sections 37350, 37350 5, 37351, 40401 and 40404, and California Code of Civil
Procedure Section 1230 010 et seq, including but not limited to Sections 1240 010 through 1240 050,
1240 110, 1240 120, 1240 410, 1240 510, 1240 610, 1240 650, and other pro¥1slons of law
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice
Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard,
please be advised that you must file a written request with the clerk of the governing board within fifteen
(15) days after thru Notice was mailed You must file your request to be heard at Office of the City
Clerk, 11330 Bulhs Road, Lynwood, California 90262
Should you elect to mall your request to the clerk of the governing board, it must be actually
received by the clerk for filing within fifteen (15) days after this Notice was mailed
The date of mailing appears at the end of this Notice
California Code of Civil Procedure section 1245 235(b)(3) prowdes that "failure to file a
written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in
waiver of the right to appear and be heard" on the above matters and ~ssues that are the subject of the
hearing
If you elect not to appear and be heard in regard to compensation, your nonappearance
will not be a waiver of your right to claim greater compensation in a court of law. The amount to
be paid for the property will not be considered by the board at this hearing.
If you elect not to appear and not be heard, your failure to appear will be a waiver of
your right to later challenge the right of the City of Lynwood to take the property by eminent
domain.
The amount of the compensation to be paid for the acquisition of the property is not a matter or
Issue being heard by the City Council at this time Your nonappearance at this noticed hearing will not
prevent you from claiming greater compensation, in and as determined by a court of law in accordance
with the laws of the State of Cahforn~a This Notice is not intended to foreclose future negotiations
between you and the representatives of the City of Lynwood on the ainount of compensation to be paid
for your property
If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court
of law the issues that are the subject of this noticed hearing and that are concerned with the right to take
the property by eminent domain
If the City Council elects to adopt the Resolution of Necessity, then within slx months of the
adoption of the Resolution, the City of Lynwood will commence eminent domain proceedings in
Superior Court In that proceeding, the Court will determine the amount of compensation to which you
are enntled
Dated and Mailed On February 22, 2006
City of Lynwood
California Government Code .~ 7267.2: Establishment of Amount of Just Compensation and Offer
Therefore; Statement to Owner
(a) Prior to adopting a resolution of necessity pursuant to Section 1245 230 of the Code of Civil
Procedure and initiating negotiations for the acquisition of mai property, the public entity shall establish
an amount which it believes to be .lust compensation therefore, and shall make an offer to the owner or
owners of record to acquire the property for the full amount so established, unless the owner cannot be
located with reasonable diligence The offer may be conditioned upon the legislative body's ratification
of the offer by execution of a contract of acqmsltion or adoption of a resolution of necessity or both In
no event shall the amount be less than the public entity's approved appraisal of the fair market value of
the property Any decrease or increase m the fair market value of real property to be acquired prior to
the date of valuation caused by the public improvement for which the property is acquired, or by the
hkehhood that the property would be acqurred for the improvement, other than that due to physmal
deterioration w~thm the reasonable control of the owner or occupant, shall be disregarded in determining
the compensation for the property
(b) The public entity shall provide the owner of real property to be acquired with a written statement
of, and summary of the basis for, the amount it estabhshed as just compensation The written statement
and summary shall contain detml sufficient to indicate clearly the basis for the offer, including, but not
limited to, all of the following information
(1) The date of valuation, highest and best use, and applicable zoning of property
(2) The principal transactions, reproduction or replacement cost analysis, oi capitalization analysis,
supporting the determination of value
(3) Where appropriate, the just compensation for the real property acquired and for damages to
remaining real property shall be separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting benefits
(c) Where the property involved is owner occupied residential property and contains r~o more than four
residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon
which the offer is based The public entity may, but is not required to, satisfy the written statement,
summary, and review requirements of this section by providing the ovmer a copy of the apprmsal on
which the offer is based
(d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of
record to acquire real property for less than an amount which it believes to be just compensation
therefore if (1) the real property is offered for sale by the owner at a specified price less than the amount
the public entity believes to be just compensation therefore, (2) the public entity offers a price which is
equal to the specified price for which the property is being offered by the landowner, and (3) no federal
funds are involved in the acquisition, construction, or project development
(e) As used in subdivision (d), "offered for sale" means any of the following
(1) D~rectly offered by the landowner to the public entity for a specified price in advance of
negotiations by the public entity
(2) Offered for sale to the general public at an advertised or puhhshed~ specified price set no more than
six months prior to and still available at the time the public entity initiates contact with the landowner
regarding the public entlty's possible acquisition of the property
EXHIBIT "A"
Legal Description for Sublect Property- Assessor's Parcel Number 6189-019-012
The land referred to as the Subject Property is situated in the State of California, County
of Los Angeles and is described as Lot 13 of Tract No 5686 in the City of Lynwood, Bk
62, Pg 69 of Maps, Records of Los Angeles County The size of the land ~s
approxtmately 8,464 square feet, more or less.
EXHIBIT "B"
JOSEPH
AGNESSTREET
L~VINIA AVENUE
LAVI
D
EXHIBIT "B"
J
EXHIBIT
,i
I- 105
EXHIBIT "B"
J
Ij
EXHIBIT "C"
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE HAM
PARK REPLACEMENT PRO3ECT CONSISTING OF TEN
(~10) ACRES OF LAND INVOLVING APPROXIMATELY
FORTY-ONE (41) PARCELS, BOUNDED ON THE WEST
BY ATLANTIC AVENUE; ON THE EAST BY VIRGINIA
AVENUE; ON THE NORTH BY THE 1-105 (CENTURY)
FREEWAY; AND ON THE SOUTH BY PARCELS
LOCATED MID-BLOCK BETWEEN LAVINIA AVENUE
AND CLARK AVENUE. IN ADDITION, THE PARK
WOULD INCLUDE A SMALL AREA BORDERED BY A
ATLANTIC AVENUE TO THE EAST; THE ALLEY OFF
ATLANTIC AVENUE TO THE WEST; AGNES AVENUE TO
THE NORTH; AND LAV[NIA AVENUE TO THE SOUTH.
THE PRO3ECT WOULD INCLUDE ACQUIRING AND
DEMOLISHING A WIDE VARIETY OF LAND USES
INCLUDING SINGLE-FAMILY AND MULTI-FAMILY
RESIDENCES, OFFICES, A CHURCH, RETAIL STORES,
MOTELS, RESTAURANTS AND BILLBOARDS. THE
NEW PARK WOULD INCLUDE A SOCCER FIELD, A
BASEBALL FIELD, AN APPROXIMATE 5,000 SQUARE
FOOT COMMUNITY BUILDING, PICNIC TABLES WITH
SHELTERS, WALKING/BIKING TRAILS, TOT LOT AND
THREE (3) SURFACE PARKING LOTS PROVIDING
APPROXIMATELY 195 PARKING SPACES. THE NEW
PARK IS LOCATED IN THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood pursuant to
law conducted a pubhc heanng on ]anuary 11, 2005 and approved the Final
Environmental Impact Report for the Ham Park Replacement Project, and
WHEREAS, the Lynwood C~ty Council has carefully considered all oral and
wr~Een testimony offered at the pubhc hearing, and
WHEREAS, the Lynwood City Councd has determined that the park
replacement projeCt may have a significant impaCts on the environment Specifically,
the project could result ~n ~mpaCts on Population and Housing, Air Quality, Noise,
Water and Hydrology, Public Services and Uhhtles, Visual Quahty/Aesthetlcs, and
Human Health and Hazardous Materials M~bgat~on measures, were recommended ~n
the Draft Environmental Impact Report and would be included as part of the proposed
project The ~ncluslon of the recommended mitigation measures would reduce project
related ~mpacts to below a level of slgmficance, and
WHEREAS, the Lynwood City Councd has determined that the Ham Park
Replacement ProjeCt ~s consistent w~th the Open Space Land Use Map designation and
consistent with goals and pohoes set forth ~n the Lynwood General Plan Land Use
Element and Open Space and Conservation Element
EXHIBIT"C"
Section 1
determines as follows
The City Council of the City of Lynwood hereby finds and
A
The enwronmental review and documentabon ~onta~ned ~n the F~nal
Enwronmental Impact Report satisfies all requirements set forth in the
California Environmental Quahty Act (CEQA) guidelines
B
The park replacement project ~s consistent with the applicable goals and
pohcles of the Lynwood General Plan Land Use Element and the Open
Space and Conservation Element
C
Proper and reasonable provisions are available for adequate parking,
ingress and egress to the park
D
Proper and adequate prowslons are available for all public utilities and
pubhc services
E
Mitigation measures in the Final Environmental Impact Report would
reduce potential impacts to levels of insignificance
Section 2 The City Council of the City of Lynwood, based upon the findings
~dentlfied above, hereby certifies the Final Environmental Impact Report for the Ham
Park Replacement Project
CERTIFIED, APPROVED and ADOPTED at a regular meeting of the C~ty
Council held on the Ist day of Februaryr 2005
'--/ ~MON ROD~IGUEZ, Mayor ~
Ci~ of Lynwood
APPROVED AS TO CONTENT
ANDREA L HOOFER, C~ty Clerk
City of Lynwood
APPROVED AS TO FORM
m City F~nager
C~ty of Lynwood
APPROVED AS TO FORM
RNOLDO BELTP. AN, C~ty Attorney
[ty of Lynwood
G~NT TAYLO ,~rector
Development Services Department
EXHIBIT "C"
STAI~ OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss
)
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 1st day of February, 2005
AYES
NOES NONE
AB~AIN NONE
ABSENT NONE
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODR~GUEZ
C~ty Clerk, City of Lynwood
STATE OF CALIFORNIA
COUNq-Y OF LOS ANGELES
)
)ss
)
I, the undersigned, C~ty Clerk of the City of Lynwood, and Clerk of the City Council
of sa~d City, do hereby cerUfy that the above and foregoing ~s a full, true and correct
copy of Resolution No 2005.012 on file In my office and that said Resolution was
adopted on the date and by the vote therein stated
Dated th~s 1st day of February
,2005
City Clerk, City of Lynwood
Notice of Determination
EXHIBIT "D'
To IX/
Fronl
Subject
County Clerk -
Coatuy of Los Angeles
Envu-omnental Fthngs
12400 East hnpenal Highway, #1101
Norwal¢, CA 90650
City of Lynwood
Development Services Department
11330 Bulbs Road
Lynwood. CA 90262
Filing of Nohce of Determination m Complim{6e with Section 21108 or 21 152 of the Public Resources
Code
Ham Park Replacement Prolect
Project T~tle
SCH 2004061 I41
State Cleannghouse Number
(If submitted to Cleannghouse)
Grant Taylor
Lead Agency
Contact Person
__J~10) 603-0220 ext. 326
Area Code/Telephone
ProJect Location The site roi the proposed park replacement project
~s located at the southeastern section of the City of Lynwood, just
south of the Century Freeway (interstate 105 or 1-105) The site
consists of approximately 10 acres, bounded on the east by V~rgmla
Avenue, on the north by the Century Freeway, on the south by
parcels located 1md-block between Lavmaa Avenue and Clark Street,
and on the west by Atlantic Avenue In addition, the park would
include a small area bordered by Atlantic Avenue to the east, the
alley off Atlantic to the west, Agnes Avenue to the north, and
Lavmla Avenue to the south The project site is curreutly developed
with a wide variety of land uses, including single-family and multi-
faimty residences, offices, a church, retail stores, motels, restaurants,
and billboards
Project Description The proposed project involves the constmction
of a new park to replace Jotm Ham Memorial Park, which was
previously located at southwest comer of Martin Luther King, Jr
Boulevard and Wright Road The former park site has been acqmred
by the Lynwood Unified School District for construction of a new
Map ~
high school The City is plmmmg a replacement park and is
proposing the acqmsttton and redevelopment of 10 acres of land (mvotvmg appr6xmaately 41 parcels) for the park
replacement Facilities at the new park would mclude a soccer field, a baseball field, an approxm~ately 5,000-square-
foot Commumty Budding, plcnm tables with shelters, walkmg/inkmg tmds, tot lot, and three snrface parking lots with
approximately 195 parking spaces The portion of the park that would be located on the west side of Atlanhc Avenue
~s antmipated to be used as a tot lot and parking area in order to acconnnodate tins project, the City would need to
acqmm the affected parcels, demohsh existing structures, vacate of the pubhc rights-of-way for the segmeuts of
Josephine Street and Lavlma Avenue between Atlantm Avenue and V~rgmla Avenue, and construct the proposed
facilities
'05 0013723
sNo j _w sPOS D EXHIBIT "D"
EXHIBIT "D"
This ~s to adv~e tbat the L~wood C~ty Councd approved the above-described ploject oa
/X/Lead Agency / / Responsible Agency
February_l, 2005 and has made the folIowmg detemmmtlons regmdmg the above described inoject
/X/The project will have a s~gmficant effect on the environment
2 ?X//m Enviromnental hnpact Report was prepared for this project pursuant to the provisions of
CEQA
//A Negative Declaration was prepared for this project pursuant to the provmlons of CEQA
3 /X/ Mitigation measures were made a condition of the approval o£the project
4 //A Statement of Ovem&ng Cons~derations was adopted for this project
5 /X/ Findings were made pursuant to the provisions of CEQA
This is to certify that the F~nal and Draft EIR, w~th comments and responses, and the records of proJect approval are
available to the General Public at
City of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
Slgnatu}e ~Pugl~ ~gency)
Director of Development Servmes
Date Title
EXH]:BIT "D'
CERTIFICATE OF FEE EXEMPTION
De Mmm~ts' b~t)act Finding
Prolect Title/Location (Include County)
Ham Park Replacement Project
Ctty of Lynwood, County of Los Angeles, Cahfornta 90262
Name and Address of P roi ect Applicant
C~ty of Lynwood
Development Services Department
11330 Bulhs Road
Lynwood, CA 90262
ProJect Descnptton 'lhe proposed project ~nvolves the constructton of a new park to replace Jotm Ham Memorial
Park, which was prevtously located at southwest comer of Mamn Luther Kang, Jr Boulevard and Wright Road
The former park stte has been acqmred by the Lynwood Untried School Dtstnct for constmctton of a new high
school The City ts planning a replacement park aud ~s proposing the acqms~tlon and redevelopment of 10 acres of
land (involving approximately 41 parcels that are currently developed w~th various restdennal and commermal
uses) for the park replacement Fac~httes at the new park would include a soccer field, a baseball field, an
approximately 5,000-square-foot Commumty Building, plcmc tables w~th shelters, walktng/btkmg trails, tot lot,
and tluree surface parking lots with approximately 195 parking spaces The pomon of the pink that would be
located on the west stde of Atlanhc Avenue ts ant~ctpated to be used as a tot lot and parking area In order to
accommodate thts project, the Ctty would need to acquire the affected parcels, denmhsh exmttng structures, vacate
of the public rights-of-way for the segrneuts of Josephine Street and Lavima Avenue between Atlantic Avenue and
Virgmta Avenue, and construct the proposed facfllttes
Findings
1
2
3
of Exemption
An Environmental Impact Report (EIR) has been prepared by the Lead Agency to evaluate the project's
effects on wfldhfe resources, if any
The Lead Agency hereby finds that there ts no ewdence before the Ctty that the project will have any
potential for adverse effect on the envtroninent, with the tmplementatmn of mmgaUon measures
The project stte is h~ghly urbanized and the project will not result m any changes to the following
resources
(A) R~par~an land, rivers, streams, watercourses and wetlands,
(B) Native and non-native plant life and the soft required to sustatn habitat for fish and wtldhfe,
(C) Rare and unique plant hfe and ecologtcal communities dependant on plant hfe,
(D) Listed threatened and endangered plants and animals and the habitat in which they are beheved to
reside,
(E) All spectes hsted as protected or tdentlfied for spectal management in the Fish and Game Code, the
Pubbc Resources Code, the Water Code or regulations adopted thereunder,
(F) All manne and terrestrial species subject to the juns&ctton of the Department of F~sh and Game
and the ecological commumtles tn whtch they restde, mid
(G) All air and water resom-ces, the degradation of wtuch 'call tndiv~dually or cumulatively result ~n a
loss of btologlcal dlverstty among the plants and ammals restdlng m that air and water
CERTIFICATION
I hereby certify that the City of Lsar,~'ood, Development Servmes Departmeut, as Ihe Lead Agency, has made
the above findtng(s) of fact and based upon the EIR and the heanng record, the project will not lnd~vtdually or
cumulatively have an adverse effect on wildlife resources, as defined tn Section 711 2 of the Ftsh and Game Code
Eead Agency Repre~/r(~attv'e_~rant Taylor 0~J ~[ $7~
Title Director of Development Services
Lead Agency Ctty of Lynwood, Development Services Dept Date February 1, 2005
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
March 21, 2006
Honorable Mayor & Councd Members
N Ennque Marhnez, C~ty Ma,~ager
Andrea L Hooper, C~ty Cle~
Albert Esp~noza, Deputy C~ty Clerk
SUBJECT Lynwood C~ty Council Minutes
Recommendation: Staff recommends the C~ty Councd adopt the following
M~nutes
· Regular Meeting, February 21,2006
Background: N/A
Fiscal Impact N/A
Coordinated With N/A
AGENDA
ITEM
LYNWOOD CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2006
The C~ty Councd of the City of Lynwood met ~n a regular meeting ~n the Councd
Chambers, 11330 Bulhs Road on the above date at 7 15 p m
Mayor Vasquez presiding
Councd Members Byrd, Johnson, Pedroza, Sanbllan, and Vasquez answered the roll
call
Also present were C~ty Manager Martmez, C~ty Attorney Beltran, and C~ty Clerk Hooper
C~ty Treasurer Pygatt was absent
C~ty Clerk Hooper announced that the Agenda had been duly posted m accordance w~th
the Brown Act
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Pearhne Calderon commented on ~tem #13 -APPROVAL OF AMENDMENTS TO THE
HOUSING REHABILITATION PROGRAM GUIDELINES AND PROCEDURES She
commented that there needs to be more input from the residents
Mayor Pro Tam Johnson made some remarks on behalf of Rev L J Gudlory regarding
the Accred~tabon of Compton College and the recent L A ja~l riots
PUBLIC ORAL COMMUNICATIONS
Alex Landeros commented that the C~ty ~s loosing revenue because they are holding up
certain economic development projects
Lorraine Reed commented on the C~ty's housing rehabd~tahon gu~dehnes
Paulette Bradley commented she took a tour of the Sen~or Center She also commented
on the need to have more retad stores ~n the C~ty
Frank Calderon commented he believes the C~ty has a 16 Mdhon dollar deficit
Peadme Caideron commented that it's ~mportant to bring City hall to ADA compliance
Jack Keen commented that C~ty officials should do more to support their local sports
teams
Hanan Islam commented that the Councd should act on the recommendabons of the
C~ty w~de classtflcabon study
Randy Perez commented on the need to add new tables for the Semor Center to
accommodate all patrons
Alex Landeros thanked the Mayor Pro Tem Johnson and Councd Member Santdlan for
helping clean up a vacant house on Louise Street
CONSENTCALENDAR
All matters I~sted under the Consent Calendar will be acted upon by one mohon
affirming the action recommended on the agenda There will be no separate d~scuss~on
on these ~tems pnor to vobng unless members of the Councd or staff request specific
~tems to be removed from the Consent Calendar for separate acbon
Council Member Pedroza pulled item #12 -GUERRA PROFESSIONAL SERVICES
(GPS) and also ~tem #14 -APPROVAL TO ENTER INTO A RESERVATION AND
COMMITMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND AMERICAN
FAMILY HOUSING, A QUALIFIED COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO) AND AUTHORIZING THE COMMITMENT AND
ALLOCATION OF HOME PROGRAM FUNDS
Mayor Pro Tem Johnson pulled ~tem #13-APPROVAL OF AMENDMENTS TO THE
HOUSING REHABILITATION PROGRAM GUIDELINES AND PROCEDURES
It was moved by Council Member Byrd, seconded by Council Member Sanbllan,
to approve the m~nutes, adopt the resolubons, and recewe & file reports
Item #7
MINUTES OF PREVIOUS MEETINGS
· Regular Meebng - January 17, 2006
· Special Meebng - January 23, 2006
Item #8 APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2006.020 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
Item #9
SELECTION OF A CONSULTANT TO CONDUCT A CITY-WIDE
CLASSIFICATION AND COMPENSATION STUDY
RESOLUTION NO. 2006,021 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CPS, HUMAN
RESOURCE SERVICES IN AN AMOUNT NOT TO EXCEED $73,000 TO CONDUCTA
CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY FOR ALL FULL AND
PART-TIME CLASSIFICATIONS
Item #10
AWARD OF CONTRACT FOR TEEN SQUARE CENTER PROJECT,
PROdECT NUMBER 05-5257, FEDERAL PROJECT NO 07-LA-0-LYN
STPLER-5250(008)
RESOLUTION NO. 2006.022 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A CONTRACT TO CS LEGACY CONSTRUCTION, INC, IN THE AMOUNT OF
$457,970 FOR TEEN SQUARE CENTER, PROJECT NUMBER 05-5257, FEDERAL
PROJECT NO 07-LA-0-LYN-STPLER-5250(008) AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT
Item #11
AWARD OF ATLANTIC AVENUE IMPROVEMENT PROJECT, PROJECT
NUMBER 05-5308 AND 05-5309
RESOLUTION NO. 2006.023 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A CONTRACT TO BANNAOUN ENGINEERS CONSTRUCTORS, IN THE AMOUNT
OF $386,090 FOR THE ATLANTIC AVENUE (MARTIN LUTHER KING BLVD TO
ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308
AND 05-5309, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Item #15
MODIFIED CONTRACTUAL AGREEMENT WITH THE LEGAL FIRM OF
BELTRAN AND MEDINA TO PROVIDE THE CITY ATTORNEY
SERVICES
RESOLUTION NO. 2006.024 ENTITLED:
RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A MODIFIED
CONTRACTUAL AGREEMENT WITH THE LEGAL F~RM OF BELTRAN AND MEDINA,
FOR THE CITY ATTORNEY SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-
EXCEED $35,000 EXCLUDING OUT-OF-POCKET EXPENSES
Item #16 CITY COUNCIL STAFF SUPPORT
RESOLUTION NO. 2006.025 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOODAMENDING
THE CLASSIFICATION PLAN, FOR AT-WILL HOURLY/PART-TIME EMPLOYEES BY
ADDING THE CLASSIFICATION OF DEPUTY TO THE CITY COUNCIL AND
APPROPRIATING THE FUNDS FOR UP TO AN ADDITIONAL FIVE (5) POSITIONS
Item #17 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER EMPLOYMENT
AGREEMENT
RESOLUTION NO. 2006.026 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES FOR THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #12 GUERRA PROFESSIONAL SERVICES (GPS)
Councd Member Pedroza pulled this ~tem for d~scuss~on He wanted to extend the
contract beyond April 30, 2006
After discussion, ~t was moved by Councd Member Pedroza, seconded by Mayor Pro
Tern Johnson, to extend the contract to June 30, 2006 and adopt the resoluhon
RESOLUTION NO. 2006.027 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING
THE CONTRACT BETWEEN THE CITY OF LYNWOOD AND GUERRA
PROFESSIONAL SERVICES (GPS) FOR THE PREPARATION, PUBLICATION, AND
DISTRIBUTION OF THE CITY NEWSLETTER THROUGH JUNE 30, 2006
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #13
APPROVAL OF AMENDMENTS TO THE HOUSING REHABILITATION
PROGRAM GUIDELINES AND PROCEDURES
Mayor Pro Tem Johnson pulled this item for discussion He asked staff to make a brief
presentation
Kirk Pelser, Leaonna Fletcher, and Gad Bloom~ngdale gave a presentation on the item
After discussion, ~t was moved by Mayor Pro Tem Johnson, seconded by Councd
Member Sanbllan, to adopt the resolubon
RESOLUTION NO. 2006.028 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AMENDMENTS TO THE HOUSING REHABILITATION PROGRAM GUIDELINES
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT.
