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HomeMy Public PortalAboutA2010-03-16CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any 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. p AGENDA ~v (~ ` ~ ~ ~~ ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL • TO BEHELD ON ~A~ ~ ~ `~+~ MARCH 16, 2010 C11"~ ~~' ~''~!'~~`u'e~f70D BATEMAN HALL, ROOM 2 CITY CLIFRI4S OFFICE 11331 ERNESTINE AVENUE, LYNWOOD, CA 90262 m~-r `~ ~u~Y~o-~.G"L 5:00 P.M. MARIA TERESA SANTILLAN MAYOR AIDE CASTRO ALFREDO FLORES MAYOR PRO-TEM COUNCILMEMBER JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L. HALEY RAMON RODRIGUEZ COUNCILMEMBER CITY CLERK MARIA QUINONEZ OPENING CEREMONIES 1. CALL TO ORDER CITY ATTORNEY FRED GALANTE CITY TREASURER SALVADOR ALATORRE 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Alfredo Flores Jim Morton Ramon Rodriguez Maria T. Santillan 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PRESENTATIONS/PROCLAMATIONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues • Leverage Information Systems • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) COUNCIL RECESS TO: 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 COUNCIL MAY 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 8. JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L.P., AND ACCEPTANCE OF-THE 33433 SUMMARY REPORT Comments: On June 16, 2009, the Lynwood Redevelopment Agency ("Agency') authorized an Exclusive Negotiating Agreement ("ENA") with AMCAL Multi-Housing Inc. ("AMCAL") to negotiate the terms to develop an affordable housing community. The proposed site is located near the northwest corner of Atlantic Avenue and Carlin Avenue and is within the Redevelopment Project Area "A". The proposed Disposition and Development Agreement ("DDA") memorializes the terms agreed to during the ENA negotiations. The project contemplated will be for the development of approximately 99 one-, two- and three-bedroom rental housing units. The 33433 Summary Report summarizes the findings that the disposition of Agency owned land at the development site, will assist in the elimination of blight, and is consistent with the objectives of Project Area "A" and that the consideration for the property is not less than the fair reuse value for the proposed uses, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement. Recommendation: Staff recommends that the City Council and Agency adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMACAL PARK PLACE FUND, L.P. FOR THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE AND ACCEPTANCE OF THE 33433 SUMMARY REPORT". 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. 9. MINUTES OF PREVIOUS MEETIN(:aS: Regular Meeting -February 2, 2010 10. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated March 16, 2010 for FY 2009-2010. Recommendation: Staff recommends that the City Council approve the warrant register. 11. DISPOSITION OF UNCLAIMED FUNDS Comments: The City of Lynwood holds funds in trust for a variety of municipal services and activities. Deposits are refunded when conditions related to the services and activities are fulfilled. However, some deposits remain unclaimed for years despite the best efforts of the City to refund such deposits. Consistent with state law, the attached resolution authorized the City to follow established procedures for the administration and the transfer of unclaimed funds to the General Fund account. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE PUBLICATION OF NOTICE OF UNCLAIMED FUNDS AND TRANSFER OF UNCLAIMED DEPOSITS TO THE GENERAL FUND". 12. ACCEPTANCE OF STREET IMPROVEMENT PROJECT LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET PROJECT NUMBERS 4011.67.955, 4011.67.956 AND 4011.67.965 Comments: On October 6, 2009, the City Council of the City of Lynwood awarded a contract to SIALIC CONTRACTORS CORPORATION dba SHAWNAN, in the amount of $380,470 for the Lavinia Avenue, Harris Avenue and Olanda Street, Project No's. 4011.67.955, 4011.67.956 and 4011.67.965. All construction work on the project has been completed. The final construction cost for this project is $331,429.04 and is funded by Prop: "C". The project is ready for acceptance by the City Council. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO's. 4011.67.955, 4011.67.956 AND 4011.67.965 AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". 13. NATATORIUM REHABILITATION PROJECT AND POOL SYSTEM, ADOPTION OF SPECIFICATIONS AND WORKING DETAILS Comments: The plans and specifications of the Natatorium Rehabilitation Project and Pool System are complete and ready for the City Council's adoption. The estimated cost of the project is approximately $400,000. