HomeMy Public PortalAbout08-01-2006CCThis Agenda contains a brief genera/ description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and ere available for public inspection. A person who has a question
concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
!.
AGENDA
ITEMS ON FILE FOR CONSIDERATION
AT THE REGULAR MEETING OF
THE LYNWOOD CITY COUNCIL
TO BE HELD ON
AUGUST 1, 2006
COUNCILCHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
5:00 P.M. ~.~
LETICIA VASQUEZ
MAYOR
REVEREND ALFREDDIE JOHNSON, JR.
MAYOR PRO-TEM
FERNANDO PEDROZA
COUNCILMEMBER
LOUIS BYRD
COUNCILMEMBER
MARIATERESASANTILLAN
COUNCILMEMBER
CITY MANAGER
N. ENRIQUE MARTINEZ
CITY ATTORNEY
J. ARNOLDO BELTRAN
CITY CLERK
ANDREA L. HOOPER
CITY TREASURER
IRIS PYGATT
OPENING CEREMONIES
1. CALL TO ORDER
CERTIFICATION OF AGENDA POSTING BY CITY CLERK
ROLL CALL OF COUNCIL MEMBERS
Louis Byrd
Reverend Alfreddie Johnson, Jr.
Fernando Pedroza
Maria T. Santillan
Leticia Vasquez
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL RECESS TO:
LYNWOOD INFORMATION INC.
LYNWOOD PUBLIC FINANCE AUTHORITY
LYNWOOD REDEVELOPMENT AGENCY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR
COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE
DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code
Section 54954.2 (a).)
PUBLIC HEARING
7. LYNWOOD LIGHTING ASSESSMENT DISTRICT FY 2006-07
Comments:
The purpose of this item is to hold the required public hearing to re-establish the district.
The rates remain the same as last year. The public hearing on this matter was
rescheduled from July 18, 2006 to August 1, 2006.On May 2, 2006, the City Council
approved the Engineer's report and further proceeded to give notice of the time and place
for a public hearing on all matters relating to said assessment district and the proposed
assessment rates. The assessment rates will be $1.62 and $3.01 per front footage for
residential and commercial lots, respectively.
Recommendation:
Staff recommends that the City Council hold a public hearing to:
Set the assessment rates for the Lynwood Lighting Assessment District at $1.62 per
foot of front footage for residential properties and $3.01 per front footage for
commercial properties (same as FY 05-06 rates); and
Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL
ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT
DISTRICT FOR FISCAL YEAR 2006-2007".
8. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FY 2006-07
Comments:
The purpose of this item is to hold the required public hearing to re-establish the district.
The rate remains the same as last year. The public hearing on this matter was
rescheduled from July 18, 2006 to August 1, 2006. On May 2, 2006, the City Council
approved the Engineer's report and further proceeded to give notice of the time and place
for a public hearing on all matters relating to said assessment district and the proposed
assessment rates. The assessment rate will be $1.90 per front footage for residential
and commercial lots.
Recommendation:
Staff recommends that the City Council hold a public hearing to:
Set the assessment rates for the Lynwood Lighting Assessment District at $1.90 per
foot of front footage for residential and commercial properties (same as FY 05-06
rates); and
Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL
ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2006-2007".
PROPERTY NUISANCE ABATEMENTS
Comments:
Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous,
unsanitary or unsightly conditions which affect the life, limb, health, property, safety and
welfare of the general public in such a way as to constitute a nuisance.
Recommendation:
Staff recommends that the City Council conduct a public hearing and adopt the attached
resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN
REAL PROPERTIES COMMONLY KNOWN AS 12021 LONG BEACH BOULEVARD
IDENTIFIED AS ASSESSORS NO. 6168-010-042; 4005 JOSEPHINE STREET
IDENTIFIED AS ASSESSORS NO. 6174-009-013; 3557 SANBORN AVENUE
IDENTIFIED AS ASSESSORS NO. 6173-012-023; 11141 FRANKLIN STREET
IDENTIFIED AS ASSESSORS NO. 6170-018-026; 11298 ALAMEDA STREET
IDENTIFIED AS ASSESSORS NO. 6170-007-006 and 2719 FERNWOOD AVENUE
IDENTIFIED AS ASSESSORS NO. 6170-017-005" with the attached document
describing the method of abatement for each property.
CONSENTCALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
10.
MINUTES OF PREVIOUS MEETINGS:
Special Meeting- June 13, 2006
Special Meeting- June 16, 2006
Special Meeting -June 19, 2006
Special Meeting - June 23, 2006
Regular Meeting - June 20, 2006
Regular Meeting - July 5, 2006
Recess Meeting- July 18, 2006
11. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated August 1, 2006 for FY 2005-2006 and 2006 -
2007.
Recommendation:
Staff recommends that the City Council approve the warrant register.
12.
ACQUISITION OF REDEVELOPMENT AGENCY PARCEL NUMBERS 6189-019-900;
6189-019-901; AND 6189~019-902 FOR THE HAM PARK REPLACEMENT PROJECT
Comments:
The Lynwood Redevelopment Agency (LRA) owns three (3) pamels located within the
Ham Park Replacement Project site. These parcels, Parcel Numbers 6189-019-900;
6189-019-901 and 6189-019-902 are located along Josephine Street between Atlantic
Avenue and Pope Avenue. These parcels are ideally suited for the development of the
replacement of Ham Park because of its proximity to the project site.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE
PURCHASE OF PARCELS IDENTIFIED BY LOS ANGELES COUNTY RECORDERS
OFFICE AS PARCEL NUMBERS 6189-019-900; 6189-019-901 AND 6189-019-902
FROM THE LYNWOOD REDEVELOPMENT AGENCY TO THE CITY OF LYNWOOD
FOR THE DEVELOPMENT OF HAM PARK".
4
13.
DISCUSSION ITEM
SELECTION OF A VENDOR FOR AN OFFSITE STORAGE FACILITY
Comments:
On February 7, 2006, the City Council authorized the appropriation of $82,000 for the
implementation of a Records Management program. Staff issued a Request for
Proposals for hard copy records transport, storage, and archive and retrieval services.
Based on staff's evaluation of the cost and the panelists' evaluation of the results of the
interview and site visit, staff recommends that the City Council authorize staff to negotiate
with Filekeepers to provide the City with off-site storage services in accordance with the
scope of work delineated in the Request for Proposals.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
STAFF TO NEGOTIATE WITH FILEKEEPERS TO PROVIDE TRANSPORT, STORAGE,
ARCHIVE AND RETRIEVAL SERVICES FOR HARD COPY RECORDS AND TO
CARRYOVER FUNDS FOR THE IMPLEMENTATION OF THE RECORDS RETENTION
SCHEDULE AND RECORDS MANAGEMENT POLICY AND AUTHORIZE THE MAYOR
TO EXECUTE A CONTRACT FOR A TERM NOT TO EXCEED THREE YEARS IN AN
AMOUNT NOT TO EXCEED $17,000 A YEAR".
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 15, 2006 AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
August 1, 2006
The Honorable Mayor and Members o:[~,¢ City Council
N. Enrique Martinez, City Manager'~.~),~).
G. Daniel Ojeda, P.E., Director-of Public Works/City
Engineer
SUBJECT:
Lynwood Lighting Assessment District, FY 2006-2007
Recommendation:
Staff recommends that the City Council hold a public hearing to:
Set the assessment rates for the Lynwood Lighting Assessment District at
$1.62 per foot of front footage for residential properties and $3.01 per
front footage for commercial properties (Same as FY 05-06 rates); and
Adopt the attached resolution entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE
LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING
LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL
YEAR 2006-2007".
Background:
On May 2, 2006, the City Council approved the Engineer's Report, and further
proceeded to give notice of the time and place for a public hearing on all matters
relating to said assessment district and the proposed assessment rates. The
public hearing on this matter was originally scheduled for July 18, 2006, but was
later rescheduled for August 1, 2006. Although the assessment rates will remain
the same, an annual hearing is required to re-establish the district.
Discussion & Analysis:
The estimated cost for providing citywide street lighting maintenance and the
annual installment for the bond issues for next fiscal year is $1,387,419. A deficit
of $14,916 is projected for FY 2005-2006. At the FY 2005-06 assessment rate of
$1.62 per front footage for residential and $3.01 per front footage of commercial
lots, the estimated revenue of $1,034,203 will not be sufficient to cover for the
district expenditures. The District's projected deficit is $648,132 at the end of
AGENDA
ITEM
June 30, 2007. The cost of an average 50 foot residential lot would amount to
$81.00. The assessment rate will remain the same this year.
Fiscal Impact: The District is projected to have a deficit at the end of the fiscal
year in the amount of $648,132.
Coordinated With:
City Clerk's Office and Finance Department
Cou06058Ltassespubhearing
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ORDERING THE LEVY OF ANNUAL
ASSESSMENTS FOR THE EXISTING LYNWOOD
LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR
2006-2007
WHEREAS, the City Council of the City of Lynwood on the 4th day of
April 2006, adopted Resolution No. 2006-055 proposing the levy of the annual
assessments for the Lynwood Lighting Assessment District (the "District") and
directing the City Engineer to prepare a report in connection therewith; and
WHEREAS, the City Engineer did on the 2nd day of May, 2006
submit a report in relation to said District pursuant to the provisions of the
"Landscaping and Lighting Act of 1972" (Part 2 of Division 15 of the Streets and
Highways Code of the Sate of California) (the "Act"); and
WHEREAS, the City Council did on the 2nd day of May, 2006, adopt
Resolution No.2006-076 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 2nd day of May, 2006, adopt
Resolution No. 2006-077 fixing the time and place for a hearing on the matter of
said District; and
WHEREAS, evidence has been received as to the publication of
notice of said hearing in the time, form and manner required by law.
Now therefore, the City Council of the City of Lynwood does hereby
find, proclaim, order and resolve as follows:
Section 1. Each and all of the recitals set forth above are true and
correct, and hereby incorporated and through set out in full here at.
Section 2. Following notice duly given, the City Council has held a
full and fair public hearing regarding its Resolution No.2006-077, the Engineer's
Report prepared in connection therewith, and the levy and collection of the
proposed assessment against lots and parcels of land within the District for fiscal
year 2006-2007, to pay for the costs and expenses for the improvements
described in Section 5 below pursuant to the terms and provisions of the Act. All
interested persons were afforded the opportunity to hear and be heard. The City
Council has considered all oral and written statements, protests and
communications made or filed by interested persons. All protests and objections
to the levy and collection of the proposed assessment for the fiscal year
commencing on July 1, 2006 and ending on June 30, 2007 are hereby overruled
by the City Council.
Section 3. Based upon its review of the Engineer's Report and other
reports and information, the City Council hereby finds and determines that (i) the
lands within the District will be benefited by the improvements described in
Section 5 below, (ii) the District includes all of the lands so benefited, and (iii) the
net amount to be assessed upon the lands within the District for the 2006-2007
fiscal year in accordance with the Engineer's Report is apportioned by a formula
and method which fairly distributes the net amount among all assessable lots and
parcels in proportion to the estimated benefits to be received by each such lot or
parcel from the improvements.
Section 4. The diagram and assessment in the Engineer's Report,
as presented to the City Council and on file in the office of the City Clerk are
hereby confirmed as filed.
Section 5. The City Council hereby orders the proposed
improvements to be made as described in the Engineer's Report, which
improvements shall be performed pursuant to law, and which are briefly
described as follows:
The installation or construction and maintenance and servicing of existing and
previously proposed public lighting facilities and facilities which are appurtenant
thereto or which are necessary or convenient for the maintenance or servicing
thereof, including but not limited to, electric current, repair of street light
standards and fixtures and incidental costs including labor, material and
equipment. Such improvements constitute the maintenance and operation of
sidewalks, and streets, specifically, the maintenance and operation of existing
and previously proposed public lighting facilities located in and along sidewalks
and streets, including street lights and traffic signals, and facilities which
appurtenant thereto or which are necessary or convenient for the maintenance or
operation thereof, including the cost of rent, repair, replacement, rehabilitation,
fuel, power, electrical current, care and supervision necessary to properly
operate and maintain public lighting facilities and traffic signals located in and
along public streets within the city; and the installation and construction of
previously proposed public lighting facilities, and facilities which appurtenant
thereto or which are necessary or convenient for the maintenance or operation
thereof, which have been paid or are to be paid from the proceeds of revenue
bonds.
Section 6. The assessment is in compliance with provisions of the
Act, and the City Council has complied with all laws pertaining to the levy of an
annual assessment pursuant to the Act.
Section 7. The assessment is levied for the purpose of paying the
costs and expenses of the improvements described in Section 5 above for the
fiscal year 2006-2007.
Section 8. The County Auditor of Los Angeles County shall enter
on the County Assessments Roll opposite each lot or parcel of land the amount
of the assessment and such assessments shall then be collected at the same
time and in the same manner as the County taxes are collected. After collection
by the County, the net amount of the assessments, after deduction of any
compensation due the County for collection, shall be paid to the City Treasurer.
_Section 9. Public property owned by any public agency and in use
in the performance of a public function and which is included within the District
shall not be subject to assessments pursuant to the Act for any of the costs and
expenses of any of the improvements.
Section 10. The City Treasurer shall deposit all monies
representing assessments collected by the County to the credit of a special fund
for the District and such monies shall be expended only for the improvements
described in Section 5 above.
.Section 11. The adoption of this Resolution constitutes the levy of
an assessment for the fiscal year commencing July 1, 2006 and ending June 30,
2007.
Section 12. A certified copy of the diagram and assessment shall
be filed in the office of the City Engineer, with a duplicate copy on file in the office
of the City Clerk and open for public inspection.
Section 13. The Lynwood Lighting Assessment for fiscal year
2006-2007 shall be $1.62 and $3.01 per foot of front footage for residentially and
commercially zoned properties, respectively.
Section 14. The City Clerk is hereby authorized and directed to
forthwith file a certified copy of said diagram and assessment with the County
Auditor, together with a certified copy of this Resolution.
adoption.
Section 15. This resolution shall take effect immediately upon its
PASSED, APPROVED and ADOPTED this
,2006.
day of
LETICIA VASQUEZ, Mayor
City of Lynwood
AT'TEST:
~,lty of Lynwood
APPROVED AS TO FORM:
City Manager
APPROVED AS TO CONTENT:
City of Lynwood
G. DANIEL OJEDA, P.E.
Director of Public Works/city Engineer
City of Lynwood
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the above and foregoing resolution was duly adopted by the City Council of
the City of Lynwood at a regular meeting held in the City Hall of said City on the
dayof
AYES:
NOES:
ABSENT:
,2006, and passed by the following vote:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS,
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this day of ,2006.
City Clerk, City of Lynwood
LYNWOOD LIGHTING ASSESSMENT DISTRICT
ENGINEER'S REPORT
Pursuant to the
LANDSCAPING AND LIGHTING ACT OF 1972
(Division 15, Part 2)
STREETS AND HIGHWAYS CODE
STATE OF CALIFORNIA
DATED: May 2, 2006
LYNWOOD LIGHTING ASSESSMENT DISTRICT
Prepared by:
G. DANIEL OJEDA, P.E.
City Engineer
11330 Bullis Road
Lynwood, California 90262
Cou060421ig htingengineerreport
ENGINEER'S REPORT
THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY HALL, LYNWOOD, CALIFORNIA
LYNWOOD LIGHTING ASSESSMENT DISTRICT
Gentlemen:
Pursuant to the Resolution No. 2006-055 adopted by your Honorable Body on April 4,
2006, I have prepared the
ENGINEER'S REPORT
Required by the Landscaping and Lighting Act of 1972, as amended, (Division 15, Part
2, Streets and Highways Code of the State of California). This Engineer's Report
contemplates the levying of an assessment to provide funds necessary to construct,
install, maintain and service public lighting facilities and appurtenant facilities within the
Lynwood Lighting Assessment District (the "District"). The assessment will be levied
against those parcels of land within said District benefiting from the improvements, as
required by law.
Proper construction, installation, maintenance and servicing of the street lighting
facilities within the District benefit each and every assessable property within the
District by providing proper illumination for ingress and egress and safe traveling at
night to and from such properties. It also improves protection of such properties from
crime and vandalism. The foregoing enhances property values.
Since the lighting facilities are located along the public streets, the front footage of
each benefited property along such streets is used as the base for distributing the
overall costs of the improvements in proportion to the estimated benefits to be
received by each assessable parcel from the improvements.
The different assessments for commercial and residential properties are based on
different lumen and other design requirements along major arterial and residential
streets.
THE ENGINEER'S REPORT
Pursuant to the Landscaping and Lighting Act of 1972, as amended, it is required that
an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it
Engineer's Report
May 2, 2006
Page 2
to the City Council for its consideration.
The said Engineer's Report consists of the following:
1. PLAN NO. 2006-A AND SPECIFICATIONS. The plans and specifications for
the improvements within the District are on file with the City Clerk and Director of
Public Works and incorporated herein by reference. Plan No. 2006-A shows the
approximate location, nature and extent of the street lighting system of the District.
Existing and previously proposed improvements for fiscal year 2006-2007 include, but
are not limited to, the following: electrical energy; repair and replacement of street
light standards and fixtures; labor; materials; equipment; miscellaneous improvements;
overhead and incidental work and construction of capital improvement projects (see
attached Capital Improvement Project List) as required.
A diagram of the District, showing the exterior boundaries of the District, the
boundaries of each lot or parcel of land within the District, is attached hereto and
incorporated herein by reference. Reference is made to the Los Angeles County
Assessor's Maps for fiscal year 2006-2007 for a detailed description of the lines and
dimensions of any lots or parcels within the District.
ESTIMATE OF COSTS.
Maintenance and Servicin,q Costs
The estimate of the maintenance and servicing costs with respect to the District
(including incidental expenses) for the one-year period beginning July 1, 2006 and
ending June 30, 2007 is as follows:
Street Lighting
A. Personnel
$304,469
B. Maintenance & Operations $786,350
TOTAL COST $1,090,819
Capital Improvement Costs
In 1993, the City of Lynwood entered into an agreement with the Lighting Assessment
Engineer's Repod
May 2,2006
Page 3
District pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972
whereby the District received an advance of $2,560,703 from the City of Lynwood for
deposit to the Capital improvement Fund and would repay the City through the levy
and collection of annual assessments for those improvements over a period of twenty
(20) years, commencing with fiscal year 1992-93. The annual installment is
$ 296,600. A list of the approved projects and their status is attached with this report
as Exhibit A.