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #14
APPROVAL TO ENTER INTO A RESERVATION AND COMMITMENT
AGREEMENT BETWEEN THE CITY OF LYNWOOD AND AMERICAN
FAMILY HOUSING, A QUALIFIED COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) AND AUTHORIZING THE
COMMITMENT AND ALLOCATION OF HOME PROGRAM FUNDS
Councd Member Pedroza pulled th~s ~tem for d~scuss~on He wanted to get an update
from staff
K~rk Pelser, Leaonna Fletcher, Gad Bloom~ngdale, and Bob Murphy gave a presentabon
on the ~tem Mayor Pro Tern Johnson requested that all projects be approved by the
Councd prior to any d~sbursement of funds
After d~scuss~on, ~t was moved Councd Member Santdlan, seconded by Councd Member
Byrd, to adopt the resoluhon
RESOLUTION NO. 2006.029 ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD APPROVING A HOME PROGRAM
RESERVATION AND COMMITMENT AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND AMERICAN FAMILY HOUSING
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
CITY COUNCILORALAND WRITTEN COMMUNICATION
CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED
Council Member Pedroza commented that he would hke to see the sub-committees
report back to the Council on their recommendabons He also commented that ~t was
~mportant to improve the C~ty's ~mage and pubhc relabons He sa~d th~s is wtal m order
to attract well qualified individuals for employment poslbons
Councd Member Byrd requested that the Council meehng adjourn in memory of Janet
Mendoza
Councd Member Santdlan concurred w~th Council Member Pedroza that ~t was ~mportant
to ~mprove the C~ty's ~mage and pubhc relabons
Mayor Pro Tern Johnson commented that ~n order to move the C~ty forward the Councd
had to have leadership skdls and forward looking ~deas
CLOSED SESSION
Item #18
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
Properties
See hsbng of properhes by Address and Assessor
Parcel Numbers ~n Attachment "A" to th~s agenda
C~ty Negobator
C~ty Council, C~ty Manager, C~ty Attorney,
Development Services Director and Umversal F~eld
Services, Inc
Negobabng
See I~shng of properbes and property owners ("Seller"
or "Seller's") ~n Attachment "A" to th~s agenda
Under Negobabon
Pnce and terms of payment - Seeking authonty to
make offer to Seller's for acqu~slbon of property and,
where appropriate, value of ~mmovable fixtures and
equipment, prows~on of appropriate relocabon
benefits and compensation for potenbal loss of
goodwdl to parties legally entitled thereto
B
W~th respect to every ~tem of bus~ness to be d~scussed in closed session
pursuant to Section 54957 6
CONFERENCE WITHLABOR NEGOTIATOR
Agency negobator
Sandra Rocha
Employee Orgamzahon Lynwood Employees' Assoc~abon
C
With respect to every ~tem of bus~ness to be discussed in closed session
pursuant to Section 54957
PUBLIC EMPLOYEE APPOINTMENT
D~rector of Public Works/C~ty Engineer
It was moved by Mayor Pro Tern Johnson, seconded by Council Member
Santillan, and carried to recess to Closed Session at 8:35 p.m.
Council reconvened at 10:03 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and
with respect to the following:
A CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties See hstlng of properties by Address and Assessor
Parcel Numbers ~n Attachment "A" to th~s agenda
City Negotiator City Council, City Manager, City Attorney,
Development Services D~rector and Universal F~eld
Services, Inc
Negotiating See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to th~s agenda
Under Negotiation 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, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to part~es legally enbtled thereto
Th~s ~tem was not addressed
B CONFERENCE WITH LABOR NEGOTIATOR
Agency negobator
Employee Organization
Sandra Rocha
Lynwood Employees' Association
After presentabon by Agency negobator Sandra Rocha, no acbon was
taken by the Council
C PUBLIC EMPLOYEE APPOINTMENT
D~rector of Public Works/C~ty Engineer
After d~scuss~on, the Councd reached consensus (5-0) authonzmg the
terms and cond~hons for employment to be presented to the Candidate for
the pos~bon
ADJOURNMENT
Having no further d~scuss~on, ~t was moved by Councd Member Santdlan, seconded by
Councd Member Pedroza, and carned to adjourn the regular Lynwood C~ty Councd
meebng at 10 05 p m, ~n memory of Janet Mendoza
Lehc~a Vasquez, Mayor
Andrea L Hooper, C~ty Clerk
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
AGENDA STAFF REPORT
March 21, 2006
Honorable Mayor & C~ty Councd Members
N Ennque Mart~nez, C~ty Manager
Mananna Marysheva, Assistant C~ty Manager - F~na
L~lly Mojarro, Accounhng Techmc~an ~
Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Lynwood C~ty Council
warrant register
approve the
..................... Attached Warrant Register dated March 21, 2006 ..............
AGENDA
REM
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
March 21, 2006
Honorable Mayor & C~ty Council Members
N Ennque Marbnez, C~ty Manager ¢/¢
Mananna Marysheva, Assistant City Manager/F~nanc~.cZ.Z/
/
Sandra Rocha, D~rector of Human Resourc.e.~
DESIGNATION OF CITY REPRESENTATIVE TO THE
INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY
Recommendation
Staff recommends that the C~ty Councd adopt the attached resolubon enbtled,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPOINTING A REPRESENTATIVE, AN ALTERNATE REPRESENTATIVE
AND A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING
BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
(ICRMA)"
Background.
The ICRMA is a lolnt powers authority created pursuant to the provisions of the
Cal]forma Government Code of which the City has been a member since 1986
The authority prowdes Liability Risk Management, Property Risk Management,
Workers' Compensation R~sk Management, and other serwces to ~ts members
The Joint Powers Agreement provides that a member of the City Council act as
the primary City representative, and City staff be assigned as an alternate and a
subsbtute alternate to the ICRMA Governing Board to represent the City's
interest in the absence of the City Council appointee The City Council member
and alternates have voting powers on all matters delegated to the governing
board
At the Council meeting of January 18, 2005, Councdmember Pedroza was
appointed as the City's representative, Ramon Rodnguez, as the City's alternate,
and Gad L Black as the substitute alternate The primary, alternate and/or
substitute alternate staff members represent the City at the monthly meetings
Discussion & Analysis:
On January 3, 2006, the City Council re-appointed Councdmember Fernando
Pedroza to the ICIXMA Board However, the City's alternate and substitute
alternate representatives are no longer with the City
AGENDA
iTEM
Designation of C~ty Representative to the ICRMA Board
March 21,2006
Page 2
The C~ty recently h~red Sandra Rocha as the D~rector of Human Resources Ms
Rocha ~s also responsible for the oversight of the day-to-day dubes and
responslbd~bes of the risk management program As such, it wdl be appropriate
to designate Ms Rocha as the alternate representabve and Yolanda Delgaddlo,
Personnel Analyst II as the subsbtute alternate ,n case the primary or the
alternate representabves are not able to represent the C~ty
ICRMA requires that any change of C~ty representabves must be done by a
resolution Therefore, staff requests that the City Counctl approves the attached
resolubon
F~scal Impact' None
Coordinated W~th
City Manager's Office
City Attorney's Off~ce
Finance Department
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPOINTING A REPRESENTATIVE, AN
ALTERNATE REPRESENTATIVE AND SUBSTITUTE
ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD
OF THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY (ICRMA)
WHEREAS, the City of Lynwood is a member of the Independent C~bes
R~sk Management Authonty ("ICRMA"), a lomt powers authority created pursuant
to the prows~ons of the Cahforma Government Code, and
WHEREAS, ICRMA provides a Llabd~ty R~sk Management Program,
Property R~sk Management Program, Workers' Compensabon R~sk Management
Program, and other programs for ~ts members, and
WHEREAS, the Joint Powers Agreement provides that the C~ty Councd of
each member C~ty shall appoint a member of the Ctty Councd as that City's
representabve to the ICRMA Govermng Board and also authonzes the
appointment of an alternate representabve and a subsbtute alternate
representabve to represent the city's interest in the absence of the city council
appointee, and
WHEREAS, the C~ty desires to designate ~ts representative to the ICRMA
Govermng Board
NOW, THEREFORE, BE IT RESOLVED that the C~ty Councd of the C~ty
of Lynwood does hereby fred, determine and declare as follows
SECTION 1 That Councdmember Fernando Pedroza ts hereby re-
appointed to serve on the ICRMA Governing Board and to the R~sk Management
Programs ~n which th~s C~ty parbc~pates
SECTION 2 That the D~rector of Human Resources ~s hereby appointed
as the alternate, to serve on the ICRMA Govermng Board and to the R~sk
Management Programs m which th~s C~ty participates in the absence of the
pnmary member noted m Secbon 1 above
SECTION 3 That the Personnel Ana{yst ti ~s hereby appointed as the
subsbtute alternate, to serve on the ICRMA Govermng Board and to the R~sk
Management Programs ~n which th~s Qty parbc~pates m the absence of the
primary and alternate members noted m Sections 1 and 2 above
SECTION 4 That the ~nd~wduals designated by th~s C~ty Council as the
C~ty's representatwe, alternate and substitute alternate representatives to the
ICRMA Govermng Board and to the R~sk Management Programs ~n which th~s
City parbc~pates are hereby confirmed and designated as the C~ty's delegates for
all purposes of represenbng the C~ty's ~nterests and exercising the authority of
the City with respect to the Coverage and the Program and voting on behalf of
the C~ty on all matters delegated to the Governing Board and s~gmng such
amendments as are contemplated to be approved by the Governing Board
SECTION 5 That a cerbfled copy of th~s Resolubon shall be provided to
the General Manager of the ICRMA
PASSED, APPROVED, AND ADOPTED th~s day of
,2006
ATTEST
LETICIA VASQUEZ, MAYOR
ANDREA L HOOPER, CITY CLERK
N ENRIQUE MARTINEZ,
CITY MANAGER
APPROVED AS TO FORM
CITY ATTORNEY
STATE OF CALIFORNIA }
}SS
COUNTY OF LOS ANGELES
I, the undersigned, C~ty Clerk of the C~ty of Lynwood, do hereby certify that the
foregoing Resolubon was passed and adopted by the C~ty Council of the C~ty of
Lynwood at a regular meeting held on the day of ,2006
AYES
' NOES
ABSENT
ABSTAIN
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
}
} ss
}
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing is a full, true and correct copy of Resolution No
on file in my office and that said Resolution was adopted on
the date and by the vote therein stated
Dated th~s __ day of 2006
ANDREA L HOOPER, CITY CLERK
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
March 21, 2006
Honorable Mayor & C~ty Councd Members
N Enr~que Marhnez, C~ty Manager IJ¢{¢
Dan Ojeda, D,rector of Pubhc Works / C,ty Eng,neer~¢~ lI')
Jose Mohna, Ufihty Services Manager
Award of contract for the Rehabd~tabon of Well No 19
Recommendation:
Staff recommends that the C~ty Council adopt the attached resolutton enbtled '%
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT FOR THE REHABILITATION OF WELL NO 19 TO LAYNE
CHRiSTENSEN COMPANY, AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE THE NECESSARY FUNDS TRANSFERS WITHIN THE PROJECT
ACCOUNTS"
Background:
Well No 19 ~s located at 2600 Industry Way It was built on February 8, 1971 and last
rehabd~tated ~n 1989 In November 2005, the well suffered damages to the pump
housing and ~ts P C C support base caused by a thunderstorm S~nce the pump
assembly wdl have to be pulled out of the well casing to conduct ~nspect~on and repairs,
staff has determined that th~s would be a good opportunity to rehabd~tate the well to
increase ~ts efficiency
Discussion & Analysis
The Nofice Inwfing B~ds for the Rehabfl~tabon of Well No ~19 was adverhsed on
February 2, 2006 ~n the Lynwood Press Wave, F W Dodge (Green Sheet), Reed
Construction Data, B~d-Amenca and S~erra Contractors Exchange A total of eleven (11)
b~d packages were received by contractors The b~d opening took place ~n the office of
the C~ty Clerk on February 23, 2006 Two (2) contractors submitted bids
CONTRACTOR
BASE BID QUOTE
Layne Chnstensen Company
Bakersfield Well & Pump Co, Inc
$188,605
$ 207,507
Layne Chnstensen company ~s the apparent lowest responsible b~dder at $188,605
AGENDA
ITEM
17
Fiscal Impact The funding ~s available in the Public Works, Capital Improvement
Project, Project No 05-5237 to pay for this service However, ~t is necessary to make
certain accounts funds transfers within the project account
Staff contacted the Water Replenishment D~stnct (WRD) to see if water grants are
available for water well rehabdltlon and improvements However, WRD ~s only providing
grants to remove tetrachlorol-ethylene (PCE) and tnchloro-ethylene (TCE) at this time
Coordinated With: F~nance Department ,C~ty Attorney's Off~ce and C~ty Clerk's Off~ce
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT FOR THE REHABILITATION OF WELL NO.
19 TO LAYNE CHRISTENSEN COMPANY, AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS
TRANSFERS WITHIN THE PROJECT ACCOUNTS
WHEREAS, the Well No 19 Rehab~l~tahon Project ~s hsted under the Capital
Improvement Project, Project No 05-5237 for fiscal year 2005-2006, and ~s funded by
the Water Bond fund of 1999, and
WHEREAS, the b~d opemng took place on February 23, 2006, and Layne
Chnstensen Company was the apparent lowest responsible b~dder at $ 188,605 00,
and
WHEREAS, a reference check has revealed that the Contractor has the
necessary expenence and experbse
NOW, THEREFORE, the City Councd of the C~ty of Lynwood does hereby find,
proclaim, order and resolve as follows
Section 1. That the Contract for the Rehabd~tat~on of Well No 19, Project No
05-5237 De awarded to Layne Chnstensen Company
Section 2. That the Mayor ~s hereby authonzed to execute the contract
agreement w~th Layne Chnstensen Company
Secbon 3. That the C~ty Manager or designee ~s hereby authonzed to make the
necessary funds transfers w~thm the project accounts
From T_9o
5-5237--4101 5-5237-4220
$40,000 $40,000
5-5237-4212 5-5237-4220
$30,000 $30,000
Section 4 This resolution shall take effect ~mmed~ately upon ~ts adopbon
PASSED, APPROVED and ADOPTED th~s 21st day of March, 2006
LETICIA VASQUEZ, Mayor
C~ty of Lynwood
ATTEST
ANDREAS L HOOPER, City Clerk
C~ty of Lynwood
APPROVED ASTO FORM
C~ty Attorney
C~ty of Lynwood
N ENRIQUE MARTINEZ
C~ty Manager
APPROVED AS TO CONTENT
DAN OJEDA
D~rector of Public Works /
City Engineer
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the C~ty of Lynwood, do hereby cerbfy that the
above and foregoing resolution was duly adopted by the City Council of the City of
Lynwood at a regular meeting held m the City Hall of sa~d City on the day
of ,2006 and passed by the following vote
AYES:
NOES:
ABSTAIN:
ABSENT:
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
C~ty Clerk, City of Lynwood
I, the undersigned C~ty Clerk of the City of Lynwood, and Clerk of the C~ty Council
of sa~d C~ty, do hereby certify that the above and forego~n9 ~s a full, true and correct
copy of Resolution No on file ~n my office and that sa~d resolut~o~
was adopted on the date and by the vote there~n stated
Dated this day of ,2006
C~ty Clerk, City of Lynwood
Z
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
AGENDA STAFF REPORT
March 21, 2006
The Honorable Mayor and Members of the City Councd
N Enrlque Mart,nez, C,ty Manager tic[~ ~¢~/l~)
Dan Ojeda, D~rector of Pubhc Works / C~ty Engineer
Rudolph Brown, Fac~hty Service Manager
Street Name S~gns Replacement Project At S~gnahzed
Intersecbons
Recommendation:
Staff recommends that the C~ty Councd adopt the attached resolution enbtled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE STREET NAME SIGNS REPLACEMENT PROJECT AT
SIGNALIZED INTERSECTIONS AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND
TRANSFER FOR THIS PROJECT"
Background:
On September 20, 2005 City Council approved the Street Name Signs
Replacement ProJect Citywlde Th~s proJect included the replacement of
approximately 1300 street name s~gns at vanous ~ntersecbons c~tywlde
However, there are approximately 128 larger street name signs at slgnahzed
Intersect~ons that were not ~ncluded m th~s proJect
Discussion & Analysis:
At the present brae, the City has 128 internally illuminated street name s~gns at
slgnahzed mtersecbons These s~gns require more maintenance and cost more to
operate because of the electnclty consumption
Staff has v~s~ted various c~bes and looked at their slgnahzed ~ntersecbon street
name s~gns Instead of using ~nternally dlum~nated signs, these c~hes use s~gns
that have highly reflective material on the sign surface, which makes them legible
under the intersection safety lights (see attachment A) Staff is recommending
that the ex~sbng ~nternally dlum~nated street name s~gns at s~gnahzed
~ntersecbons be changed to th~s type of s~gns Th~s change wdl reduce the
maintenance cost and the electricity cost wdl be completely eliminated Staff has
estimated a cost of $70,000 to replace one hundred and twenty eight s~gns
-AGENDA-
iTEM
c~tyw~de Th~s cost ~ncludes the purchase of s~gns, necessary hardware and
~nstallat~on cost
Fiscal Impact:
Approval of the replacement of ex~sbng street name s~gns wdl require the
appropnabon of $ 70,000 from the General Fund reserve The C~ty wdl realize
some sawngs ~n maintenance cost by ehmlnabng the need for electnc~ty to
illuminate these s~gns
Coordinated With: Finance Department, C~ty Attorney's Office and City Clerk's
Office
STREET SIGN ANALYSIS
ILLUMINATED STREET
SiGN
TOTALS SHEET
INTERSECTIONS NORTH OF I-'105 '102
INTERSECTIONS SOUTH OF I-105 26
GRAND TOTAL ~28
AT TAC~E~IEI~ "A"
FINA L_ILLUMINATE D_STR EET._NAME~_$[GN$_E NT1RE_ ~ITY (11 ~;~005) xls
C :~EATED 03/02/06
FINAL_IL LU MINATE D~ TR E~T_NA M~_SlGN$~FNTIR E.(~I~' ~ 11-2 O0~l ~ ILLUMINATED , 'REATED 03102100
STREET SIGN ANALYSIS
INTERSECTIONS NORTH OF I-'105
FiNAL_ILLUMiNAT~0_~TRE~T_NAr~E_SlGNS.ENTtRE_CITY(11 200B)x~ ILLUMINATED ;REATE{) 03102/06
STREET SiGN ANALYSIS
INTERsEcTIONS SOUTH OF 1-105
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE STREET NAME SIGNS REPLACEMENT PROJECT AT
SIGNALIZED INTERSECTIONS AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND
TRANSFER FOR THIS PROJECT
WHEREAS, the C~ty Council requested staff to upgrade the ex~sbng street
name s~gns at vanous slgnahzed intersections c~tyw~de, and
WHEREAS, such upgrade w~ll enhance mght brae leg~blhty of mgns and
ehmmate the electrical usage, and
WHEREAS, the project consists of replacing the one hundred and twenty
e~ght ex~stmg street name s~gns for larger and mere h~ghly reflecbve new street
name s~gns, which has been estimated to cost $70,000 and,
WHEREAS, the un-appropnated General fund ~s the only source of
funding avadable for this project
NOW THEREFORE, the City Council of the City of Lynwood does hereby find,
proclaim, order and resolve as follows
Section 1. That the C~ty Council approves the Street Name S~gns
Replacement Project at S~gnahzed Intersections
Section 2. That the C~ty Manager or designee is authorized to make the
following funds appropnabon and transfer for the Street Name Signs
Replacement Project at S~gnahzed Intersections
FROM
Un-appropriated General Fund
$70,000
TO
Street Name S~gns Replacement Project
at S~gnahzed Intersecbons
$7O,OOO
Section 3. Th~s resolubon w~ll take effect ~mmedlately upon ~ts adopbon.
PASSED, APPROVED and ADOPTED th~s day of
2006.
LETICIA VASQUEZ, Mayor
C~ty of Lynwood
ATTEST
ANDREA L HOOPER, C~ty Clerk
C~ty of Lynwood
N ENRIQUE MARTINEZ, C~ty Manager
APPROVED AS TO FORM
APPROVED THIS CONTENT
C~ty Attorney
C~ty of Lynwood
Dan Ojeda
D~rector of Pubhc Works /
C~ty Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, C~ty Clerk of the C~ty 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 meeting held m the C~ty Hall of sa~d
C~ty on the __ day of ,2006, and passed by the following vote
AYES
NOES
ABSENT
C~ty Clerk, C~ty of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned C~ty Clerk of the C~ty of Lynwood, and Clerk of the C~ty
Council of sa~d C~ty, do hereby cerhfy that the above and foregoing ~s a full, true
and correct copy of Resolution No on file ~n my office and that sa~d
resolution was adopted on the date and by the vote therein stated
Dated th~s day of ,2006
C~ty Clerk, C~ty of Lynwood
AGENDA STAFF REPORT
DATE
TO:
APPROVED BY
PREPARED BY.
March 21,2006
Honorable Mayor and C~ty Council Members
N Enr, que Mart, nez, C,ty Mar~.~..~
Ins Pygatt, City Treasurer
SUBJECT Treasurer's Quarterly Investment Report
Recommendation:
The City Treasurer respectfully recommends that the City of Lynwood receive and file the
attached Quarterly Investment Report for the quarter ending September 30, 2005
Background:
In response to the cnsls caused by the Orange County investment pool, the State Legislature
m 1995 enacted S8564 and S8866 These laws were enacted as State Statutes to unpose
certain mandates regarding lnvestmem w~th public funds The statutes have ~mposed the
following mandates
1 Annual adoption of an Investment Policy that incorporates changes mandated by
the State
2 Quarterly Investment Reports presemed to the Legislative Body or Board Members
3 Restnctton on the use of certain investment instruments
The attached Treasurer's Report has been prepared to proxqde the follow~ng information
1 Types of Investments 0ncludmg pnnclpal, market value rates, and maturity dates)
2 List of various bank accounts with banking restitutions
Statement informing each Agency (City, LRA, LPFA and LID that they are
expected to have sufficient hqmd funds to meet their pooled expenditure
reqmrements for the next SlX (6) months
4 Statement ~nformmg the City of Lynwood that the investment porffoho conforms
vv~th the adopted investment policy
AGENDA
ITEM
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AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY.
March 21, 2006
Honorable Mayor and C~ty Council Members
N Ennque Marbnez, C~ty Margaret
Ins Pygatt, City Treasurer
SUBJECT TREASURER'S STATEMENT OF INVESTMENT POLICY
PURPOSE
The purpose of this item ~s to estabhsh gu~dehnes for the prudent investment of
the C~ty of Lynwood's ~dle cash
BACKGROUND
The investment pohQes and practices of the C~ty of Lynwood are based on state
laws and pnnc~ples of prudent money management This statement is intended
to provide gu~dehnes for the prudent investment of idle and surplus cash, while
meeting the shod and long-term cash flow demands, and it is submitted annually
for City review The pnmary goals of these poh~es are'
1. To assure compliance w~th all federal, state, and local laws governing the
investment of monies under the control of the Treasurer
2 To protect the pnn~pal and asset holdings of the C~ty's porffoho
3
To generate the maximum amount of ~nvestment ~ncome within the
parameters of these ~nvestment pohc~es and guldehnes for suitable
investments
4 To ensure that adequate hquld~ty is prowded for the prompt and effluent
handhng of C~ty d~sbursements
RECOMMENDATION
It is recommended that the C~ty Councd adopt the attached resolution entitled "A
RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING THE TREASURER'S STATEMENT OF
INVESTMENT POLICY".
AGENDA
ITEM
POLICY:
Annually, ~n accordance with California Government Code (CGC) Secbon 53646,
the Treasurer w~ll render to the C~ty Council a Statement of Investment Pohcy for
consideration and approval at a pubhc meebng Any investments currently held
at that bme that does not meet the guidehnes of this policy, as charged from time
to time by the City Council, shall be exempt from the requirements of this policy
However, at the ~nvestment maturity or I~quidation, such funds shall be reinvested
only as prowded by this pohcy, which offer guidance to brokers and any external
investment advisors on the investment of City funds This investment policy
applies to all investment acbvities of the C~ty, except for the Employees
Rebrement and Deferred compensation funds are excluded because it is
separately managed by a third party administrator Th~s pohcy apphes to all C~ty
funds, except for bond proceeds that are managed by trustees Trustees must
comply with the provision of bonds indenture agreements
SCOPE:
Pohcy statements outlined ~n thru document apply to the C~ty's pooled funds, as
well as other financial assets under the City Treasurer's control unless exempted
by resolubon or by statue. These funds are accounted for in the City of Lynwood
Comprehensive Annual F~nancial Report and ~nclude
3.1 Fund
3 1 1 General Fund
3 1.2 Special Revenue Funds
3 1.3 Capital Project funds 3 1.4 Enterprise Funds
3 1 5 Trust and Agency Funds
3.1.6 Retirement Pension Funds 3.1 7 Internal Servme Funds
PRUDENCE:
The standard of prudence to be used by investment officials shall be the "prudent
investor" standard (CGC Section 53600.3) and shall be apphed in the context of
managing an overall portfolio which states that
"/nvestments shaft be made with judgment and care, under c~rcumstances then
prevailing, which persons of prudence, d~scretion, and intelligent exercise/n the
management of their own affairs, not for speculation, but for investment,
considering the probable income to be derived"
At the bme of purchase, it ~s the C~ty's ~ntent to hold all ~nvestments until matunty
to ensure the return of all invested pnncipal However, ~t ~s recognized that
market prices of securities will vary depending on economic and interest rate
condition at any point ~n bme.
The C~ty Treasurer, and other indw~duals who may be designated to manage the
C~ty's investment portfolio, when acbng within the intent and scope of th~s
investment policy and other authorized wdtten procedures, and when exercising
due dihgence, are reheved of personal liability for the indiwduals security's credit
nsk or market price change of a secunty or other ~nvestment, provided that
deviations from expectations are reported to the City of Lynwood m a bmely
2
manner and that appropriate action is taken tO mitigate unforeseen adverse
cond~bons
GOALS AND OBJECTIVES:
W~th~n the overndmg requirement of compliance with all Federal, State and local
laws governing the investment of moneys under the control of the Treasurer, and
as specified in the (CGC Section 53600 5), when investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing public funds,
Taking ~nto account the City's daily and periodic cash flow needs, the C~ty
desires to invest all temporarily ~dle funds at a close to 100% as is reasonable
possible The major portion of the City's investment portfolio will consist of
investment securities hawng maturates of one year or less Longer term
maturates are authorized, but may not general exceed 15% of the investment
p0rtfoho.