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE NATATORIUM REHABILITATION PROJECT AND ,POOL SYSTEM, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING STAFF TO SOLICIT BIDS". 4 14. A RESOLUTION OF THE CITY OF . LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT FOR THE PROPERTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD Comments: The Polanco Act authorizes the City to request a property owner, responsible party, or occupant to provide the City relevant information regarding the remediation efforts at a potentially contaminated site. If the property owner or responsible party does not respond within sixty days, the City has several tools to ensure that the identified property is assessed and properly remediated. The Polanco Act further allows the City to shift the cost of said assessment and remediation to the appropriate property owner or responsible party. Staff is requesting authority to issue letters pursuant to the Polanco Act to the property owners in the area North of the 105 Freeway, East of State Street, South of Imperial Highway and 2801 Lynwood Road. Recommendation: Staff recommends that the City Council consider and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT TO PROPERTY OWNERS, OCCUPANTS AND RESPONSIBLE PARTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD." 15. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS Comments: The City Council introduced the attached ordinance for first reading on March 2, 2010. Recommendation: Staff recommends that the City Council waive reading and adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW .ARTICLE 23 "DENSITY BONUS PROVISIONS. FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS". 16. SPECIAL PERMIT REQUEST -FILM PERMIT Comments: Berkeley Productions is proposing to film "Master Chef" at 2828 Butler Avenue, and 12150 S. Alameda Street Unit A. The sites are currently used by Filbar Tables, Inc. and East West Stone, LLC. Recommendation: Staff recommends that the City Council approve the proposed Special Permit to allow the filming of a Cooking Reality show, subject to payment of fees, and compliance with all City and County requirements. 17. WATER/SEWER DIVISION VACUUM TRUCK Comments: At the June 9, 2009 Council meeting, the City Council adopted the 2009-2010 FY Budget. Included in the approved budget, is the necessary funding for the purchase of a vacuum truck for the water/sewer division. The vacuum truck is to be used for ~; cleaning/maintaining the City's sewer lines, sewer laterals, storm drains catch basins, ti and pipes. <\, 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 PURCHASE A VACUUM TRUCK FOR THE WATER/SEWER DIVISION AND DIRECTING STAFF TO MAKE THE APPROPRIATE BUDGET TRANSFERS." 18. REJECTION OF BIDS AND RE-ADVERTISEMENT FOR YVONNE BURKE -JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 Comments: The Sports Field Lighting and Picnic/Exercise Facility Improvement Project was advertised on February 15, 2010 in the Press Telegram and on February 18, 2010 in the Lynwood Press Wave. Fifteen contractors received project plaris, specifications and bid documents. Five contractors submitted bids on Thursday, March 4, 2010 at 11:00 A.M. All five bids were over the project budget; therefore, staff is requesting that the City Council rejects all bids and authorizes the re-advertisement of this project. Recommendation: Staff recommends that the City Council adopts the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS FOR THE YVONNE BURKE -JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 AND AUTHORIZING STAFF TO RE-ADVERTISE THIS PROJECT". NEW/OLD BUSINESS 19. 20 FISCAL YEAR 2009-10 MARCH BUDGET UPDATE Comments: On February 16, 2010 staff provided the City Council amid-year budget report. The report was based on December 2009 year-to-date expenditure and revenue data, with some incomplete January data provided. As such, it was noted by staff that since most major General Fund revenue is received in the second half of the fiscal year, there was not sufficient data as of the end of December to determine significant trends with any certainty. For example, retailers typically generate nearly 50% of their annual revenue during the Christmas holiday period. However, the City does not receive its share of December sales taxes until March or April. Therefore, staff indicated it would return to Council at its second meeting in March with an update on City budget performance. Recommendation: Staff recommends that City Council: 1) Receive and file the FY 2009-10 (FY 10) March Budget Update; 2) Approve the budget and staffing changes; 3) Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2009-10 