3. STREET L~GHTING DISTRICT FUND BALANCE:
Attachment 1 describes the District fund balance history. If the District assessment
rates remain the same for FY 2006-07, the year-end balance would be a deficit of
$648,132.
4. ALTERNATIVES TO FUND THE DISTRICT:
In order to balance the District budget a variety of funding alternatives, which would
make the District self sufficient in three years were analyzed. I recommend that the
City Council consider the implementation of such alternatives in the very near future.
Total Estimated Costs
The total amount to be assessed against parcels within the District for FY 2006-2007,
?OhS/sting of the maintenance and servicing costs for FY 2006-2007 and the annual
Installment for capital improvement cost discussed above, is as follows:
FY 2006-2007 ASSESSMI"NT
Street Lighting Costs
$1,090,819
Annual Installment for
Certificates of Participation $296,600
(Revenue Bonds)
TOTAL COST:
Estimated deficit FY 2005-06
Capital Improvement Projects
NETAMOUNT TO BE ASSESSED:
Projected year-end deficit:
$14,916
$280,000
$1,034,203
$ 648,132
Engineer's Report
May 2, 2006
Page 4
3. TOTAL NUMBER OF LIGHTS IN THE CITY OF LYNWOOD
EDISON OWNED
CITY OWNED
TOTAL
Lumen Number Lumen Number Lumen Number
7,000 0 7,000 41 7,000 41
9,500 1,635 9,500 251 9,500 1,886
15,000 142 15,000 80 15,000 211
20,000 143 20,000 146 20,000 289
25,500 0 25,500 551 25,500 551
35,000 0 35,000 8 35,000 8
47,000 0 47,000 87 47,000 87
55,000 0 55,000 5 55,000 5
TOTAL 1,920 1169 3,089
1. Residential properties with 7,000 - 15,000 lumen/light.
2. Commercial properties with 20,000 - 55,000 lumen/light.
5. ASSESSMENT OF ESTIMATED COST
There are approximately 10,075 parcels of property, with approximately 556,151 feet of
front footage, within the District, excluding parcels of public property, which are not
assessed for the cost of improvements.
Zone Feet
1 474,517
2 88,201
Rate Amount
$1.62/FF $ 768,717
~.3.01/FF $ 265,485
Estimated Revenue: $1,034,202
Engineer's Report
May 2, 2006
Page 5
6. ASSESSMENT ROLL
In compliance with the Landscaping and Lighting Act of 1972, copies of the County
Assessor's Map and the County Tax Collector's tax rolls were used in this Engineer's
Report. The assessment roll, for each parcel of land therein, shows the legal description,
the County Assessor's code numbers, the assessable front footage used in calculating
the assessment against each individual parcel and the total net assessment levied
against the parcel. All assessable parcels of land in said District were included in one of
the two zones of benefit as set forth herein above. The assessment roll is on file in the
office of the City Clerk and is incorporated herein by reference.
The foregoing Engineer's Report, which includes PLANS AND SPECIFICATIONS, and
the DIAGRAM, ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented
herewith for your approval by resolution.
Dated this 2nd day of May, 2006
Respectfully,
G.DANIEL OJEDA, P.E.
City Engineer
City of Lynwood
Attachments
®$
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
August 1, 2006
The Honorable Mayor and Members of the City Council
N. Enrique Martinez, City Manager ~.~O '~
G. Daniel Ojeda, P.E., Director of Public Works/City
Engineer
Lynwood Landscape Maintenance Assessment District,
FY 2006-2007
Recommendation:
Staff recommends that the City Council hold a public hearing to:
Set the assessment rate for the Landscape Maintenance Assessment
District at $1.90 per foot of front footage for residential and commercial
properties (Same as FY 05-06 rates); and
Adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF
ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2006-
2007".
Background:
On May 2, 2006, the City Council approved the Engineer's Report, and further
proceeded to give notice of the time and place for a public hearing on all matters
relating to said assessment district and the proposed assessment rates. The
public hearing on this matter was originally scheduled for July 18, 2006, but was
later rescheduled for August 1, 2006. Although the assessment rates will remain
the same, an annual hearing is required to re-establish the district.
Discussion & Analysis:
The estimated cost for providing citywide landscape maintenance and the annual
installment for the bond issues for next fiscal year is $1,738,941. With the
estimated carryover deficit from FY 2005-06 of $524,643 and the estimated
revenue using the same assessment rate of $1.90 per front footage as in FY
AGENDA
iTEM
The cost of an average 50 foot lot would amount to $95.00. The assessment
rate will remain the same for this fiscal year.
Fiscal Impact: The District is projected to carry a deficit of $1,194,420 by the
end of FY 2006-07.
Coordinated With: City Clerk's Office and Finance Department.
Cou060591andassespublicheadng
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ORDERING THE LEVY OF ANNUAL
ASSESSMENTS FOR THE EXISTING LYNWOOD
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
FOR FISCAL YEAR 2006-2007
WHEREAS, the City Council of the City of Lynwood did on the 4th
day of April, 2006, adopt its Resolution No.2006-054 proposing the levy of the
annual assessments for the Lynwood Landscape Maintenance Assessment
District (the "District") and directing the City Engineer to prepare a report in
connection therewith; and
WHEREAS, the City Engineer did on the 2nd day of May, 2006,
submit a report in relation to said District pursuant to the provisions of the
"Landscaping and Lighting Act of 1972" (Part 2 of Division 15 of the Streets and
Highways Code of the Sate of California) (the "Act"); and
WHEREAS, the City Council did on the 2nd day of May, 2006, adopt
Resolution No. 2006-078 approving the Engineer's Report herein mentioned; and
WHEREAS, the City Council did on the 2nd day of May, 2006, adopt
Resolution No. 2006-079 fixing the time and place for a hearing on the matter of
said District: and
WHEREAS, evidence has been received as to the publication of
notice of said hearing in the time, form and manner required by law.
NOW, THEREFORE, the City Council of the City of Lynwood DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE as follows:
Section 1. Each and all of the recitals set forth herein above are
true and correct.
Section 2. Following notice duly given, the City Council has held a
full and fair public hearing regarding its Resolution No. 2006-079, the Engineer's
report prepared in connection therewith, and the levy and collection of the
proposed assessment against lots and parcels of land within the District for fiscal
year 2008-2007 to pay for the costs and expenses for the improvements
described in Section 5 below pursuant to the terms and provisions of the Act. All
interested persons were afforded the opportunity to hear and be heard. The City
Council has considered all oral and written statements, protests and
communications made or filed by interested persons.
Section 3. Based upon its review of the Engineer's Report and other
reports and information, the City Council hereby finds and determines that (i) the
lands within the District will be benefited by the improvements described in
Section 5 below, (ii) the District includes all of the lands so benefited, and (iii) the
net amount to be assessed upon the lands within the District for the 2006-2007
fiscal year in accordance with the Engineer's Report is apportioned by a formula
and method which fairly distributes the net amount among all assessable lots and
pamels in proportion to the estimated benefits to be received by each such lot or
parcel from the improvements. All protests and objections to the levy and
collection of the proposed assessment for the fiscal year commencing on July 1,
2006 and ending on June 30, 2007 are hereby overruled by the City Council.
Section 4. The diagram and assessment in the Engineer's Report,
as modified, as presented to the City Council and on file in the office of the City
Clerk are hereby confirmed as filed.
Section 5. The City Council hereby orders the proposed
improvements to be made as described in the Engineer's Report, which
improvements shall be ped'ormed pursuant to law, and which are briefly
described as follows:
The installation, maintenance and servicing of existing and previously proposed
landscaping and appurtenant facilities within parks and landscaped areas within
public rights-of-way and City owned properties in the City of Lynwood. Such
improvements include the maintenance and operation of sidewalks, streets, and
water, flood control and drainage systems, specifically the maintenance and
operation of landscaping and appurtenant facilities in and along streets and
sidewalks, the maintenance and operation of parks, including appurtenant
facilities, which serve as natural retention and drainage systems as required by
the area's Master Storm Drain Plan, and the maintenance and operation of
landscaped areas adjacent to and previously proposed water well sites; and the
installation of previously proposed landscaping and appurtenant facilities within
parks and landscaped areas within public rights-of-way and City-owned property
in the City which have been paid or are to be paid from the proceeds if revenue
bonds.
Section 6. The assessment is in compliance with provisions of the
Act, and the City Council has complied with all laws pertaining to the levy of an
annual assessment pursuant to the Act.
.Section 7. The assessment is levied for the purpose of paying the
costs and expenses of the improvements described in Section 5 above during
fiscal year 2006-2007.
Section 8. The County Auditor of Los Angeles County shall enter
on the County Assessments Roll opposite each lot or parcel of land the amount
of the assessment and such assessments shall then be collected at the same
time and in the same manner as the County taxes are collected. After collection
by the County, the net amount of the assessments, after deduction of any
compensation due the County for collection, shall be paid to the City Treasurer.
Section 9. Public property owned by any public agency and in use
in the performance of a public function and which is included within the District
shall not be subject to assessments pursuant to the Act for any of the costs and
expenses of any of the improvements.
Section 10. The City Treasurer shall deposit all monies
representing assessments collected by the County to the credit of a special fund
for the District and such monies shall be expended only for the improvements
described in Section 5 above.
Section 11. The adoption of this Resolution constitutes the levy of
an assessment for the fiscal year commencing July 1, 2006 and ending June 30,
2007.
Section 12. A certified copy of the diagram and assessment shall
be filed in the office of the City Engineer, with a duplicate copy on file in the office
of the City Clerk and open for public inspection.
Section 13. The Lynwood Landscape Maintenance Assessment
for fiscal year 2006-2007 shall be $1.90 per foot of front footage for residentially
and commercially zoned properties.
Section 14. The City Clerk is hereby authorized and directed to
forthwith file a certified copy of said diagram and assessment with the County
Auditor, together with a certified copy of this Resolution.
adoption.
Section 15. This resolution shall take effect immediately upon its
2006.
PASSED, APPROVED and ADOPTED this __ day of
LETICIA VASQUEZ, Mayor
City of Lynwood
A"FrEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
N. ENRIQUE MARTINEZ
City Manager
APPROVED AS TO FORM:
APPROVED THIS CONTENT:
City Attorney G.DANIEL OJEDA, P.E.
City of Lynwood Director of Pubic Works/City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the above and foregoing resolution was duly adopted by the City Council of
the City of Lynwood at a regular meeting held in the City Hall of said City on the
day ~
AYES:
NOES:
ABSENT:
,2006, and passed by the following vote:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this day of ., 2006.
City Clerk, City of Lynwood
LANDSCAPE MAINTENANCE DISTRICT OF THE CITY OF LYNWOOD
ENGINEER'S REPORT
Pursuant to the
LANDSCAPING AND LIGHTING ACT OF 1972
(DIVISION 15, PART 2)
STREETS AND HIGHWAYS CODE
STATE OF CALIFORNIA
May 2, 2006
LANDSCAPE MAINTENANCE DISTRICT OF THE CITY OF LYNWOOD
Prepared by:
G. DANIEL OJEDA, P.E.
City Engineer
11330 Bullis Road
Lynwood, California 90262
CouO60421andscapeengineerreport
ENGINEER'S REPORT
THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY HALL, LYNWOOD, CALIFORNIA
LANDSCAPE MAINTENANCE DISTRICT OF THE CITY OF LYNWOOD
Gentlemen:
Pursuant to Resolution No. 2006-054, adopted by your Honorable Body on April 4,
2006, I have prepared the
ENGINEER'S REPORT
required by the Landscaping and Lighting Act of 1972, as amended, (being Division 15,
Part 2, Streets and Highways Code of the State of California). This Engineer's Report
contemplates the levying of an assessment to provide funds necessary to construct,
install, maintain and service sidewalks, streets, and water, flood control and drainage
systems and appurtenant facilities within the Landscape Maintenance District of the City
of Lynwood (the "District"). The assessment will be levied against those parcels of land
within said District benefiting from the improvements, as required by law.
Proper construction, installation, maintenance and servicing of median islands, retention
basins, street trees and other landscaped facilities provide an esthetically pleasing
environment, air purification and sound attenuation. Proper maintenance of such
landscaping also provides for the efficient operations of streets, sidewalks, water, flood
control and drainage systems throughout the City. It enhances the overall quality of life
and desirability of an area, thereby enhancing the value of each and every parcel in the
District.
Since the street trees and medians are evenly distributed along the public streets and
other landscaped facilities are evenly distributed throughout the District, all properties
within the District are located within a single zone. The front footage of each benefited
property is used as the base for distributing the overall costs in proportion to the
estimated benefits to be received by each assessable parcel from the improvements.
THE ENGINEER'S REPORT
Pursuant to the Landscaping and Lighting Act of 1972, as amended, it is required that
an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to
the City Council for its consideration. The said Engineer's Report consists of the
following:
Engineer's Report
May 2, 2006
Page 2
1. PLANS AND SPECIFICATIONS
The Lynwood Landscape Maintenance District was formed and assessments first levied
in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans
and specifications for the improvements within the District are on file with the City Clerk
and Director of Public Works and are incorporated herein by reference.
Landscape Maintenance for fiscal year 2006-2007 includes the following improvements:
LYNWOOD CITY PARK (39 acres) Mowing, edging, weeding,
irrigation, restroom maintenance, painting,
fence repair, and trash pick-up.
LOS AMIGOS PARK
(1.75 acres) Mowing, edging, weeding,
irrigation, painting, fence repair and trash pick-up.
STREET MEDIAN
(Long Beach Boulevard, 74,646 square feet;
State Street, 170,000 square feet; Imperial
Highway, 37,740 square feet; Atlantic Avenue,
94,472 square feet; Hulme Avenue 2,160
square feet; Lilita Avenue 1,620 square feet;
Carlin Avenue 1,530 square feet; Los Flores
Avenue, 36,800 square feet; Flower Street
36,800 square feet; Bullis Road, 3,888 square
feet.) Mowing, edging, irrigation, trash pick-up
and eradicating pests.
WATER WELLS
(Six locations, 11750 square feet)
Mowing, edging, weeding and irrigation.
TREE TRIMMING
Four year cycle general tree trimming, and in-house
light tree trimming and emergency response services.
A further explanation of the proposed improvements is attached as Exhibit C and
incorporated herein by reference.
2. DIAGRAM
A diagram of the District, showing the exterior boundaries of the District, the boundaries
Engineer's Repo~
May 2, 2006
Page 3
of any zones within the District, and the lines and dimensions of each lot or parcel of
land, within the District, is attached hereto and incorporated herein by reference.
Reference is made to the Los Angeles County Assessor's Maps for fiscal year 2006-
2007 for a detailed description on the lines and dimensions of any lots or parcels within
the District.
3. ESTIMATE OF COST
Maintenance and Servicing Costs
The estimate of the water, electrical energy, operation and maintenance costs with
respect to the District (including incidental expenses) for the one-year period beginning
July 1, 2006 and ending June 30, 2007, is $1,496,141
Capital Improvement Costs
There was a considerable backlog in capital improvement projects in the District. The
public interest and safety required that these projects be constructed on an expedited
basis. The cost of such capital improvements exceeded the amount that could be
conveniently raised in a single assessment.
Pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972, the City of
Lynwood entered into an agreement whereby District received an advance of
$2,467,850 from the City of Lynwood for deposit to the improvement fund. Such
advance is to be repaid to the City through the levy and collection of annual
assessments for these improvements over a period of twenty (20) years commencing
with fiscal year 1992-93. With the 2003 bond refinancing, the annual installment is
$242,800.
A list of the previously approved projects and their status is attached to this report as
Exhibit A.
4. LANDSCAPE DISTRICT FUND BALANCE:
Attachment 1 describes the District fund balance analysis. If the District assessment
rate remains the same for FY 2006-07, the year-end balance would be a deficit of
$1,194,420.
Engineer's Report
May 2, 2006
Page 4
5. ALTERNATIVES TO FUND THE DISTRICT:
In order to balance the District budget variety of funding alternatives, which would make
the District self sufficient within three years were analyzed. I recommend that the City
Council consider implementation such alternative in the very near future.
6. Total Assessment
The total amount to be assessed with respect to the District for fiscal year 2006-2007,
consisting of the maintenance and servicing costs and the capital improvement cost
discussed above, plus the estimated deficit from fiscal year 2005-06 is as follows:
FY 2006-2007 ASSESSMENT
Maintenance and
Servicing Costs
Annual Installment
(Revenue Bonds)
Total Cost
Est. Deficit FY 2005-06
Net Amount to be
Assessed
Projected year-end deficit:
$1,496,141
242,800
$1,738,941
$524,643
$1,069,164
$1,194,420
DISTRICT DESCRIPTION AND REVENUES
There are approximately 10,083 parcels of property, with approximately 562,718 feet of
front footage within the District, excluding parcels of public property, which are not
assessed for the costs of improvements.
Engineer's Report
May 2, 2006
Page 5
DISTRICT DESCRIPTION AND COST
Total Front Footage
Assessment
Rate .Revenues
562,718 FF $1.90/FF $1,069,164
5. ASSESSMENT ROLL
In compliance with the above Landscaping and Lighting Act of 1972, copies of the
County Assessor's Map and the County Tax Collector's tax rolls were used in this
Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal
description; the County Assessor's code numbers; the assessable front footage used in
calculating the assessment against the parcels and the total net assessment levied
against the parcels for Fiscal Year 2006-2007. The assessment roll is on file in the
Office of the City Clerk and Director of Public Works, and is incorporated herein by
reference.
The foregoing Engineer's Report, which includes PLANS AND SPECIFICATIONS, the
DIAGRAM , the ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented
herewith for your approval by resolution.
Dated this 2nd day of May, 2006.