The basic goal of the City's investment policy is to ensure safety and avadabdlty
of temporarily idle funds when they are needed The primary objectives,
priority order, of the investment activities shall be,
a
Safety; Safety of pnnc~pal is the foremost objective of the investment
program Each investment transacbon must seek to ensure that capital
losses are avoided, whether from securities default, broker-dealer
default, or erosion of market value The City wdl endeavor to preserve
principal by mitigating both credit risk and market risk, as specified
below
Credit risk, which is defined as the risk of loss due to ~nsolvency or other
fadure of the issuer of a security, must be mitigated by purchasing
investment grade secunbes and by d~vers~fy~ng the investment portfoho
so that the fadure of any one issuer does not unduly harm the City's
capital base and cash flow
Market risk, which is defined as market value fluctuations, must be
mitigated by hm~fing the average matunty of the City's ~nvestment
porffoho to one year, hm~fing the maximum maturity of anyone security to
one year, structuring the portfolio to take into account historic and
current cash flow analysis, eliminating the need to sell securities for the
sole purpose of short term speculation
b
Liquidity. Because the City operated its own water utility and bills
monthly for utility serwces, cash flow is generated on a daily basis
Histoncal cash flow trends must be compared to current cash flow
requirements on an ongoing basis to ensure that the City's investment
portfolio will remain sufficiently I~quid to enable the City to meet all
reasonable anticipated operating requirements.
3
C
Return on the Investment. The ~nvestment portfolio shall be designed
and managed with the objective of attaining an benchmark rate of return
throughout budgetary and economic cycles, taking into account the
investment objectives, authorized investments and the cash flow needs
of the C~ty
DELEGATION OF AUTHORITY:
In accordance with Sechon 53607 of the Government Code, the City of Lynwood
management responsibility for the investment program ~s hereby delegated to the
Treasurer, who shall be responsible for all transacbons undertaken and shall
establish a system of control to regulate the activities of subordinate officials, and
their procedures in the absence of the Treasurer. Under the provision of CGC
Secbon 53600 3, the Treasurer ts a trustee and a fiduciary subject to the prudent
investor standard. The City may delegate to the C~ty Treasurer the authority to
invest or reinvest City funds for a one-year pedod
The Treasurer may delegate all, or a porhon of h~s/her ~nvestment authonty to a
Deputy C~ty Treasurer Prior to the delegation of the ~nvestment authority to a
Deputy C~ty Treasurer, the Treasurer shall nobfy the C~ty council and request
confirmation of the delegation. Delegation of ~nvestment authority will not
remove or abridge the Treasurer's investment responsibility
INVESTMENT PROCEDURES:
The Treasurer shall establish written ~nvestment policy procedures for the
operation of the investment program consistent w~th th~s policy The procedures
should include reference to safekeeping, wire transfer agreements, banking
service contracts and cellateral/depos~tory agreements Such procedures shall
include explicit delegation of authority to persons responsible for investment
transachons No person may engage in an investment transacbon except as
provided under the terms of this policy and the procedures estabhshed by the
Treasurer
ETHICS:
Elected officials, City officers an employees and any other individual involved in
the investment operabons are prohibited from personal business acbvity that
could conflict with proper execution of the investment program, or which could
~mpair their abihty to make ~mparhal investment decisions, or whmh could give the
appearance thereof Furthermore, these same indiwduals shall disclose any
material financial interest in financial ~nstitutions that conduct business within
their jurisdiction, and they shall further d~sclose any large personal
financial/investment positions that could be related to the performance of the
City
QUALIFIED DEALERS AND INSTITUTIONS:
The C~ty may transact business only with banks, savings and loans associations,
and regmtered investment dealers. Any ~nvestments other than those purchased
directly from a issuer must be purchased from 0) an individual or entity hcensed
by the State as a broker-dealer, as defined in Section 25004 of the Corporations
4
Code, and which is a member of the National Assoc~abon of Securities Dealers,
or (i0 from a member of a federally-regulated secunbes exchange, or (~,) a
national or state charted bank, or 0v) a federal or state associabon (as defined by
Section 5102 of the Financial Code) Or (v) a brokerage firm designated as a
pnmary government dealer by the Federal Reserve Bank
The City Treasurer must investigate and evaluate all financial institutions that
desire to do business with the C~ty in order to determine whether they are
adequately capitalized, whether they make markets in securities that are
appropriate to the City's needs, and whether they w~ll agree to ab~de by the
conditions and limitations set forth ~n the C~ty's investment policy. This may be
accomplished by the following: a financial insbtution to complete and return an
appropriate quesbonnalre, audited financial statements, proof of National
Assoclabon of Security Dealers cert~flcabon
AUTHORIZED AND SUITABLE INVESTMENTS:
General, investments must be made in accordance with the "prudent investor
rule" that is c~ted under the heading "Prudence."
The C~ty ~s subject to Cal~forma Govemment Code, Sections 53600 et seq
w~thln the context of these limitations, the following investments are authorized,
subject to the restrictions noted below
Un~ted States treasury bdls, notes, and bonds or similar ~nstruments for
which the full faith and credit of the Un,ted States is pledged for payment
of principal and interest Thera Is no limitation on the percentage of the
C~ty's surplus funds that can be ~nvested ~n these instruments. The
maximum maturity period may not exceed 5 years
b
Obhgabon ~ssued by banks for cooperatives, Federal land banks, federal
~ntermediate credit banks, the Federal Home Loan Board (FHLB), and the
Federal Nabonal Mortgage Association (FNMA) Although there is no
percentage I~mitat~on on investments in these obhgations, the "prudent
investor rule" applies to obligahons issued by any of these agencies,
because U S Government backing is ~mpl~ed rather than guaranteed
Commercial paper rated "PI" by Moody's Investor Services and "AL+" by
Standard & Poor, and issued by a domestic corporabon having assets in
excess of $500,000,000 and hawng an "AA" or better rabng on ~ts long-
term debt as determined by Moody's or by Standard and Poor. The
purchase of eligible commercial paper may not exceed 180 days maturity
nor represent more than 1 0% of the outstanding paper of an issuing
corporabor~ The Purchase of commercial paper not to exceed 15% of the
City's surplus funds
Negotiable certificates of deposit issued by a national or state-charted
bank or a state or federal saving and loan association. Negotiable
certificates of deposit may not exceed 30% of the C~ty's total portfolio
5
e
Certificates purchased from a bank may not exceed 30% of the C~ty's total
portfolio Certificates purchased from a bank may not exceed the
shareholder's equity in the bank Certificates over $500,000 purchased
from savings and loan association may not exceed the net worth of the
association A maturity hmltation of 5 years ~s apphcable.
State of Cahfornia LoCal Agency Investment Fund (LAIF) is permitted, with
the knowledge that the fund may invest m come vehicles allowed by
statue but not otherwise authorized by the City Council in this (SIP) The
Treasurer shall obtain from the State Treasurer, no less than quarterly
reports providing sufficient detail to adequately judge the risk inherent in
the LAIF portfolio, and shall inform the C~ty Council immediately of any risk
noted that may warrant reconsideration of this investment vehicle (Limits.
Maximum concentration $30 million combined limit for all accounts )
Investment in new government sponsored pools will be subject to due
diligence A thorough investigation of the pool ~s required pnor to
investing, and on a continual bas~s
Funds held under the terms of a Trust Indenture or other contract or debt
issuance agreement may be invested according to the prows~ons of those
indentures agreements.
The C~ty may revest in non-negotiable time deposits that are collaterahzed
as required by the California Government Code, and that are maintained
~n banks and savings and loans associations that meet the requirement for
accepting deposits of public funds Because time depostts are not hquid,
no more than 25% of the City's temporarily idle funds may be invested in
this category
Medium term corporate notes with a maximum matunty of 5 years may be
purchased Secunbes ehg~ble for investment must be rated AA or better by
Moody's Standard & Poor's rating services Medium term notes may not
exceed 305 of the market value of the City's portfolio, and not more than
15% of the market value of the portfolio may be invested in notes ~ssued
by anyone corporation. Commercial paper holding must be included when
calculating this 15% limitation.
PROHIBITED INVESTMENTS:
The C~ty Treasurer is prohibited from the following
1. Corporate share of stocks, corporate bonds and reverse purchase
agreements.
2. Borrowing for investment purposes CLeverage') ~s prohibited
3 Buying or selling securities "on Margin" is prohibited
4. Investing in any instrument, which is commonly known as a "derivative"
instrument (opbons, futures, swap, caps, floors, collars, US Treasury
6
strips, ~nterest only bonds, interest only strips denved from mortgage
pools), or any investment that may result in a zero interest accrual, even if
held to maturity, is prohibited
5 Under the provision of CGC Secbons 53601 6 and 53631 5, the City shall
not invest any funds covered by thru SIP m instruments knows as
Structured Notes (e g. Inverse floaters, leverage floaters, structured CD's
range notes, equity linked securities) Any such investments are
prohibited.
6 Trading secunt,es for the sole purpose of speculating on the future
d~rectlon of interest rates ~s prohibited
COLLATERAL REQUIREMENTS:
Collateral is required for investments in certificates of deposit and repurchase
agreements In order to reduce market risk and provide a level of secunty for all
funds, the collateralizatlon level will be (102%) market value of pnnclpal and
accrued ~nterest
In conformity w~th the provisions of the Federal Bankruptcy Code that provide for
the I~qu~dation of securities held as collateral, the only secuntles acceptable as
collateral are certificates of deposit, commercial paper, ehg~ble bankers
acceptances, and medium term notes or securibes that are the direct obligation
of, or are fully guaranteed as to principal and interest by the United States or any
City of the United States.
An independent third party w~th whom the City has a current custodial agreement
will always hold collateral.
The right of collateral substltubon ~s granted.
DIVERSIFICATION:
The Treasurer shall maintain a d~vers~fied portfolio to minimize the nsk of loss
resulting from over concentration of assets in a Specific matunty, issuer, or
security type. With the exception of U.S. Treasury securities and authorized
pools, no more than 50% of the City's total investment portfolio wdl be invested in
a single secunty type or w~th a single financial institubon
MAXIMUM MATURITIES:
Every effort will be made to match investment maturities to cash flow needs.
Matching maturibes with cash flow dates w~ll reduce the need to sell securities
prior to maturity, thus reducing the market risk Unless matched to a specific
cash flow, the portfolio will not directly invest in secunties maturing more than
one year or ess from the date of purchase (excluding LAIF).
Reserve funds may be ~nvested in secunbes exceed one year ~f the maturity of
such investments is made to coincide as nearly as practicable w~th the expected
use of the funds. No portion of the portfolio may exceed five years
7
INTERNAL CONTROL:
Intemal pohc~es and procedures shall be developed to assure that appropriate
controls are In place to document and confirm all transachons The Treasurer
shall recommend estabhsh~ng an annual process of independent rewew by an
external auditor This rewew will provide internal control by assuring compliance
with pohcies and procedures.
PERFORMANCE STANDARDS:
The investment portfolio shall be designed w~th the objecbve of obtaining a rate
of return throughout budgetary and economic cycles, commensurate w~th
investment risk constraints and cash flow needs'
a Investment Strategy The portfolio's basis ~nvestment strategy is to buy
and hold investments until maturity. However the Treasurer may sell a
security due to adverse changes in credit risk or due to adverse changes
in credit risk or due to unexpected cash flow needs.
b Market Y~eld (Benchmark). Market average wdl be determined by year-
end average rates of return from a combinabon of indices: Locat Agency
Investment Fund (LAIF), 3-mOnth and 6-month treasury b~lls
REPORTING:
In comphance with Government code Section 53607 and 53646, the Treasurer
shall prowde the City Council quarterly investment reports, which provide a clear
picture of the status of the current investment porffoho The management report
should provide a condensed summary of the most important information in the
report, plus a detailed report covering the following elements
1. A listing of indlwdual secunhes held at the end of the reporting period by
authonzed Investment category
2 Average hfe and final maturity of all investments listed
3 Coupon, discount or earnings rate
4. Par value, amortized book value and market value
5. Percentage of the portfolio represented by each investment category.
INVESTMENT POLICY ADOPTION:
The Treasurer shall annually render to the City Council a Statement of
Investment policy as required in Section 53646(a) of the Government Code The
C~ty's investment policy shall be adopted by resolution of the City Councd and
shall be reviewed annually, any modlflcabon made thereto must be approved by
the legislative body
8
RESOLUTION NO.. ....
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE TREASURER'S STATEMENT OF INVESTMENT POLICY
WHEREAS, the Treasurer ~s responsible for the C~ty of Lynwood's cash flow
whereby funds are transferred from various accounts to meet operating obhgabons, and
WHEREAS, the Treasurer ~s also responsible for the ~nvestment of ~dle cash, and
WHEREAS, the Treasurer has prepared gu~dehnes for a prudent ~nvestment
pohcy, and
WHEREAS, the pohcy contains certain ~nvestment cntena, and
WHEREAS, the basic premme of the pohcy ~s to ensure the safety of funds and
assure that the Lynwood C~ty Council's cash needs are met
NOW, THEREFORE, the Lynwood C~ty Council does hereby find, proclaim, order
and resolve as follows
Section 1 That the Treasurer's Statement of Investment Pohcy is hereby
approved
Section 2 Th~s resolubon shall go ~nto effect ~mmed~ately upon ~ts adopbon
PASSED, APPROVED and ADOPTED th~s day of
LETICIA VASQUEZ, MAYOR
ATTEST:
Andrea Hooper, C~ty Clerk
APPROVED AS TO CONTENT:
N Ennque Marbnez, C~ty Manager
APPROVED AS TO FORM:
Amoldo Beltren, City Attorney
9
Glossary
Active Deposits. Funds whtch are ~mmediatcly reqmred for &sbursement
Active investment management. An investment strategy that revolves the active trading of secunnes
tn an attempt to earn above-average returns on a porffoho. Active investment management reqmres
frequent momtonng of financial markets
Agency A debt security issued by a federal or federally sponsored agency Federal agencxes are
backed by the full froth and credit of the U.S. Government. Federally sponsored agenmes (FSAs) are
backed by each particular agency w~th a market perception that there ~s an ~mphc~t government
guarantee. An example of federal agency ~s the Government Nanonal Mortgage Assocmnon (GNMA)
An example of an FSA ts the Federal Natmnal Mortgage Assoc~atmn (FNMA)
Arbitrage. Generally, transactions by which securities are bought and sold xn d~fferent markets at the
same time for the sake of the profit arising from a difference in prices ~n the two markets.
Bankers' Acceptances (BA's) Txme drafts or bills of exchange that are accepted payment by banks
engaged ~n the financing ofintemanonal trade. BA's finance the lmportaUon, exportatmn, shipment or
storage of foreign and domestic goods. BA's are usually backed by documentation such as invoices.
bills of lading, or warehouse receipts. Upon acceptance by a bank-, a BA becomes an ~rrevocable and
unconditional obhgation of the accepting bank, while ~t ~s also an obligation of the drawer as well as
any endorser thereof.
Basis point. By corm'non agxeement, 0.01% of y~eld on a fixed income security (1/100 of 1%).
Bond Equivalent Yield (BEY). An annual y~eld, expressed as a percentage, describing the rectum
provided to bond holders. A bond eqmvalent yield is double s~mple interest, semmnnual yield Since
Treasury and agency notes and bonds pay ~nterest semiannually, the bond eqmvalent ymld is a way to
compare yields from discount securities, such as Treasury bills and bankers' acceplances with yields
available from coupon securities. From that usage, th~s yield measure is also known as the coupon
y~eld equivalent. For securities that pay daily, monthly or quarterly ~nterest, the bond equivalent yield
understates the benefits obtained from the compounding of those ~nvestments.
Book-entry clearance A system for the transfer of ownership of securities through entries on the
records of a centrahzed agency The centralized agency holds secunnes on behalf of their owners;
A4mn the securities are sold, ownership ~s transferred by bookkeeping entry from the seller to the
purchaser. In the case oFU.S governrnent, secunnes, secunues cemficates are not issued, and
ownership of the securities is evidenced ~n computer records maintmned by the Federal Reserve
System For other types of securities, book entry clearance is made available through hnked or
interfaced systems maintained by four securitms depositories, whtch hold secunues and act on behalf
of their participants.
Book-entry security. A security which ~s not available to purchasers ~n physical form. Such a security
may be held e~ther as a computer entry on the records of a central holder (as is the case with U.S.
certain government securities) or in the form of a sxngle, global cemficate.
Book value The value at which a security ~s carned on the inventory, hsts or other financial recorcls o!
an investor Th,s value may be the original cost ofacqmsmon of the security, or ong, nal cost ad)usted
by the amomzat,on ofa premmm, or accrenon o£a discount The book value may d,ffer s,gmficantl3
fi.om the security's current value in the market
Broker. A broker brings buyers and sellers together for a commiss,on paid by the inmator of the
transact,on or by both sides, he does not posmon or take ownership of the secunD
Certificate of Deposit (CD). A deposit of funds, in a bank or savings and loan assoc,auon for a
specified term that earns interest at a specified rate or rate formula
Collateralization. Process by which a borrower pledges securities, property or other depostts for the
purpose of secunng the repayment of a loan and/or security
Commercial Paper. Unsecured short-term prom,ssory notes issued by corporat,ons, w,th mamnnes
ranging from 2 to 270 days May be sold on a discount basis or may bear interest. Firms w,th lower
ratings or without well known names usually back their commercial paper with ~m~arantees or bank
letters of credit.
Coupon rate Interest rate, expressed as a percent4ge of par or face value, that msuer promises to pay
over lifetime of debt security.
Credit Risk. The risk to an investor that an issuer will default in the payment of interest and/or
principal on a security.
Current Yield (Current Return). A measure of the simple interest annual yield for interest-bearing
investments with maturities of one year or more. To calculate the current y,eld, the annual coupon
interest income is divided by the amount pa,d to acquire the investment It is important to note that the
current yield is only accurate for investments purchased at par The current y,eld calculation includes
just one income cash flow. the annual interest income It ignores the profit or loss resulting from
discounts and premiums.
Custody. The service of an organization, usually a financ,al ,nsnPanon, of hold,ng (and reporting) a
customer's securities for safeke~ping The financml msnmnon ~s known as the custo&an.
Dealer. An individual or firm who, as a matter of regular business~ purchases or sells securities for his
account and risk
Delivery versus payment (DVP). A settlement procedures where payment for a secunnes purchase is
made simultaneously with the transfer of the purchased secunnes. The same procedure applies for a
securities sale; the securities are transferred as payment ,s made.
Derivative instrument. A security that derives ,ts value from an underlying asset, group of assets,
reference rate, or an index value. Some derivative instruments can be highly volatile and result in a
loss of principal in changing interest rate environments.
Discount. The amount by which a bond sells under ns par (face) value
Discount securities. Securities that do not pay periodic interest Investors earn the dtfference bet~ een
the d~scount issue price and the full face value paid at maturity Treasury, bills, bankers' acceptances
and most commercial paper are tssued at a dtscount.
Diversification. D~v~ding ~nvestment funds among a variety of securities offenng ~ndependent returns.
to reduce risk inherent ~n particular securines
Effective Annual Yield. A seldom used expression to refer to the yteld on an mvestment expressed on
a compound interest basis
Fed Wire, Computerized network linking the Fed w~th its district banks, member banks, and primary
dealers in government secunnes.
Federal Agency Securities A vanety of securities issued by several Federally sponsored
agencies. Some are issued on a d~scount bas~s and some are ~ssued with coupons Several
have the full faith and credtt guarantee of the U.S. government, although others do not
Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank depos;ts,
Currently up to $100,000 per deposit
Federal funds (Fed Funds). Funds placed in Federal Reserve banks by depository insututions in
excess of current reserve requirements. These depository institutions may lend fed funds to each other
overnight or on a longer basis. They may also transfer funds among each other on a same-day basxs
through the Federal Reserve banking system. Fed funds are considered to be ~mmediately available
funds.
Fed Funds Rate -Interest rate charged by one inst:tution lending federal funds to another.
Floater. A floating rate security with an interest rate that resets at specified intervals accordmg to an
underlying index, such as LIBOR (the London Interbank Offered Rate), and ns based on a
predetermined formula. The value of a floater will fluctuate as interest rates change and therefore can
be very volatile.
Inactive deposits. Funds not immediately needed to dtsbursement.
Interest rate risk. The risk associated ), with dechnes or rises tn ~nterest rates which cause an
investment in a fixed-income security to increase or decrease ~n value.
Inverse floater. A security that reacts ~nversely to the d]recnon of~nterest rates. These securities can be
very volatile and can lose value in a rising interest-rate environment
Leverage. An attempt to increase the rate of return on an investment by buying securities on margin or
using borrowed funds for investment purposes This pracUce can be risky if interest rates rise or if
investment yields are lower than expected.
Liquidity.. The quality of an asset that pertmts it to be convened quickly into cash w~thout a s~gn~ficam
loss of value
Local Agency Investment Fund (LAIF). A special fund m the State Treasury which local agencies
may use to deposit funds for investment and for reinvestment. There is no mimmum investment period
and the minimum transaction Is $5,000, in multiples of $I,000 above that, w~th a maximum of $20
milhon for any agency. It offers high llqmd:ty because depoms can be convened to cash ~n 24 hours
and no interest is lost All interest is d~smbuted to those agenmes participating on a propomonate share
determined by the amounts deposited and the length of nme they are 1 deposited Interest ~s prod
quarterly wa a check, warrant, or d~rect depos:t to the agency's State ~ Pooled Fund account The State
keeps an amount for reasonable costs of making the investments,
not to exceed 1/4 ora percent of the earnings
Marketability The measure of ease with which a security can be sold in the secondary market
Mark-to-Market. The practme of valmng a security ofponfoho according to ~ts market value, rather
than its cost or book value.
Market Rate of Return. The average yield of the 3-month U.S Treasury Bill or other index that
closely, matches the average maturity of the portfolio
Market Value. The price at wluch the security ts trading and could presumably be purchased or sold.
Maturity Date. The specified day on which the issuer of a debt security is obhgated to repay the
pnncipal amount, or face value of, a security.
Money Market Mutual Fund Mutual funds that invest solely in money market instruments (short-
term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and
federal funds).
Mutual Fund. An investment company that pools money and can invest in a variety of securities,
including fixed-income securities and money market instruments. Mutual funds are regulated by the
Investment Company Act of 1940 and must abide by the following Securines and Exchange
Commission (SEC) disclosure gmdehnes
Negotiable. Salable.
Par. Face value or pnncipal value of a bond, typmally $1,000 per bond.
Passive investment management An investment strategy where securities are bought with
the intention of holding them to maturity or investments m benchmark products designed to yield a
market rate of return.
Principal. The face amount or par value ora debt instrument.
Primao' Dealer. A small group oftarge banks and brokers that have pledged to make a market for anx
Treasury secunues at any nme. The are required to report their tnventow posmons and ~olume of
acuvmes to the Federal Reserve Because of this, they are given the right to deal &rectly unh the
Federal Reserve in their daily operations.
Prudent Investor Standard. A standard of conduct where a person acts with care, skill, prudence, and
dihgence when mvestmg, reinvesting, purchasing, acquinng, exchanging, selhng and managing funds.
The test of whether the standard is being met ts ifa pFudent person acting in a similar s~manon x~ ould
engage in s~mflar conduct to ensure that investments safeguard pnnc~pal and maintain hqmd~t.x
Rate of return The amount of income received from an investment, expressed as a percentage A
market rate of return ~s the y~eld that an ~nvestor can expect to receive in the current interest-rate
environment mihzmg a buy-and-hold to maturity investment strategy
Public Securities Association The bond market trade association, which publishes a Master
Repurchase Agreement that is widely accepted as the industry standard.
Rating Judgment of creditworthiness of an issuer made by an accepted rating service.
Repurchase Agreement 0lepo). A form of secured, short-term borrowing ~n which a security is sold
with a simultaneous agreement to buy it back from the purchaser at a future date. A master repurchase
agreement is a written contract govermng all future transactions between the parties and seeks to
establish each party's rights m the transaction.
Reverse Repurchase Agreement. A form of secured, short-term ~nvestment in which a security is
purchased w~th a simultaneous agreement to sell it back to the seller at a future date.
Safekeeping. A procedure where secuntaes are held by a third party acting as custodian for a fee.
Secondary Market Markets for the purchase and sale of any previously issued financial instrument.
The first sale of a financial instrument by the original Issuer is said to be done a Primary market. All
subsequent trades are said to be secondary market.
Securities Investors Protection Corporation (SIPC). A private corporation providing insurance to
brokerage finns to cover customer accounts up to $500.000 in secunnes 0ncludlng (100,000 in cash).
Swap. The trading of one asset, or cash flows, for another Someumes used in active portfolio
management to ~ncrease investment returns by "swapping" one type of security for another. Also used
to manage risk; for example, swapping fixed interest rate payments for floating rate payments.
Total return. Interest income paid on the invested principal, plus ~nterest income earned from the
successive reinvestment of that interest ~ncome, plus projected capital gains (or minus losses) on the
investment, Differs from 3add to maturity because (1) it can include gmns or losses from sales prior to
maturity, and (2) it permits the assumption ora relnvestment rate different from the yield earned on the
underlying principal.