MARCH BUDGET UPDATE MODIFICATIONS". DISPLAYING THE NATIONAL MOTTO "IN GOD WE TRUST" Comments: In God We Trust-America, Inc. is a volunteer, non-profit organization whose mission is to encourage each city in the United States to prominently and permanently display the national motto of the United States "In God We Trust." According to this organization approximately 68 cities and towns, in states across America, have approved the display "In God We Trust" in their respective city halls. The organization has requested the City to place this matter on the City Council Agenda to approve the display of the national motto above the City seal at City Hall Council Chamber. Recommendation: Staff recommends that the City Council review the request submitted by In God We Trust-America, Inc. to display the motto "In God We Trust" in City Hall and provide staff direction. 21. LOS ANGELES COUNTY FIRE DEPARTMENT -FIRE SERVICES DAY Comments: The Los Angeles County Fire Department hosts Fire Service Day. Lynwood has been invited to host this year's event. The community is invited to see a.variety of fire engines, and to watch exciting firefighting demonstrations. Dignitaries from throughout the County will be invited by the Fire Department to attend this event. Recommendation: Staff recommends that the City Council approve hosting the event and approve the street closure for Fire Services Day, Saturday, May 8, 2010. 22. CODE OF CONDUCT POLICY Comments: At the City Council meeting of February 16, 2010, City Council directed staff to draft a Code of Conduct reflecting a framework, or guide, that staff can use when handling patron misconduct at events, facilities, meetings, and general public gatherings. Recommendation: Staff recommends that the City Council consider the adoption of the recommended Code of Conduct and accompanying actions. 23. POLICY GOVERNING CONDUCT OF THE LYNWOOD CITY COUNCIL AND COMMISSION Comments: Staff prepared a draft policy governing the members of the Lynwood City Council and as well as Commissions, Boards, or Committees established by Council. Recommendation: Staff recommends that the City Council consider the adoption of the recommended Policy Governing Conduct of the Lynwood City Council and Boards and Commissions of the City. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN, MAYOR AIDE CASTRO, MAYOR PRO-TEM ALFREDO FLORES, COUNCILMEMBER JIM MORTON, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER CLOSED SESSION 24. CLOSED SESSION ITEMS , A. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency negotiators: HR Director Alfredo J. Lopez, III - Employee Organization: Lynwood Employees' Association Lynwood Management Employee Association B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One case C. 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) for Section 54956.9: Two cases D. 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: Yvonne Peele v. City of Lynwood Case No. TC 023430, Los Angeles Superior Court ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON APRIL 6, 2010 AT 5:00 P.M. AT BATEMAN HALL, ROOM 2, 11331 ERNESTINE AVENUE, CITY OF LYNWOOD, CALIFORNIA. 9 P'CY~y ~~~ `~'~; ~ ~ AGEIV®i4 STAFF REP®F$T ~~~, ~~~~ .~= , ~:FORN~f.. DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council Honorable Chair and Member of the Agency APPROVED BY: Roger L. Haley, City Mana r PREPARED BY: Sarah M. Withers, Director of Redevelopment Olivia Segura, Deputy Director of Redevelopm SUBJECT: Joint Public Hearing ~to consider the Approval of a Disposition and Development Agreement between the Lynwood Redevelopment Agency and AMCAL Park Place Fund, L.P. and Acceptance of the 33433 Summary Report Recommendation: Staff recommends that the City Council and Agency adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L.P. FOR THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE AND ACCEPTANCE OF THE 33433 SUMMARY REPORT." Background: Community Redevelopment Law requires that the Lynwood Redevelopment Agency (the "Agency") set aside twenty percent (20%) of its annual tax increment revenue into a low and moderate income housing fund. The purpose of the housing set-aside fund is to produce, increase, improve, and preserve the community's supply of low and moderate income housing. The Agency then has a number of mechanisms available to disperse these funds including (i) providing grants and loans to qualified homeowners to assist with rehabilitation, (ii) assisting an affordable housing developer with the construction of new affordable homes, or (iii) acquiring dilapidated homes for rehabilitation and resale to low and moderate income households. o~~ On June 16, 2009, the Agency entered