Respectfully,
G.DANIEL OJEDA, P.E.
City Engineer
City of Lynwood
Cou060421andscapeengineerreport
AGENDA STAFF REPORT
DATE:
August 1, 2006
TO:
APPROVED BY:
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manager '~
PREPARED BY:
SUBJECT:
Deborah L. Jackson, Director of Quality of Life Services~)
PROPERTY NUISANCE ABATEMENTS
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and adopt the attached
resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON
CERTAIN REAL PROPERTIES COMMONLY KNOWN AS 12021 LONG BEACH
BLVD IDENTIFIED AS ASSESSORS NO. 6168-010-042; 11298 ALAMEDA STREET
IDENTIFIED AS ASSESSORS NO. 6170-007-006; 2719 FERNWOOD AVENUE
IDENTIFIED AS ASSESSORS NO. 6170-017-005; 11141 FRANKLIN STREET
IDENTIFIED AS ASSESSORS NO. 6170-018-026; 3557 SANBORN AVENUE
IDENTIFIED AS ASSESSORS NO. 6173-012-023; 4005 JOSEPHINE STREET
IDENTIFIED AS ASSESSORS NO. 6174-009-013" with the attached document
describing the method of abatement for each property.
BACKGROUND:
Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous,
unsanitary or unsightly conditions which affect the life, limb, health, property, safety and
welfare of the general public in such a way as to constitute a nuisance.
DISCUSSION & ANALYSIS:
The properties identified in the attached resolution have become public nuisances, and
all efforts by the Code Enforcement Division to obtain compliance have been
unsuccessful. These sites are open to trespassers and present conditions that create a
safety hazard and threats to adjacent properties and residents.
The specific property owners of record were sent a Notice of Hearing to Abate informing
them of the scheduled public hearing via U.S. Postal Service Certified Mail and the
AGENDA
ITEM
"Notice of Hearing to Abate Nuisance" was posted at all of the properties pursuant to
Lynwood Municipal Code, Section 3-13.4 et al.
FISCAL IMPACT:
The confirmed cost of the abatements of the public nuisances constitutes a special
assessment against the respective lot or parcel of land to which it relates, and upon
recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a
lien on the property in the amount of the assessment. A copy of the assessment will be
transmitted to the County Tax Assessors Office where they will add the amount of the
assessment to the next regular bills of taxes levied against the property identified.
Coordinated With:
City Attorney's Office
Finance Department
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL
PROPERTIES COMMONLY KNOWN AS 12021 LONG BEACH BLVD IDENTIFIED
AS ASSESSORS NO. 6168-010-042; 11298 ALAMEDA STREET IDENTIFIED AS
ASSESSORS NO. 6170-007-006;
ASSESSORS NO. 6170-017-005;
ASSESSORS NO. 6170-018-026;
ASSESSORS NO. 6173-012-023;
ASSESSORS NO. 6174-009-013
2719 FERNWOOD AVENUE IDENTIFIED AS
11141 FRANKLIN STREET IDENTIFIED AS
3557 SANBORN AVENUE IDENTIFIED AS
4005 JOSEPHINE STREET IDENTIFIED AS
WHEREAS, Chapter 3-13 of the Lynwood Municipal Code provides for the
abatement of hazardous, unsanitary or unsightly condition which affect the life, limb,
health, property, safety and welfare of the general public in such a way as to constitute
a nuisance; and
WHEREAS, it has been brought to the attention of the City Council of the City of
Lynwood by the Director of Quality of Life Services that there exists a public nuisance
on certain parcels of land in the City of Lynwood, as set forth in the attached document
titled "Description of Public Nuisances"; and
WHEREAS, Section 3-13.5 of the Municipal Code provides that the City Council
shall hear and consider all relevant evidence, including but no limited to, testimony from
owners, City personnel, witnesses and other interested parties, and may consider staff
reports and other written evidence relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lynwood as follows:
Section 1. That by reason of dry and dying weeds, stubble, brush, litter,
rubbish, refuse, or other flammable material being located on or in front thereof, a public
nuisance exists upon the parcel of land, lots or portions of lots set forth in Exhibit "A"
which shall be made a part of this resolution.
Section 2. That said weeds and/or stubble, brush, litter, rubbish, refuse, or
other flammable material which endangers the public safety by creating a fire hazard,
constitute a public nuisance which must be abated by the removal thereof and that if the
same are not removed by the owner of the properties, the nuisance will be abated by
the City and the cost thereof assessed upon said properties and that upon confirmation,
such costs will constitute lien thereon until paid.
Section 3. The Director of Quality of Life Services is directed to cause said
notices to be posted in the time, form and manner required by law.
Section 4. Notice is hereby given that on August 1, 2006 at the hour of 5:00
p.m. in the City Hall, City Council Chambers, 11330 Bullis Road, in the City of Lynwood,
any and all persons having any objections or protests to said proposed work may
appear before said City Council and show cause why said proposed work should not be
carried out in accordance with said Act.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this
2006.
day of
A'I-I'EST:
LETICIA VASQUEZ, MAYOR
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
Approved As To Form:
Approved As To Content:
J. Arnoldo Beltran, City Attorney
Deborah L. Jackson, Director
Quality of Life Services
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Resolution was duly adopted by the City Council of the City of
Lynwood at its regular meeting held in the City Hall of said City on the .day of
August 2006, and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Resolution No. in my office and that said Resolution
was adopted on the date and by the vote therein stated.
Andrea L. Hooper, City Clerk
DESCRIPTION OF PUBLIC NUISANCES
TO BE ABATED
APN #6168-010-042
12021 LONG BEACH BOULEVARD
Scattered junk, trash and debris on front and side setbacks must be properly disposed
of; overgrown vegetation not properly cut or trimmed must be maintained on a regular
basis; property lacks weathering; paint is chipped and peeling and needs to repainted;
abandoned advertisement signs , unsightly by reason of condition i.e. deterioration,
must be repaired/replaced; property not properly secured inviting trespassing; property
must be boarded and secured. Work must be completed within seven (7) days.
APN #6170-007-006
11298 Alameda Street
Unsightly large amounts of debris from fire damage must be lawfully disposed of and
must be removed from the public right of way, such as alleys, streets and the pedestrian
right of way; dilapidated and unsafe temporary fence must be properly secured to
prevent passerby littering and dumping; property must have visible posting sings of "no
trespassing". Work must be completed within seven (7) days.
APN #6170-017-005
2719 Fernwood Avenue
Scattered trash and debris in the front and side setbacks visible to public view must be
removed and properly disposed of within seven (7) days. Dried, overgrown vegetation
not properly cut or trimmed throughout front and rear of the property must be
maintained on a regular basis; property not properly secured inviting trespassing; two
(2) abandoned vehicles on the premises must be in operable condition or removed from
the property; damaged dilapidated block wall on the front setback must be repaired.
APN #6170-018-026
11141 Franklin Street
Scattered trash and debris on the front and side setbacks visible from the public view
must be properly disposed of; dried, overgrown vegetation must be properly cut or
trimmed on a regular basis throughout front and rear of the property; property not
properly secured inviting trespassing; broken windows must be properly boarded; three
(3) abandoned and vandalized inoperable vehicles must be in operable condition,
removed or stored. All work must be completed within seven (7) days.
E XHIBIT R
APN #6173-012-023
3557 Sanborn Avenue
Property not properly secured inviting trespassing must be secured and/or boarded;
property needs painting, chipped and peeling paint; overgrown vegetation in the front
and rear of the property must be cut and trimmed regularly; junk, trans and debris
throughout property must be properly disposed of. Work must be completed within
seven (7) days.
APN #6174-009-013
4005 Josephine Street
Overgrown vegetation throughout front and rear setback of properties must be
maintained regularly; property not properly secured and must be boarded properly and
secured to prevent further trespassing, littering and dumping. Work must be completed
within seven (7) days.
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
August 1,2006
Honorable Mayor and Council Members
N. Enrique Martinez, City Manager
Hooper, City Clerl~
Andrea
L.
Albert Espinoza, Deputy City Clerk
SUBJECT:
Lynwood City Council Minutes
R~commendation: Staff recommends that the City Council approve following
minutes:
Special Meeting, June 13, 2006
Special Meeting, June 16, 2006
Special Meeting, June 19, 2006
Special Meeting, June 23, 2006
Regular Meeting, June 20, 2006
Regular Meeting, July 5, 2006
Recess Meeting, July 18, 2006
Background: N/A
Fiscal Impact: N/A
Coordinated With: N/A
AGENDA
ITEM
LYNWOOD CITY COUNCIL
SPECIAL MEETING
JUNE 13, 2006
The City Council of the City of Lynwood met in a special meeting in the Council
Chambers, 11330 Bullis Road on the above date at 4:42 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez answered the roll
call.
Also present were City Manager Martinez, City Attorney Beltran, and City Clerk Hooper.
City Treasurer Pygatt was absent
City Clerk Hooper announced that the Agenda had been duly posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATION.~
NONE
DISCUSSION ITEMS
Item #6
RESPONSES TO QUESTIONS REGARDING THE CITY MANAGER'S
BUDGET PROPOSAL FOR FISCAL YEAR 2006-2007
Marianna Marysheva, Director of Finance, reported on the City Manager's proposed
budget for Fiscal Year 2006-2007, for the City of Lynwood, the Lynwood Information
Incorporated, the Lynwood Utility Authority and the Lynwood Redevelopment Agency.
Department Heads and staff answered questions from the Council regarding their
departmental budgets. This agenda item was continued to Monday, June 19, 2006.
CLOSED SESSION
Item #7
With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
B. With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Employee Organization:
Sandra Rocha
Lynwood Management Employee Association
Lynwood Employees' Association
It was moved by Mayor Pro Tem Johnson, seconded by Council Member Pedroza,
and carried to recess to Closed Session at 6:02 p.m.
Council reconvened at 7:01 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and
with respect to the following:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
No Action was taken.
B. With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABQR NEGOTIATOR
Agency Negotiator:
Employee Organization:
No Action was taken.
Sandra Rocha
Lynwood Management Employee Association
Lynwood Employees' Association
ADJOURNMENT
Having no further discussion, it was moved by Council Member Santillan, seconded by
Mayor Pro Tern Johnson, and carried to continue the special Lynwood City Council
meeting to Monday, June 19, 2006.
Leticia Vasquez, Mayor Andrea L Hooper, City Clerk
LYNWOOD CITY COUNCIL
SPECIAL MEETING
JUNE 16, 2006
The City Council of the City of Lynwood met in a special meeting in the Council
Chambers, 11330 Bullis Road on the above date at 12:05 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Santillan, Vasquez answered the roll call.
Also present were City Clerk Hooper.
City Clerk Hooper announced that the Agenda had been duly posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
DISCUSSION ITEMS - CITY COUNCIL REQUEST,~
Item #6 COMMUNICATION AND GOAL SETTING WORKSHOP
The purpose of this item was to provide training to the City Council on communications,
to provide individualized assistance to each councilmember as needed, and to facilitate
Goal Setting Workshops. No action was taken.
ADJOURNMENT
Having no further discussion by general consent the special meeting of the City Council
continued to Friday, June 23, 2006.
Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk
LYNWOOD CITY COUNCIL
SPECIAL MEETING
JUNE 19, 2006
The City Council of the City of Lynwood met in a special meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:10 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez answered the roll
call.
Also present were City Manager Martinez, City Attorney Beltran, and City Clerk Hooper.
City Treasurer Pygatt was absent
City Clerk Hooper announced that the Agenda had been duly posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATION,~
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATION,~
NONE
DISCUSSIONITEMS
Item #6
RESPONSES TO QUESTIONS REGARDING THE CITY MANAGER'S
BUDGET PROPOSAL FOR FISCAL YEAR 2006-2007
Autra Adams, Assistant to the City Manager, introduced the proposal by the Social
Betterment Committee.
It was moved by Council Member Santillan, seconded by Council Member Byrd, to pull
$307,500 from the contingency reserve for the purposes of the social betterment
program. Staff is to pull $150,000 starting July 1, 2006 and another $150,000 in six
months.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTiLLAN, AND
VASQUEZ
NONE
NONE
NONE
Marianna Marysheva, Director of Finance, reported on the City Manager's proposed
budget for Fiscal Year 2006-2007, for the City of Lynwood, the Lynwood Information
Incorporated, the Lynwood Utility Authority and the Lynwood Redevelopment Agency.
Department Heads and staff answered questions from the Council regarding their
departmental budgets. This agenda item was continued is expected to be approved by
Council on Tuesday, June 20, 2006.
CLOSED SESSION
With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Employee Organization:
Sandra Rocha
Lynwood Management Employee Association
Lynwood Employees' Association
It was moved by Mayor Pro Tem Johnson, seconded by Council Member Pedroza,
and carried to recess to Closed Session at 6:19 p.m.
Council reconvened at 7:28 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and
with respect to the following:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
The Council reached consensus (5-0) and provided further instructions to
staff.
B. With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Sandra Rocha
Employee Organization: Lynwood Management Employee Association
Lynwood Employees' Association
The Council reached consensus (5-0) and provided further instructions to
staff.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Santillan, seconded by
Mayor Pro Tem Johnson, and carried to adjourn the special Lynwood City Council
meeting at 7:30 p.m., in memory of Shirley Bishop, Mrs. Guerra, and Mary Lee Sally.
Leticia Vasquez, Mayor
Andrea L. Hooper, City Clerk
LYNWOOD CITY COUNCIL
SPECIAL MEETING
JUNE 23, 2006
The City Council of the City of Lynwood met in a special meeting in the Council
Chambers, 11330 Bullis Road on the above date.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, and Vasquez were present.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
Item #6 COMMUNICATION AND GOAL SETTING WORKSHOP
The purpose of this item was to provide training to the City Council on communications,
to provide individualized assistance to each councilmember as needed, and to facilitate
Goal Setting Workshops. No action was taken.
ADJOURNMENT
Having no further discussion by general consent the meeting adjourned.
Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk
LYNWOOD CITY COUNCIL
REGULAR MEETING
JUNE 20, 2006
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:13 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez answered the role
call.
Aisc present were City Manager Martinez, City Attorney Beltran, and City Clerk Hooper.
City Treasurer Pygatt was absent
City Clerk Hooper announced that the Agenda had been duly posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
Peter Star commented spoke on item #18 - REQUEST FOR SPECIAL PERMIT. He's
looking forward to the fireworks program.
Irene Garcia spoke against the following items:
Item #11 WEED ABATEMENT PROGRAM ASSESSMENT LEVY 2005/2006
Item #14 SPECIAL PERMIT - FORTUNE TELLING 11211 ATLANTIC AVENUE
Item #15 SPECIAL PERMIT - YARD SALE 11916-A LONG BEACH BOULEVARD
Item #16 ZONING ORDINANCE AMENDMENT NO. 2006-03 BILLBOARDS AND
OFF-SITE OUTDOOR ADVERTISING DISPLAYS
PUBLIC ORAL COMMUNICATIONS
Frank Calderon commented on the proposed recall process.
Dan Morales informed the Council that there is a proposal to bring a Ross store in
Lynwood.
Irene Garcia requested staff to plant tree's on 2714 E. 111th and 2710 E. 111th.
Jack Keen commented on the need to have more parks and murals in the City.
Esperenza Rojel, Jaime Torres, Oscar Leon, and Frajel Rojel commented that they are
being threatened to get evicted from their mobile homes on Carlin Ave.
City Attorney Beltran stated that the City is not in a position to provide legal advice to
the tenants of the mobile homes on Carlin Ave.
Juan Martinez, ACORN, commented that the City will be held accountable for any
injustice to the tenants of the mobile home park Carlin Ave.
Aide Castro requested that Council approve #20 - Touchdown, Inc. She also
commented that the 25 year old Environmental Impact Report should have never been
approved.
Sylvia Ortiz commented on the following: On Nov 3, 2003, Mayor Leticia Vasquez
received 1,357 votes, of which 80% of the votes were from the African American
community. Recently, 41% of the recall signatures were from the African American
community. The proponents of the recall submitted 3,559 signatures. Of those
signatures 2,859 were good. The proponents fell short by 700 signatures. She said the
proponents will revisit their recall efforts in six weeks.
Lorna Hawkins commented on item #20. She is in favor of a one year Touchdown, Inc.
extension. She also commented on the following: repaving streets, peace garden, and
evil did not prevail pertaining to the recent recall efforts.
Mayor Pro Tern Johnson commented that after a recent Council meeting he noticed that
Armando Rea was following him in his car.
PUBLIC HEARING
Item #7 ZONE CHANGE NO. 2006-01
Grant Taylor, Director of Development Services, introduced Zone Change No. 2006-01.
It was moved by Council Member Pedroza, seconded by Council Member Byrd, and
carried to open the public hearing.
Ernesto Echeveria requested the Council to approve Zone Change 2006-01.
It was moved by Council Member Pedroza, seconded by Mayor Pro Tern Johnson, and
carried to close the public hearing.
After discussion, it was moved by Council Member Santillan, seconded by Mayor Pro
Tem Johnson, to waive the first reading and introduced the ordinance by title.
ORDINANCE FIRST READING ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
ZONE CHANGE NO. 2006-01 CHANGING THE ZONING DESIGNATION ON
PROPERTY LOCATED AT 3235 - 3241 FLOWER STREET FROM R-3 (MULTIPLE-
FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT)" by title
only.
City Clerk Hooper read the ordinance by title.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
BYRD
NONE
NONE
Item #8
ADOPTION OF THE FISCAL YEAR 2006-2007 BUDGET FOR THE CITY
OF LYNWOOD
Marianna Marysheva, Director of Finance, introduced the Fiscal Year 2006-2007
Budget for the City of Lynwood, Lynwood Information Inc, Lynwood Redevelopment
Agency, and Lynwood Utility Authority.
It was moved by Council Member Santillan, seconded by Council Member Byrd, and
carried to open the public hearing.
Irene Garcia requested the Council set aside money for an after school per[orming arts
program. She also requested new bus shelter and bolted down trash cans.
It was moved by Council Member Santillan, seconded by Council Member Byrd, and
carried to close the public hearing.