Treasury. Bills Short-term U.S government nonqnterest beanng debt securities wlth maturities oI no
longer than one year and issued ~n mmtmum denom~nanons of $10.000. Aucnons of three- and s~x
month bills are weekly, while aucuons of one-year bdls are monthly The ymlds on these bdls are
momtored closely tn the money markets for s~gns of interest rate trends
Treasury Notes. Intermediate U.S. government debt securities with maturities of one to 10 years and
tssued ~n denominanons ranging from $ 1 ~000 to $1 million or more
Treasury. Bonds Long-term U.S government debt securities w~th matunt~es often years or longer
and issued in minimum denominations orS1,000 Currently, the longest outstand2ng maturity for such
securities is 30 years. -
Uniform Net Capital Rule. Securities and Exchange Comrmssion 15C3-1 outlining capital
requirements for brokers.
Weighted Average Matudty (W AM) The average maturity of all the securities that comprise
a portfolio.
Yield. Loosely refers to the annual return on an invesmaent expressed as a percentage on an annual
basts. For interest-beanng secuntms, the yteld ~s a function of the rate, the purchase price, the ~ncome
that can be earned from the reinvestment ofmcome received prior to maturity, call or sale and the ttme
from purchase to maturity, call or sale D~fferent formulas or methods are used to calculate yield. See
Yield to Maturity and Total Ret,am Analys~s.
Yield-to-maturity. The rate of return yielded by a debt security held to maturity when both the interest
payments and the investor's potential capttal gain or loss are included m the calculatton of the return
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
March 21, 2006
Honorable Mayor and Members of the C~ty Council
N Ennque Uartlnez, C~ty Manager t)¢~ //") ~ j
Mananna Marysheva, Assistant C~ty Manage~//,'"
Lmda M Huff, Accounting Technician
Cerbfication, Review, Ratlflcabon and Granting of Utility
User's Tax Exempbons for calendar year 2006
Recommendation:
Staff recommends that the C~ty Councd rewew and approve the attached
resolubon entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD RATIFYING THE APPROVAL OF THE CERTIFIED LIST OF
UTILITY USER'S TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1,
2005 THROUGH DECEMBER 3'1, 2005 AND APPROVING THE CERTIFIED
LIST OF UTILITY USER'S TAX EXEMPTIONS FOR THE PERIOD OF
JANUARY 1, 2006 THROUGH DECEMBER 31, 2006, AND IN EACH CASE
GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED
LISTS."
Background:
In November 1990, the City Council adopted Ordinance No 1352 establishing a
Utd~ty User's Tax on water, electncity, gas, and telephone servmes In addihon,
C~ty Councd adopted Resolution No. 90-191, ~mplementlng a schedule for levying
the Utility User's Tax and establishing certain exempbons from the Tax Secbon
5 of Resolubon No. 90~191 states that the Tax Adm~mstrator for the City,
currently the Assistant City Manager - Fm~ance, shall review and certify the
el~gibdlty of each applicant for waiver of the Utdlty User's Tax All cerbficabons
also require C~ Councils approval
The criteria for the exemptions are as follows
a
c
Semor c~bzen status - 65 years of age or older
Use of Cogenerabon (any technology for prowd~ng energy wdl be
exempt from Ubllty User's Tax for port~on of power produced by
cogenerabon)
Cable TV Service Users
Permanently D~sabled Lynwood Residents (m September 1999, the
C~ty Council approved and adopted Resolubon 99-154 exempting the
permanently d~sabled from the Utility User's Tax)
AGENDA
ITEM
To date, no exemptions have been given for employing cogenerabon technology
However, for the period of January 1, 2005 through December 31, 2005, two
hundred forty-nme (249) semor citizens and four (4) permanently d~sabled
residents have been certified by the Assistant City Manager - Finance or
designated staff For the penod of January 1, 2006 through December 31, 2006,
two hundred seventy-three (273) semor cibzens and four (4) permanently
disabled residents have been certified Cable TV users are exempted as a group
and are not separately identified on the cert~ficabon list
Discussion & Analysis:
On March 15, 2005, the C~ty Council adopted Resolubon No 2005-041, which
purported to certify the Utility User's Tax exemption list for the period January 1,
2004 through December 31, 2004 The hst attached to that Resolution in fact
represented the hst of certified exemptions for the per~od January 1, 2005
throu.qh December 31, 2005 (See Exhibit "A") The attached Resolution therefore
requests the C~ty Council to ratify the list of cerbfied exemptions for the 2005
calendar year
Exhibit "B" of the attached Resolution provides for the C~ty Council's rewew and
approval the names of (277) residents cerbfied for utility user tax exemptions for
the period of January 1, 2006 throuRh December 31, 2006.
The Assistant C~ty Manager- Finance and staff have reviewed and determined
that all apphcants hsted on Exhibits "A" and "B" of the attached Resolution have
met the criteria for exemption as established by Resolubon No 90-191.
Fiscal Impact:
The esbmated loss of revenue from the above exemptions ~s $324,781 for the
period of January 1, 2006 - December 31, 2006 Approximately $286,000 is
from Cable T V, and the remaining cost is from semor clbzens and permanently
d~sabled citizens
Coordinated With: City Manager's office and C~ty Attorney's office
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RATIFYING THE
APPROVAL OF THE CERTIFIED LIST OF UTILITY USER'S TAX EXEMPTIONS FOR THE
PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 AND APPROVING THE
CERTIFIED LIST OF UTILITY USER'S TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1,
2006 THROUGH DECEMBER 31, 2006, AND IN EACH CASE GRANTING EXEMPTIONS TO
THE INDIVIDUALS ON THE CERTIFIED LISTS
WHEREAS, The Lynwood Qty Council adopted Ordinance No 1352 and Resolubon No
90~191 ~mposmg and ~mplementmg a schedule for Ubhty User's Tax on cedan ubhty usage; and
WHEREAS, the Qty Council ~n adopting Ordinance No 1352 determined that ~mpos~tlon of
the Ut,hty User's Tax may cause undue hardship on cedam md~wduals, and
WHEREAS, to alleviate the undue hardship, the Qty Councd adopted Resolution No 90-
191 establishing classes of residents exempt from payment of the Utility User's Tax and gu~dehnes
for ascertanmg the ehg~b~hty of apphcants for exempbon, and
WHEREAS, Resolubon No 90-191 estabhshed, among other th~ngs, Ubhty User's Tax
exemptions for semor c~t{zens, cable TV service users and those employing cogenerat;on
technology, and
WHEREAS, by adopbng Resolubon No 99-154, the Qty Councd estabhshed a Utility
User's Tax exemption for the disabled, and
WHEREAS, the Assistant Qty Manager - Rnance or designated staff has rewewed and
venfied the status of all apphcants as to compliance w~th the requirements of Resolubon Nos 90~
191 and 99-154
NOW, THEREFORE, the City Councd of the Qty of Lynwood does hereby find, order, and
resolve as follows
Section 1. That the approval and certification of the Cerbfied Utihty User's Tax Exemption
bst for the period of January 1, 2005 to December 31, 2005 (attached hereto as Exhibit '%") ~s
hereby ratified
Section 2. That the Ced~fied Ubhty User's Tax Exemption L~st for the period of January 1,
2006 through December 31, 2006 (attached hereto as Exhibit "B") has been rewewed and
cert~ficabon ~s approved
Section 3. That the apphcable exempbons from the payment of the Ubhty User's Tax for
the md~wduals specified on the certified hsts are granted
Section 4. That th~s msolubon shall go ~nto effect ~mmed[ately upon its adopbon
PASSED, APPROVED AND ADOPTED this day of 2006,
ATTEST:
Let~c~a Vasquez, Mayor
Qty of Lynwood
Andrea L, Hooper, City Clerk
City of Lynwood
APPROVED AS TO FORM:
APPROVEDASTO CONTENT:
J Amoldo Beltran, C~ty Attorney
Qty of Lynwood
N Ennque Martmez, Qty Manager
City of Lynwood
Mananna A Maryshevea
Assistant City Manager - Finance
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2005
LAST NAME FIRST NAME
AC EVE DO SANTO S/TE R ESA
ALLEN ELSIE
ALVAREZ ABEL
ALVlZO JOSE
ANDERSEN HELEN
ANDERSON GEORGE
ANDERSON HARLAN
ANDERSON ALICE
ANDERSON CAROLYN
ANDERSON MARTIN
ARMSTRONG RICHARD
ARROYO ALEJANDRO
AUSTIN ERNESTINE
BALLARD AARON
BAILEY RUTH
BANUELOS LILIA
BARRERA ANTONIA
BEIMER JOHN
BENBENEK CASEY
BERGERON ANNA-ARTHUR
BERGMAN OSCAR
BERZAT PAUL
BLANTON HORACE/BERTHA
BLACKMAN ALBERT
BLAIR ARTHUR
BOLIO MIGUEL
BORRAYO ARNULFO
BROWN EUGENE
BROWN MARY
BURKHARDT LUTHER
BURTON MARY
BUTTS MARY
BYRD LOUIS
CALLOWAY LAMAR
CALDERSON FRANKJPAULINE
CALDWELL MARGIE
CALKINS JENNIE/DELMAR
CAMERON CONCEPSION
CARMAN CONNIE/HARREL
CARUSO ANNE
CASAS ANDRES
CASTANEDA TERESA
CARDENAS FIDEL
CARDONA JOSE
CHACON JORGE/MARIA
CHAVEZ REGINO
CHAMPION RUTH (ERNEST)
CHILDS COTIS/MARIA
CISNEROS DIMAS
CLARK JANET
CLEVELAND JAMES
Disabled
D~sabled
EXHIBIT "A '
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2005
LAST NAME FIRST NAME
COHEE ROBERT
COLBERT JACOB
COLOZZO ROSE (DOMINIC)
CONNIFF SHIRLEE
CONOVER MARY
COPFER LAWRENCE
CORREA PEDRO
COX CELIA
CREDLE IRMA
CROFFOOT MERLE
CROSBY RUBY
CUNNINGHAM LILLIE
DAVIS CURTIS/CLAUDIA
DAVIS THELMA
DEBOSE BERNICE
DEDERICK BERNICE
DELGADO CARLOS
DELAROSA RUDOLPH
DEPNER CLAYTON
DEVAULT ANNIE
DIAZ STELLA
DIXON EDDIE
DOMROSE DUCHESS
DOVE DONALD
DOWNEY WlNNIE
DRESSER DOLORES
DUARTE Annetta
DUARTE JOSEPH
DUPLICE JUNE
EDGMON MARIE
EDMONDSON JOHNNIE
EDNER DELORES
EICHMAN MABEL
ENNIS, JR PHYLLIS/PHILLIS
ESCOBEDO ERNEST
ESPALIN GREGORY
ESTRADA RICARDO
FAHRENKRUG GEORGE
FRANCO AGAPITO/MONICA
FARLAND LILLAN
FLORES SOCORRO
FREDRICK BEVERLY
GALBRAITH PAULINE
GARCIA FELICITAS
GARCIA IRENE
GASTON LEONARD/NANCY
GIBBENS HARRY
GILES WILLIAM
GLORIA JOE
GONZALEZ JULIAN
GONZALEZ SILVANO
EXHIBIT "A"
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2005
LAST NAME FIRST NAME
GREEN JOHN
GREIG MARGARET
GUARDALABENE ANN
GURNEY BILLY
GUTIERREZ MANUEL
GWYN GLORIA
HADLEY HAROLD
HANSEN HERBERT
HANSON HELEN
HARRIS WILLIE/SELMA
HERNANDEZ LUIS
HERRON SYLVIA
HOLMES ELLIS/MARY
HOSKINSON KENNETH/GLADYS
HOWELL IDA
HOWES WILMA-CHARLES
IRAHETA JUAN
JEHLE GLORIA
JOHNSON CLARENCE
JOHNSON GRANT/HELEN
JOHNSON LOUISE
JOHNSON JOHN
JONES DALE
JONES HOWARD/MALVA
JONES MYRTLE
JONES MERLE
JOSLIN RUSSEL
KACHIVAS LOUIE/ROSEMARY
KAGLER CLIFTON
KANEMOTO FUSAKO
KEKULA JOSEF
KENT ARLENE
KILTS ALFRED
KlM VAUGHN
KING PATRICIA
KLAVERT GEORGE
KLEIN HARRIET
KOTT GWENDOLYN
KOVACIC STEPHEN
KUNERT WESLEY
LAWRENCE ISAAC
LEAYCRAFT FRANCIS
LEDBETTER ELAINE
LEGGETT JOHN
LEWIS LENARD/MARY
LIPJANEC ARMITA
LITKE VERGENE
LOFY PETER/LOIS
LOMELI ISAUEL
LOPEZ IGNAClO
LOPEZ MARTIN
EXHIBIT "A"
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2005
EXHIBIT "A"
LAST NAME FIRST NAME
LOTZ WILHELM
LOZA EPSIE
MACIAS PASCUAL/RUPERTO
MAGALLANES NICHOLAS
MC KISSICK ETTA
Mc PHERESON FERN
MEANEY AARON
MENDOZA JULIO/JANET
MERRICK MATTIE
METRO JOSEPH
MILLER KATHERINE
LAST NAME FIRST NAME
MILLIGAN HERBERT
MILLS WILLIAM
MOLINA DE ISIAS JORGE/MARIA
MYERS THELMA
NORDMANN MARY
NUNLEY HAZEL
ORTIZ MARTHA
OWENS FREDDIE
PACHECO ETHEL
PARRINO ANNA-GEORGE
PARTIDA DORA
PASICZNYK RUBY ALICE
PASMANT CELIA/GILBERTO
PATTERSON HILLARY
PENNER HELEN
PERALES JOE
PEREZ FORTINO
PEREZ JESUS
PEREZ LOURDES Disabled
PETROCCO FRANCES
PHILLIPS IRVlN
PHILLIPS HATTIE
PLUMA PATRIClA
PORTER LAWRENCE
PROVOST, SR ROY
PUCClO LENA-ROY
PUTNEY VIOLA
RACHAL ARGENIA
RADDLE ARTHUR
RAMIREZ ZOILA & JULIO
RAUCH CLARA
REED DONALD
REED WILLARD/VERA
REED LORENE D~sabled
RHONE LAWRENCE/MODENA
REISS CAROL
ROBINS BOBBYE
ROBINSON LAVERNE-RALPH
ROCHELLE LOTTIE
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2005
EXHIBIT "A"
LAST NAME FIRST NAME
ROTHAS LAVAUGHNE/JOE
RUFUS WILLIAMS
SANDERS AUGUSTA
SALAZAR TERESO
SHUBIN JEAN
SAIS MATTHEW
SIMS HENRY
SKAGGS MARYWAYNE
SMITH BERNICE
SMITH CORAD
SMITH PATRICIA
SMITH NOYED
SMITH ROBIN
SMITHSON ELLA
SONIERS JOSEPINE
SPEER JEANETTE
STELITANO JOSEPHINE
STEPHENS MARCELLE
STEWART GLEN
STRINGFIELD ALBERT
SURWILLO HAZEL
SWAN JAMES
SYPIN ANNA-JOHN
TANGEMAN IRENE
TAPPAN WILLIAMS
TARGTON JAMES
THRELKELD MARVIN
TIDWELL WILLARD
TOY ARNOLD
TUCKER ELOUSIE
VALLE JO JUAN/CELERINA
VALLE JO BRAULIO
VAN WESTEN ELELYN
VANDEMARK CYRUS/CATHERINE
VANDERSLICE MARY
VANLOON VICTOR
VELASCO LUIS
VELTRI LUCILLE
VERGARA GUILLERMO
VEST CAROLINA
VlLLARRAL NICK
VONROTZ RICHARD
WASHINGTON JOHNNIE
WATTS JERRINE
WELLS ABNER
WELLS RAYMOND
WILLIAMS EARL
WILLIAMS JENNIE
WILLIAMS VOGIRA / MANUEL
WILLIS HERMAN/IDA
YAMASHITA GEORGE
SENIOR CITIZENS/DISABLED EXEMPTION LIST EXHIBIT "A"
CALENDER YEAR 2005
LAST NAME FIRST NAME
YORKE WlLLNETT
Total Exemptions 253 ( 249 Sen~ors, 4 D~sabled)
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
EXHIBIT"B"
LAST NAME FIRST NAME
ACEVEDO SANTOS~ERESA
AGUAYO JESUS
ALLEN ELSIE
ALVAREZ ABEL
ANDERSEN HELEN
ANDERSON ALICE
ANDERSON CAROLYN
ANDERSON GEORGE
ANDERSON HARLAN
ANDERSON MARTIN
ARMSTRONG RICHARD
ARROYO ALEJANDRO
AUSTIN ERNESTINE
BAILEY RUTH
BALLARD AARON/RUTH
BANUELOS LILIA
BARRERA ANTONIA
BEIMER JOHN
BENBENEK CASEY
BERGERON ANNA-ARTHUR
BERGMAN OSCAR
BERNALJR BENJAMIN
BERZAT PAUL
BLACKMAN ALBERT
BLAIR ARTHUR
BLANTON HORACE/BERTHA
BOLIO MIGUEL
BORRAYO ARNULFO
BROWN EUGENE
BROWN MARY
BRYANT ELIZABETH
BURKHARDT LUTHER
BURTON MARY
BUTTS MARY
BYRD LOUIS
CALDERSON FRANK/PAULINE
CALDWELL MARGIE
CALKINS JENNIE/DELMAR
CALLOWAY LAMAR
CAMERON CONCEPSION
CARDENAS FIDEL
CARMAN CONNIEIHARREL
CARUSO ANNE
CASAS ANDRES
CASTANEDA TERESA
CHACON JORGE/MARIA
CHAIREZ MARIA
CHAMPION RUTH (ERNEST)
CHAVEZ CARLOS
CHAVEZ REGINO
CHILDS COTIS/MARIA
Disabled
Disabled
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
LAST NAME FIRST NAME
CISNEROS DIMAS
CLARK JANET
CLEVELAND JAMES
COBIN RICHARD
COHEE ROBERT
COLBERT JACOB
COLOZZO ROSE (DOMINIC)
CONNIFF SHIRLEE
CONOVER MARY
COPFER LAWRENCE
CORREA PEDRO
COX CELIA
CREDLE IRMA
CROFFOOT MERLE
CROSBY RUBY
DAVIS CURTIS/CLAUDIA
DAVIS THELMA
DEBOSE BERNICE
DEDERICK BERNICE
DELAROSA RUDOLPH
DELGADO CARLOS
DEPNER CLAYTON
DEVAULT ANNIE
DIAZ STELLA
DIXON EDDIE
DOMROSE DUCHESS
DOVE DONALD
DOWNEY WINNIE
DRESSER DOLORES
DUARTE ANNETTA
DUARTE JOSEPH
DUPLICE JUNE
EDGMON MARIE
EDMONDSON JOHNNIE
EDNER DELORES
ENNIS PHYLLIS
ESCAJEDA ANTONIO
ESCOBEDO ERNEST
ESPALIN GREGORY
ESTRADA RICARDO
FAHRENKRUG GEORGE
FELIX ILDEFONSO C
FERNANDOZ LUIS
FRANCO AGAPITO/MONICA
GALBRAITH PAULINE
GARClA IRENE
GARICA HENRY
GASTON LEONARD/NANCY
GIBBENS HARRY
GIBSON RD
GILES WILLIAM
GLORIA JOE
EXHIBIT"B"
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
EXHIBIT "B"
LAST NAME FIRST NAME
GONZALEZ JULIAN
GONZALEZ SILVANO
GREEN JOHN
GREIG MARGARET
GUARDALABENE ANN
GURNEY BILLY
GUTIERREZ MANUEL
GUZMAN JUAN
GWYN GLORIA
HADLEY HAROLD
HALL FLOYD
HANSEN HERBERT
HANSON HELEN
HARPER B H
HARRIS WILLIE/SELMA
HAWKINS MILDRED
HENDERSON LOIS
HERNANDEZ LUIS
HERNANDEZ MIGUEL
HERRON SYLVIA
HOLMES ELLIS/MARY
HOSKINSON KENNETH/GLADYS
HOWELL IDA
HOWES WILMA-CHARLES
IRAHETA JUAN
JACKSON JOSEPH
JAMES JOHN
JENSEN DONALD
JOHNSON ANNETTE
JOHNSON CLARENCE
JOHNSON GRANT/HELEN
JOHNSON JOHN
JONES DALE
JONES HOWARD/MALVA
JONES MYRTLE
JOSLIN RUSSEL
KACHIVAS LOUIE/ROSEMARY
KAGLER CLIFTON
KANEMOTO FUSAKO
KEKULA JOSEF
KENT ARLENE
KILTS ALFRED
KING PATRICIA
KLAVERT GEORGE
KLEIN HARRIET
KOTT GWENDOLYN
KOVAClC STEPHEN
KUNERT WESLEY
LAWRENCE ISAAC
LEAYCRAFT FRANCIS
LEGGETT JOHN
LEWIS LENARD/MARY
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
EXHIBIT "B"
LAST NAME FIRST NAME
LIPJANEC ARMITA
LITTLETON STEWART
LITKE VERGENE
LOFY PETER/LOIS
LOMELI ISAUEL
LOPEZ IGNACIO
LOPEZ MARTIN
LOTZ WILHELM
LOZA EPSIE
MACIAS PASCUAL/RUPERTO
MAGALLANES NICHOLAS
MA FARLAND LILLIAN
MC KISSICK ETTA
Mc PHERESON FERN
MEANEY AARON
MENDOZA JULIO/JANET
MERRICK MATTIE
METRO JOSEPH
MILLER KATHERINE
MILLS WILLIAM
MOLINA DE ISIAS JORGE/MARIA
MUNIZ DAVID & REBECCA
MYERS THELMA
NORDMANN MARY
NUNLEY HAZEL
ORTIZ MARTHA
PACHECO ETHEL
PARKER DOROTHY
PARRON ROBERT
PARTIDA DORA
PASICZNYK RUBY ALICE
PASMANT CELIN GILBERTO
PENNER HELEN
PERALES JOE
PARRINO ANNA
PEREZ FORTINO
PEREZ JESUS
PEREZ LOURDES
PETROCCO FRANCES
PLUMA PATRICIA
PROVOST, SR ROY
PUCCIO LENA-ROY
RACHAL ARGENIA
RADDLE ARTHUR
RAMIREZ ANTONIO
RAMIREZ MARTHA
RAMRIEZ ZOILA & JULIO
RAMOZ LILLIE
RAUCH CLARA
REED DONALD
REED LORENE
REED WILLARD/VERA
Disabled
D~sabled
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
LAST NAME FIRST NAME
REIHLE VICTOR
REISS CAROL
RHONE LAWRENCE/MODENA
RILEY AUTHUR
RILEY JOHNNIE
ROBINS BOBBYE
ROBINSON BARBARA
ROBINSON LAVERNE-RALPH
ROBITAILLE JANET
ROBLES YSAIAS
ROCHELLE LOTTIE
ROMO CARMEN
ROTHAS LAVAUGHNE/JOE
RUFUS WILLIAMS
SALAZAR TERESO
SANDERS AUGUSTA
SAN DOVAL LU PE
SHAW BEVERLY
SHUBIN JEAN
SIAS MATTHEW
SIMS HENRY
SKAGGS MARY/WAYNE
SMITH BERNICE
SMITH CONRAD
SMITH NOYED
SMITH PATRICIA
SMITHSON ELLA
SONIERS JOSEPINE
SPEER JEANETTE
STELITANO JOSEPHINE
STEPHENS MARCELLE
STEWART GLEN
STRINGFIELD ALBERT
SURWILLO HAZEL
SWAN JAMES
SYPIN ANNA-JOHN
TANGMAN IRENE
TAPPAN WILLIAMS
TARGTON JAMES
THRELKELD MARVIN/MARGY
TIDWELL WILLARD
TOY ARNOLD
TUCKER ELOUISE
VALLE JO BRAULIO
VALLE JO CIPRIANO
VALLE JO JUAN/CELERINA
VAN WESTEN ELELYN
VANDEMARK CYRUS/CATHERINE
VANDERSLICE MARY
VANLOON VICTOR
VELASCO LUIS
VELTRI LUClLLE
EXHIBIT "B"
SENIOR CITIZENS/DISABLED EXEMPTION LIST
CALENDER YEAR 2006
LAST NAME FIRST NAME
VERGARA GUILLERMO
VAUGHN KlM
VEST CAROLINA
VlLLARRAL NICK
VONROTZ RICHARD
WASHINGTON JOHNNIE
WATTS JERRINE
WELLS ABNER
WELLS RAYMOND
WESTBROOK OTTO
WHITE RODNEY
WILLIAMS EARL
WILLIAMS JENNIE
WILLIAMS VOGIRA / MANUEL
WOOTEN ALBERT
WYNNE CAMILLE
YAMASHITA GEORGE
YOUNG ELIZABETH
ZAIGER ROBERT
Total Exempbons 277 (273 Semors 4 D~sabled)
Note * Renewal forms not yet on file (21) *
EXHIBIT "B"
AGENDA STAFF REPORT
Date
To,
Approved by
Prepared by
Subject
March 21,2006
Honorable Mayor and City Councd Members
N Ennque Martlnez, C~ty Manager~/l~
Deborah L Jackson, Interim Dtrector of Quahty of L~fe Svcs
Tree Tnmmlng Contract Extension
Recommendation:
Staff recommends that the C~ty Councd consider the contractor's request to
accelerate the current tree trimming efforts to complete the first cycle of tree
tnmmmg w~th~n the first year Should the C~ty Councd approve th~s request, a
contract amendment and an allocabon of $280,000 from the unappropriated
General Fund reserve would be necessary, and could be brought back at the
next Councd Meeting
Background:
On November 1, 2005, the C~ty entered ~nto a contract with Cahforn~a Western
Arbonsts for a four-year penod w~th a two-year cycle In the first cycle,
approximately half of the city trees would be trimmed using the ISA Crown
Throning Standard (Years 1 and 2) On the second cycle, trees would be
trimmed using the ISA Crown Cleamng Standard (Years 3 and 4)
Discussion & Analysis:
The $288,000 funding allocation for tree trimming dunng year 1 was fully
expended on March 9, 2006 Approximately one-half of the C~ty's trees (2,205)
were tnmmed w~th th~s allocabon, as specified ~n the contract and approved by
the C~ty Councd. On March 7, 2006 staff received a fax from Cahforma Western
Arbonsts (see fax attached) requesting to continue the project dunng the current
year, at an add~bonal cost The current contract does not address th~s
accelerated schedule, nor have funds been appropriated for th~s addlbonal
expense
Fiscal Impact:
In order to complete the entire c~ty (thinning standard) dunng the current fiscal
year, an add~bonal funding allocahon of $288,000 wdl be required Th~s
unbudgeted allocabon wdl cover trimming of the remaining 2,205 trees (@ $56
per tree), and service several backlogged requests for tree and stump removals
AGENDA
ITEM
The contract would be pa~d from the Landscape Assessment D~stnct G~ven the
fact that th~s fund ~s currently ~n deficit, the add~bonal cost would have to be
covered by the General Fund reserve
Coordinated with:
C~ty Manager's Off~ce
Pubhc Works
Finance Department
C~ty Attorney's Office
ATTACHMENTS
Agreement for Tree Trimming Services
Letter from Cahforma Western Arbonsts requesbng extension
AGENDA ITEM 3 21 06 TREE TRIMMING CONTRACT
562988~346
CAL-WE5 1 HM~UMIo ~
March 7,2006
Mr. Em ique Martlnez
CCy Manager
City of Lynwood
11330 S Bullis Rd.
Lynwood, Ca 90262
Re' City-wide Tree Trimming
Dear Mr. Martinez
Our crews have trimmed approximately one-half of the City's parkway trees (excluding
parks) We would hke to continue and trim the remaining trees in thc City
We can ptovtde you with an estimated cost to trim the trees by "areas" and "zones", or
we can continue on a per ~ee basis
If the City is considenng trimming the trees flus year, I believe the "zone" procedure has
proven to be the most effective way of handling inspections and billing.