into an Exclusive Negotiation Agreement with AMCAL Multi-Housing Inc. to negotiate the terms to develop a 99 unit affordable housing community on a 4.26 acres site at the northwest corner of Atlantic Boulevard and Carlin Avenue (12139 - 12225 Atlantic Avenue and 4317- 4332 Carlin Avenue). The project will also include a community center, childcare facility, a swimming pool, abar-b-que area, 2 tot lots and a parking lot for the residents and childcare facility employees. The community center will include a lounge, classrooms, kitchenette, bathrooms and .offices for the manager and social services. One manager will reside on site. Discussion & Analysis: Pursuant to Community Redevelopment Law, the Agency has an obligation to produce new affordable units. This project would satisfy these obligations with the creation of 98 affordable apartment units. As the site is within Redevelopment Project Area "A", this project will directly benefit the Project Area and will also assist in creating affordable housing for the Alameda project area. The project will also include a childcare facility for 30 - 40 children. The project's residents will have priority enrollment at the facility; followed by the project's neighbors, should children residing in the project not fill all of the available seats. Disposition and Development Agreement Summary Below is a summary of details of the Disposition and Development Agreement with AMCAL: The project involves the construction of 99 apartment units on the site. One of the units will be reserved for the on site manager, the other 98 units will be restricted for rent to low-income households for a period of 55 years. There will be 6 1-bedroom, 1 bathroom units; 63 2-bedroom, 1 bathroom units and 30 3-bedroom, 2 bathroom units in a 3-story building. The surface parking lot will have 203 spaces - 195 spaces for residents and 8 spaces dedicated to the childcare facility. • Construction is anticipated to be commenced in December of 2010. The estimated build time is 18 months, with occupancy currently estimated on September 2012. Should AMCAL fail to secure Tax Credits in the first application round for 2010, this proposed scheduled will be delayed. • The Regulatory Agreement contains a provision that requires the Project's manager to terminate the lease of a tenant when a member of the tenant's household is convicted of (i) a violent felony, (ii) a crime that was committed for the benefit of a gang, (iii) a crime that was committed against another resident of the Project or an employee who works at the Project, or (iv) vandalizing the Project, unless said household member agrees to vacate the Restricted Unit and not to return to the Site. 2 • The total project budget is estimated at $ 26,300,000. AMCAL is requesting a development loan from the Agency in an amount not to exceed $7,125,782 to develop the project. The development loan is equal to the value of the site, the "Purchase Price" for the land, and shall be forgiven if AMCAL develops the project and complies with the term of the DDA and related documents to the Agency's satisfaction for a period of 55 years. • AMCAL will submit a Tax Credit Allocation application for this project no later than March 25, 2010, seeking approximately $14,000,000 in Tax Credits. AMCAL will also secure approximately $5,000,000 from other funding sources. • The Agency's development loan will be forgiven over the life of the affordability period (55 years) if the project is developed and operated as required by the DDA, the Regulatory Agreement and all applicable laws. As required by Section 33433 of the Community Redevelopment Law, staff has prepared a summary report that describes the specific financing elements of the proposed transaction. The report indicates that the Agency will subsidize this project at a rate of $71,977 per unit. The project will create 98 new apartment units that are affordable to low income households for fifty-five (55) years. The funds contributed to this project by the Agency are from the housing set-aside funds, which accumulate through the collection of tax increment revenues and must only be spent on affordable housing. Fiscal Impact: The site was purchased in FY 2005-2006 and FY 2009-2010 with Low-Mod Housing Funds. The current value of the site is $7,125,782. Coordinated With: City Manager's Office Finance Department Planning Engineering City Attorney Attachments: Resolution Disposition and Development Agreement 33433 Summary Report 3 • The total project budget is estimated at $ 26,300,000. AMCAL is requesting a development loan from the Agency in an amount not to exceed $7,125,782 to develop the project. The development