After discussion, it was moved by Council Member Santillan, seconded by Council
Member Pedroza, to adopt the Resolutions:
RESOLUTION NO. 2006.108 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
THE FISCAL YEAR 2006-2007 BUDGET WITH APPROPRIATE CLASSIFICATION /
POSITION CHANGES
Note: Updated copies of City Council Resolutions and Attachment "A" are available in
the City Clerks Office.
RESOLUTION NO. 2006.109 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2006-07
PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
_RESOLUTION NO. 2006.110 ENTITLED:
A RESOLUTION OF THE LYNWOOD CITY COUNCIL ADOPTING A POLICY ON
RESERVES AND CONTINGENCIES
--RESOLUTION NO. 2006.111 ENTITLED:
A RESOLUTION OF THE LYNWOOD CITY COUNCIL ADOPTING THE CITY OF
LYNWOOD'S POLICY ON BALANCED BUDGETS
RESOLUTION NO. 2006.112 ENTITLED:
A RESOLUTION OF THE LYNWOOD CITY COUNCIL ADOPTING A POLICY ON
CHARGES FOR THE CITY OF LYNWOOD'S SERVICES
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
--CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate discussion
on these items prior to voting unless members of the Council or staff request specific
items to be removed from the Consent Calendar for separate action.
It was moved by Council Member Santillan, seconded by Mayor Pro Tern
Johnson, to approve the minutes, adopt the resolutions, and receive & file staff
reports.
Item #9
MINUTES OF PREVIOUS MEETINGS:
Special Meeting - May 30, 2006
Item #10 APPROVAL OF THE WARRANT REGISTER
R~ESOLUTION NO. 2006.113 ENTITLED:
A RESOLUTION OF THE CITY COUNCIl_ OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE.
Item #11 WEED ABATEMENT PROGRAM ASSESSMENT LEVY 2005/2006
RESOLUTION NO. 2006.114 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE DIRECTOR OF QUALITY OF LIFE SERVICES REPORT, AND AUTHORIZING
THE LEVY OF ASSESSMENTS COVERING THE EXPENSE OF ABATING DRY AND
DYING WEEDS FOR THE 2005-2006 FISCAL YEAR.
Item//12 AWARD OF CONTRACT TO ABSG CONSULTING, INC.
RESOLUTION NO. 2006.115 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A CONTRACT TO ABSG CONSULTING, INC. TO PROVIDE PROFESSIONAL
SERVICES FOR THE PREPARATION OF THE WATER SYSTEM BIOTERRORISM
VULNERABILITY ASSESSMENT AND THE REVIEW AND UPDATE OF THE
EXISTING EMERGENCY RESPONSE PLAN AND AUTHORIZE THE MAYOR TO
EXECUTE THE AGREEMENT.
Item #14 SPECIAL PERMIT - FORTUNE TELLING 11211 ATLANTIC AVENUE
Deny Special Permit application to conduct fortune telling activities at the Centro
Botanico El Sol business located at 11211 Atlantic Avenue in the C-3 (Heavy
Commercial) zone.
Item #15 SPECIAL PERMIT - YARD SALE 11916-A LONG BEACH BOULEVARD
Deny Special Permit application to conduct yard sales on property located at 11916-A
Long Beach Boulevard in the C-2A (Medium Commercial) zone from June 20 to July 2,
2006.
Staff recommends that the City Council deny the Special Permit application.
Item #16
ZONING ORDINANCE AMENDMENT NO. 2006-03 BILLBOARDS AND
OFF-SITE OUTDOOR ADVERTISING DISPLAYS
ORDINANCE NO. 1582 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
ZONING ORDINANCE AMENDMENT NO. 2006-03 ADDING SUBSECTION 25.70.095
TO THE LYNWOOD MUNICIPAL CODE REGULATING BILLBOARDS AND OFF-SITE
OUTDOOR ADVERTISING DISPLAYS.
Item #17
ESTABLISHMENT OF RESIDENTIAL PERMIT PARKING DISTRICTS
(12000 BLOCK OF FIRST AVENUE AND 11300 BLOCK OF ERNESTINE
AVENUE) IN ACCORDANCE WITH SECTION 7-29 OF THE LYNWOOD
MUNICIPAL CODE
Authorize the Traffic and Parking Commission to conduct a public hearing in
accordance with the guidelines outlined in Chapter 7, Section 7-29 of the Lynwood
Municipal Code regarding the establishment of the following Residential Permit Parking
Districts:
1. 11300 Block of Ernestine Avenue (East side), bounded by Martin Luther King Jr.
Boulevard and Woodlawn Avenue.
2. 12000 Block of First Avenue, bounded by Agnes Avenue and Lavinia Avenue.
Item #18
REQUEST FOR SPECIAL PERMIT: CORTLAND AVENUE BLOCK
WATCH 4TM OF JULY EVENT
Approve the street closure for this Block Watch event with a waiver of permit fees for
the street closure. Cortland Avenue Block Watch to close a portion of Cortland Avenue,
(between Ernestine & Muriel) to conduct a Block Watch event on Tuesday, July 4, 2006
from 10:00 a.m. -7:00 p.m.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #13
TEMPORARY AGREEMENT WITH BELTRAN & MEDINA FOR LEGAL
SERVICES ON LIABILITY CASES AND REQUEST FOR PROPOSALS
FOR LEGAL SERVICES
Council Member Pedroza pulled this item for discussion. Sandra Rocha, Director of
Human Resources, introduced this item regarding Request for Proposals the City's
liabilities cases.
After discussion, it was moved by Council Member Pedroza, seconded by Council
Member Santillan, to stay with the current status quo, with the City Attorney and
Redevelopment Attorney
ROLL CALL.'.
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION ITEMS
Item #19 RECONCILIATION OF THE HAM PARK REPLACEMENT PROJECT
BUDGET
Lorry Hempe, Assistant City Manager, introduced the Ham Park Replacement Project
Budget.
After discussion, it was moved by Council Member Pedroza, seconded by Council
Member Santillan, to approve the Resolution.
RESOLUTION NO. 2006.116 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE RECONCILIATION OF THE BUDGET FOR THE HAM PARK
REPLACEMENT PROJECT WITH EXPENSES INCURRED TO DATE AT VARIANCE
FROM THE PRO FORMA BUDGET BY CONTINUING TO CHARGE FUND 15 FOR
THE HAM PARK PROJECT COSTS.
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #20 RECREATION CONSULTANT AGREEMENT
Autra Adams, Assistant to the City Manager, introduced the extension agreement to the
Recreation Consultant.
On as substitute motion, it was moved by Council Member Byrd, seconded by Council
Member Pedroza, to extend the contract with current consultant for an additional year.
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, PEDROZA
SANTILLAN, VASQUEZ
JOHNSON
NONE
Substitute motion fails.
After discussion, it was moved by Mayor Pro Tem Johnson, seconded by Council
Member Santillan, to extend the current agreement with the consultant for an additional
six months from the expiration date and require a Request for Proposals.
RESOLUTION NO. 2006.116A ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDMENT TO THE AGREEMENT WITH THE RECREATION
CONSULTANT FOR AN ADDITIONAL SIX MONTHS
AYES: COUNCIL MEMBERS JOHNSON, SANTILLAN, AND VASQUEZ
NOES: BYRD, PEDROZA
ABSTAIN: NONE
ABSENT: NONE
Item #21
DEVELOPMENT OF CITY POLICY FOR ACCEPTANCE OF GRANTS
AND GIFTS, AND DISPOSITION OF SAME
City Attorney Beltran introduced the proposed City policy for acceptance of grants and
gifts, and disposition of the same.
After discussion, this item was referred to the parks and recreation commission.
Item #22 COMMISSIONERS ORDINANCE
It was moved by Council Member Pedroza, seconded by Mayor Pro Tern Johnson, to
appoint seven (7) members to the Planning Commission.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND VASQUEZ
NOES: SANTILLAN
ABSTAIN: NONE
ABSENT: NONE
It was moved by Mayor Pro Tern Johnson, seconded by Council Member Pedroza, to
appoint five (5) members to the Women's Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Byrd, seconded by Council Member Santillan, to
appoint five (5) members to the Personnel Board.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Mayor Pro Tern Johnson, to
appoint five (5) members to the Traffic & Parking Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, to
appoint five (5) members to the Parks & Recreation Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Mayor Pro Tern Johnson, to
appoint five (5) members to the Public Safety Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Council Member Pedroza, to
appoint five (5) members to the CDBG Advisory Board
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Council Member Pedroza, to
appoint five (5) members to the Community Affairs Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Byrd, seconded by Mayor Pro Tem Johnson, to
appoint thirteen (1:3) members to the Youth Commission
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
It was moved by Council Member Santillan, seconded by Council Member Pedroza, to
appoint five (5) members to the Art in Public Places Commission
ROLLCALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
After discussion, it was moved by Council Member Pedroza, seconded by Mayor Pro
Tern Johnson, to waive the first reading and introduced the ordinance by title.
ORDINANCE FIRST READING ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING
SUBSECTIONS 2-12.2 THROUGH 2-12.6 TO THE LYNWOOD MUNICIPAL CODE
ESTABLISHING UNIFORM POLICIES AND PROCEDURES FOR APPOINTMENT
AND SERVICE ON CITY COMMISSIONS, BOARDS, AND COMMITTEES.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
City Clerk Hooper read the Ordinance by title.
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
Item #23
RATIFICATION OF CONTRACT FOR SPECIAL COUNSEL SERVICES
FOR EMPLOYMENT MATTER
City Attorney Beltran introduced this item regarding ratification of contract for special
counsel services for employment matter.
It was moved by Council Member Byrd, seconded by Mayor Pro Tern Johnson, to hire
an attorney for a maximum of 15 hours to respond to a letter from an employee.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Pedroza commented that his intentions are always to get the City's
projects done on time.
Council Member Santillan commented on the success of the Juneteenth event.
Mayor Pro Tem Johnson commented that it's important for staff to have personal
integrity when making recommendations.
CLOSED SESSION
Item #24
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 listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Negotiator:
City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this 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 immovable fixtures and
equipment, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9:
Two (2) Cases
With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Employee Organization:
Sandra Rocha
Lynwood Management Employee Association
Lynwood Employees' Association
CONFERENCE WITH LEGAL COUNSEL REGARDING - EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a)
Name of Case:
Compton Community College District v. City of
Lynwood, et al. Los Angeles Superior Court
Case Number BC352638
With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
PUBLIC EMPLOYEE APPOINTMENT
1. Assistant City Manager- Finance
It was moved by Mayor Pro Tem Johnson, seconded by Council Member Pedroza,
and carried to recess to Closed Session at 8:55 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=
4
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties:
City Negotiator:
See listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating:
Under Negotiation:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Price and terms of payment - Seeking authority to
make offer to Seller's for acquisition of property and,
where appropriate, value of immovable fixtures and
equipment, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
This item was not discussed.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9:
Two (1) Cases
This item was not discussed.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
This item was not discussed.
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Sandra Rocha
Employee Organization: Lynwood Management Employee Association
Lynwood Employees' Association
This item was not discussed.
CONFERENCE WITH LEGAL COUNSEL REGARDING - EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a)
Name of Case:
Compton Community College District v. City of
Lynwood, et al. Los Angeles Superior Court
Case Number BC352638
All council members in agreement (concensus)
in providing further instructions to staff
regarding the disposition of this matter.
F. PUBLIC EMPLOYEE APPOINTMENT
1. Assistant City Manager- Finance
Further instructions given to staff.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Byrd, seconded by
Council Member Santillan, and carried to adjourn the regular Lynwood City Council
meeting at 10:05 p.m.
Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk
LYNWOOD CITY COUNCIL
REGULAR MEETING
JULY 5, 2006
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:16 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez answered the roll
call.
Also present were City Manager Martinez, City Attorney Beltran, and City Clerk Hooper.
City Treasurer Pygatt was absent
City Clerk Hooper announced that the Agenda had been duly posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
Irene Garcia spoke on item #7 - MINUTES OF PREVIOUS MEETINGS. She clarified a
previous statement that she meant sand blasters pertaining to cleaning graffiti.
PUBLIC ORAL COMMUNICATIONS
Sylvia Ortiz commented she does not support an increase in travel funds for the Council
Members. She also commented on the following: trash, water, and parking fees
increases; Council Members should only get paid for meetings they attend; and Council
has not reached out to the community regarding the recent murders in the City
Paulette Bradley commented on the following: posting of trolley schedule; repairing
alleys schedule; seniors pool hours schedule.
Rod White commented on the water rate increases by Park Water Company and City of
Lynwood. He does not support the City's proposed water fee increase schedule.
Pearline Calderon commented on the following: water rate increases, City Council pay,
and cruising problems.
CONSENTCALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate discussion
on these items prior to voting unless members of the Council or staff request specific
items to be removed from the Consent Calendar for separate action.
City Manager pulled item #13 -AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO APPROVE THE ISSUANCE OF DISBURSEMENTS NOT TO EXCEED
$75,000 PURSUANT TO THE HOME PROGRAM GUIDELINES.
It was moved by Council Member Santillan, seconded by Council Member Pedroza, to
approve the minutes, adopt the Resolutions, and receive & file staff reports.
Item #7
MINUTES OF PREVIOUS MEETINGS:
· Regular Meeting - June 6, 2006
Item #8 APPROVAL OF THE WARRANT REGISTERS
RESOLUTION NO. 2006.117 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE.
RESOLUTION NO. 2006.117A ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE.
Item #9
LONG BEACH BOULEVARD SPECIFIC PLAN BUDGET AMENDMENT
REQUEST
RESOLUTION NO. 2006.118 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN AMENDMENT TO THE CONTRACT FOR THE LONG BEACH BOULEVARD
SPECIFIC PLAN FOR ADDITIONAL SERVICES IN THE AMOUNT NOT TO EXCEED
$23,086.29 AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT
AMENDMENT.
Item #10
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH
THE LYNWOOD MANAGEMENT BARGAINING GROUP
RESOLUTION NO. 2006.119 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD
AND THE LYNWOOD MANAGEMENT BARGAINING GROUP ARTICLE V.
SALARIES/WAGES.
Item #11 SELECTION OF AN AUTOMATED DIGITAL MAILING MACHINE
RESOLUTION NO. 2006.120 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PITNEY BOWES
FOR THE PURCHASE OF A NEW AUTOMATED DIGITAL MAILING MACHINE.
Item #12
REQUEST FOR PROPOSALS FOR THE ROUTE STUDY OF THE
LYNWOOD TROLLEY BUS SYSTEM
RESOLUTION NO. 2006.121 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO RELEASE A REQUEST FOR PROPOSALS FOR THE
ROUTE STUDY FOR THE LYNWOOD TROLLEY BUS SYSTEM.
Item #14 WEED ABATEMENT PROGRAM FOR FY 2006-07
RESOLUTION NO. 2006.122 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
ITS INTENTION TO ABATE DRY AND DYING WEEDS ON CERTAIN PARCELS OF
LAND IN THE CITY OF LYNWOOD FOR FISCAL YEAR 2006-2007.
Item #15 SECOND READING OF ORDINANCE - ZONE CHANGE NO. 2006.01
ORDINANCE NO. 1583 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
ZONE CHANGE NO. 2006-01 CHANGING THE ZONING DESIGNATION ON
PROPERTY LOCATED AT 3235-3241 FLOWER STREET FROM R-3 (MULTIPLE-
FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT).
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERSBYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
Item #13
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPROVE THE ISSUANCE OF DISBURSEMENTS NOT TO EXCEED
$75,000 PURSUANT TO THE HOME PROGRAM GUIDELINES
This item was pulled by the City Manager Martinez. Bill Rawlings, Director of
Redevelopment, introduced this item regarding authorization of the City Manager or his
designee to approve disbursements not to exceed $75,000.
After discussion, it was moved by Council Member Santillan, seconded by Mayor Pro
Tern Johnson, to approve the Resolution.
RESOLUTION NO. 2006.123 ENTITLED:
A RESOLUTION OF THE CITY COUNCI'i' OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE
DISBURSEMENTS NOT TO EXCEED $75,000, PURSUANT TO THE HOME
PROGRAM GUIDELINES.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION ITEMS
Item #16 SECOND READING OF ORDINANCE - COMMISSIONERS
ORDINANCE
City Clerk Hooper reported on the second reading of ordinance regarding
commissioners. Direction was given to the City Clerk to send out letters to all
Commissioners asking them to re-apply. This item is come back on the first meeting in
September. The Marketing & Grants Department is to prepare a press release
regarding openings of City Commissioners positions.
After discussion, it was moved by Council Member Byrd, seconded by member
Santillan, to adopt the Ordinance.
ORDINANCE NO. 1584 ENTITLED:
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF LYNWOOD ADDING
SUBSECTIONS 2-12.2 THROUGH 2-12.6 TO THE LYNWOOD MUNICIPAL CODE
ESTABLISHING UNIFORM POLICIES AND PROCEDURES FOR APPOINTMENT
AND SERVICE ON CITY COMMISSIONS, BOARDS, AND COMMITTEES.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
Item #17 CHANGES AND CLARIFICATION OF TRAINING, CONFERENCE AND
MEETING POLICY AND FUNDING LIMITS CONCERNING ACTIVITIES
THERE UNDER
City Attorney Beltran introduced this item regarding changes and clarification of training,
conferences and meeting policy and funding limits.
After discussion, it was moved by Mayor Pro Tem Johnson, seconded by Council
Member Pedroza, to adopt the Resolution.
RESOLUTION NO. 2006.124 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA
CLARIFYING FUNDING LIMITS FOR EXPENSES UNDER THE CITY'S TRAINING,
CONFERENCE AND MEETING POLICY (RESOLUTION NO. 2004-017) AS THE
SAME APPLY TO MEETINGS AND EVENTS AND DISTINGUISHING
CONFERENCES AND RELATED ACTIVITIES AS NON-REMUNERATED FUNCTIONS
ROLL CALL:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERSBYRD, JOHNSON, PEDROZA
SANTILLANANDVASQUEZ
NONE
NONE
Item #18 ANNUAL CITY COUNCIL MEETING RECESS
Autra Adams, Assistant to the City Manager, introduced the annual City Council
meeting recess.