[ vail stop trimming on Thursday March 9,2006 unless I hear othervOse from the City
As always, thank you for your assistance.
4201 [ong Beach Blvd Ste 320 · Long Beach, Cahforn~a 90807 · (562) 988-9343 · FAX (562) 988-9346
CITY OF LYNWOOD
AGREEMENT FOR TREE-TRIMMING SERVICES
THIS AGREEMENT FOR TREE-TRIMMING SERVICES ("Agreement") is
entered into by and between the CITY OF LYNWOOD, a municipal corporabon ("City"),
and CALIFORNIA WESTERN ARBORISTS, INC, a California corporation
("Contractor")
RECITALS
A City desires to contract for tree-trimming services that are required to
enhance the aesthetic appearance of the commumty and to protect the health, welfare
and safety of ~ts residents
B Contractor has represented to C~ty that it possesses all licenses and
permits required by law and has the managenal, maintenance, and operabng personnel
necessary to p~ovlde the tree-tr~mm~ng services described ~n th~s Agreement
NOW, THEREFORE, CITY AND CONTRACTOR AGREE AS FOLLOWS
I PARTIES, TERM AND SCOPE OF SERVICES
Secbon 101
Part~es to the Aqreement
The part~es to th~s Agreement are
1 The C~ty of Lynwood, a mumclpal corporation, having ~ts principal office at
11330 Bulbs Road, Lynwood, Cahforn~a 90262
2 The Contractor, A Cahforma corporabon, known as Cal~forma Western
Arbonsts, Inc, located at 4201 Long Beach Blvd Suite 320 Long Beach Cal~forma
90807
Section 102 Representabve of the Parbes and Service of Nobces
The respecbve representabves of the parties who are pnmanly responsible for
the adm~mstrabon of th~s Agreement, and to whom formal notices, demands and
communications must be g~ven, are as follows
1 The principal representative of the City shall be
Name & Title Director of Environmental Services Depaltment
City of Lynwood
11330 Bulbs Road
Lynwood, CA 90262
2 The principal representative of the Contractor
Mr Lee Duncan, President,
California Western Arbonsts, Inc
4201 Long Beach Blvd Suite 320
Long Beach, California 90807
3 Formal notices, demands and communications to be given hereunder by
e~ther party must be ~n wnt~ng and may be affected by personal dehvery or by mad
4 If the name or address of the pnnc~pal representabve designated to
receive the notices, demands or communications is changed, written notice must be
given within five (5) working days of that change
Section 103 Term of Aqreement
Th~s agreement ~s deemed to have become effecbve November 1, 2005 The term of
th~s Agreement shall be for a period of forty-eight (48) months It shall be automatically
renewed on July 1st, of each year (the renewal date) unless twelve months_request to
terminate is made by e~ther party, ~n writing, not less than prior to each anniversary
date Subject to the termlnabon rewew, cancellabon provisions of Secbon 604
A Performance under th~s agreement wdl not commence until the Contractor
has obtained the C~ty's approva~ of the ~nsurance required ~n Secbon 601
Secbon 104
Scope of Services
A The tree-tr~mm~ng and related services to be provided by Contractor wdl
be tn accordance w~th the terms and prows~ons of th~s Agreement
B In consMerabon of the covenants and agreements of the parbes set forth
~n this Agreement, C~ty engages Contractor to prowde those services specified in the
"Scope of Serwces" attached as Exhibit "A" and ~ncorporated by th~s reference Those
serwces are referred to ~n th~s Agreement as the "services" or "work "The C~ty reserves
the right to make additions to or delebons from that work upon ten (10) days pnor
written nobce to Contractor, but ~f work Is added, Contractor will be compensated at an
amount to be agreed upon by the Parbes
II DUTIES AND POWERS OF THE CITY
.Section 201
Director of Environmental Sep. qces
A The D~rector of Enwronmental Services is responsible for the
admm~strabon of th~s Agreement and ~s authonzed to ~ssue to the Contractor d~rect~ves
concermng the performance of the work required by th~s Agreement, and the required
levels of service
B In add~bon to subparagraph A above, the City's Director of Environmental
Services has respons~bd~ty for the ongoing superv~ston of Contractor's performance
under th~s Agreement and wdl momtor the sabsfactory complebon of all services
requtred Pursuant to Secbon 504, The D~rector of Enwronmental Services has authority
to ~nlbate the "Fadure to Perform Not~flcabon" and to determine the amounts, ~f any,
proposed to be deducted from payments to be pa~d by C~ty to Contractor
Section 202
Relecbon of Contractor's Personnel
C~ty has the nght to conduct background ~nvesbgabons and to reject any
employee on the Contractor's work force based on sa~d background ~nvesbgabon In the
event of such rejection, Contractor will replace that employee In a bmely manner so as
not to adversely affect the Contractor's performance under th~s Agreement
III DUTIES AND POWERS OF THE CONTRACTOR
Secbon 301
Independent Contractor Status
The performance of the Contractor's services under th~s Agreement ~s the
capacity of an independent contractor, and no employees of the Contractor have been,
are, or will be employees of the C~ty by wrtue of th~s Agreement The Contractor wdl so
~nform each of h~s employee orgamzabons and each of h~s employees who are h~red or
retained under th~s Agreement
Secbon 302 Scope of Serwces General
A Contractor must provide a work force of skilled employees to perform the
work and serwces specified ~n this Agreement Contractor will prowde all necessary
materials, supphes, tools, and equipment so as to ensure the efficient and prompt
performance of these services consistent w~th the requirements of th~s Agreement
B By execubng this Agreement, Contractor warrants to C~ty that ~t has (I)
thoroughly ~nvesbgated and considered the work to be performed, (It) invesbgated the
site or s~tes of the work and fully acquainted itself with the condlbons there ex~sbng, and
(111) Carefully considered the manner in which the Work ~s to be performed If Contractor
subsequently d~scovers any cond~bons, which d~ffer matenally from those ~nherent in the
work, or as represented by the C~ty, Contractor wdl ~mmedlately ~nform the C~ty of those
conditions and wdl not proceed except at Contractor's sole risk unbl wntten ~nstrucbons
are received from the D~rector of Enwronmental Services
Section 303
Contractor's Personnel -General Prows~ons
A The Contractor ~s solely responsible for the sabsfactory work performance
of all of ~ts employees and their compliance w~th all reasonable performance standards
estabhshed or approved by the City
B Contractor ~s responsible for payment of all employees and
subcontractor's wages and benefits, and w~ll comply w~th all requirements perta~mng to
employer's habd~ty, workers compensabon, unemployment ~nsurance, and social
security
C Contractor wdl ~ndemmfy and hold harmless the C~ty from any hab~hty,
damages, claims, costs, and expenses of any nature ans~ng from alleged wolabons of
Contractor's personnel pracbces
D Contractor w~ll determine the number of skdled employees required to
bmely perform the services required under th~s Agreement
E Contractor's work crews wdl be supervised by an ~nd~wdual who ~s
sufficiently fluent ~n Enghsh to communicate w~th C~ty staff and who ~s able to
understand and carry out both oral and written d~recbons In the absence of the regular
supervisor, Contractor wdl designate a temporary supervisor to supervise ~ts work crew
Contractor wdl nobfy the C~ty's D~rector of Enwronmental Services any such temporary
des~gnabon prior to the commencement of any work sh~ft
F Contractor wdl maintain a bus,ness telephone dunng normal bus,ness
hours, Monday through Friday, for the purpose of rece~wng any complaints from C~ty
personnel
G Contractor will, at all bmes, enforce strict dlsc~phne among Its employees
and wdl neither employ, nor permit to remain *n ~ts employ, any person ~t or the C~ty, for
any reason deem unfit to perform the required work under th~s Agreement
Secbon 401
IV PERFORMANCE STANDARDS
Schedule of Performance
A All services rendered by Contractor under th~s Agreement will be
performed w~thm the time periods set fodh in the "Scope of Services" attached as
Exhibit A Extensions of the time periods set forth in the Scope of Services may be
authorized in wntmg by the C~ty's Director of Environmental Services All services wdl be
performed in accordance w,ttl all applicable Federal, State, County, and City laws,
ordinances and regulations
B , C~ty's D~rector of Environmental Services or h~s designee has the right to
~nspect all work and to approve or reject the work performed by the Contractor
C Any fadure or refusal by the Contractor to perform the required services, or
to correct poor workmanship or substandard performance, may result m the ~mt~at~on of
the "Fadure to Perform Notification" as prowded for in Section 504
Secbon 402
Work Schedules
Contractor's services will be provided pursuant to work schedules as approved
from brae to bme by the City Contractor ~s not responsible or hable for any fadure or
delay ~n performance as a consequence of natural d~sasters, fire, acts of the
Government, or cwfl disorders
Secbon 403
Labor Strikes
Contractor must provide continuous services pursuant to this Agreement In the
event of any labor strike affecbng Contractor's personnel, Contractor will, at its sole cost
and expense, take all necessary acbons to avoid any ~nterrupbon of the services
Contractor's fadure to do so wdl enbtle the City to take appropriate action so as to
prowde for the conbnuabon of those services, and the cost of sa~d services w~ll be borne
by the Contractor
V COMPENSATION AND PAYMENTS
Section 501
Compensation
The compensabon to be paid by C~ty to Contractor for all services rendered
under th~s Agreement wdl be determined ~n accordance w~th the "Schedule of
Compensabon" which ~s attached as Exhibit B and incorporated by th~s reference Any
future adjustment m that compensabon wdl be subject to the mutual agreement of the
parbes
Secbon 502
Invo~c~nq and Payment
Invoices documenbng the Contractor's services under th~s Agreement wdl be
prepared and submitted by Contractor upon the completion of each zone of each Area
Subject to any deducbons that may be ~mposed pursuant to Secbon 504, payments w~ll
be processed and pa~d w~th~n (10) calendar upon receipt of an ~nvolce Invoices are to
~nclude hst of trees that received tree serwces w~th adequate ~nformabon to ~denbfy the
Iocabon of trees
Secbon 503
Certified Payroll Records
A Contractor must comply w~th all applicable prows~ons of ~nclud~ng but not
I~m~ted to Secbons 1776, 177 5 and 1777 7 of the Cahforn,a Labor Code, and wdl, ~f so
d~rected by the D~rector of Environmental Services, submit certified payroll records w~th
each ~nvo~ce or other request for payment The C~ty will process no ~nvo~ce or other
request for payment ~n the absence of cerbfled payroll records, ~f so required by the
D~rector of Environmental Services
B Contractor Is responsible for comphance w~th Secbon 1776 of the
California Labor Code and must ~nsert a prows~on ~n all subcontracts, if any, requ~nng
subcontractors to comply with that Secbon
Secbon 504
Deducbons from Periodic Payments
If Contractor fails to perform any of the services specified ~n Secbon 104 above,
then the C~ty's D~rector of Enwronmental Services must g~ve written nobce to the
Contractor's pnnc~pal representabve That nobce w~ll be enbtled "Failure to Perform
Nobflcat~on" and wdl state the nature of the services that were not performed or not
sabsfactonly performed, the Iocabons ~nvolved, and the date or dates the services were
omitted or not sabsfactonly performed Th~s nobce will also set forth the computabons of
the D~rector of Enwronmental Services as to the appropriate deducbon proposed to be
made from any payment by the C~ty to the Contractor Proposed deducbons from any
payment to the Contractor w~ll be subject to pr[or d~scuss~ons between the part~es
Secbon 505 Taxes
Contractor has the sole responslbd~ty for the payment of all federal, state and
local taxes, and for all unemployment contributions and other required set-asides and
deducbons for any ~nd~vtdual performing any of the work required under th~s Agreement
except for employees or ~nd~wduals on the C~ty's payroll
VI Standard Speclflcabons
GENERAL TERMS AND CONDITIONS
Secbon 601
Insurance
A Dabd~ty Insurance
Contractor must obtain and maintain in force at all times during the term of this
Agreement comprehensive general I~ablllty and automobde insurance m amounts of not
less than One Million Dollars ($1,000,000) combined s~ngle hmlt That insurance must
be obtained only from a company rated "A" or better ~n the Best Insurance Guide and
authorized to transact bus~ness ~n the State of Cahforn~a
B Cerbflcates of Insurance
Contractor must provide to the C~ty's D~rector of Enwronmental Services
cerbflcates of ~nsurance evidencing comphance with subsection "A" above not less than
ten (10) days pnor to the commencement of services under th~s Agreement Those
cerbflcates must name as add~bonal Insured's the C~ty of Lynwood, the Lynwood
Redevelopment Agency, and their respecbve officers, employees and agents The
~nsurance coverage provided for the additional ~nsured's ~denbfled above must be
pnmary insurance, and no other insurance provided for or maintained by the addlbonal
insured's wdl be required to contribute w~th or to the insurance prowded by the
Contractor Each policy must provide that ~t may not be cancelled or reduced ~n
coverage w~thout thirty (30) days pnor wntten nobce to the C~ty
C Workers' Compensation Insurance
Throughout the term of th~s Agreement, Contractor must obtain and maintain
workers' compensabon and employer's I~abd~ty ~nsurance as required by the laws of the
State of Cahforma That ~nsurance coverage must include a waiver of subrogabon
against the C~ty and must prowde that ~t may not be cancelled or reduced In coverage
without thirty (30) days prior written not,ce to the C~ty A certificate ewdenclng that
insurance coverage must be filed w,th the C~ty's Director of Environmental Services
prior to the commencement of services
D Fadure to Prowde Insurance
The C~ty may terminate th~s Agreement ~f, at any bme, the Contractor fails to
provide or maintain the required ~nsurance In the alternative, at the option of the City,
the C~ty may obtain and maintain the required insurance for the Contractor and may
deduct the cost of the ~nsurance from any momes due Contractor under this Agreement
Section 602
Indemnification
Contractor may not ~ncur any debt, obhgabon or liability for or on behalf of the
C~ty and must mdemmfy, defend and hold harmless the C~ty, the Lynwood
Redevelopment Agency, and their respective officers, employees and agents, from and
against any and all claims, costs, expenses, damages, habfl~bes and judgments
attributable to or arising out of any act, error or omission on the part of Contractor, or
Contractor's officers, agents, servants, employees or subcontractors, while performing
services under this Agreement
Section 603
Subcontracting, Dele.qabon and Asshqnment
A Contractor shall not delegate, subcontract or assign its duties or nghts
hereunder, either ~n whole or ~n part, w~thout the prlorwntten nobce to the C~ty and with
out approval of same by the City provided, however, that claims for money due or to
become due to Contractor from City under th~s Agreement may be assigned by
Contractor to a bank, trust company or other
financial ~nsbtut~on w~thout such approval Any delegabon, assignment or subcontract
must provide a descnpbon of the services to be covered, ~dent~flcabon of the proposed
assignee, delegee or proposed subcontractor, and an explanabon of why and how the
same was selected, ~ndud~ng the degree of compebbon ~nvolved Any proposed
agreement w~th an assignee, delegee or subcontractor must ~nclude the following
1 The amount revolved, together with contractor's analys~s of that cost or
price
2 A prowsion requ~nng that any subsequent modlflcabon or amendment
wdl be subject to the pnor wntten consent of the C~ty
B Any assignment, delegabon or subcontract must be made ~n the name of
the Contractor and may not b~nd or purport to b~nd the C~ty and may not release the
Contractor from any obhgat~ons under th~s Agreement ~nclud~ng, but not hm~ted to, the
duty to properly supervise and coordinate the work of employees, assignees, delegees
and subcontractors No such assignment, delegation or subcontract may result ~n any
~ncrease ~n the amount of compensabon payable to Contractor under th~s Agreement
Secbon 604
Term~nabon and Canceilabon
A Upon any determlnabon by e~ther party that the other party has faded to
comply with any of the terms or prows~ons of th~s Agreement, a nobce of ~ntent to
terminate specifying the reasons therefore must be dehvered by the terminating party to
the other party If the specified default or defaults are not cured within ten (10) days
after the receipt of the notice, then this Agreement may be terminated by glwng a
written notice of termination to the defaulting party and specifying the effective date of
term~nabon, which date may be not less than thirty (30) days after the date of sa~d
notice
B Th~s Agreement ~s further subject to term~nabon In the manner prowded
for in Secbon 103, above
C Upon any term~nabon or canceilabon, Contractor ~s enbUed to
compensabon for all services rendered pursuant to th~s Agreement
Section 605 Non-D~scnm~nabon
A In the performance of th~s Agreement, Contractor wdl not discriminate
against any employee, subcontractor, or apphcant for employment because of race,
color, rehglon, ancestry, sex, nabonal ong~n, handicap or age Contractor will take
aff~rmabve acbon to ensure that subcontractors and apphcants are treated fairly during
employment w~thout regard to their race, color, rehg~on, ancestry, sex nabonal ongln,
handicap or age Aff~rmabve acbon relating to employment must ~nclude, but not be
hm~ted to the following employment, upgrading, demobon or transfer, recruitment, layoff
or termination, rate of pay or other forms of compensation, and selecbon for tralnrng
~nclud~ng apprenbcesh~p
B The prows~ons of subsecbon A above must be ~ncluded ~n all sohcltat~ons
C~ty wdl have access to all documents, date and records of Contractor and Its
subcontractor for purposes of determ~mng comphance w~th the fair employment and
non-dlscnm~nabon prows~ons of th~s Secbon Contractor agrees to exercise a good faith
effort to h~re C~ty of Lynwood residents for th~s project
Secbon 606
Permits and L~censes
Contractor w~ll obtain and maintain dunng the term of th~s Agreement all
necessary hcense, permit and certificates required by law for the conduct of Contractor's
bus~ness and for the provision of serwces hereunder, ~nclud~ng, w~thout I~m~tabon, a C~ty
of Lynwood bus,ness I~cense as required by the Lynwood Mumclpal Code
Secbon 607
Conflict of Interest
The part~es agree that, to their knowledge, no member of the City Council, officer or
employee of the C~ty has any interest, whether contractual, non-contractual, financial or
otherwise ~n th~s transacbon, or ~n other business of the Contractor, and that If any such
~nterest comes to the knowledge of e~ther party at any bme, a full and complete
disclosure of all such ~nformabon wdl be made ~n wnbng to the other party, even ~f that
interest would not be considered a conflict of ~nterest under apphcable laws Contractor
covenants that ~t has, at the time of execubon of th~s Agreement, no ~nterest, and that ~t
wdl not acquire any ~nterest ~n the future, d~rect or ~nd~rect, which would confhct in any
manner w~th the performance of serwces required Contractor further covenants that, ~n
the performance of the services hereunder, no person having any such ~nterest wdl be
employed
Secbon 608
Resolubon of Disputes
A D~sputes regarding the ~nterpretabon or appl~cabon of any provisions of
this Agreement will, to the extent reasonably feasible, be resolved through good faith
negotlabons between the parbes
B If any action at law or ~n equity ~s brought to enforce or interpret any
provisions of th~s Agreement, the prevailing party ~n that acbon will be enbtled to
reasonable attorneys' fees, costs and necessary d~sbursements, ~n addition to such
other rehef as may be sought and awarded
Secbon 609
Amendments
Th~s Agreement supersedes all pnor proposals, agreements, and understandings
between the part~es and may not be modified or terminated orally, and no modification,
termination or attempted waiver of any of the prows~ons of th~s Agreement w~ll be
binding unless in writing and signed by the party against whom the same ~s sought to be
enforced
Secbo n 610 Exhibits
The following exhibits to which reference is made in this Agreement are deemed
incorporated hereto m their entirety
Exhibit A Scope of Services
Exhibit B Schedule of Compensation
Section 611 Govermn.CL Law
This Agreement is governed by the laws of the State of California
Section 612 Effecbve Date
Th~s Agreement ~s deemed to have become effective as of
(date) November 1, 2005
TO EFFECTUATE THIS AGREEMENT, the part~es have executed this
Agreement as of the dates set f(~rth be~9w~' -"~.
