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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 Iq 0-~ ~0 oO O(9 OZ 0 Om z _z ww _~ O0 w ~- ww O0 z 0 0',3 [n/~ D o ILl Z Z Z Z Z Z Z Z O~ 0>_ o Z 0 I,-, -- z t33 ILl Ltl LIJ ~ u~m 0 C~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 < 0 0 0 o 0 _o Oo~ -o~ 0 0 0 0 0 0 0 0 0 0 *6 z 0 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