The Council agreed that there will be no meeting on July 18, 2006.
The Council agreed to refer this item to a committee.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Pedroza commented he heard about a Supreme Court ruling that
City's and Redevelopment Agencies can no longer take private properties for
redevelopment purposes. He said this ruling will hurt the City of Lynwood.
Council Member Byrd commented on the successful 4th of July celebration he attended.
Mayor Pro Tern Johnson commented on the successful 4th of July celebration he
attended with Council Member Byrd.
CLOSED SESSION
Item #19
With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
A. PUBLIC EMPLOYEE APPOINTMENT
1. Assistant City Manager - Finance
With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9:
Six (6) Cases
With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties:
City Negotiator:
See listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating:
Under Negotiation:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Price and terms of payment - Seeking authority to
make offer to Seller's for acquisition of property and,
where appropriate, value of immovable fixtures and
equipment, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(subdivision (a) of section 54956.9:)
1. Name of Case: Bulletin Displays v. City of Lynwood
Case No. BC340572
With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Sandra Rocha
Employee Organization: Lynwood Management Employee Association
Lynwood E ' - -
mployees Assoc~abon
It was moved by Council Member Santillan, seconded by Council Member
Pedroza, and carried to recess to Closed Session at 7:47 p.m.
Council reconvened at 9:27 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and
with respect to the following:
A. PUBLIC EMPLOYEE APPOINTMENT
1. Assistant City Manager - Finance
The Council reached consensus (4-0-1, Johnson absent) and provided
further instructions to staff regarding the beginning of the recruitment
process.
With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9:
Six (6) Cases
City Attorney Beltran reported that 5 out 6 anticipated litigation items were
discussed. The Council reached consensus (3-0-2, Pedroza and Johnson
absent) and provided further instructions to staff.
With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties: See listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Negotiator: City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this 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 immovable fixtures and
equipment, provision of appropriate relocation
benefits and compensation for potential loss of
goodwill to parties legally entitled thereto.
The Council reached consensus (3-0-2, Pedroza and
Johnson absent) and provided further instructions to
staff regarding the possible disposition of the matter.
With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(subdivision (a) of section 54956.9:)
1. Name of Case: Bulletin Displays v. City of Lynwood
Case No. BC340572
No action taken.
With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator:
Sandra Rocha
Employee Organization: Lynwood Management Employee Association
Lynwood Employees' Association
No action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Santillan, seconded by
Council Member Byrd, and carried to adjourn the regular Lynwood City Council meeting
at 9:29 p.m.
Leticia Vasquez, Mayor
Andrea L. Hooper, City Clerk
LYNWOOD CITY COUNCIL
REGULAR MEETING
JULY 18, 2006
The City Council of the City of Lynwood at its regular meeting of July 5, 2006, by
general consent approved the recess of their July 18, 2006 meeting. The next regular
Council meeting will be held on August 1,2006.
Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
August 1,2006
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manager ~ ~
Marianna Marysheva, Assistant City Manager-Finance
Tamu Ledbetter, Accounting Technician
Approval of the Warrant Registers
Recommendation:
Staff respectfully recommends that the Lynwood
warrant registers for F.Y. 2005-06 and F.Y. 2006-07.
City Council approve the
..................... Attached Warrant Registers dated August 1, 2006 ....................
AGENDA
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DATE:
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APPROVED BY:
PREPARED BY:
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Recommendation:
AGENDA STAFF REPORT
August 1, 2006
HONORABLE MAYOR AND CITY COUNCIL
N. Enrique Martinez, City Manager ~
Lorry Hempe, Assistant City Manage~MEMBERS
ACQUISITION OF REDEVELOPMENT AGENCY PARCEL
NUMBERS 6189-019-900; 6189-019-901; AND 6189-019_
902 FOR THE HAM PARK REPLACEMENT PROJECT
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS
TO EFFECTUATE THE PUR
ANGELES COU CHASE OF p
Background:
In September 2003, the City, the Lynwood Unified School District and the County
of Los Angeles entered into a three-party agreement to sell the former Ham Park
to the School District. In December 2004, the City received $35,938,314 to
replace the former Ham Park at an alternate location in the City. The City
decided to build the park along Atlantic Avenue south of 1-105 Freeway.
The Lynwood Redevelopment Agency (LRA) owns three (3) parcels located
within the project site. These parcels, Parcel Numbers 6169-019-900; 6189-019.
between Atlantic ^___ phme Parcels ,
,',vunue and Pope Avenue)
901 and 6189-019-902 ("Jose ' ' "are located along Josephine Street
suited to the development of the replacement of Ham Park because of its
proximity to the project The Josephine Parcels are ideally
with L ' site. The Josephine Parcels were originally purchased
RA s Low and Moderate Housing Set Aside funds.
-AGENDA
ITEM
On June 20, 2006, the City Council adopted a resolution authorizing the
reconciliation of the budget of the Ham Park Replacement Project with expenses
incurred to date at variance from the pro forma budget by continuing to charge
Fund 15 for the Ham Park project costs and deferring payment to LRA for the
Josephine Parcels.
Discussion and Analysis:
Based on preliminary discussions with the LRA, conveyance of the Josephine
Pamels to the City for the park replacement project is restricted because the
pamels were originally purchased with Low and Moderate Housing Set Aside
funds. To ensure good faith conformance with the intent of the use of
Redevelopment's Low and Moderate Income Housing Set Aside funds the City is
compelled to pumhase the Josephine Pamels or to provide comparable pamels
to LRA to ensure that LRA has the ability to increase, improve and preserve
Lynwood's Iow or moderate income housing.
LRA has established a selling price of $911,790 for the City to purchase the
Josephine Parcels. If the City elects to defer payment to LRA, instead of
purchasing the properties outright, LRA proposes the following terms in the
conveyance of these parcels to the City:
· Provide a Note amortized over 30 years with a five (5) percent
compounded interest rate with a balloon payment at the sixth year
following August 1,2006;
· Allow the City to locate suitable and comparable parcels to exchange
with the Josephine Parcels within eighteen (18) months from the
execution of the Agreement;
· Require interest to accrue and defer payment of the accrued interest
and principal for the first twelve (12) months;
· Require payments of the accumulated deferred interest;
· Require payments of interest and principal after eighteen (18) months;
and
· Require the City to indemnify LRA from any claims and judgments in
connection with the transfer of the Josephine Parcels.
The structure of payments pursuant to the Agreement and Promissory Notes
would bring the cost for the purchase of the Josephine Parcels to $1,189,251 if
the City decides to defer payments instead of providing payment for the parcels
at time of possession. The deferment of payment strategy would lessen the
immediate impact on Fund 15 this fiscal year. The City would still be obligated to
pay for the purchase of the Josephine Parcels in the future.
Staff continues to work with Legislative Advocacy Group, Inc., the City's State
Lobbyist, to secure funding from the State Allocation Board. On July 31, 2006,
Legislative Advocacy Group, Inc. will provide the City Council with an oral update
2
on their activities to seek funding from the State Allocation Board to assist the
City in recoverring expenditures incurred on Ham Park and to pay for anticipated
expenditures.
Fiscal Impact:
The fiscal impact associated with the purchase of the Josephine Parcels is
$1,189,251 if the City elects to defer payment and enter into an agreement with
LRA. The cost will be deferred to future years.
Coordinated With:
Development Services
City Attorney's Office
Finance & Administrative Services
3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE ALL
NECESSARY DOCUMENTS TO EFFECTUATE THE PURCHASE
OF PARCELS IDENTIFIED BY LOS ANGELES COUNTY
RECORDERS OFFICE AS PARCEL NUMBERS 6189-019-900;
6189-019-901 AND 6189-019-902 FROM THE LYNWOOD
REDEVELOPMENT AGENCY TO THE CITY OF LYNWOOD FOR
THE DEVELOPMENT OF HAM PARK
WHEREAS, the City determined that it is in the vital and best interest of
the City to acquire Parcels Numbers 6189-019-900; 6189-019-901; and 6189-
019-902, ("hereinafter collectively referred to as Josephine Parcels") to be used
in connection with the development and creation of the proposed new Ham Park;
and
WHEREAS, the City and the Agency have determined i) that the location
of the Josephine Parcels and, in particular, their proximity to the proposed new
Ham Park makes the Josephine Parcels ideally suited for use in connection with
the creation and development of the new Ham Park; ii) that using the Josephine
Parcels for park land will eliminate blight in the City of Lynwood and promote the
health and well-being of the residents of the City of Lynwood; and iii) the
Josephine Parcels are the most practical, feasible and available unimproved
vacant land in the City of Lynwood to use to complement the creation and
development the proposed new Ham Park; and
WHEREAS, the City has proposed to the Agency that the Agency
convey and transfer the Josephine Parcels to the City for use in connection with
the creation and development of the new Ham Park in exchange for the City's
agreement, promise and commitment to convey and transfer to the Agency one
or more comparable replacement properties located in the City that are suitable
for increasing, improving and/or preserving the City's supply of Iow and moderate
income housing to the same extent, degree and number of units that the
Josephine Parcels could have provided such housing or pay the amount of $27
per square foot; and
WHEREAS, an appraisal of adjacent vacant property owned by the City
indicated a value of approximately $27 per square foot.
NOW, THEREFORE the City Council of the City of Lynwood does hereby
find, determine, order and resolve as follows:
4
Section 1: That the acquisition of Parcel Numbers 6189-019-900,
6189-019-901; and 6189-019-902 is approved for the development and
construction of the replacement of Ham Park.
Section 2: That the Mayor is authorized to execute all necessary
documents to effectuate the purchase of parcels identified by Los Angeles
Records Office as Parcel Numbers 6189-019-900; 6189-019-901 and 6189-019-
902 from the Lynwood Redevelopment Agency to the City of Lynwood for the
development of the replacement of Ham Park.
Section 3:
this resolution.
The City Clerk shall certify to the passage and adoption of
PASSED, APPROVED and ADOPTED this 1st day of August 2006.
ATTEST:
LETICIA VASQUEZ, MAYOR
ANDREA L. HOOPER
CITY CLERK
N. ENRIQUE MARTINEZ
CITY MANAGER
APPROVED AS TO FORM:
J. ARNOLDO BELTRAN
CITYA~ORNEY
LORRY HEMPE
ASSISTANTCITY MANAGER
REAL ESTATE EXCHANGE AGREEMENT
BY AND BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD
REDEVELOPMENT AGENCY
This Agreement (hereinafter referred to as "Agreement") is made and entered into
as of August 1, 2006, by and between the City of Lynwood (hereinafter referred to as the
"City"), a California General Law municipality and the Lynwood Redevelopment
Agency (hereinafter referred to as the "Agency"), a public body, corporate and politic
exercising governmental functions and powers and organized and existing under the California
Community Redevelopment Law, as amended from time to time (Health and Safety Code
Sections 33000, et seq.) for the purposes of setting forth the understanding of the parties
hereto with respect to the transaction contemplated by this Agreement.
RECITALS
Whereas, on or about May 20, 1991 the Agency acquired real property in the City of
Lynwood, California described in the Los Angeles County Recorder's Office as Parcel
Number 6189-019-900 (hereinafter referred to as Parcel "900") for the purpose of
increasing improving and/or preserving the City of Lynwood's supply of low and
moderate income housing in accordance with Section 33334.2 of the California Health
and Safety Code; and
Whereas, on August 5, 2003 the Agency acquired two adjacent real properties in the City
of Lynwood, California described in the Los Angeles County Recorder's Office as Parcel
Number 6189-019-901 (hereinafter referred to as Parcel "901") and Parcel Number6189-
019-902 (hereinafter referred to as Parcel "902") for the purpose of increasing improving
and/or preserving the City of Lynwood's supply of low and moderate income housing in
accordance with Section 33334.2 of the California Health and Safety Code (Parcels 900,
901, and 902 are hereinafter collectively referred to as the "Josephine Parcels"); and
Whereas the City determined that it was in the vital and best interest of the City and the
Citizens thereof to acquire the Josephine Parcels to be used in connection with the
development and creation of the proposed new Ham Park in the City of Lynwood; and
Whereas, the City and the Agency have determined i) that the location of the Josephine
Parcels and, in particular, their proximity to the proposed new Ham Park makes the
Josephine Parcels ideally suited for use in connection with the creation and development
of the new Ham Park; ii) that using the Josephine Parcels for park land will eliminate
blight in the City of Lynwood and promote the health and well-being of the citizens of
the City of Lynwood; and iii) the Josephine Parcels are the most practical, feasible and
available unimproved vacant land in the City of Lynwood to use to complement the
creation and development the proposed new Ham Park; and
Whereas, the City has proposed to the Agency that the Agency convey and transfer the
Josephine Parcels to the City for use in connection with the creation and development of
the new Ham Park in exchange for the City's agreement, promise and commitment to
convey and transfer to the Agency on or before February 1, 2008 one or more comparable
replacement properties (hereinafter referred to as "Replacement Parcels") located in the
City of Lynwood that are suitable for increasing, improving and/or preserving the City of
Lynwood's supply of low and moderate income housing to the same extent, degree and
number of units that the Josephine Parcels could have provided such housing or,
alternatively, the City and Agency acknowledge that the City may, in place and instead of
transferring Replacement Parcels to the Agency, elect to pay compensation to the Agency
for the Josephine Parcels pursuant to Section 3 of this Agreement; and
Whereas, the Agency acknowledges that it will use said Replacement Parcels for the
purpose of increasing, improving and/or preserving the City of Lynwood's supply of low
and moderate income housing in accordance with the provisions of the California
Community Redevelopment Law; and
Whereas, a recent independent appraisal of unimproved real property located in close
proximity to the Josephine Parcels establishes that a fair and reasonable value of the
Josephine Parcels is approximately $27 per square foot; and
Whereas, Parcel 900 is unimproved real property consisting of approximately 12,310
square feet and Parcel 901 is unimproved real property consisting of approximately
10,660 square feet and Parcel 902 is unimproved real property consisting of
approximately 10,800 square feet; and
Whereas, the streets adjacent (Virginia & Josephine) to Parcel 900, 901 and 902 have
not been vacated as of August 1, 2006 and are not scheduled to be vacated until after the
Ham Park is created and after Replacement Parcels may be transferred to the Agency;
and
Whereas, upon and subject to the terms and conditions set forth in this Agreement, and
in consideration of the mutual promises and covenants contained in this Agreement and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Agency hereby agree as follows:
1. AGREEMENT TO CONVEY AND TRANSFER JOSEPHINE PARCELS.
Within thirty (30) days after the execution of this Agreement by both parties and subject
to all of the terms and conditions of this Agreement, the Agency hereby agrees to convey
and transfer a fee simple title in and to the Josephine Parcels to the City and the City
agrees to accept title to the Josephine Parcels upon the terms and conditions set forth
herein.
2. AGREEMENT TO CONVEY AND TRANSFER REPLACEMENT PARCELS.
2.1 Subject to all of the terms and conditions of this Agreement and on or before
February 1, 2008, the City agrees to convey and transfer a fee simple title to the Agency
to one or more parcels of real property located in the City of Lynwood, County of Los
Angeles that are adequate and sufficient to completely fulfill the City's obligation to
provide Replacement Parcels that are suitable for the creation and development of low
and moderate income housing in accordance with the provisions of the California
Community Redevelopment Law.
2.2 Commencing upon the execution of this Agreement and continuing until February 1,
2008, the City shall use its best efforts to locate suitable Replacement Parcels. During
the applicable term of this Agreement whenever the City determines that it has identified
one or more suitable Replacement Parcels it shall provide written notice (hereinafter
referred to as "Replacement Notice") to the Agency of such determination within 10
days thereafter. Within 10 days after receipt of the Replacement Notice, the Agency shall
provide written notice (hereinafter referred to as "Agency Response") to the City as to
whether or not such Replacement Parcels are acceptable or unacceptable (in whole or in
part) to the Agency to fulfill the City's obligation to provide Replacement Parcels. The
Agency Response to the City shall also specify whether or not, and to what extent, if any,
such Replacement Parcels, combined with any previously accepted Replacement Parcels,
are sufficient to completely fulfill the City's obligation for Replacement Parcels
hereunder or whether or not additional parcels are necessary. The Agency's
determination as to whether or not the Replacement Parcels are sufficient to completely
fulfill the City's obligation under this Agreement shall be conclusive. If the Replacement
Parcels identified in any given Replacement Notice to the Agency am acceptable to the
Agency, the City shall promptly convey and transfer a fee simple title to said
Replacement Parcels to the Agency at the earliest practical and reasonable time.
2.3 The City and Agency hereby agree that in the event the Agency determines, in its
sole discretion, that the Replacement Parcels are not suitable (in whole or in part) for the
purpose of increasing improving and/or preserving the City of Lynwood's supply of low
and moderate income housing the Agency may, in its sole discretion, reject acceptance of
the Replacement Parcels (in whole or in part) and, instead elect to receive payment (in
whole or in part) from the City for the Josephine Parcels as provided in Section 3
(Payment Option) hereof. The Agency shall provide written notice to the City of its
rejection of the proposed Replacement Parcels and its election to proceed under the
Payment Option. The Agency hereby reserves the right to accept one or more
Replacement Parcels and to demand payment of money (in whole or in part) to
compensate it in the event that the Replacement Parcels accepted do not totally satisfy the
City's obligation hereunder to provide adequate and sufficient Replacement Parcels.
3. PAYMENT OPTION AND SECURED PROMISSORY NOTE.
3.1 On or before February 1, 2008, the parties hereto agree that in the event the Agency,
in its sole discretion, determines that the proposed Replacement Parcels are not adequate
and/or sufficient to replace the Josephine Parcels (in whole or in part) and/or otherwise
determines that the proposed Replacement Parcels are not fit for the purpose of
increasing, improving and/or preserving the City of Lynwood's supply of low and
moderate income housing, the Agency has the right to reject said Replacement Parcels.