Mayor
Date
APPROVED AS TO FORM
INC
EXHIBIT "A"
(Scope of Services)
SPECIAL PROVISIONS Section
1 Scope of Work
The work to be done consists of crown thinning and crown cleaning, as defined by the
International Society of Arbonculture, as required here~n on all trees w~th~n the public
right-of-way ~n all zones of Areas 1, 2, 3, and 4 as illustrated ~n th.e attached map
All work shall be completed to the sabsfact~on and under the supervision of the D~rector
of Enwronmental Services or his duly authonzed representative
Secbon 2 Permits and Inspections
The Contractor shall pull a no-fee City permit from the Englneenng Department prior to
commencement of work The permit shall be valid for the period Ind~cated on the
permit Inspections shall be conducted everyday the Contractor performs work
Section 3 T~me of Complebon
T~me of complebon shall be June 30th of each fiscal year
Section 4 Clean -Up
The Contractor shall at all t~mes keep the premises and adjo~mng public areas free from
accumulabon of waste materials or rubbish caused by h~s operations At the completion
of the work, he shall remove all h~s work matenats and rubbish from and about the
project as well as all h~s tools, construction equipment, machinery, and surplus
materials
Section 5 Traffic Control
A Pedestrian and vehicular traffic shall be allowed to pass through the work area
only under condor,ohs of safety and w~th as httle mconvemence and delay as possible
The Contractor shall provide and maintain adequate bamcades and warning devices
Flagmen shall be staboned as reasonably necessary for the safety of persons and
vehicles Traffic control shall be set according to the WATCH manual
B The C~ty shall supply each crew of workers w~th a s~gn 48 ~nches by 48 ~nches
(48" X 48"), w~th an appropnate stand, for each s~te of work The s~gn shall have white
background w~th blue letters and shall read as follows "We regret th~s inconvemence
Trees being tnmmed by Contractor for the Department of Enwronmentai Services, C~ty
of Lynwood" In add~bon, the C~ty at ~ts d~scretlon may direct contractor to d~splay the
City sea~ or logo on the contractor's vehicles wh~le work~ng ~n Lynwood
Secbon 6 Schedule of Work
A The Contractor shall completb all trimming work w~th~n a zone before proceeding
to another zone
B All work, ol. her than emergencies, shall be perfornled between the hours of 7 00
a m and 4 30 p m, Monday through Fridays No work, except emergencies, may occur
on weekends or hoIMays
C Work on trees shall be suspended during inclement weather Should inclement
weather or other acts of God prohibit the Contractor from work, the Contractor's work
scheduled will be adjusted to correspond w,th the same amount of time that he was
unable to work
D The Contractor shall nobly the D~rector of Enwronmental Services twenty- four
(24) hours In advance of commencing any work under th~s contract
Secbon 7 Supenntendence
A The Contractor shall assign and designate a project superintendent responsible
for the Project who w~ll be on the s~te full-brae and wdl be ~n charge of all subcontract
work being supphed
B Contractor must designate a person within h~s company who wdl respond to
emergency calls w~th~n 2 hours, twenty-four (24) hours a day
C Contractor shall submit phone number(s) to the Environmental Services
Department that can be used to obtain emergency service on a twenty-four (24) hour
bas~s
Section 8 L~quldated Damages
It ~s agreed by the part~es to the contract that in case all the work called for under
the contract ~n all parts and requirements ~s not flmshed or completed w~th~n the number
of working days or calendar days as set forth in the contract, damage wdl be sustained
by the C~ty and ~t ~s therefore agreed that the Contractor w~ll pay the C~ty, the following
sums per day for each and every day's delay *n finishing the work in excess of the
number of working days prescribed
Amount of Contract
Less Than $5,000
$5,000 and less than $15,000
$15,000 and less than $50,000
$50,000 and less than $100,000
$100,000 and less than $500,000
$500,000 and less than $1,000,000
$1,000,000 and over
Section 9 Tree Maintenance InventoW
Amount of L~qu~dated Damage Per Day
$ 25 00
50 00
100 00
200 00
300 00
400 00
500 00
The Contractor shall submit to the C,ty a list of trees inventory prescnbed on a
form prowded by the City The list shall ~nclude the location by street address, species
and size of trees that receive tree sel~/ices These forms shall be submitted to the City
when Contractor submits invoice
Section 1
A
B
C
D
E
F
TECHNICAL PROVISIONS
Scope of Work
Tr~m all trees w~th~n each zone on a two-year cycle as d~rected
Prowde street clearance
Trim trees using Internabonal Society of Arbonculture (I S A ) standards,
"Crown Thinning" ~n the first cycle and "Crown Cleaning" in the second cycle
Remove dead or d~seased trees as d~rected
Remove downed trees from pubhc nght-of-way and pubhc property as
d~rected
Provide trimming for street I~ght clearance as d~rected
Secbon 2 Conduct of Work
A
The D~rector of Enwronmental Services wdl be responsible for the
~nterpretabon of specific contract documents as described ~n Technical
Prowslons, Scope of Work
B
Contractor agrees that all services performed hereunder shall be performed ~n
a manner commensurate w~th the h~ghest professional standards and shall be
performed by quahfled and experienced personnel Contractor shall furnish
and prowde ~n connecbon therewith all necessary labor, tools, ~mplements,
equipment, materials, and supphes except such thereof as may otherwise be
specified wdl be furnished by the C~ty
C
The Contractor shall endeavor to maintain good pubhc relabons at all bmes
The work shall be conducted ~n a manner, which wdl cause the least possible
~nterference w~th or annoyance to the public
D
Contractor shall respond to emergency calls w~th~n two (2) hours from bme of
notlflcabon
E
F
Upon arnwng at an emergency s~tuabon, ~t shall be the respons~bd~ty of the
Contractor to ehm~nate all unsafe cond~bons, which would adversely affect the
health, safety, or welfare of the pubhc
All tree tnmm~ng and related operabons associated w~th th~s work shall
comply w~th all laws, ordinance, and regulabons of legally consbtuted
author~bes hawng ~ur~sdlctton
G
H
Contractor shall set up and maintain a telephone line and number where
residents can call if they have any questions or concerns regarding City trees
Contractor shall deliver to the City's Environmental Services Department
green waste disposal receipts for the purpose of landfill diversion credit
Contractor shall recycle green waste when applicable
Secbon 3 Safety
A
Whenever streets are to be blocked off, the Department of Environmental
Services, Sheriff's Department and Fire Department shall be nobfled 48 hours
~n advance of the iocabons and the length of bme the street wdl be blocked
B
Suitable street, s~dewalk barriers, s~gns, traffic cones and other such
equipment shall be used by the Contractor
C
It is the sole responsibility of the Contractor to ensure the safety of his work
The Contractor shall comply with the CAL/OSHA General Industry and
Electrical Safety orders and ANSI Standard Z133 1 Pruning, Trimming,
Repairing, Maintaining, and Removing Trees and Cutting Brush - Safety
Requirements
D
All work shall conform to Amencan National Standards Institute (ANSI) A300
Part 1 -2001 Tree, Shrub and other Woody Plant Maintenance- Standard
Practices for Pruning and the Western Chapter of the International Society of
Arbonculture Prumng Standards
E
All work shall generally conform to the current ed~bon of the Standard
Specff~cabons for Public Works Construcbon (Green Book)
Section 4 Method of Prumnq General Standards
Tree trimming standards shall be per American National Standard for Tree Care
Operabons (ANSI A300-1995) and Western Chapter International Society of
Arbonculture Pruning Standards (ISA) F~nal prumng cut wdl be made without leaving
stubs Cuts wdl be made in a manner to promote fast callous growth Contractor shall
dean al~ job s~tes when work ~s completed, ~ndud~ng the raking of ~eaves, twigs, etc
from the lawn and parkway and the sweeping of streets All resulbng debris wdl be
removed from the work s~te daily and properly disposed of at the end of each work day
Complete tree prumng w~ll consist of the total removal of those dead or I~v~ng branches
that may threaten the future health, strength and attracbveness of trees Specifically,
trees shall be pruned tn such a manner as to
A
Prevent branch and fohage ~nterference w~th requirements of safe pubhc
passage Over street clearance shall be trim to a mlmmum of fourteen (14) feet
above the paved surface of the street and ten (10) feet above the curb and
surface of a pubhc sidewalk or pedestrian way Exceptions are allowed for young
trees, which would be irreparably damaged by such pruning action
B
Remove all dead and dying branches and branch stubs that are one-half (1/2)
~nch d~ameter or larger Remove all broken or loose branches All dead, broken,
damaged, diseased, or insect ~nfested branches shall be removed at the trunk or
ma~n branch
C
Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above
ground level Exceptions are allowed for young trees, which would be irreparably
damaged by such pruning action
D Obtain a balanced appearance when viewed from the opposite s~de of the street
~mmed~ately opposite the tree, unless authorized by the C,ty to do otherwise
E Remove all wnes entwined in trees and on tree trunks V~ne tendrils shall be
removed w~thout injury to sa~d trees
F All persons performing tree work on C~ty trees should be trained according to tree
care standards accepted by the Internabonal Society of Arbonculture
G All persons performing tree work on C~ty trees ~n or around primary electncal I~nes
w~ll be trained to do so according to the "Electrical Safety Orders" of the State of
Cahforma, ~nclud~ng all amendments and rews~ons
H
When tree pruning cuts are made to a side hmb, such rema~mng hmb must
possess a basal thickness of at least one-third (1/3) of the d~ameter of the wound
so affected Such cuts shall be considered proper only when such rema~mng hmb
~s wgorous enough to maintain adequate fohage to produce wood growth capable
of callusing the prumng cut so affected w~th~n a reasonable bmeframe
All final tree prumng cuts wdl be made w~thout leaving stubs, ~n such a manner so
as to favor the earliest possible covenng of the wound by natural callus growth
Excessively deep flush cuts, which produce large wounds or weaken the tree at
the cut, wdl not be made The branch collar w~ll not be removed
J Tree hmbs wdl be removed and controlled ~n such a manner as to cause no
damage to other parts of the tree, or to other plants or property
K
When remowng a hve branch, prumng cuts wdl be made ~n branch tissue just
outside the branch bark ndge and collar, which are trunk bssue If no collar ~s
v~s~ble, the angle of the cut should approximate the angle formed by the branch
bark ridge and the trunk
L
When removing a dead branch, the final cut will be made outside the collar of hve
callus tissue If the collar has grown out along the branch stub, only the dead stub
wdl be removed, the hve collar should remain ~ntact and uninjured
M All tools used on a tree known to contain an ~nfecbous tree d~sease will be
properly d~slnfected ~mmed~ately before and after completing work on such tree
When trimming fungus, d~sease, or fire bhght ~nfected trees or fronds, all prumng
tools shall be disinfected after each cut All major pest problems wdl be promptly
reported to the City
N All cutbng tools and saws used ~n tree prumng will be kept sharpened to result in
final cuts w~th an unabras~ve wood surface and secure bark remaining ~ntact All
trees s~x (6) ~nches in d~ameter or less will be pruned w~th hand tools only Chain
saws wdl not be permitted to remove any branches two (2) inches or less ~n
diameter This ~s to prevent any unnecessary abrasions to camb~al tissue that
may predispose a tree to insect and/or d~sease problems
O
Whenever pruning cuts are to be made, wh~le remowng limbs too large to hold
securely ~n one hand dunng the cutting operabon, the t~mbs wdl be cut off first,
one (1) to two (2) feet beyond the intended final cut Then the final cut w~ll be
made in a manner to prevent unnecessary teanng back of the bark and wood
Such cutbng back w~ll not ~nclude the removal of any hve, healthy hmbs ~n excess
of s~x (6) inches w~thout prior C~ty approval
P Any extraneous metal, w~re, rubber or other material interfering with tree growth
may be removed when possible
Q When a tree is pruned, the tree worker will inspect for any obwous tree hazards
All hazardous s~tuabons w~ll be corrected or promptly reported to the C~ty Any
defecbve or weakened trees w~ll be reported to the C~ty
R The use of chmb~ng spurs or spike shoes in the act of prumng trees ~s prohibited,
unless specifically d~rected by the C~ty
S Beneficial animal or b~rds nest or nesting cawbes will be preserved and protected
whenever feasible, unless dotng so would create a hazard
T Topping of trees ~s not permitted
Secbon 4 01 Method of Tnmm~nq Trees
A Crown Cleaning ~s the removal of dead, dying, d~seased, crowded, weakly
attached, and Iow wgor branches from the crown of a tree
Section 4
A
Secbon 4
A
B
Section 4
A
Secbon 5
A
B Crown Thinning is the selecbve removal of branches to increase light
penetrabon and a~r movement through the crown Thinning opens the fohage
of a tree, reduces weight on heavy hmbs, and helps retain the tree natural
shape
02 Method of Tnmmmq Palm Trees
All old, dead, unsightly or drooping fronds, shall be removed as close to the
trunk as possible
13 All flower and fru~bng clusters shall be removed
C Upon complebon, the tree trunk shall be cleared of all frond remnants.
D Remove all foreign plant material from top down to base of tree, such as ~vy,
etc
03 Cuts
Large hmbs, over one ~nch ~n d~ameter, shall be cut w~th a saw using the
following procedure make the first cut on the underside of the branch, one to
two feet from the crotch, the undercut should be at least 1/3 of the diameter
Make the second cut on the branch topside, one to three roches further from
the crotch than the first The hmb should break off between the two cuts
The third shall be made at the point bisecting the top angle of the crotch and
a slmdar point b~sectmg the lower angle of attachment
04 Remown,q Dead Wood
The cut shall be made m healthy wood well below the mfecbon, twelve to
eighteen ~nches (12"-18") if possible
All pruning tools (extension pruners, handsaws, power saws, loopers, hand
pruners, and pruning kmves) shall be sharp and in good cond~bon
Method of Removal
The Director of Environmental Services or his designee will mark all trees for
removal with a red "X" prior to the commencement of the monthly projects
Should a tree be scheduled for removal and not marked, ~t is to be left alone and
the Department of Environmental Services is to be contacted for clanflcat~on
13 All trees shall be removed by secbon, no single secbon shall exceed five (5) feet
~n length
C Trunks and/or hmbs over 6" ~n d~ameter shall be cut ~n secbons not to exceed five
(5) feet in length and lowered to the ground using convention rope and rigging
procedures or by use of a crane
D All stumps shall be cut off at ground level, and ground to not less than fifteen (15)
inches below ex~stmg grade
E All exposed surface roots shall be removed from pubhc right-of-way
Section 6
A
B
Method of Stump Removal
All stumps to be removed shall be ground to not less than fifteen (15) inches
below existing grade All chips are to be removed and top sotl added to
ex,sting grade
All exposed surface roots shall be removed from pubhc nght-of-way
Secbon 7 M~n~mum Equipment Required
A
All equipment used for trimming or removal of City trees shall be kept in good
working order
B
A representative of the D~rector of Enwronmental Services shall judge the
condition of equipment used Any p~ece of equipment judged to be unsafe
shall be removed from the job slte ~mmedtately
Secbon 8 Clean-up
The Contractor shall ch~p or removed brush as work progresses The street and
adjacent property shall be kept clean of debns at all times At the close of each working
day, there sha~ be no debris left at the job s~te Any debris feft at the ~ob s~te will be
removed by the C~ty at the expense of the Contractor
All leaves and branches resulbng from tree tnmm~ng shall be raked, vacuumed, swept
or otherwise effectively cleaned up at least as clean as when he began work at the s~te
Section 9 Preservabon of Property
The Contractor shall carefully protect from damage all ex~sbng trees, shrubs, plants,
other growth, and structures, which remain He shall be hable for any and all damages
caused by his operabons to such trees, shrubs, plants, other growth, and features or
property, and that all damaged trees, shrubs, plants, shall be restored to their ong~nal
condition to the sabsfacbon of the D~rector of Enwronmenta~ Services The Contractor
shall ~n good faith resolve claims resulbng from h~s operation w~th property owners ~n a
timely manner
Exh,blt "B"
Schedule of Performance and Compensation
City Wide Tree Tnmmln,q
Ist Cycle (FY 2005-2006 & 2006-2007) Trim all City trees in areas 1,2,3, & 4 to I S A
"Crown Thinning" standards, beginning on the first year
2nd Cycle (FY 2007-2008 to 2007-2008) Trim all City trees ~n areas 1,2 3, & 4 to I S A
"Crown Cleaning" standards, beglnmng on the third year
Schedule of Compensation
The Contractor shall be compensated according to the following schedule
A 'Scheduled Grid Tnmm~ng (Any species, s~ze, height $56/Tree
and type) ISA Crown Cleaning or Crown Thinning
Standards
B General Tree Trimming per service request $75/Tree
(Scheduled tnm out of grid Any species, s~ze, height,
shape and type ~SA Crown Clean,n9 or Crown
Th~nmng standards
C
Tree and stump removal per service request
(Scheduled removal any species, size, height, shape
and type)
$21/~nch @ DBH
E Emergency Services, any bme and any day $200/hour
(Emergencies shatl be defined as s~tuabons where
public health, safety and properties are jeopardized
Emergencies shall be determined by the C~ty
Compensabon shall be calculated based on numbers
of hours worked)
D Stump removal per service request (Scheduled $8/per inch
removal any species Inch-d~ameter shall be d~ameter
measured at h~ghest point of stump)
AGENDA STAFF
REPORT
DATE
TO:
FROM:
BY:
March 21, 2006
Honorable Mayor and Members of the C~ty Council
N Ennque Mart~nez, C~ty Manager FI~/"
Grant Taylor, D~rector of Development Services
SUBJECT: Towing Services Options
Recommendation:
Staff recommends that the C~ty Council rewew the towing services opbons presented,
and adopt the attached resolution enbtled, '% RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD AUTHORIZING A REQUEST FOR PROPOSALS FOR
NON-EXCLUSIVE TOWING SERVICES"
Background:
The C~ty Councd has been cons~denng potenbal opbons for towing services, ordinances
and franchise contracts s~nce June 2004 Research has ~ncluded surveys and
rewewmg contract models from dffferent cfbes 0 e Baldwin Park, V~sta, South Gate,
Huntington Park, San Jose, Colton and Long Beach), a C~ty d~rected towing ordinance,
a revenue shanng proposal w~th the exclusive to prowder, and a C~ty owned and/or
operated tow facility
On March 15, 2005 the C~ty Council considered a C~ty d~rected tow ordinance,
continued the ~tem, selected Councd Members Byrd and Sanbllan to be on an ad hoc
towing committee w~th staff, and d~rected staff to pursue towing service options
On January 4, 2006 staff met w~th the exclusive tows prowder regarding a gross
revenue sharing concept for a proposed fac~hty on excess Caltrans property
The towing committee rewewed the following opbons on January 11, 2006
1) Status quo,
2) Rewsed gross revenue shanng proposal from exclusive tow provider,
3) City D~rected Tow Ordinance,
4) Requests for Proposal (at large),
5) City owned and/or operated tow fac~hty,
The towing committee d~rected staff to rewew potential revenues and expenditures for
each of the opbons.
On February 8, 2006 the towing committee met and rewewed potenbal opbons with
revenues and expenditures, recommended that staff pursue an RFP combining Opbons
#3 and #4, and d~rected staff to forward a report to the C~ty Councd for cons~derabon
AGENDA
Discussion & Analysis:
Two primary factors ~n estlmahng the revenues and expenses associated w~th each
opbon include mformabon obtained from Caltrans and the Sheriff's Department
Staff contacted Caltrans and was told that excess property may be available for lease
on a case by case basis proy~ded no permanent structures or footings are ~nstalled and
Caltrans can gain access for maintenance and/or emergencies Caltrans would not
prowde an answer or details w~thout a location, wntten proposal and s~te plan It should
be noted that when the C~ty drafted an agreement to lease Plaza Mexico excess
Caltrans property, the appraisal was $1 68 per square foot
Shenff towing stabsbcs in the C~ty of Lynwood excluding checkpoint tows were prowded
to the C~ty on a quarterly bas~s The four (4) quarters on the attached e-mad ~denbfy
that tows ~n Lynwood average five (5) per day Parking Control stat~shcs ~denbfy 30 to
40 tows per month or an average of one (1) day Therefore, tows ~n the C~ty of
Lynwood average s~x (6) per day or one hundred e~ghty (180) per month
The adm~n~strabve fee charged to the registered owner to p~ck up a vehicle ~s $119
Th~s fee covers C~ty costs associated w~th staff bme, processing and release of vehicle
The fee goes into the General Fund Any outstanding c~tat~ons must be pa~d prior to
vehicle release Not all towed vehicles are cla~med and I~en sales net an average of
$300 per vehicle m~nus aucboneer fee
The following ~s a conservabve analys~s of the service opbons considered
Option #1 Status Quo
The C~ty is rece~wng no revenue from the ex~sbng exclusive tow prowder contract
Opbon #2 Rewsed Revenue Shann.q Proposal from Exclusive Tow Prowder
The exclusive tow prowder proposes to obtain a loan for facd~ty start up and enter ~nto
an agreement w~th the C~ty splitting the gross revenue 50/50 The proposal ~s to lease
excess Caltrans property for a three to four acre facd~ty w~th a 1,600 to 3,600 square
foot temporary budding An estimate of $1 68 per square foot to lease the property for
a five year period The five year period ~s an estimate as the C~ty Councd may or may
not want a long-term lease agreement This proposal is contingent upon all Sheriff
tows in Lynwood being forwarded to the exclusive tow provider. Original figures
submitted by the exclusive tow prowder were rewewed and rewsed based on staff
obta~mng accurate monthly tow stabsbcs
Tow Yard - 3 acres = 130,680 square feet
130,680 sq ft X $1 68 = $219,542
5-year lease (60 months) or $219,542 / 60 = $3,659 per month
$3,659 month X 12 = $43,908 annual lease
6 tows per day = 180 tows per month = 2,160 tows per year
Both the exclusive tow prowder and the C~ty of Long Beach estimated apprommately
half of tows are cla~med and the other half auctioned Average auction sale price ~s
$300 per vehicle Operating costs would be d~ff~cult to estimate w~thout a proposal from
a tow prowder Such operating costs ~nclude salaries, benefits, ~nsurance, ut~ht~es and
stahonary
2,160 tows / 2 = 1,080 tows per year
1,080 X $300 = $324,000 (tows auctioned per year)
GROSS REVENUE = $452,500 per year
$452,500 per year minus $43,908 rent = $408,612
$408,612 / 2 = $204,306 (net 50% total revenue)
Option #3 C~ty D~rected Tow Ordinance
The draft ordinance identified a flat franchise fee (say $50,000 per year example) plus
fifteen percent (15%) gross receipts Th~s option assumes the tow facd~ty ~s privately
owned not requ~nng lease or operating costs
$324,000 (tows auctioned per year)
$452,520 (total revenue per year)
$452,520 X 15% = $67,878
Franchise fee per year + $50,000
CITY TOTAL REVENUE = $117,878
Option #4 Request for Proposals at Large
The total C~ty revenue cannot be estimated until proposals are received and analyzed
That C~ty can solicit at-large b~ds to analyze d~fferent options and determine market
conditions
_O..p..hon #5 C~ty owned and/or operated facility
Start up costs could be mdl~ons of dollars
eqmpment, salaries, overhead, etc
~ncludmg operating costs,
vehicles,
The towing commdtee determined that Opt.on #2 would provide revenue but th~s option
depends on the Sheriff refernng all tows m the City to the exclusive tow promder, In
addition, Caltrans cannot prowde specific lease mformahon w~thout a detailed s~te plan
and wntten proposal Staff was requested to continue to pursue th~s option
The towing committee determined that Option #3 would be safe because it provided a
bas~s for revenue potenbal pursuant to a franchise fee and percentage of gross
receipts
The towing committee determined that Option #4 is worth exploring as an RFP would
allow tow service provlder's an opportumty to make a b~d that may help the City
determine market cond~bons and values for tow services
In summary, the Council Members opinions were spht The Towing Committee d~rected
staff to
· Prepare an ~tem for the March 7, 2006 C~ty Councd meebng, and
· Combine Option #3 and Opbon ~4 to prepare an RFP for non-exclusive tow
services, and
· Pursue Opbon #2 w~th ex~stmg tow prowder, and
· Receive final direction from the C~ty Council
The C~ty Manager recommends a comb~nabon of Opbons #3 and ¢f-4 which ~s to ~ssue
an RFP for non-exclusive towing services
Fiscal Impact:
There ~s no fiscal ~mpact to the C~ty by the acbon recommended in this report Once
responses to the RFP are rece,ved, the C~ty Councd w~ll need to determine the exact
structure of the franchise amounts for the City Preliminarily a 15% fee based on the
gross revenue and a flat annual fee of $50,000 were used in this report
Coordinated with:
Towing Committee
C~ty Manager's Office
Finance Department
City Attorney's Office
Parking Control D~ws~on
Attachments
Resolubon
Requests for Proposal
Sheriff Tow Statistics 2005
Towing Survey Matnx
Towing facd~t~es within four mdes of Lynwood
Draft Ordinance - C~ty D~rected Tows
Sheriff Tow Standards
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD AUTHORIZING A REQUEST
FOR PROPOSALS FOR NON-EXCLUSIVE
TOWING SERVICES
WHEREAS, the C~ty of Lynwood currently has an exclusive contract for one tow
servme prowder, and
WHEREAS, the C~ty of Lynwood desires to receive revenue from towing
services, and
WHEREAS, the C~ty of Lynwood has elected to ~ssue a Request for Proposals to
determine market conditions and potenbal revenue, and
WHEREAS, the C~ty of Lynwood ~ntends to prowde towing services that meet
mumc~pal needs as well as pubhc safety concerns through an agreement w~th a
prowder
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESQLVE AS FOLLOWS
Secbon I The C~ty Councd of the C~ty of Lynwood authonzes
staff to sohc~t proposals for a non-exclusive franchise towing services
Secbon 2 Th~s Resolubon shall become effecbve ~mmed~ately upon
~ts adoption
PASSED, APPROVED, and ADOPTED this
__day of ,2006
ATTEST
LETICIA VASQUEZ, Mayor
C~ty of Lynwood
ANDREA HOOPER, City Clerk
C~ty of Lynwood
N ENRIQUE MARTINEZ, City Manager
City of Lynwood
APPROVED AS TO CONTENT
APPROVED AS TO FORM
GRANT TAYLOR, D~rector
Development Services Department
ARNOLDO BELTRAN, C~ty Attorney
City of Lynwood
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)SS
)
I, the undersigned, City Clerk for the C~ty of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the C~ty of
Lynwood at a regular meeting held on the day of ., 2006
AYES
NOES
ABSENT
ABSTAIN
City Clerk, C~ty of Lynwood
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)ss
)
I, the undersigned, C~ty Clerk of the C~ty of Lynwood, and Clerk of the C~ty Council
of sa~d C~ty, do hereby certify that the above and foregoing ~s a full, true and correct
copy of Resolubon No on file ~n my office and that sa~d resoluhon was
adopted on the date and by the vote there~n stated
Dated th~s day of ,2006
C~ty Clerk, C~ty of Lynwood
REQUEST FOR PROPOSALS
NON-EXCLUSIVE TOWING SERVICES
*~. Project: Update
The Oty of Lynwood is sohc~ting proposals from highly quahfied professional
towing service prowders to prepare and submit a comprehensive proposal for
non-exclusive franchise towing services. The selected company w~ll complete the
~dent~fied scope of requirements w~thm the specified bme frame, under the
general d~rect~on and coordination of the Development Services Department, as
authorized by the Lynwood CRy Council.
II. Background
The C~ty of Lynwood ~s located ~n southeast Los Angeles County, and is
surrounded by the commun~bes of South Gate, Downey, Paramount, Compton
and unincorporated areas of Los Angeles County. The population of Lynwood
was estimated to be 73,935 as of .lanuary 2005 by the State Department of
Finance. The Oty's location along the Century Freeway ([-105) and Long Beach
Freeway (I-710) hnk the City to other parts of Los Angeles County and Southern
Cahforn~a.
Based on towing statistics for the last year, the Oty Parking Control D~ws~on
authorizes 30 to 40 tows per month (~.e. one tow per day average) and the Los
Angeles County Shenff performs an average of five tows per day.
III. Purpose and Intent
The purpose of the Oty of Lynwood non-exclusive franchise towing services RFP
is two-fold. F~rst, ~t must effectively and efficiently serve the c~t~zens of Lynwood
and second, to generate such revenues as to the extent permitted by law.
IV. Requested Service
The Oty of Lynwood ~s sohclbng proposals from highly qualified professional
towing service prowders to prowde an RFP for a non-exclusive franchise that wdl
~denbfy needed services that will meet all pubhc safety and law enforcement
needs ~n the Oty. The requested service w~ll ~nclude ~tem~zed costs and
revenues.
The company wdl be expected to work closely w~th City staff, the general pubhc,
and pubhc officials for the duration of the process, and attend all meetings.
The City Council will conduct a public heanng to d~scuss all responses received
by the Gty and make a select~on of a prowder of towing services ~s all criteria
and pubhc needs are met.
The following describes specific m~n~mum components which should be included
~n the scope of work. The final scope of work ~s expected to be finahzed w~th the
selected towing service prowder(s). The City is open to suggestions other than
those I~sted ~n th~s proposal, which prowders believe would be of value and w~ll
render the comprehensive services sought, and, that must be completed and
adopted by the Gty Council.
Prepare a towing services ~nventory hst, ~nclud~ng storage yard(s), towing
vehicles, associated equipment, employees, operating costs and overhead.
Prowde optional revenue proposals and/or sources to maximize gross
receipts to the Gty. Examples ~nclude but are not hm~ted to a franchise
fee b~d figure or a revenue shanng b~d figure.
3. Minimum of five (5) year term.
4. Prowde an ~tem~zed fee schedule of all associated towing fees.
Describe minimum and maximum response t~mes, days and hours of
operation. The company should be able to respond to all tows w~th~n
twenty (20) minutes and should provide towing services seven (7) days a
week and twenty-four (24) hours per day.
Describe your experience w~th other agencies and provide a I~st of
references w~th contact person ~nformat~on.
The towing service provider(s) shall
documentation as may be requested
Council meetings as required.
prowde correspondence and/or
and shall attend staff and Gty
Prepare and present an overall proposed budget w~th I~ne items for
revenues and expenditures.
V. Tentative Consultant Selection Schedule
B.
C.
D,
Draft RFP to C~ty Counol
Advertise RFP for B~ds
Proposals Due to Gty of Lynwood
Staff and Towing Committee
Tuesday, March 21, 2006
Thursday, March 30, 2006
Thursday, May 4, 2006
Thursday, May 11, 2006
Rewew of Proposals
Consultant Interviews w~th Staff
Staff and Towing Committee Ranking
and Recommendabons
Contract Presentabon to Qty Councd
Tuesday, May 16, 2006
Thursday, May 18, 2006
Tuesday, June 6, 2006
VI. Proposal Contents and Submittal Requirements
Each tow serwce prowder who responds to th~s Request for Proposals ~s required
to submit the ~nformatlon I~sted below. Please submit ten (10) copies of all
requested materials.
1. Submit a cover letter or letter of transmittal.
2. A detaded draft towing service proposal (as d~scussed above).
Describe the company's qualifications, w~th emphas~s on experience w~th
other mumc~pal~bes and/or governmental agencies.
4. Present logs and reports your company has for the last three (3) years.
5, If this is a joint bid, explain ~n detail the responslbll~bes of each company.
Idenbfy the principal personnel wdl respond to staff and describe their
responsibd~bes. Also, hst recent contracts on which the pnnc~pal staff
have worked and describe their respons~bdlties.
D~scuss the approach you use on providing towing serwces, ~ncluding the
following ~nformation:
· Vehicle Inventory
· Equipment Inventory
· Storage capabilities
· Response Times
· Compliance with apphcable State Laws and documentabon.
· Samples of log sheets and reports.
Include a statement that the company has sufficient staff resources and
capabdlty to perform the work contained within your proposal w~thln the
specified t~me frames.
Provide recent project references w~th names and telephone numbers of
contact persons.
10.
Towing prowder must satisfy all requirements and standards set forth by
the Los Angeles County Sheriff's Department Tow Serwce Expectation
Sheet.
11. Request for Proposal ~s being ~ssued for a non-exclusive franchise.
12. The tow prowder shall be required to clean streets after vehicle accidents.
13.
The tow provider shall be "Customer Service Oriented" to ~nclude but not
be limited to posting hours of operation publicly, hand out cards when
vehicle towed with th~s information, etc.
14. The C~ty can conduct audit of Customer Service and Records
(Administrative and Rnanc~al) at any t~me.
Towing service providers will not be reimbursed for any cost associated
with preparation of the Proposal. All proposals will be considered
public information.
VII. Selection Criteria
The following criteria are among those that will be used to evaluate submitted
proposals:
A high level of professional competence and a proven track record in
prowd~ng towing services.
Demonstration of professional and techmcal expertise and experience of
the pnnc~pal personnel.
Relative proximity/location of the d~spatch and/or storage faaht~es to the
C~ty of Lynwood, as it is anticipated that a high level of d~rect ~nteract~on
and commumcat~on with City staff and/or pubhc officials wdl occur.
if a joint venture, the track records of team member's experience working
together.
Experience work~ng w~th the pubhc, as well as at, zen committees, ~n
d~plomat~cally crafting standards and/or responding to ~nqu~nes.
Quality of the proposal. The proposal should clearly demonstrate the
company understanding of the C~ty's overall objectives in the
comprehensive Towing Services.
8.
9.
11.
12.
13.
VIII.
Ablhty to produce and maintain logs and reports.
Abdlty to prioritize City requests.
Abd~ty to hsten, be flexible, and follow and/or ~mplement d~rectlon.
How the company interacts with the general public, city staff, and pubhc
officials.
Revenues to the Qty with associated fees.
Rewew of references.
S~te visit and tour.
Selection Procedure
Members from the Development Services Department, City Manager's Office and
Finance Department will rewew submitted proposals and interview company's
w~th the top proposals. The City panel members will rate the company's and
present a report w~th recommendations to the Qty Council.
IX, Budget
For the purpose of th~s proposal, the total services prowded and revenues verses
expenditures to the Qty wdl be evaluated. The budget should include all
anticipated revenues, fees and costs.
X. Submittal of Proposals
Please submit ten (10) copies of your firm's proposal and supporting materials by
5:00 p.m., Thursday, May 4, 2006. No late submittals will be accepted.
Dehver to:
Andrea Hooper, City Clerk
Qty of Lynwood
11330 Bulfls Road
Lynwood, CA 90262
AAdams
01/18/2006 04 01 PM
To GTaylodlynwood@lynwood ca us
cc MMarysheva/lynwood @ lynwood ca us,
nennquemart~nez/lynwood@lynwood ca us
Subject Towing Stabst~cs for 2005
Grant,
These are the stats for 2005 I had them delete the DUI stats s~nce that grant has been expended and we
w~ll not have regular DUI checkpoints any longer
Let me know ~f you need any further ~nformabon
Thanks,
Autra C Adams
Assistant to the City Manager
..... Forwarded by AAdams/lynwood on 01/18/2006 04 05 PM .....
"Ramlrez, Vincent R"
<VRRam~re@lasd org
>
01/18/2006 03 52 PM
To "Adams, Autra C" <aadams@lynwood ca us>
cc "Metcalf, M~chael C" <MCMetcal@lasd org>
Subject Towing Stabsbc$ for 2005
These are the quarterly towing stats
> ..... Orlglnal Message
> From. Metcalf, Michael
> Sent Wednesday, January 18, 2006 10 13
> To Ramlrez, Vincent
> Subject Towing Statistics for 2005
>
> The number below reflect the requests for towing in the City of Lynwood
> m~nus the DUI / CDL CheckpoInt tow's
Quarter 1 (Jan - Mar) 371
Quarter 2 (Apr - Jun) 641
Quarter 3 (Jul - Sept) 452
Quarter 4 (Oct - Dec) 456
> Detectzve Michael Metcalf
DATE March 2, 2005
TO
Grant Taylor, D~rector of Development Services
FROM
J D Wh~taker, Parking Control Manager
SUBJECT Tow Providers w~thm the proposed 3 rode radius
Century Stabon is currently ubhz~ng the following tow companies, which may be
ehg~ble to quahfy for the exclusive contract once the ordinance ~s passed and
adopted Also noted are the distance from C~ty Hall and an approximate travel time
from each tow company's location
1 International Towing
2 Ketcham's Towing
3 Southeast Towing
4 Walton's Tow
5 Al's Towing
6 Heavy Duty Tow
2205 Nadeau St, Compton 3 97 m~ 10mln
441 W Compton BIvd, Compton 3 46 m~ 9 mm
428 E Pine St, Compton 2 I m~ 6mtn
741 N Tamannd Ave, Compton 2 47 m~ 7rain
3010 M L K Blvd, Lynwood 1 48 m~ 4 mm
2119 E 25th St, LA 12 5 mt 1amen
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD REPEALING ORDINANCE NO. 1527 IN ITS ENTIRETY BY
REPEALING AND AMENDING CERTAIN SUBSECTIONS OF SECTION
7-22 OF THE LYNWOOD MUNICIPAL CODE RELATING TO
ABATEMENT OF ABANDONED, WRECKED, DISMANTLED AND
INOPERATIVE VEHICLES AS PUBLIC NUISANCES, AND REPEALING
AND AMENDING SECTION 7-23 OF THE LYNWOOD MUNICIPAL
CODE REGARDING CITY DIRECTED TOWING SERVICES
WHEREAS, pursuant to Cahfomla Vehicle Code §22660, the C~ty Council of the City
Lynwood "Council" has a need to modify tis public nmsance abatement procedure regarding
abandoned, wrecked, dismantled and inoperative vehicles on public and private property, and
WHEREAS, the Council desires to issue franchises for the removal of abandoned vehicles as
provided for m §22671 of the Cahfomla Veincle Code, and
WHEREAS, Cahforma Vehicle Code §12110 permits a public entity to charge a fee In
cormectton with the award of towing franchise, and
WHEREAS, the Council has determined that the City's past arrangements for towing, storing,
and releasing properly impounded vehicles are m need of revision, and
WHEREAS, California Vehicle Code §22100 provides that cities may by ordinance or
resolution license and regulate the operation of those tow truck services with principal places of
business in the City of Lynwood, and
WHEREAS, pursuant to California Vehicle Code §22850 5, the Council desires to establish by
ordinance procedures for the release of properly impounded vehicles and for imposition of a
charge equal to ~ts admlmstratlve costs relating to the removal, impound, storage or release of the
vehicles, and,
WHEREAS, the Council finds it is in the public interest that new provisions be enacted to
prescribe the basic regulations for the operation of towing companies m the City of Lyr~wood
participating in a rotation system for the removal of and towing away of motor vehicles winch
are illegally parked, apparently abandoned, involved in an accident, or winch constitute an
obstruction to traffic due to mechanical failure, or are otherunse required by law to be towed or
stored.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY DOES ORDAIN AS FOLLOWS:
Section 1. That subsection 7-22 5 of the Code of the City of Lyuwood be repealed m its entirety
and amended to read as follows
7-22.5 City Manager To Be Enforcement Officer The plov~sions of thls section shall
be administered and enfolced by the City Departn~ant engaged m directing tlaffic or enfoicmg
parBng laws m~d abatement legulations in the City undei the supervision and direction of the
City Manager m cooperation with the Shenfl's Department In the enfolcement of thru section,
designated City employees or members of the SherifFs Department may enter upon pubhc oi
private property to examine a vehicle or parts thereof, or to obtain mfbrmation as to the identity
of a vehicle and to remove or cat,se the ~ emoval of a vehicle oi part thereof declared to be a
nuisance pursuant to this section
Section 2. That subsection 7-22 6 of the Code of the City of Lynwood be repealed m its entirety
and amended to read as follows
7-22.6
Authority to Remove Vehicles by Contract or Franchise.
When the City Council has contracted with or granted a franchise to a City Designated Towing
Service (as that term is defined in subsection 7-23 2 of this Code) such franchisee(s) shall be
authorized to remove, store, and dispose of abandoned vehicles pursuant to la~v Such
franchisees shall be authorized to enter upon private property or public property to remove or
cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section
Section 3 That subsection 7-22 7 of the Code of the City of Lynwood be repealed tn its entirety
and amended to read as follows
7-22.7
Administrative Costs
The City Council shall from time to time by resolution, deterrmne and fix an amount to be
assessed as adrmmstratlve costs (excluding the actual cost of removal of any vehicle, or parts(s)
thereof) for purposes of administering the provisions of this Section
Section 4. That subsection 7-22 8 of the Code of the City of Lynwood be repealed in its entirety
and amended to read as follows
7-22.8
Authority to Cause Abatement; Removal of Vehicles; Notices of Intention;
Hearing and Notice Required; Action Without Hearing Authorized
Upon dlscovenng the existence of an abandoned, wrecked, dismantled, or moperatlve
vehicle, or parts thereof, on private property or pubhc property within the City, the City Manager or
its designee, or the Sheriffs Department shall have the authority to cause the abatement and removal
thereof in accordance w2th the procedures prescribed herein A ten (10) day notice of intention to
abate and remove the vehicle, or parts thereof, as a public nmsance shall be mmled by registered
mail to the owner of the property on which the vehicle is located and to the owner of the vehicle
itself, unless the vehicle is m such condition that identification numbers are not available to
determine ownership The notices of intention shall be in substantially the following forms'
NOTICE TO LANDOWNER OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC' NUISANCE
(Name and add~ ess of owner of the land)
As owner shown on the last equahzed assessment roll of the land located
at (address), you are hereby notified that the understgned, pursuant to
Sectton 7-22 8 of the Lynwood MumctpaI Code, has determined that there
extsts upon said land an abandoned, wrecked, &smantled or moperatwe
vehicle or parts thereof registered to , license
number , ~4,htch constitutes a ptlbhc nutsance pursuant to the
provisions of Chapter 7 (subsection 7-22 1 et seq ) of the Code of the Ctty of
Lynwood
You are hereby notified to abate thls nutsance by the removal of the
vehtc[e or the parts thereof wtthin ten (10) days from the date of mathng of this
nonce, and, upon your fadure to do so, the same will be abated and removed by
the City and the costs of removal, together wtth admmtstrattve costs, shall be
assessed to you as owner of the land on which the vehwle or the part thereof is
located
As owner of the land on whtch the vehtcle or the part thereof ts located
you are hereby notified that you may, within ten (10) days after the reading of
thts nottce of mtentton, file a request for a pubhc hearing wtth the Ctty
Manager's Office If such a request ts not recetved by the Ctty Manager within
such ten (10) day period the City Manager or its designee shall have the
authority to abate and remove the vehtcle or the part thereof as a pubhc
nuisance and assess the costs aa' aforesaid wtthout a pubhc heartng You may
submit a sworn written statement within such ten (I0) day period denying
responsibility for the presence of the vehicle or the parts thereof on the land,
with your reasons for denial, and such statement shall be construed as a request
for hearing at whrch your presence ts not required You may appear in person
at any heamng requested by you or the owner of the vehicle or, tn lteu
thereof, may also present a sworn wmtten statement as aforesatd tn time for
constderatton at such hearing
Nottce marled s~
(date)
Ctty Manager of the Ctty of Lynwood
NOTICE TO VEHICLE OWNER/OPERA TOR OF INTENTION TO ABATE
AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR
INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
3
(Name and address qflas! ; egzste~ ed and/oz legal owner oft eco~ d of
vehicle - notwe should be g~ven to both ~f &ffe~en0
As last reg~te~ ed and/or legal owner of ~ ecord of (desct ~pt~on of
vehicle-make, moctel, lwense, etc ) you are hereby not~fied that the underszgned,
pursucmt to Section 7-22 8 of the Lynwood Mumc~pal Code, has determined
that the vehicle or parts thereof exists as an abandoned, wrecked, d~smantled
or moperattve vehwle at (desc~ ~be locatzon on pubhc or prtvate property) and
constm~tes a pubhc nuisance pursuant to the p~ owszons of Chapter 7
(subsection 7-22 1 et seq ) of the Code of the C~ty of Lynwood
You are hereby nottfied to abate the nutsance by the removal of the
vehwle or the parts thereof w~thm ten (lO) days from the date of mathng of
thts nonce
As the regtstered and/or legal owner of record of the vehtcle or the
parts thereof, you are hereby notoqed that you may, wtthm ten (10) days
after the ma~Img of thts nottce of mtentmn, request a pubhc heamng, and, ~f
such a request ~s not recezved by the C~ty Manager w~thm such ten (10) day
per~od, the Czty Manager or ~ts designee shall have the authortty to abate and
remove ,azd vehtcle or satd parts thereof wtthout a heartng
Not~ce marled s/
(date)
CtCy Manager of the Ctty of Lynwood
b. Upon request by the owner of the vehtcle or owner of the land received by the C~ty
Manager w~th~n ten (10) days after the mmhng of the notices of intention to abate and remove,
a pubhc hearing shall be held by the heanng officer on the questmn of abatement and removal of
the vehicle or parts thereof as an abandoned, wrecked, d~smantled or ~noperat~ve velucle,
and the assessment of the adtmnistrat~ve costs and the cost of removal of the vehicle m parts
thereof agmnst the property on which it ~s located
c If the owner of the land snbm~ts a sworn written statement denying responmbfl~ty for the
presence of the vehtcle (or parts thereof) on h~s land w~thm such ten (10) day period, the statement
shall be construed as a request for a heanng which does not reqmre h~s presence.
d Notme of the hearing shall be mmled, by registered mml, at least ten (10) days before
the hearing to the owner of the land and to the owner of the vetucle, unless the vehicle ~s in such
con&non that ~dent~ficatlon numbers are not avadable to determine ownership If such a request
for heanng ~s not received ~mthm ten (10) days after maihng of the notice of lntentmn to abate
andremove, the mty shall have the authortty to abate and remove the vehicle or parts
thereof as a pubhc nmsance vathout holdmg a pubhc hearmg
Section 5. That subsection 7-22 9 Code of the C~ty of Lynwood be repealed ~n ~ts entirety and
amended to read as follows
4
7-22.9
Hearing Procedures; F~ndings.
a All heatings undm tins section shall be held befoie sach heanng officer, as may be
designated from time to tm~e by the City Manager, who shall hear all facts and testimony
he deems pertinent The facts and testimony may include testimony on the condition of the
vehicle or parts thereof and the circumstances conceruing its location on the private property or
public property The hearing officel shall not be hmlted by the tecluncal rules of evidence The
owner of the land may appear m person at the hearing or present a s~vom written statement m tune for
consideration at the hearing, and deny responslb~hty for the presence of the vehicle on the land, uath
Ins masons for such demal
b The heanng officer may impose such conditions and take such other action as he deems
appropriate under the circumstances to carry out the purpose ofth~s secUon He may delay the
time for removal of the vehicle or parts thereof if, in his opunon, the mrcumstances justify tt At
the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof
has been abandoned, wrecked, dismantled, or is inoperative on private or public property and
order the same removed from the property as a public nmsance and disposed of as hereinafter
provided and determine that adrmmstratlve costs and the cost of removal to be charged against the
owner of the land The order reqmrmg removal shall include a description of the vehicle or parts
thereof and the correct ~dentlficatmn number and license number of the velncle, ff available at the
site
c If it is determined at the hearing that the veincle was placed on the land wrthout the consent
of the owner of the land and that he has not subsequently acquiesced ,n its presence, the heanng
officer shall not assess the costs of admlmstratlon or removal of the vehicle against the property
upon wluch the vehicle is located or otherwise attempt to collect such costs from such owner of
the land
d If the owner of the land submits a sworn written statement denying responslbihty for the
presence of the vehacle on Ins land but does not appear, or if an interested party makes a written
presentatmn to the hearing officer but does not appear, the owner or interested party shall be
notified in writing of the dec~slon
Section 6. That subsection 7-22 13 of the Code of the City of Lynwood be repealed in its
entirety and amended to read as follows
7-22.13
Assessment of Costs.
If the costs of removal and the administrative costs which are charged against the owner of a
parcel of [and pursuant to subsection 7-22.7 of tIns Section are not prod wrtlun thirty (30) days of
the date of the order or the final d~sposltlon of an appeal therefrom, such costs shall be assessed
agmnst the parcel of land pursuant to Section 38773 5 of the Government Code and shall be
transmitted to the tax collector for collection The assessment shall have the same priority as
other city or county taxes
5
Section 7. That subsection 7-22 14 of the Code of the C~ty of Lynwood be lepealed m its
entuety
Section 8. That Section 7-23 of Chapter 7 of the Code of the City of Lyn~vood be lepealed it its
entirety
.Section 9. That a new Sectmn 7-23 of Chapter 7 be added to Code of the City of Lynwood
which section reads as folloxvs
Section 7-23
CITY DIRECTED TOWING SERVICES
7-23.1
Statement of Intent/Purpose
The City Council finds it is in the public interest that this section be enacted to prescribe
the basic regulations for the operation of towing compames In the C~ty participating in a rotation
system for the removal of and towing away of motor vehicles which are illegally parked,
apparently abandoned, mvolved in an accident, or which constitute an obstruction to traffic due
to mechamcal failure, or are otherwise required by law to be towed or stored It ~s the purpose of
this section to establish a fair, oblectlve and publicly beneficial method for the City to distribute
requests for towing services among qualified, law-enforcement approved towing companies, and
in the best interest of the residents of Lynwood
7-23.2 Def'mitions
"Century Station" shall mean the Los Angeles County Sheriff's Department station
located at 11703 Alameda Street m the City of Lynwood
"Century Station Tow Dispatcher" shall mean those Century Station employees who
shall receive,requests for towing services from City Parlang Enforcement Officers
"City Designated Towing Service" ("CDTS") or "CDTS Franchisee" shall mean a
Towing Company that has been granted a franchise by the City Council of the City of Lynwood
to provide City Directed and Sheriff Directed Tows in the City pursuant to the procedures set
forth in th~s section
"City Directed Tows" shall mean all tows of vehmles located in the City of Lynwood
requested or ordered by City Parking Enforcement Officers from a CDTS whether such service
involves City vehicles or private vehicles determined to be relocated by City Parking
Enforcement Officers pursuant to provisions of law (impounds) With the exception of tows
involving abandoned vehicles and/or &sabted City vehicles, all requests for City Directed Tows
shall be chauneled through Century Station Tow Dispatchers in order to maintain rotational
integrity
6
"City Manager" shall mean the City Manager of the C~ty of Lynwood, or his/bet
anthonzed designee
"City Parking Enforcement Officer" shall mean those City employees engaged in
directing traffic or enforcing parking laws in the City of Lynwood under the direction of the C~ty
Manager
"Franchise Fee" shall mean the fee paid to the C~ty by a Towing Company upon award
or renewal ofa CDTS franchise
"Gross Receipts" shall mean any and all compensation received by a CDTS in
connection with City or Sheriff Directed Tows, ~ncludmg but not hmlted to, towing, storage,
dolly charges or other fees Gross receipts shall not include any proceeds received from vehicle
lien sales related to City or Sheriff Directed Tows
"Sheriff Directed Tows" shall mean all tows of vehicles located m the C~ty of Lynwood
requested or ordered by Sheriff's Department employees from a CDTS Sheriff Directed tows
shall include all tows of private vehicles determined to be relocated by Shenfffs Department
employees pursuant to provisions of law (impounds), disabled vehicles which present a hazard
and those tows where the owner or driver of a disabled vehicle ~s unable or fails to specify a
particular Towing Company to render service
"Sheriff's Department" shall mean the Los Angeles County Sheriff's Department
"Sheriff's Lynwood Rotation List" shall mean the list of CDTS franchisees maintained
by the Century Sheriffs Station from which SheriffDepartment employees will make calls for
ShenffDtrected tows on a sequential basis Such llst shall be separate from any Sheriff's Tow
Rotation list maintained by the Century Station
"Towing Company" shall mean any person, individual, corporation, partnership,
umncorporated business association or other concern engaged in conducting a Towing Business
"Towing Business" slxal[ mean any activity of towing and/or storing of vehmles,
including the removal of vehicles from private property and the performance of other services
incidental to towing for compensation within the City, and shall include any CDTS Towing
Company who has entered into a franchise with the City pursuant to the provisions of this
Section
7-23.3
City Designated Towing Service Franchises
By the adoption of an ordinance or resolution, the City Council may at its discretion grant
nonexclus~ve City Designated Towing Service ("CDTS") franctuses to Towing Companies for
the purpose of providing City and Sheriff Directed Tows in the City of Lynwood pursuant to the
provisions of this Section
7-23.4
Franchise Required
a Any and all Towing Compames not granted franchises by the C~ty Couucd me prohibited
from responding to City or Sheriff Directed tows, except that no franchise ~vdl be leqmred for
any Towing Company that
Provides tow selwices exclusively to members of an association, antomobde club
or similar organization and receives remuneration only from the sponsoring
association, automobile club or similar organizations,
2
Provides tow servmes w~thout charge or fee for other vehicles owned or operated
by the individual organization furnishing the tow service,
3
Provides City or Sheriff Directed tows ~vben no franchisee Is available to perform
such services or cannot provide such services in a timely manner,
4
Tows a disabled vehicle or a vehicle involved in a traffic collision in the City of
Lynwood at the request of the registered owner, legal owner or authorized
operator or representative thereof,
5
Tows disabled vehicles from private property at the request of the property owner
pttrsuant to the provisions of Vehicle Code sections 22658 and 22658.2
b Unless otherwise prolubited by law, the above exceptions from the requirement of a
franchise shall not constitute exemptions from City business license requirements as may be
specified elsewhere in this Code
%23.5
Franchise Agreement
Each Towing Company selected to be a CDTS Franchisee shall enter into written a
franchise agreement with the City The written agreement shall be in a form approved by the
City Attorney Each written agreement shall provide that the terms and conditions of each
franchise as set forth m this Section shall be incorporated by reference into the agreement Each
franchise agreement shall contain, among other things, eligibility' requirements, operating
regulations and schedules detailing the maximum rates to be charged for towing services as
adopted by resolution of the City Council
7-23.6 Franchise Fees
The City Council shall establish from time to time by resolution the Franchise Fee to be
prod by each CDTS Franchisee upon execution of the franchise agreement In addition to the
Franchise Fee, each franctnsee shall pay to the City a percentage of its monthly Gross Receipts,
such percentage amount to be set from time to time by resolution of the City Council The
monthly Gross Receipts payment shall be made no later than the fifteenth (15th) day of the month
immediately following the month for which the monthly Gross Receipts fee is calculated, and a
late fee of 10% (ten percent) shall be assessed on all payments made thereafter Each payment
shall be accompanied by the monthly reports specified m subsection 7-23 15 of this Code.