After February 1, 2008, the Agency has the right to reject any proposed Replacement
Parcels, in whole or in part, and instead, demand payment for the Josephine Pamels, in
whole or in part in accordance with the provisions of Section 3.2 hereof.
3.2 The City hereby agrees that in the event of rejection of the Replacement Parcels
by the Agency the City shall pay the sum of Nine Hundred Eleven Thousand Seven
Hundred and Ninety Dollars ($911,790.00) plus 5% simple interest accruing from August
1, 2006 to the Agency, representing payment in full for the Josephine Parcels. The City
and the Agency agree that the City's payment to the Agency shall be upon the terms and
conditions set forth in the Promissory Note attached hereto as Exhibit I and incorporated
herein by this reference. Concurrently with the execution of this Agreement, the City
agrees to execute the Promissory Note attached hereto as Exhibit 1. As security for said
Promissory Note, concurrently with the execution of this Agreement, City agrees to
execute a deeds of trust in favor of the Agency against the Josephine Parcel. Said deeds
of trust shall be in the form as attached hereto as Exhibit 2 and incorporated herein by
this reference
3.3 During the first 12 months (commencing August 1, 2006 and ending July 31,
2007) of the Promissory Note, the City shall not be required to make any payments to the
Agency. However, during said first 12 months the outstanding balance of Nine Hundred
Eleven Thousand Seven Hundred and Ninety Dollars ($911,790.00) shall accrue 5%
simple interest in favor of the Agency. The City and Agency hereby agree that said
accrued interest shall be added to the principal balance of the Promissory Note.
Commencing with the 13th month (August 1, 2007) of the Promissory Note, the
outstanding balance of the Promissory Note shall be increased by $45,589.50, i.e., from
$911,790.00 to $957,379.50, representing the first 12 months of accrued interest.
Commencing with said 13th month (August 1, 2007) and continuing until the 18th month
(January 31, 2008) of the Promissory Note, the City agrees to make interest only monthly
payments to the Agency of 5% simple interest on the outstanding balance of $957,379.50
payable in monthly installments of $3,989.08 due and payable on the first day of each
month. Thereafter, commencing on the 19th inonth (February 1, 2008) of the Promissory
Note, the City agrees to make monthly principal and interest payments to the Agency
based on a 30 year 5% interest compounded monthly fully amortized loan with a
beginning principal balance of $957,379.50. Said monthly payments shall be in the
amount $5,139.42 and shall be payable on the first day of every month commencing
February 1, 2008 and continuing to August 1, 2012 at which time the entire principal
balance and all accrued interest on the Promissory Note shall be due and payable by the
City to the Agency. Notwithstanding the use of said 30 year amortization methodology
to compute the monthly payments, the entire principal balance and all accrued interest
shall be due and payable on August 1, 2012. The City shall be entitled to credit or setoff
against its obligations under the Promissory Note in the amount of the value of any
Replacement Parcels that were accepted by the Agency. The value of any Replacement
4
Parcels and the amount of such credit or setoff shall be determined by the Agency in its
sole discretion.
3.4 The Agency agrees to use payments made by the City pursuant to said Promissory
Note for the purpose of increasing, improving and/or preserving the City of Lynwood's
supply of low and moderate income housing. Upon payment in full to the Agency as
required in this Agreement, this Agreement shall terminate and the Agency agrees to
deliver to the trustee under the deeds of trust a request for full reconveyance.
4. DEED OF CONVEYANCE
The Agency agrees to convey and transfer the Josephine Parcels to the City in the form of
a grant deed. Attached hereto as Exhibit 3 and incorporated herein by this reference is a
true and correct copy of the form of grant deeds to be used for said transfer and
conveyance.
5. CONDITION OF JOSEPHINE PARCELS ("AS-IS")
Except for the warranties in the Deed, the Agency shall convey and transfer the Josephine
Parcels to the City in its present "AS-IS" condition, without any warranties, expressed or
implied.
6. DUE DILIGENCE.
The parties hereto acknowledge and agree that the Agency initially acquired the
Josephine Parcels for the purpose of increasing, improving and/or preserving the City of
L
ynwood s supply of low and moderate income housing. The parties hereto further
acknowledge and agree that the City's need for the Josephine Parcels for the proposed
new Ham Park project is caused and necessitated by the loss of the original Ham Park
because of the need for the construction of new schools by the Lynwood Unified School
District. The parties further acknowledge and agree that the City of Lynwood is in need
of more low and moderate income housing. Therefore, the City agrees that commencing
with the execution of this Agreement and continuing until its termination the City shall
use its best efforts to locate and find suitable Replacement Parcels to implement the
purposes of this Agreement. Notwithstanding the foregoing, the City shall not be
obligated to purchase or acquire new and/or different properties that it does not already
own, possess and/or control. Throughout the term of this agreement, the City shall use its
best efforts to keep the Agency apprised of the status and progress of its efforts to locate
Replacement Parcels.
7. CITY'S AUTHORITY; VALIDITY OF AGREEMENT.
The City represents that it has full right, power and authority to acquire and accept the
Josephine Parcels from the Agency as provided in this Agreement and to carry out its
5
obligations hereunder. The City further represents that the individual(s) executing this
Agreement and the instruments referenced herein on behalf of the City legally bind the
City to the terms hereof. This Agreement is and all other documents and instruments to
be executed and delivered by the City in connection with this Agreement shall be duly
authorized, executed and delivered by the City and shall be valid, binding and
enforceable obligations of the City.
8. INDEMNIFICATION.
The City hereby agrees to indemnify, defend and hold the Agency harmless from and
against any claims, demands, obligations, losses, costs, damages, liabilities, judgments or
expenses (including reasonable attorneys' fees, charges and disbursements) arising out of
or in connection with claims against the Agency pertaining to its authority and/or right to
!ransfer the Josephine Parcels to the City or pertaining to the Agency's use or alleged
improper use of the funds originally used by the Agency to acquire the Josephine Parcels.
9. NON-DISCRIMINATION
The City shall refrain from restricting the rental, sale or lease of the Josephine Parcels, or
any portion thereof, on the basis of race, color, religion, sex, marital status, age, ancestry
or national origin of any person. All deeds, leases, or contracts shall contain and be
subject to substantially the following non-discrimination or non- segregation clauses:
9.1. In Deeds: g. The guarantee herein covenants by and for itself, its heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there
shall be no discrimination against, or segregation of, any person or group of persons on
account of race, color, religion, sex, marital status, age, ancestry or national origin in the
sale, lease, sublease, transfer, use, occupancy, tenure, employment of the land herein
conveyed, nor shall the grantee itself or any person claiming under or through the grantee
establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, sub
tenants, sub lessees, or vendees in the land herein conveyed. The foregoing covenants
shall mn with the land."
9.2. In Leases: "The lessee herein covenants by and for itself, its heirs, executors,
administrators and assigns, and all persons claiming under or through them, and this lease
is made and accepted upon and subject to the following conditions: that there shall be no
discrimination against, or segregation of, any person or group of persons on account of
race, color, religion, sex, marital status, age, ancestry, or national origin in the leasing,
subleasing, transferring, use or enjoyment of the land herein leased; nor shall the lessee
itself or any person claiming under or through the lessee establish or permit any such
practice or practices with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sub lessees or vendees in the land herein leased."
9.3. In Contracts: "There shall be no discrimination against, or segregation of, any
person or group of persons on account of race, color, religion, sex, marital status, age,
6
ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee itself or any person claiming under or
through lessee establish or permit any such practice or practices with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees
or vendees in the land herein leased."
10. GOVERNING LAW.
This Agreement and the legal relations between the parties hereto shall be governed by
and construed and enforced in accordance with the laws of the State of California.
11. ENTIRE AGREEMENT; MODIFICATIONS; WAIVER.
11.1 Entire Agreement. This Agreement, including the exhibits attached hereto,
constitutes the entire Agreement between the parties hereto pertaining to the subject
matter hereof and supersedes all prior agreements, understandings, letters of intent,
negotiations and discussions, whether oral or written, of the parties, and there are no
warranties, representations or other agreements, express or implied, made to
either party by the other party in connection with the subject matter hereof except as
specifically set forth herein or in the documents delivered pursuant hereto or in
connection herewith.
11.2 Modification. No supplement, modification, amendment, waiver or termination of
this Agreement shall be binding unless executed in writing by the parties to be bound
thereby. No waiver of any provision of this Agreement shall be deemed or shall
constitute a waiver of any other provision hereof (whether or not similar), nor shall such
waiver constitute a continuing waiver unless otherwise expressly provided.
12. NOTICES.
All notices, consents, requests, reports, demands or other communications hereunder
(collectively, "Notices") shall be in writing and may be given by personal delivery which
shall be deemed given when received as follows:
To City:
City Manager
City of Lynwood
11330 Bullis Rd.
Lynwood, CA 90262
To Agency:
Executive Director
Lynwood Redevelopment Agency
11330 Bullis Rd.
Lynwood, CA 90262
13. SEVERABILITY.
7
Any provision or part of this Agreement which is determined to be invalid or
unenforceable in any situation or in anyjurisdiction shall, as to such situation and such
jurisdiction, be ineffective only to the extent of such invalidity and shall not affect the
enforceability of the remaining provisions hereof or the validity or enforceability of any
such provision in any other situation or in any other jurisdiction.
14. HEADINGS.
The section headings of this Agreement are for convenience of reference only and shall
not be deemed to modify, explain, restrict, alter or affect the meaning or interpretation of
anY provision hereof.
15. TIME OF THE ESSENCE.
Time shall be of the essence with respect to all matters contemplated by this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first above written.
CITY OF LYNVVOOD
LYNWOOD REDEVELOPMENT AGENCY
By City Manager
APPROVED AS TO FORM:
By Executive Director
APPROVED AS TO FORM:
City Attorney By: _
Agency Counsel
PROMISSORY NOTE FOR PARCEL NUMBER 6189-019-900~ 6189-019-901,
AND 6189-019-902 SECURED BY A DEED OF TRUST
1. Principal.
For value received, City of Lynwood (/~City~), promises to pay to the order of THE
LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic (.zX~Agency~),
11330 Bullis Road, Lynwood, California 90262, or at such other place as the Agency may from
time to time designate in writing, the principal sum of Nine Hundred Eleven Thousand Seven
Hundred and Ninety Dollars ($911,790) (the ANote") and interest. This Note is issued pursuant
to that certain Real Estate Exchange Agreement by and between the City of Lynwood and the
Lynwood Redevelopment Agency (the g. Agreement@), which is fully incorporated herein by this
reference. This Note, the Deeds of Trust securing this Note, and the Agreement are sometimes
collectively referred to herein as the g. Agency Documents.~
2. Agency Loan.
a. Acquisition Loan/Purchase Price
Pursuant to the terms and conditions set forth in the Agreement, the Agency has agreed to
loan the City the amount of Nine Hundred Eleven Thousand Seven Hundred and Ninety Dollars
($911,790) ("Agency Loan" or "Loan Balance") for the acquisition of the property with Los
Angeles County Recorder's office parcel numbers 6189-0! 9-900, 6189-019-901, and 6189-019-902.
For purposes of this Note, the term Josephine Parcels shall have the same meaning as set forth in
the Agreement and shall refer to Parcel Numbers 6189-019-900, 6189-019-901, and 6189-019-
902.
3. Repayment.
August 1, 2006 to July 31, 2007:
During the first 12 months (commencing August 1, 2006 and ending July 31, 2007) of the
Note, the City shall not be required to make any payments to the Agency. However, during said
first 12 months the outstanding balance of Nine Hundred Eleven Thousand Seven Hundred and
Ninety Dollars ($911,790.00) shall accrue 5% simple interest in favor of the Agency. The City
and Agency hereby agree that said accrued interest shall be added to the principal balance of the
Note
August 1, 2007 to January 31, 2008
Commencing with the 13th month (August 1, 2007) of the Note, the outstanding balance
of the Note shall be increased by $45,589.50, i.e., from $911,790.00 to $957,379.50, representing
the first 12 months of accrued interest. Commencing with said 13th month (August 1, 2007) and
Z:\City of Lynwood\Ham Park\promissory Note combined.final I
continuing until the 18th month (January 31, 2008) of the Note, the City agrees to make interest
only monthly payments to the Agency of 5% simple interest on the outstanding balance of
$957,379.50 payable in monthly installments of $3,989.08 due and payable on the first day of
each month.
February 1, 2008 to August 1, 2012
Commencing on the 19th month (February 1, 2008) of the Note, the City agrees to make monthly
principal and interest payments to the Agency based on a 30 year 5% interest compounded
monthly fully amortized loan with a beginning principal balance of $957,379.50. Said monthly
payments shall be in the amount $5,139.42 pursuant to the attached amortization schedule and
shall be payable on the first day of every month commencing February 1, 2008 and continuing to
August 1, 2012 at which time the entire principal balance and all accrued interest on the Note
shall be due and payable by the City to the Agency.
4. Prepayment
City may prepay the outstanding balance of the Agency Loan, in whole or in part, at any
time without penalty.
5. Lawful Money.
Principal payments on the Loan shall be payable in lawful money of the United States of
America.
6. Security.
This Note is secured by a first priority deeds of trust (h.Deeds of Trust@), which Deeds of
Trust create a lien on the Josephine Parcels (which is legally described in the Deeds of Trust).
7. Acceleration by Reason of Transfer or Financing.
The Deeds of Trust contain the following limitations on the right of City to transfer the
Josephine Parcels:
g. In order to induce Beneficiary to make the loan secured hereby Trustor agrees
that in the event of any transfer of the Josephine Parcels without the prior written
consent of Beneficiary, Beneficiary shall have the absolute right at its option,
without prior demand or notice, to declare all sums secured hereby immediately
due and payable. Consent to one such transaction shall not be deemed to be a
waiver of the right to require consent to future or successive transactions.
Beneficiary may grant or deny such consent in its sole discretion and, if consent
should be given, any such transfer shall be subject to this Deed of Trust, and any
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such transferee shall assume all obligations hereunder and agree to be bound by
all provisions contained herein. Such assumption shall not, however, release
Tmstor or any maker or guarantor of the Note from any liability thereunder
without the prior written consent of Beneficiary. As used herein, g. transfer@
includes the sale, agreement to sell, transfer or conveyance of the Josephine
Parcels, or any portion thereof or interest therein, whether voluntary, involuntary,
by operation of law or otherwise, the execution of any installment land sale
contract or similar instrument affecting all or a portion of the property, or the lease
of all or substantially all of the property, g. Transfer~ shall also include the
transfer, assignment, hypothecation or conveyance of legal or beneficial
ownership of any partnership interest in Tmstor or any conversion of Trustor to a
business entity form other than that of a public benefit nonprofit corporation.
g. Transfer@ shall not include the leasing of individual commercial or residential
units, or other rentable area constructed by Trustor on the Josephine Parcels, so
long as Trustor complies with the provisions of the Agreement. In the event of
any financing, refinancing or partial refinancing (including any additional
financing) not contemplated by the Agreement, the Agency Loan shall be
immediately due and payable.@
8. Event of Default.
The occurrence of any of the following shall be deemed to be an event of default (g. Event
of Default@) hereunder:
a. Default in the repayment of the principal balance of the Agency Loan and/or the
Purchase Price when and as due pursuant to the terms hereof; or
b. The occurrence of an Event of Default under the Agency Deed of Trust now or
hereafter securing this Note (including any amendment, modification or extension thereof.)
c. Failure to perform pursuant to the Agreement.
9. Remedies in Default.
Upon the occurrence of an Event of Default and the expiration of any applicable cure
period therefor, then at the option of the Agency, the entire Loan Balance, shall, without demand
or notice, immediately become due and payable.
Upon the occurrence of an Event of Default, the entire balance of the Agency Loan
together with accrued interest accruing from the due date of the delinquent payment shall be
payable to the Agency by City. No delay or omission on the part of the Agency in exercising any
right under this Note or under any of the Agency Documents shall operate as a waiver of such
right.
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Z:\City of Lynwood\Ham Park\promissory Note combined.final
11. Waiver.
City hereby waives diligence, presentment, protest and demand, notice of protest,
dishonor and nonpayment of the Note, and expressly agrees that, without in any way affecting the
liability of City hereunder, the Agency may extend any maturity date or the time for payment of
any installment due hereunder, accept additional security, release any party liable hereunder and
release any security now or hereafter securing this Note. City further waives, to the full extent
permitted by law, the right to plead any and all statutes of limitations as a defense to any demand
on this Note, or on any deed of trust, security, agreement, guaranty or other agreement now or
hereafter securing this Note.
12. Attorneys= Fees.
If this Note is not paid when due or if any Event of Default occurs, City promises to pay
all costs of enfomement and collection, including but not limited to, reasonable attorneys= fees,
whether or not any action or proceeding is brought to enforce the provisions hereof.
13. Severability.
Every provision of this Note is intended to be severable. In the event any term or
provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain binding and enforceable.
14. Interest Rate Limitation.
It is the intent of City and the Agency in the execution of this Note and all other
instruments securing this Note that the loan evidenced hereby be exempt from the restrictions of
the usury laws of the State of California. The Agency and City stipulate and agree that none of
the terms and provisions contained herein or in any of the loan instruments shall ever be
construed to create a contract for the use, forbearance or detention of money, requiring payment
of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of
the State of California. In such event, if the Agency shall collect monies which are deemed to
constitute interest which would otherwise increase the effective interest rate on this Note to a rate
in excess of such maximum rate the monies that amount to such excess shall, at the option of the
Agency, be credited to the payment of the sums due hereunder or returned to City.
Dated: ,2006
City Manager, N. Enrique Martinez
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Z:\City of Lynwood\Ham Park\promissory Note combined.final
OFFICIAL BUSINESS
Document entitled to free
recording per Government
Code Section 6103.