7-23.7
Assessment of Costs; Payment of Administrative Fee; Vehicle Release
a The City Council shall from time to time by resolution, determine and fix an amount to
be assessed as administrative costs relating to the removal, impound, storage or release of
properly impounded vehicles, as authorized by §22850 5 of the Cahfomla Vehicle Code The
amount of the most recently adopted administrative vehicle release fee shall be published in the
Lynwood Fee Schedule
b Before a vehicle may be released, each registered owner (or agent of the registered
owner) whose car IS unpounded pursuant to a C~ty or SheriffDlrected tow shall pay, in addition
to any storage or service fees imposed by the CDTS, the admimstratlve vehicle release fee
established above Upon presentation of a valid vehicle release form, the vehicle release fee
shall be charged to and collected from vehicle owners by the City Parking Enforcement Division
during the City's normal business hours The Sheriff's Department shall process the vehicle
release forms and collect the vehicle release fees on those days and times when the City is
closed, or when the vehicle to be released involves a chine-related impotmd The Sheriff's
Departments shall remit all such vehicle release fees collected to the City .
c Exceptions
No administrative fee shall be charged for vehicles which have been reported
stolen and recovered by the Sheriff's Department
No admlmstrat~ve fee shall be charged on a vehicle wluch was improperly
impounded or stored
3
The admmistrauve fee established by tlus Section shall not apply to vehicles
towed under the vehicle abatement provisions of Section 7-22 of this Code
d No vehicle shall be released by a CDTS without a signed, valid release form issued by
the City or the Sheriff's Department No repair work shall be done by, nor contract entered into
between a CDTS Franchisee and a vehicle owner or his agent w~th respect to an rmpounded
vehicle until after the vehicle has been released by the City Parking Enforcemeut Division or the
Sheriff' s Department
7-23.8
Terms and Conditions of Franchise
a Franchises granted pursuant to this Section shall be nonexclusive and shall be for a term
of no longer than five (5) years The terrn shall be specified by the City Council in the resolution
or ordinance granting the franchise and in the franchise agreement bet~veen the City and the
CDTS Franchisee
b A minimum of t~vo (2) fianclnses shall be gianted, and the City Council may, at its
discretion, grant a maximum number oftlnee (3) franchises No provision of this Section shall
be deemed to requue the City Council to grant any fi~anchise if the Council determines that the
grant of my such fi an chlse is not in the best interests of the City and the residents of Lynwood
c All CDTS Flanchlsees shall be subject to the provisions of this Section, as well as any
terms or conditions specified in the franchise agreement or the resolution m or&nance granting
the franchise
d In granting any CDTS fi'anchlse, the City Council may prescribe such other terms and
conditions, not m conflict with this Section, as are determined by the City Council to be in the
best interest of the City and the residents of Lynwood
e CDTS Franchisees shall tow at no charge to the City any disabled City-owned vehicles
when such vehicles are located within the City corporate limits or a five (5) m~le radius thereof
f CDTS Franchisees shall tow at no charge to the City any abandoned velucles which
require removal pursuant to the prov~sions of Section 7-22 et seq of il'us Code
7-23.9
Franchisee Selection
a Not less than three (3) months prior to the date an existing CDTS franchise ts due to
expire or whenevei the C~ty Council establishes that a need for a CDTS franchise exmts, the City
Manager shall cause a request for proposals for CDTS Franchisees to be prepared The City
Manager shall select the most qualified proposal(s), if any, after the Sheriff's Department has
performed an mvest~gatmn and a background check on the Towing Company and h~s/her
employees Towing Companies submitting proposals w~ll be reqmred to include a fee to cover
the costs associated with the Sheriff' s investigation and background check(s)
b Upon successful completion of the lnvestigat~on and background check(s), the City
Manager shall recommend in writing to the City Counml the award of a franctuse based on the
results of the investigation and background check, as well as the bidder's comphance with the
criteria specified in the request for proposal or otherwse established by this Section
c, A need for a new or additional CDTS Franchisee is established if any of the following
An ex~stlng CDTS franchise has been revoked pursuant to any applicable
provision of this Section,
2
The response t~mes of all of the existing CDTS Franchisees exceeds twenty (20)
minutes due to a demonstrable mcrease in the volume of tows,
3
The City Council upon recommendation from the C~ty Manager, detennmes that
conditions warrant a CDTS franchise to adequately protect the health, safety and
welfare of the residents of the City.
10
7-23.10
Grounds for Franchise Denial
a A franchise apphcatlon/proposal ol renewal may be denied by the City Council ~vhen the
City Manager determines that
The apphcant has made a material misrepresentation in its response to the request
for proposals
The applicant, its employees or any ten percent (10%) or gieater owner has been
convicted of a felony or had his Driver's License revoked within the previous ten
(10) years,
The applicant does not comply with the requirements of this Section, including
hut not limited to, requirements for tow trucks and equipment, or vehicle storage
yards,
The applicant is unlikely to be able to provide CDTS on a consistent and
uninterrupted basis, based upon the applicant's history as a Towing Company,
Including but not hm~ted to, prmr towing permit revocation or other dlsmphnary
action, any adverse civil judgment or settlement, bankruptcy or any other relevant,
vendable facts which have beanng upon the abthW of the apphcant to satisfy the
requirements of this Section throughout the franchise term
7-23.11 Tow Rotation
a. All CDTS Franchisees shall be placed on the Sheriff s Lynwood Rotation list The lmtlal
order of franchisees on this list will be determined by the C~ty Managel and communicated to the
Sheriff's Department
b Each CDTS Franchisee shall be called in turn by the Century Statmn Dispatcher
according to the estabhshed Sherl£f's Lynwood Rotation List, to respond to a request for towxng
service as follows-
1 The CDTS Franchisee at the top of the order on the rotation list shall have the
preference to tow all veh'~cles from a specific scene, provided that such CDTS Franchisee
responds with alt eqmpmeixt needed to accomplish the tows within the twenty (20)
minute response time.
2 When a CDTS Franchisee is unable to respond with all the eqmpment needed to
accomplish all tows at specific scene within the twenty (20) minute response time, the
next CDTS Franchisee on the rotation list shall be called to provide service to the
remaining vehicle(s)
3. Whenever a CDT$ Franehrsee carmot, for any reason, respond vath any
eqmpment needed to accomplish the requested service within the twenty (20) minute
11
response time, that CDTS FlanchIsee shall be passed over and the next CDTS Franchisee
on the SheiIff's Lynwood Rotation List will be called The CDTS Fianchmee who
experiences this type of loss In turn shall become eligible to provide service again only m
its next turn In rotation
c Exceptions
1 Whenever the driver o2 ownel of a disabled vehicle specifies a particular club,
association or tow service to be called to provide service, such calls shall not constitute a
rotation turn
2 Whenever a member of the Sheriff's Department employee determines that an
emergency exists because a CDTS Franchisee IS unable, for any reason, to provide
adequate tow service, the Sheriff's Department member shall have the right to have such
duties performed by any other means avmlable
3 Whenever a CDTS Franchisee IS called directly by City Parking Enforcement
Officers to tow a disabled City vehicle within five (5) miles of the C~ty's corporate limits,
such call shall not constitute a rotation call
4 Whenever a CDTS Franchisee is called directly by C~ty Parking Enforcement
Officers to tow an abandoned vehicle pursuant to Section 7-22 et seq of this Code, such
call shall not constitute a rotation turn
5 Cancelled calls, or "dry runs" shall not constitute a rotation turn
d Upon the recommendation of the City Manager, the City Council may by resolution
amend the tow rotation procedure to ensure the efficient handling of requests for service
7-23.12
Compliance with Sheriff's Department Towing Service Requirements
a In addition to any requirements specified in tins Section or in the franctuse agreement, all
CDTS Franctusees must also comply with the towing service requirements set by the Sheriff's
Depamnent for its Vehicle Towing and Storage Services Contractors including, but not limited
to, the following areas
1 Office
2 Garage
3 Primary Impound Lot
4 Covered Storage
5 Secondary Impound Lot(s)
6 Holding or Disposal Lot
7 Impounded property
8 Trucks and Equipment
9 Records
10 Persom~el
12
11 Insurance
12 BusmessLicense
b The most cmxent version of the Sheriff's Department towing service requnements shall
be adopted from time to tlale by resolution of the City Council and be attached to and nmde part
of each CDTS franchise agreement The Sherlf£s Department and the City retain the right to
modify any of these requirements
7-23.13 Location of Facilities
In order to provide prompt and efficient service, CDTS Franchisees should have facilities
located within the City of Lynwood However, the City Manager may consider proposals from
Towing Companies ~vho do not have facilities located in the City, provided that such facilities
are located no more than three (3) miles outside the City's corporate limits and the City Council
determines that such location will not negatively impact the obligation to serve requirements set
forth in subsection 7-23 19
7-23.14 Inspection of Facilities and Equipment
The equipment and facdlties of all CDTS Franchisees shall be subject to periodic checks
by the City Manager or his/her designees during normal business hours The City Manager's
designees may include City employees and/or Sheriff's personnel CDTS Franchisees shall
prowde access to the City Manager during normal business hours to ensure compliance with the
conditmns of the CDTS's franchise agreement with the City.
7-23.15 Records and Reporting Requirements
a Each CDTS Franchisee shall maintain separate records relating to providing City and
Sheriff Directed Tows for a period of at least five (5) years Such records shall include, but not
be limited to, the following
Vehicle impound reports (CHP form 1 §0 or any successor document) made available
by the City or the Sheriff's Department,
2 Copies of registered letters to vehicle owners,
Charge sheets that list tow, labor and storage rates charged against each individual
vehicle Such charge sheets must contmn the vehicle owner's or owner's legal
representative's signature, be of a design approved by the City and be available for
periodic data collection,
4 Inventory list of personal property in vehicles impounded and stored,
5 Records ofvehmles sold under authority of Civil Code Section 3074,
6 Records of vehicles sold under authority of Civil Code Section 3072,
13
7 Copies of C~ty-issued and Shellff-lssued vehicle l elease forms
b All accounting recoids mamtmned by CDTS Franchisees relating to City or Sheriff
Duected tows shall be avmlable to designated representatives of the City for audit purposes on a
quarterly basis upon twenty-four (24) trout notice to franchisee
c. Each franchisee shall provide a log report to the C~ty Manager on or before the 15th
calendar day of each month for the plevlous month's activmes The log report shall include, but
not be limited to, the following
1
2
3
4
5
6
7
8
9
l0
11
12
13
Total numbel of calls,
Date of each call,
Time of each call,
Origin of each call (City Directed or Sheriff Directed),
Location of calls,
Reason for call (accident, impound, CVC or LMC violation, Other)
T~me of response,
Total number of vehicles impounded or stored,
License number, make and model of vehicle,
Date of vehicle release,
Person or firm to whom vehicle released,
Charges imposed and proceeds received, and
Franchisee's calculation of the monthly gross receipts fees due to City
& All required reports and records shall be furnished at the sole expense of each CDTS
Franchisee and shall be m a format approved by the City Manager CDTS Franctnsees shall
submit all reports and information required on computer disks, in a format compatible with the
City's computers
e All reports provided by CDTS Franchisees shall be signed and certified under penalty of
perjury, by a responsible officer of the franchisee, that the report is true and correct
f The monthly log report shall be accompanied by the monthly Gross Receipts Fee
payment
g Failure to maintain the required records or timely submit the monthly log report and
Gross Receipts Fees as specified herein shall be grounds for revocation of the CDTS francluse
7-23.16 Towing Rates
The maximum rates to be charged by CDTS Franchisees for City or Sheriff Directed
Tows storage and other fees associated therewith shall not exceed the rates currently charged by
the Sheriff's Department Vehicle Towing and Storage Services Contractors. An approved rate
schedule shall be adopted from time to time by resolution of the City Council, and the most
14
lecently adopted late schedule shall be attached to and made part of each CDTS franchise
agreement
7-23.17 Insurance Requirements
All CDTS Franclusees shall be reqmred to maintain and provide proof of general
liability, garage keepers, automobile liabihty and workers' compensation insurance, in an
amount and Insurance-industry rating to be set from time to time by resolution of the City
Council In no event shall such insurance requirements be less than those required to be
maintained by the Sheriff's Department Vehicle Towing and Storage Services Contractors
pursuant to subsection 7-23 12 Such insurance policies shall be acceptable to the City Attorney,
and where required, name the City as an additional insured
7-23.18 Business License
Unless exempt by law, each CDTS Franclusee shall have and mmntain a valid license to
do business m the City at all times during the term of the franchise agreement
7-23.19 Obligation to Serve; Response Time
Franchisees are required to respond to any and all calls for City and SheriffDlrected tows
within the City of Lynwood and to provide such services for any vehicle as directed by City
Parking Enforcement Officers or members of the Sheriff's Department Response time for City
and Sheriff Directed tows shall be within fifteen (15) to twenty (20) minutes of such calls,
twenty-four (24) hours a day, seven days a week, three hundred and sixty-five (365) days a year
The City Council may revoke a franchise for repeated failure to comply with tb~s subsection
7-23.20
Display of Signs
a A CDTS Franch~see's business office shall have a sign posted which includes the
company name, address, phone number, and hours of operation, clearly visible from the
roadway
b A CDTS Franclusee shall conspicuously place in the business office and such other
places where customer financial transactions take place a sign hsting the rates m~d charges for all
towing and storage services offered
c Except as otherwise provided herein or in the requirements for Sheriff's Department
Vehicle Towing and Storage Services Contractors, no CDTS Franchisee shall d~splay signs or
advertising materials which indicate a pohce garage or an "official" CDTS without having
received prior written approval from the City Manager
7-23.21 Indemnity
Each CDTS Franchisee agrees to protect, mdenmify, defend and hold harmless the City,
xts officers, agents and employees, from and against any and ali clmms, demands, or liabthty
15
fiom o~ ~elat~ng to loss. damage, o~ injury to persons o~ p~operty ~n any maturer whatsoever
m~s~ng out of ot incident to the CDTS's £ranch~se w~th the C~ty o~ xwth the CDTS's pe~ formance
of work unde~ such fi anclnse, ~ncluding, w~thout hm~tat~on, all consequentml dan~ages caused in
iespondlng to or prepanng to respond to C~ty or Sheriff D~rected Tow service requests, ~n
p~owdmg subsequent storage of vehicles, and ~n other related mmntenance act~vmes, whether
such clmms are caused by the neghgence of the CDTS Franchisee or ~ts agents and employees
7-23.22 Scene of Accident
When a CDTS Franchisee has been dispatched to the scene of an accident or to a vehicle
which has been m~pounded by the SherifFs Department, the CDTS Franchisee shall cooperate
w~th law enforcement officers in removing hazards and dlegally parked vehicles
7-23.23
Rights of Vehicle Owner
Any owner or driver of a d~sabled vehicle or a vehicle Involved ~n a traffic colhston in the
City ofLynwood retmns the right to call for a particular club, assoctatmn or towing service of his
own choosing Such right shall not be infringed upon, provided that when such vehicle presents
a traffic safety hazard ~t ~s removed w~thout undue delay
7-23.24
CDTS Franchisees Responsible for Vehicles
Each CDTS Franctnsee, upon s~gning CHP Form 180 "Report of Impounded Vehicle," or
such successor form, assumes full respons~bibty for each vehicle and Its contents upon impound
7-23.25 Authority for City to Maintain Own Towing Operations
Nothxng ~n this section shall be construed as restricting or proh~bitlng the City of
Lynwood from conducting xts own towtng operations or mamtmmng 1ts own touang or storage
yard, either m heu of, or addition to any CDTS franchise that ~s awarded pursuant to th~s section
7-23.26
Revocation of Franchise
a The City reserves the right to revoke any franchise granted pursuant to this Sectmn
and to resmnd all rights and privileges associated w,th such franchise ff
l The CDTS Franchisee defaults m the perfom~ance of ItS material
obhgatmns under the provisions of this Sectmn or the franchise agreement, and
fails to cure such default within the t~me period specffied in the written notice rrm
the City Manager,
2 The CDTS Franchisee fads to provide or maintain ~n full force and effect
the msurance coverage as required by any resolution adopted pursuant to
subsection 7-23 17 ofth~s Code and/or as set forth In the franchise agreement,
16
3 The franchisee violates any order or luhng of any regulatory body having
jurisdiction ovel the franchisee relative to the franchisee's tow truck business,
unless such ordm oi ruhng is being contested by the franchisee by appropriate
ploceedmgs conducted m good faith,
4 The franchisee practices any fraud or deceit upon the City or upon peisons
to whom it provides towing services as determined by a court of law, ol
5 The franchisee becomes insolvent, unable or unwllhng to pay its debts and
obligations, or is adjudged to be bankrupt.
b. The City's revocation of the CDTS Franchlsee's franchise shall in no way affect
any right of the City to pursue any remedy under the franchise or any other prov~sion of
law
7-23.27
Notice of Revocation; Opportunity for Hearing
a Prior to revoking a franchise granted under this Section, the City shall give the
CDTS Franchisee notice and an opportunity to be heard on the matter in accordance with
the following procedure
1 The City Manager shall first notify the CDTS Franchisee of the violation in
writing, and demand that the franchisee cure the default within a reasonable time,
which shall not be less than ten (10) days in the case of the CDTS's failure to pay
any amounts due to the City under the provisions of this Section or the CDTS's
franctnse agreement ~vith the City, and thirty (30) days in all other cases
2. If the CDTS Franchisee fails to correct the violation within the time
prescribed, or if the CDTS Franclusee fails to commence correction of the
violation within the time prescribed, the City Manager may recommend to the City
Council that the Francluse be revoked In such an event, the City Manager shall
provide written notice to the CDTS Franchisee setting forth the reasons for the
proposed revocation. The written notice shall also state the date and time for a
pubtm hearing before the C~ty Council regarding the proposed revocation, such
hearing to take place not less than fourteen (14) calendar days from the date of the
notice
3 During the public hearing, the Cny Council shall hear and consider all
relevant evidence submitted by the City Manager, staff, the CDTS Franchmee or its
authorized representative and any other interested party who wishes to be heard If
the City Council finds that the CDTS Franctusee has committed a material breach
under the franchise agreement or this Section and that the franchisee has not
corrected the violatmn or has not dihgently con-m~enced correction of the violation
after recetvurg proper notice in accordance with this subsection, the City Councd
may revoke the franchise
17
4 All notices required by this Subsection shall be in wilting and shall be
elthel personally seived m sent by ~egmtered oi certified
7-23.28
Unlawfid Responses
It shall be unlawful for any Towing Company other than a CDTS Franchisee to perform
Ctty or Sheriff D~rected Tows, unless specifically requested to do so by a City Parking
Enforcement Officer, designated City employee or a member of the Sheriff's Department The
foregoing notwithstanding, the owner or operator of any vehicle may request that any specific
towing servme operator be called to remove and tow away hls~ner vehicle
7-23.29
Violations and Penalties
a Every Towing Company who conducts or operates a Towing Business m the C~ty without
a bus~ness hcense as required by the applicable provisions of Chapter 4 of ttns Code shall be
guilty of a m~sdemeanor
b Any Towing Company who responds to calls for City or Sheriff Directed Tows without
benefit of a CDTS franchise, except as otherwise permitted by paragraph a 1 of subsection 7-
23 4of this Code shall be gmlty of a misdemeanor
c. Any Towing Company who responds to calls for City or Sheriff Dtrected Tows without
benefit of a CDTS franchise, except as otherwise permitted by paragraph a. 1 of subsection 7-
23 4. of this Code will be considered a public nuisance The City Attorney may commence an
action or proceeding for the abatement and removal from the Cxty of such nmsance in the maturer
permitted by law
Section 10. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
tl:us ordinance or any part thereof m for an), reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaimng portions oftlms ordinance The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance Irrespective of the fact that any one or
more sectton, subsection, subdtviston, paragraph, sentence, clause or phrase be declared tnvahd
or unconstitutional
Section 11. This ordinance shall take effect thirty (30) days after Its final passage by the City
Council
Section 12. The City Clerk of the City of Lynwood ~s hereby directed to certify to the passage
and adoption of thts Ordmance and to cause tt to be published or posted as required by law
F~rst read at a regular meeting of the City Council held on the
day of
2005 and adopted and ordered published at a regular meeting of said
Council held on the
day of ,2005
18
Attest
Ramon Rodngaez, Mayo~
City of Lynwood
Andrea L. Hooper, C~ty Clerk
Approved as to form
Joseph Wang, Imenm City Manager
J. Amoldo Beltran, City Attorney
19
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the understgned, C~ty Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the C~ty Councd of the City of Lynwood at a
regular meeting held on the _ day of __, 2005
AYES
NOES
ABSENT
Andrea L Hooper, Crty Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Councd of
said C~ty, do hereby certify that the above and foregoing is a fidl, true and correct copy of
Ordinance No on file in my office and that said Ordinance was adopted on the
date and by the vote theretrt stated
Dated this day of__ _, 2005.
Andrea L Hooper, C~ty Clerk
2O
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
TOW SERVICE EXPECTATION SHEET
Dunng the course of our daily activities, the Sheriff's Department requires vehicle towing and storage
due to the requirements of the Cahfomia Vehicle Code
does not maintain an official Departmental
Department must ut~hze private compames to
to ensure that these serwces maintain the h~
the County, we developed this "Tow Servm,
Due to the fact that the Sheriff's Department
: of motor vehicles, the Sheriff's
Code requirements In an effort
and are applied consistently throughout
;beet"
A. OFFICE
1 The offtce sha
and properly painted
GARAGE
1
vallable to
uate facd~t~es and eqm
;shall ~~o
shall be systematmally spa
on all s~des of tho:
as
appearance
and
Spacing
5
The stora~
damage
Vehicles stored for
reside to be protected
elements arid shall not
appropriate member of
poss~b~hty of theft, possible
or special ~nvestlgatlons shall be stored
d~rt or detenoratx?n by the sun or other
from such storage until authorized by an
Department
PRIMARY IMPOUND LOT
1 Shall be immediately adjacent to or contain the office facilities
2 Shall be adequate in size to accommodate all
Page 1 of 4
Do
Tow Service Expectatigns.,Shcet
A
B
C
D
"l-told" vehicles
l-IJgh valuc vehmles
Specially equipped vehicles
Vehicles to be released lmme& ately to owners
3
Security shall be adec
adequate fencing and 1
pubhc view, the feucn
height of 6' 0" o~ m
theft or vandahsm Th~s should include
that where the lot ~s exposed to
sln~lar constmctlon to a rmn~mum
ty or county ordinances
4 Ltght~ng shall be
ws~bdlty to all a~eas of the lot
be adequate to
Amulll expec;
ton
try
all stored
or possible
HOLDING OR DISPOSA£
1 Shall prowde for ~
?
vehmles are clem'ed for d~sposal
Go
TRUCKS AND EQUIPMENT
i Tow vehicles shall be m~mmum of one ton capability Each vetncle
shall be mmntamed iii comphance with the prows~ons of Section 24605,
25253, 25300, 27700, and 27907 of the Vehicle Code
H. RECORDS
Page 2 of 4
I ow Serwce Expectatmns Sheet
All m~pound inventory tccoids shall be complete and contain the teqmred
reformation including
A
B
A complete vehicle inventory including any ~ncluded personal property
Completed vehicle release orders
2
Time clocks or records
A Time call for
B Time tow
C Time
D
E
to reflect the following
on al
vehicles
PER~
shall
shall comply with
;hall be ~
Code
the
cleanliness wM
sonal
Ko
INSURANCE
A
The tow service shall evidence of the ability to respond to
damage claims :tlon 16500 5 of the Vehicle Code The
minimum level of hablhty insurance wluch would saUsfy tlus requirement shall
be $250,000/$500,000/$100,000 Garage keepers habfl~ty ~nsurance for fire
and theft shall be at least $500 per incident
Pohcy expiratmn dates and any notice of cancellation shall be furmshed to the
Sheriff's Department immediately upon recmpt
BUSINESS LICENSE
Page 3 of 4
Tow Service Expectatiofis Sheet
A The tow setwde opeiatol shall have thc appropriate business hcenscs and
comply with ail c~ty and/or County ordinances and zcmmg ~eqm~emcnts
NOTE:
The Department l eserves tho n
spcclhc cunent or proposed LA5
be considered
A Local envlI on~qent
B C~ty or
C Needs
requnement as ~t relates to any
The following are among lacto~s to
actions
Page 4 of 4