Recording Requested by and
When Recorded Mail to:
THE LYNWOOD REDEVELOPMENT AGENCY
11330 Bullis Road
Lynwood, California 90262
Attn: Executive Director
SPACE ABOVE THIS LINE
FOR RECORDING USE
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic, of the State of
California, (hereinafter "Grantor") acting under the Community Redevelopment Law ( California
Health and Safety Code 33000, et seq.) of the State of California, hereby grants, deeds and conveys
to The City of Lynwood, herein called Grantee, that real property in the City of Lynwood, (hereinafter
"City") County of Los Angeles, State of California, commonly referred to as the Josephine Parcel,
6189-019-900 as more particularly described in attached Exhibit A (hereinafter "Property"):
All of the terms, covenants and conditions of this Grant Deed shall be binding upon
and shall inure to the benefit of the Grantee and the permitted successors and assigns
of the Grantee. Wherever the term Grantee is used herein, such term shall include any
permitted nominee, assignee or successor in interest as herein provided.
The Grantee hereby covenants and agrees for himself, his successors, his assigns, and
every successor in interest to the Property or any part thereof, that in the construction
of the Improvements on the Property, the Grantee will not discriminate against any
employee or applicant for employment because of gender, marital status, race, color,
creed, religion, national origin, or ancestry.
The Grantee covenants and agrees for himself, his successors, his assigns, and every
successor in interest to the Property or any part thereof, there shall be no
discrimination against or segregation of any person, or group of persons, on account of
sex, marital status, race, color, creed, religion, age, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor
shall the Grantee itself or any person claiming under or through it establish or permit
any such practice or practices of discrimination or segregation with reference to the
selection location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees of the Property.
4. Grantees shall refrain from restricting the rental, sale, or lease of the Property on the
basis of sex, marital status, race, color, creed, age, religion, ancestry or national origin
of any person. All such deeds, leases or contracts shall contain or be subject to the
following non-discrimination or non-segregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all person claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, age, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy tenure or enjoyment of the land herein
conveyed, nor shall the grantee or any person claiming under or through him or herself,
establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, nu~nber, use or occupancy of tenants, lessees, subtenants,
subqessees or vendees in the premises herein conveyed. The foregoing covenant shall mn
with the land."
b. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming under or through him or her,
and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons,
on account of race, color, creed, religion, sect, marital status, age, national origin or ancestry,
in the leasing, subleasing, transferring, use occupancy, tenure, or enjoyment of the land herein
leased nor shall the lessee himself or herself, of any person claiming under or through
him her,
establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sub-lessees, or vendees of the land."
In contracts: "There shall be no discrimination against or segregation of, any person, or
group of persons on account of race, color, creed, religion, sex, marital status, national
or!gin or ancestry in the sale, lease, sublease, transfer, or use, occupancy, tenure, or
enjoyment of the land, nor shall the transferee himself or herself, or any person claiming
under or through him or her, establish or permit any practice or practices of discrimination
2
or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sub-lessees, or vendees of the land."
5. This Grant Deed shall not merge with any other agreement between Grantor and Grantee.
6. The covenants established herein shall, without regard to technical classification and
designation, be binding on Grantee and any successor in interest to the Josephine Parcels or any
part thereof for the benefit and in favor of the Grantor, its successors and assigns, and the
Lynwood Redevelopment Agency.
7. Breach of any of the covenants, conditions, restrictions, or reservations contained in this
Grant Deed shall not defeat or render invalid the lien of any mortgage or deed of trust made in
good faith and for value as to the Property, whether or not said mortgage deed of trust is
subordinated to this Grant Deed, but unless otherwise herein provided, the terms, conditions,
covenants, restrictions, reservations, of this Grant Deed shall be binding and effective against the
holder and any owner of the Property, or any part thereof, whose title thereto is acquired by
foreclosure, trustee=s sale, or otherwise.
8. Grantee shall be obligated only for acts or omissions occurring during its ownership or
title to the Property.
IN WITNESS THEREOF, the Grantor and Grantee have caused this instrument to
be executed on their behalf by their respective offices thereunto duly authorized, this __ day of
,2006.
LYNWOOD REDEVELOPMENT AGENCY
A public body, corporate and politic
(GRANTOR)
Date: By:
Executive Director
ACKNOWLEDGMENT AND ACCEPTANCE
Grantee hereby accepts and approves each of the conditions, covenants, and
restrictions set forth in this Grant Deed.
Executed this _day of
· 2006 in Lynwood, California
(GRANTEE)
2
OFFICIAL BUSINESS
Document entitled to free
recording per Government
Code Section 6103.
Recording Requested by and
When Recorded Mail to:
The Lynwood Redevelopment Agency
11330 Bullis Avenue
Lynwood, California 90262
Attn: Louis Morales
SPACE ABOVE THIS LINE
FOR RECORDING USE
DEED OF TRUST
Securing Agency Loan
with Assignment of Rents
This DEED OF TRUST is made this 1st day of August, 2006, by and between the CITY
OF LYNWOOD (Trustor~), Chicago Title (g. Trustee@), and the LYNWOOD
REDEVELOPMENT AGENCY a public body, corporate and politic (g23eneficiary~).
Trustor grants, transfers and assigns to Trustee in trust, upon the trusts, covenants,
conditions and agreements and for the uses and purposes hereinafter contained, with power of
sale, and right of entry and possession, all of its title and interest in that real property (the
g-Josephine Parcels@) in the City of Lynwood, County of Los Angeles, State of California,
generally described in the Los Angeles County Recorder's Office as Parcel Numbers 6189-019-
900, 6189-019~901 and 6189-019-902 mom particularly described in Exhibit g.A@ attached
hereto and incorporated heroin by this reference;
together with Beneficiary=s interest in all buildings, structures and improvements of
every nature whatsoever now or hereafter situated on the Josephine Parcels; and
together with the rants, issues and profits thereof; and together with all buildings and
improvements of every kind and description now or hereafter erected or placed thereon, and all
fixtures, including but not limited to all gas and electric fixtures, engines and machinery,
radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers,
stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and
other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators,
whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings,
screens, blinds and other furnishings shall to the extent permitted by law be deemed to be
permanently affixed to and a part of the realty; and
to have and to hold the property hereinbefore described (including the Josephine Parcels
and all appurtenances), to Trustee, its successors and assigns for the purposes of securing Trustor
performance under that certain Real Estate Exchange Agreement by and between the City of
Lynwood and the Lynwood Redevelopment Agency ("Agreement") and attached promissory
note.
FOR THE PURPOSE of securing (1) payment of indebtedness of Trustor to the
Beneficiary in the principal sum of not less than Nine Hundred Eleven Thousand Seven Hundred
Ninety Dollars ($911,790) (the "Agency Loan@) as set forth in and evidenced by a promissory
note ("Note") of same date herewith between Trustor and Beneficiary, together with all sums due
thereunder including interest and other charges; (2) the performance of each agreement of Tmstor
in this Deed of Trust and the Note; (3) the performance of each agreement of Tmstor under that
certain Agreement, by and between Trustor and Beneficiary (g. Agency@ therein), on file in the
Office of Beneficiary; (4) the performance of each agreement and covenant of Tmstor under that
certain g. Grant Deed@ recorded concurrently herewith, by and between Trustor (g. Grantee@
therein) and Beneficiary (3.Grantor@ therein); and (5) all extensions, amendments, modifications
or renewals of the Note, however evidenced, and additional advances evidenced by any note
reciting that it is secured hereby (hereinafter "Agency Documents");
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS
AND AGREES:
1. That it will pay all sums due and payable set forth in the Note at the time and in
the manner provided therein;
2. That it will not permit or suffer the use of any of the Josephine Parcels for any
purpose other than the use for which the same was intended at the time this Deed of Trust was
executed;
3. That the Note, the Agreement and the Grant Deed (collectively the AAgency
Documents~) are incorporated herein and made a part of this Deed of Trust. Upon default under
the Note or this Deed of Trust or upon violation of the covenants contained in the Grant Deed,
Beneficiary, as its option, may declare the whole of the indebtedness secured hereby to be due
and payable;
4. That all rents, profits and income from the Josephine Parcels covered by this Deed
of Trust are hereby assigned to Beneficiary for the purpose of discharging the debt hereby
secured. Permission is hereby given to Trustor so long as no default exists hereunder, to collect
such rents, profits and income;
5. That upon default hereunder or under the Agency Documents, Beneficiary shall be
entitled.to the appointment of receiver by any court having jurisdiction, without notice, to take
possession and protect the property described herein and operate same and collect the rents,
profits and income therefrom;
6. To pay, at least ten (10) days before delinquency, any taxes and assessments
affecting said Josephine Parcels when due, all encumbrances, charges and liens, with interest, on
said Josephine Parcels or any part thereof which appear to be prior or superior hereto, all costs,
fees and expenses of this Deed of Trust;
7. To keep said Josephine Parcels in good condition and repair, including
maintenance of said Josephine Parcels. To pay when due all claims for labor performed and
materials furnished therefor (unless contested in good faith if Tmstor provides security
satisfactory to Beneficiary that any amounts found to be due will be paid and no sale of the
Josephine Parcels or other impairment of the security hereunder will occur); to comply with all
laws affecting said Josephine Parcels or requiring any alterations or improvements to be made
thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said
Josephine Parcels in violation of law an/or covenants, conditions and/or restrictions affecting
said Josephine Parcels (including, but not limited to, the Grant Deed); not to permit or suffer any
alteration of or addition to the improvements hereafter constructed in or upon said Josephine
Parcels without the consent of Beneficiary;
8. To appear in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses,
including cost of evidence of title and attorneys= fees in a reasonable sum; in any such action or
proceeding in which Beneficiary or Trustee may appear;
9. Should Trustor fail to make any payment or do any act as herein provided, then
Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon
Trustor and without releasing Trustor from any obligation hereof, may make or do the same in
such manner and to such extent as either may deem necessary to protect the security hereof.
Beneficiary or Trustee being authorized to enter upon said Josephine Parcels for such purposes,
may commence, appear in and/or defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest or
compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior
or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ
counsel, and pay his reasonable fees;
10. Beneficiary shall have the right to pay insurance premiums when due should
Trustor fail to make any required premium payments. All such payments made by Beneficiary
shall be added to the principal sum secured hereby;
11. To pay immediately and without demand all sums so expended by Beneficiary or
Trustee, under permission given under this Deed of Trust, with interest from date of expenditure
at the rate specified in the Note;
!2. That the Agency Loan advanced hereunder is to be used for the acquisition of the
Josephine Parcels in accordance with the requirements of the Agreement; and upon the failure of
Tmstor to keep and perform all the covenants, conditions and restrictions of the Agency
Documents, the principal sum and all arrears of interest, and the other charges provided for in the
Note shall at the option of Beneficiary become due and payable, anything contained heroin to the
contrary notwithstanding;
13. Trustor further covenants that it will not voluntarily create, suffer or permit to be
created against the Josephine Parcels, subject to this Deed of Trust, any lien or liens except as
authorized by Beneficiary and further that it will keep and maintain the Josephine Pamels free
from the claims of all persons supplying labor or materials which will enter into the construction
of any and all buildings now being erected or to be erected on the Josephine Parcels;
14. That any and all improvements made or about to be made upon the Josephine
Parcels, and all plans and specifications, comply with all applicable municipal ordinances and
regulations and all other regulations made or promulgated, now or hereafter, by lawful authority,
and that the same will upon completion comply with all such municipal ordinances and
regulations and with the mles of the applicable fire rating or inspection organization, bureau,
association or office;
15. Trustor herein agrees to pay to Beneficiary or to the authorized loan servicing
representative of Beneficiary a charge not to exceed $15.00 for providing a statement regarding
the obligation secured by this Deed of Trust as provided by Section 2954, Article 2, Chapter 2,
Title 14, Division 3 of the California Civil Code.
IT IS MUTUALLY AGREED THAT:
16. If the City does not make timely payment of the Note, Beneficiary, after due
notice to Trustor or any subsequent owner, is hereby invested with full and complete authority to,
but not obligated to: enter upon the Josephine Pamels, employ watchmen to protect such
improvements from depredation or injury and to preserve and protect the personal property
therein, and to continue or discontinue any and all outstanding contracts for the erection and
completion of said building or buildings, to make and enter into any contracts and obligations
wherever necessary, either in its own name or in the name of Trustor, and to pay and discharge
all debts, obligations and liabilities incurred thereby. All such sums so advanced by Beneficiary
(exclusive of the indebtedness secured hereby) shall be added to the principal of the indebtedness
secured hereby and shall be secured by this Deed of Tmst and shall be due and payable on
demand with interest at the rate specified in the Note;
18. Should the Josephine Parcels or any part thereof be taken or damaged by reason of
any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in
any other manner, Beneficiary shall be entitled to all compensation, awards, and other payments
or relief therefor, and shall be entitled at its option to commence, appear in and prosecute an its
own name, any action or proceedings, or to make any compromise or settlement, in connection
with such taking or damage. All such compensation, awards, damages, rights of action and
proceeds, including the proceeds of any policies of insurance affecting said Josephine Parcels,
are hereby assigned to Beneficiary. After deducting therefrom all its expenses, including
attorney=s fees, the balance of the proceeds shall be applied to the amount due under the Note
secured hereby. No amount applied to the reduction of the principal shall relieve Trustor from
making additional payments as required by the Note;
19. Upon default by Tmstor in making any payments provided for herein or in the
Note secured hereby, and if such default is not made good pursuant to the Agreement, or if
Tmstor shall fail to perform any non-monetary covenant or agreement in this Deed of Trust, or
Agency Documents within thirty (30) days after written demand therefor by Beneficiary, (or
seven (7) days in the event of a monetary default) Beneficiary may declare all sums secured
hereby immediately due and payable by delivery to Trustee of written declaration of default and
demand for sale, and of written notice of default and of election to cause the Josephine Parcels to
be sold, which notice Trustee shall cause to be duly filed for record and Beneficiary may
foreclose on this Deed of Trust. Beneficiary shall also deposit with Tmstee this Deed of Trust,
the Note and all documents evidencing expenditures secured hereby.
20. After the lapse of such time as may then be required by law following the
recordation of said notice of default, and notice of sale having been given as then required by
law, Trustee, without demand on Tmstor, shall sell said Josephine Parcels at the time and place
fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it
may determine at public auction to the highest bidder for cash in lawful money of the United
States, payable at time of sale. Trustee may postpone sale of all or any portion of said Josephine
Parcels by public announcement at the time and place of sale, and from time to time thereafter
may postpone the sale by public announcement at the time fixed by the preceding postponement.
Trustee shall deliver to the purchaser its deed conveying the Josephine Parcels so sold, but
without any covenant or warranty, express or implied. The recitals in the deed of any matters or
facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor,
Trustee or Beneficiary, may purchase at the sale. Pumhaser shall be required to seek an
Agreement with the Agency for any development on the Josephine Parcels. Trustee shall apply
the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable
expenses of this trust including therein reasonable Tmstee=s fees or attorneys= fees for
conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of
the sale; (2) the cost of any search and/or other evidence of title procured in connection with such
sale and revenue stamps on Tmstee=s deed; (3) all sums expended under the terms hereof, not
then repaid, with accrued interest at the rate specified in the Note; (4) all other sums then secured
hereby including but not limited to construction loans; and (5) the remainder, if any, to the person
or persons legally entitled thereto;
21. Beneficiary may from time to time substitute a successor or successors to any
Trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment,
and without conveyance to the successor trustee, the latter shall be vested with all title, powers,
and duties conferred upon any Tmstee herein named or acting hereunder. Each such appointment
and substitution shall be made by written instrument executed by Beneficiary, containing
reference to this Deed of Trust and its place of record, which, when duly recorded in the proper
office of the county in which the Josephine Parcels is situated, shall be conclusive proof of
proper appointment of the successor trustee;
22. The pleading of any statute of limitations as a defense to any and all obligations
secured by this Deed of Trust is hereby waived to the full extent permissible by law;
23. Upon written request of Beneficiary stating that all sums secured hereby have
been paid, and upon payment to the Trustee of its pro-rata fee, Trustee shall reconvey, without
warranty, the Deed of Trust for that particular Unit then held hereunder. The recitals in such
reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The
grantee in such reconveyance may be described as g. the person or persons legally entitled
thereto;@
24. The trust created hereby is irrevocable by Trustor;
25. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto,
their heirs, legatees, devisees, administrators, executors, successors and assigns. The term
g. Beneficiary@ shall include not only the original Beneficiary hereunder but also any future owner
and holder including pledgees, of the Note secured hereby. In this Deed of Trust, whenever the
context so requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural. All obligations of each Trustor hereunder are joint and several;
26. Tmstee accepts this trust when this Deed of Trust, duly executed and
acknowledged, is made public record as provided by law. Except as otherwise provided by law
Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of
any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought
by Trustee;
27. The undersigned Trustor requests that copies of any notice of default and of any
notice of sale hereunder be mailed to it at 11300 Bullis Rd. Lynwood, CA 90262.
28. This Deed of Trust contains the following limitations on the right of Trustor to
transfer the Josephine Parcels (as defined in the Deed of Trust);
In order to induce Beneficiary to make the loan secured hereby
Tmstor agrees that in the event of any transfer of the Josephine
Parcels without the prior written consent of Beneficiary,
Beneficiary shall have the absolute right at its option, without prior
demand or notice, to declare all sums secured hereby immediately
due and payable. Consent to one such transaction shall not be
deemed to be a waiver of the right to require consent to future or
successive transactions. Beneficiary may grant or deny such
consent in its sole discretion and, if consent should be given, any
such transfer shall be subject to this Deed of Trust, and any such
transferee shall assume all obligations hereunder and agree to be
bound by all provisions contained herein. Such assumption shall
not, however, release Trustor or any maker or guarantor of the
Note from any liability thereunder without the prior written consent
of Beneficiary. As used herein, g. transfer@ includes the sale,
agreement to sell, transfer or conveyance of the Josephine Parcels,
or any portion thereof or interest therein, whether voluntary,
involuntary, by operation of law or otherwise, the execution of any
installment land sale contract or similar instrument affecting all or
a portion of the Josephine Parcels, or the lease of all or
substantially all of the Josephine Parcels. g. Transfer@ shall also
include the transfer, assignment, hypothecation or conveyance of
legal or beneficial ownership of any partnership interest in Trustor
or any conversion of Tmstor to a business entity form other than
that of a public benefit nonprofit corporation. In the event of any
financing, refinancing or partial refinancing (including any
additional financing) not contemplated by the Agreement, the Note
shall be immediately due and payable.
29. Trustor shall permit Beneficiary and its agents or representatives, to inspect the
Josephine Parcels at any and all reasonable times, with or without advance notice.
30. Trustor shall be subject to and comply with all of the restrictions set forth in the
Agreement and Tmstor hereby consents to such restrictions and agrees to be bound thereby.
Such restrictions shall be in addition to and not in limitation of the rights of Beneficiary
expressly set forth in this Deed of Trust.
3 I. For purposes of this Deed of Trust, g, Hazardous Materials@ mean and include any
hazardous, toxic or dangerous waste, substance or material including, without limitation,
flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and
any materials or substances defined as hazardous materials, hazardous substances or toxic
substances in (or for purposes of) the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (g, CERCLA~), as amended (42 U.S.C. ' ' 9601, et. seq.), the
Hazardous Materials Transportation Act (49 U.S.C. ' ' 1801, et. seq.), the Resource Conservation
and Recovery Act (42 U.S.C. ' ' 6901, et. seq.) and those substances defined as hazardous wastes
in ' 25117 of the California Health and Safety Code or as hazardous substances ' 25316 of the
California Health and Safety Code or in any regulations promulgated under either such law, any
so-called g, Superfund@ or g. Superlien~ law, or any other federal, state or local statute, law,
ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material,
as now or at any time hereafter in effect.
32. In addition to the general and specific representations, covenants and warranties
set forth in the Deed of Trust or otherwise, Tmstor represents, covenants and warrants, with
respect to Hazardous Materials, as follows:
(a) Neither Trustor nor, to the best knowledge of Tmstor, any other person,
has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located
or disposed of on, under or at the Josephine Pamels or any part thereof, and neither the Josephine
Pamels nor any part thereof, or any property adjacent thereto, has ever been used (whether by the
Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing
Josephine Parcels, dump site or storage site (whether permanent or temporary) for any Hazardous
Materials;
(b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees,
contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents
!c.oll~ctively the AAgency~) harmless from and against any and all losses, liabilities, damages,
injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered
by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect
to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened
release or disposal of Hazardous Materials on or under the Josephine Parcels or the escape,
seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the
Josephine Parcels (including, without limitation, any losses, liabilities, damages, injuries, costs,
expenses or claims asserted or arising under CERCLA, any so-called g. Superfund@ or
g-Superlien@ law, or any other federal, state or local statute, law, ordinance, code, role regulation,
order or decree regulating, relating to or imposing liability or standards of conduct concerning
any Hazardous Materials), regardless of whether or not caused by, or within the control of
Trustor. However, notwithstanding the foregoing, in no event shall the above indemnification be
construed by any of the parties hereto to apply to any party other than the Agency nor shall it
preclude the Trustor from asserting any rights or claims it may have against any other parties
relative to such escape, seepage, leakage, spillage, discharge, emission or release of any
Hazardous Materials from the Josephine Parcels as set forth herein above.
(c) Tmstor has not received any notice of: (i) the happening of any event
involving the use, spillage, discharge or cleanup of any Hazardous Materials (AHazardous
Discharge@) affecting Trustor or the Josephine Parcels or (ii) any complaint, order, citation or
notice with regard to air emissions, water discharges, noise emissions or any other
environmental, health or safety matter affecting Trustor or the Josephine Parcels
(AEnvironmental Complaint@) from any person or entity, including, without limitation, the
United States Environmental Protection Agency (AEPA@). If Trustor receives any such notice
after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and
written notice of same to Beneficiary.
(d) Without limitation of Beneficiary=s rights under this Deed of Trust,
Beneficiary shall have the right, but not the obligation, to enter onto the Josephine Parcels or to
take such other actions as it deems necessary or advisable to clean up, remove, resolve or
minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental
Complaint upon its receipt of any notice from any person or entity, including without limitation,
the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on
or pertaining to the Josephine Parcels which, if true, could result in an order, suit or other action
against Trnstor affecting any part of the Josephine Parcels by any governmental agency or
otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed
of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such
fights Sba//be secured by this Deed of Trust and shall be payable by Tmstor upon demand
together with interest thereon at a rate equal to the rate payable under the Note secured hereby.
· . (e) The fore oin · . . . .
be Continuing and shall be true gand cgor;Pe~Sfeonrt~°n;;/Co°dV;rnoa~nt~nf~m,n/t~es ~and Warrant/es shall
P o_, .,,c uate nereot to the re/ease of
this Deed of Trust (Whether by payment of the indebtedness secured hereby or foreclosure or
saX;i~?e/~dicehUrtehlee~eO.l), and these representations, COVenants, indemnities and Warranties shall
33. The following shall be an Event of Default:
(a) Failure of Tmstor to pay, When due. principal
Sums or charges - and in ·
on the Note, in accordanc,~ ,,4~..t terest, arid any other
the Note; .... L, me provisions set forth in
(b) A violation of the terms, Conditions or COVenants of the Agreement or this
Deed of Trust; or
(c) A default under any senior deed of trust.
34. Upon the occurrence of an Event of Default
.shall be obligated to repay the Note and Be ..... as described in Section 33, Tmstor
ue~Cmry may, by action, suit or proceeding at law or
m equity, sue for, and enforce payment of any and all amounts due by Tmstor pursuant to the
terms of the Note and/or sue to enfome the performance of the obligations of Trustor under the
Agency Documents, subject to the terms and conditions of the Agreement.
35. The Note secured by this Deed
obligation of Tmstor. of Trust evidences and non-recourse only
36. All expenses (including reasonable attorneys= fees and costs and allowances)
incurred in COnnection with an action to foreclose, or the exercise of any other remedy
by this Deed of Trust, including the Curing of any provided
Tmstor. Event of Def. ault, shall be the responsibility of
37. Each such SUCcessor OWner of an interest in the JOsephine Parcels other than
through foreclosure, shall take its interest subject to this Deed of Trust.
ATRUSTOR@
Dated:
By:
1 957,379.00 5,139.42 3,989.08 1,150.3~
2 956,228.66 5,139.42 3,984.29 1,155.1 ,~
3 955,073.53 5,139.42 3,979.47 1,159.9,~
4 953,913.59 5,139.42 3,974.64 1,164.7E
5 952,748.81 5,139.42 3,969.79 1,169.63
6 951,579.1~ 5,139.42 3,964.91 1,174.5(~
7 950,404.67 5,139.4; 3,960.02 1,179.4(~
8 949,225.2( 5,139.4; 3,955.11 1,184.31
9 948,040.9( 5,139.4; 3,950.17 1,189 ~.~
10 946,851.7; 5,139.4; 3,945.2; 1,194.2~
11 945,657.51 5,139.4; 3,940.2' 1,199.18
12 944,458.3~ 5,139.4; 3,935.2z 1,204.17
13 943,254.1 ~ 5,139.4; 3,930.25 1,209.1 §
14 942,044.97 5,139.4; 3,925.1! 1,214.23
15 940,830.74 5,139.4; 3,920.1 ~ 1,219.29
16 939,611.41 5,139.42 3,915.01 1,224.37
17 938,387.0~ 5,139.42 3,909.9! 1,229.47
18 937,157.61 5,139.42 3,904.82 1,234.59
19 935,923.02 5,139.42 3,899.6~ 1,239.74
20 934,683.28 5,139.42 3,894.51 1,244.90
21 933,438.37 5,139.42 3,889.3-~ 1,250.09
22 932,188.28 5,139.42 3,884.12 1,255.30
23 930,932.98 5,139.42 3,878.89 1,260 ~.~
24 929,672.45 5,139.42 3,873.64 1,265.7~:
25 928,406.67 5,139.42 3,868.36 1,271.0~
26 927,135.61 5,139.42 3,863.07 1,276 3~_
27 925,859.26 5,139.42 3,857.75 1,281.67
28 924,577.59 5,139.42 3,852.41 1,287.01
29 923,290.58 5,139.42 3,347.04 1,292.37
30 921,998.21 5,139.42 3,841.66 1,297.7~=
31 920,700.45 5,139.42 3,836.25 1,303.17
32 919,397.28 5,139.42 3,830.82 1,308.6~_
33 918,088.69 5,139.42 3,825.37 1,314.06
34 916,774.64 5,139.42 3,819.89 1,319 ~
35 915,455.1; 5,139.42! 3,814.40 1,325.n~
36 914,130.1( 5,139.4; 3,808.88 1,330.5~1
37 912,799.5( 5,139.4; 3,803.33 1,336.0~
38 911,463.47 5,139.4; 3,797.76 1,341.65
39 910,121.81 5,139.4; 3,792.17 1,347.2z.
40 908,774.5~ 5,139.4; 3,786.5( 1,352.86
41 907,421.71 5,139.4; 3,780.9; 1,358.4~
42 906,063.22 5,139.4; 3,775.2( 1,364.1,~
43 904,699.07 5,139.42 3,769.5( 1,369.8~
44 903,329.23 5,139.42 3,763.8~ 1,375.5,~
45 901,953.68 5,139.42 3,758.1~ 1,381 ~R
46 900,572.41 5,139.42 3,752.3~ 1,387.0~
47 899,185.37 5,139.42 3,746.61 1,392.81
48 897,792.56 5,139.42 3,740.8{~ 1,398.~'
49 896,393.95 5,139.42 3,734.97 1,404...~.
50 894,989.56 5,139.42 3,729.12 1,410.29
51 893,579.21 5,139.4-~ 3,723.2,5 1,416.17
52 892,163.0~ 5,139.4~ 3,717.35 1,422.07
53 890,740.97 5,139.4~' 3,711.42 1,428.0~
54 889,312.97 5,139.45 3,705.47 1,433.95
887,788.0( 277,528.68 208,028.59 69,499.9~
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
August 1, 2006
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
N. Enrique Martinez, City Manager
Lorry Hempe, Assistant City Manager~
SELECTION OF A VENDOR FOR AN OFFSITE STORAGE
FACILITY
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO NEGOTIATE WITH FILEKEEPERS TO PROVIDE
TRANSPORT, STORAGE, ARCHIVE AND RETRIEVAL SERVICES FOR HARD
COPY RECORDS AND TO CARRYOVER FUNDS FOR THE
IMPLEMENTATION OF THE RECORDS RETENTION SCHEDULE AND
RECORDS MANAGEMENT POLICY AND AUTHORIZE THE MAYOR TO
EXECUTE A CONTRACT FOR A TERM NOT TO EXCEED THREE YEARS IN
AN AMOUNT NOT TO EXCEED $17,000 A YEAR".
Background:
On February 7, 2006, the City Council and the Lynwood Redevelopment Agency
authorized the appropriation of $82,000 for the implementation of a Records
Management program which includes the hiring of an Administrative Analyst I,
the storage of hard copy records to an off-site facility and operating costs related
to the implementation of the records retention schedule. Staff issued a Request
for Proposals for hard copy records transport, storage, and archive and retrieval
services.
The storage of certain City records at an off-site storage facility will not hinder the
City's planning efforts to convert certain paper documents into electronic format
for the convenient and expeditious retrieval of records by the public and staff.
Off-site storage of certain City records is part of the City's overall Records
Management Program to address the scarcity of available space and immediate
need for storage of City's records. The off-site storage also provides the City with
an interim solution while staff investigates the feasibility of creating an ideal in-
AGENDA
ITEM
/$
house repository of the City's records. It also reinforces the City's policy to
provide for efficient, effective and economical controls over the creation,
utilization, maintenance, retention, preservation and disposal of all records of the
city.
Discussion and Analysis:
Based on staff's evaluation of the cost and the panelists' evaluation of the
results of the interviews and site visits, staff recommends that the City Council
authorize staff to negotiate with Filekeepers to provide the City with off-site
storage services in accordance with the scope of work delineated in the Request
for Proposals.
The City received six proposals from the following storage facility companies:
Profile Management Incorporated, Records Management, GRM, King Data
Services, Recall and Filekeepers. Staff conducted the initial evaluation. The
evaluation was based on the following criteria: attendance at a mandatory
preproposal meeting, adherence to the requirements of the RFP, experience,
approach, pdce, timeline, logistics, and other information presented. After staff's
initial evaluation, a short list of three storage facility companies, GRM, King Data
Services and Filekeepers, was established. A panel consisting of a
representative from the Finance Department, the City Clerk's Office and the
City's Personnel Commission interviewed the short listed companies and toured
the off-site facilities.
The final ranking was based on total points scored, of which 50% of the score
was based on the cost and the other 50% on the panelists' assigned scoring
based on the interviews and site visits. Below is a summary of the scoring
results:
· Initial Transfer
· Yearly Cost for Storage of
various types of boxes and
quantity
· On-going Cost (retrievals,
interfiles, destruction, transport,
permanent withdrawal,
pumhase of cartons)
1st Year Total cost
Cost-Score
GRM KING DA TA
$5,382 $6,318
$9,455 $8,550
$18,392
$14,868
90 points
FILEKEEPERS
$5,850
$7,825
$13,675
lOOpolnts
2
There were marginal differences between the three short listed companies. Any
of the three companies could serve the City well. GRM has a Iow cost in yearly
storage but a high initial transfer cost compared to zero initial transfer costs that
King Data Services and Filekeepers charge. One advantage that King Data
Services has over Filekeepers is their Iow permanent withdrawal cost. This
becomes a cost impact if the City decides to withdraw significant amount of
boxes from storage. As a result of the permanent withdrawal criterion, the
panelists gave the lowest points to Filekeepers. However, the 1st year is lower
for Filekeepers than King Data Services. Although the cost difference is minimal
between these two companies, Filekeepers is already web based accessible
unlike King Data Services which will be on-line in three months. Overall,
Filekeepers earned the highest score of points.
OPTIONS
Staff would like to present the following options for the City Council's
consideration in the selection of a vendor for the City to negotiate with:
1. Authorize staff to negotiate an Agreement with Filekeepers based on staff
recommendation on cost and ability to meet the scope of services
specified in the RFP.
2. Authorize staff to negotiate an Agreement with GRM as the panelist
recommends based on performance on the site visit and interview and
ability to meet the scope of services specified in the RFP.
Fiscal Impact:
City Resolution No. 2006-018 and Agency Resolution No. 2006.007 authorized
the appropriation of $82,000 for the storage of City and Agency records at an off-
site storage facility, operational cost to coordinate this effort, and salary for the
Administrative Analyst I position. The salary for the Administrative Analyst I
position is included in the FY 06/07 Budget. Staff requests for the City Council
and Members of the Agency to authorize the carryover of $82,000 to pay for off-
site storage facility services and to hire a consultant to assist the City and the
Agency in creating a uniform filing system for all City and Agency records, in
establishing a sound practice and implementation of such practice for in-house,
off-site, and electronic storage of the City and Agency's records.
Coordinated With:
City Attorney's Office
Finance & Administrative Services
3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO NEGOTIATE WITH FILEKEEPERS TO PROVIDE
TRANSPORT, STORAGE, ARCHIVE AND RETRIEVAL SERVICES FOR
HARD COPY RECORDS AND TO CARRYOVER FUNDS FOR THE
IMPLEMENTATION OF THE RECORDS RETENTION SCHEDULE AND
RECORDS MANAGEMENT POLICY AND AUTHORIZE THE MAYOR TO
EXECUTE A CONTRACT FOR A TERM NOT TO EXCEED THREE (3) YEARS
IN AN AMOUNT NOT TO EXCEED $17,000 A YEAR
WHEREAS, the City of Lynwood recognizes that the residents of Lynwood
have a right to expect, and the city has an obligation to foster, efficient and cost-
effective government and further recognizes the central importance of city
records in the lives of its residents; and
WHEREAS, on February 7, 2006, the City Council adopted a records
retention schedule which formalizes the retention and disposition of the City and
Agency's records; establishes the City and Agency's "normal course of doing
business" and certifies the life, care and disposition of all City and Agency
records; and
WHEREAS, on February 7, 2006 the City Council adopted a policy to
provide for efficient, effective and economical controls over the creation,
utilization, maintenance, retention, preservation and disposal of all records of the
City of Lynwood; and
WHEREAS, on February 7, 2006, the City Council authorized the
appropriation of $82,000 from the general fund, water fund, and redevelopment
fund to implement a records management program as follows:
General Fund 50% $41,000
Water Fund 25% $20,500
(City Resolution No. 2006.018)
Redevelopment Fund 25% $20,500
(LRA Resolution No. 2006.007)
WHEREAS, on May 16, 2006 the City Council adopted Ordinance No.
1576 which codified the remaining duties of the Office of the City Clerk and
clarified that the function of the administration of the City's records retention
policy including retention of the budget, financial, grant and contract
documentation, real property records such as title insurance policies and grant
deeds, and the performance of the said responsibilities to be carried out separate
from, but in close coordination with the City Clerk's mandated functions; and
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WHEREAS, the use of the off-site storage facility will not hinder the
conversion of certain paper records into digital format for the expeditious, cost-
efficient, and convenient retrieval of records by the members of the public and
staff.
NOW, THEREFORE the City Council of the City of Lynwood does hereby
find, determine, order and resolve as follows:
Section 1: That the City authorizes staff to negotiate with Filekeepers
for the transport, storage, archive, and retrieval services and authorizes the
Mayor to execute a contract in an amount not to exceed $17,000 a year for a
term not to exceed three (3) years.
Section 2: That the City Council authorizes the carryover of the funds
originally set aside in FY 05/06 under Resolution No. 2006.018 to be used for FY
06/07.
Section 3:The City Clerk shall certify to the passage and adoption of
this resolution.
PASSED, APPROVED and ADOPTED this 1st day of August 2006.
ATTEST:
LETICIA VASQUEZ, MAYOR
ANDREA L. HOOPER
CITY CLERK
N. ENRIQUE MARTINEZ
CITY MANAGER
APPROVED AS TO FORM:
J. ARNOLDO BELTRAN
CITY ATI'ORNEY
LORRY HEMPE
ASSISTANT CITY MANAGER
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