loan is equal to the value of the site, the "Purchase Price" for the land, and shall be forgiven if AMCAL develops the project and complies with the term of the DDA and related documents to the Agency's satisfaction for a period of 55 years. • AMCAL will submit a Tax Credit Allocation application for this project no later than March 25, 2010, seeking approximately $14,000,000 in Tax Credits. AMCAL will also secure approximately $5,000,000 from other funding sources. • The Agency's development loan will be forgiven over the life of the affordability period (55 years) if the project is developed and operated as required by the DDA, the Regulatory Agreement and all applicable laws. As required by Section 33433 of the Community Redevelopment Law, staff has prepared a summary report that describes the specific financing elements of the proposed transaction. The report indicates that the Agency will subsidize this project at a rate of $71,977 per unit. The project will create 98 new apartment units that are affordable to low income households for fifty-five (55) years. The funds contributed to this project by the Agency are from the housing set-aside funds, which accumulate through the collection of tax increment revenues and must only be spent on affordable housing. Fiscal Impact: The site was purchased in FY 2005-2006 and FY 2009-2010 with Low-Mod Housing Funds. The current value of the site is $7,125,782. Coordinated With: City Manager's Office Finance Department Planning Engineering City Attorney Attachments: Resolution Disposition and Development Agreement 33433 Summary Report Proforma 3 RESOLUTION NO. JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L. P. FOR THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE AND ACCEPTANCE OF THE 33433 SUMMARY REPORT WHEREAS, the Lynwood Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under California Community Redevelopment Law (Health & Safety Code § 33000, et seq.) ("CRL"); and WHEREAS, in accordance with the CRL, the City Council of the City of Lynwood adopted the Redevelopment Plan for the Redevelopment Project Area "A" in the City of Lynwood on July 10, 1973, as established by Ordinance No. 945 of the City Council, and as amended from time to time; and WHEREAS, to effectuate the Redevelopment Plan, the Agency has negotiated a Disposition and Development Agreement ("DDA") with AMCAL Park Place Fund, LP ("Developer") for the disposition of approximately 4.26 acres of land owned by the Agency at the northeast corner of Atlantic Avenue and Carlin Avenue, as more specifically described in the DDA ("Site"), from Agency to Developer to allow Developer to construct aninety-nine unit affordable housing project with ninety-eight apartments to be restricted to rent to low income households for a period of 55 years; and WHEREAS, Section 33433 of the CRL requires that the Agency Board and the City Council approve the disposition of the Site by the Agency; that certain findings be made, and that a "Summary Report" and a copy of the DDA be made available for public inspection; and WHEREAS, the Agency has prepared the required Summary Report and notice of a joint public hearing of the Agency and City Council concerning the proposed DDA has been given in accordance with applicable law; and WHEREAS, on March 16, 2010, the Agency Board and City Council conducted and concluded a duly noticed joint public hearing pursuant to Section 33433 of the CRL to consider the DDA; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AND THE LYNWOOD REDEVELOPMENT AGENCY DO HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are all true and correct and are hereby adopted as findings. SECTION 2. That a Mitigative Negative Declaration analyzing the potential impacts of the development of the project contemplated in the DDA meeting all of the requirements of the California Environmental Quality Act was adopted and approved by the Lynwood Planning Commission on February 9, 2009. SECTION 3. The DDA is consistent with the Agency's adopted Implementation Plan for Redevelopment Project Area "A". SECTION 4. The consideration to be paid by the Developer for the Site is not less than the fair reuse value of the Site at the use and with the covenants and conditions and development costs authorized by the sale. SECTION 5. The development of the Site will assist in the elimination of blight in the Project Area and will provide housing for low-income households. SECTION 6. The Agency Board of Directors and the City Council hereby approve the DDA and the instruments referenced therein, a copy of which are on file in the office of the City Clerk. SECTION 7. The Agency Chair and Executive Director and Mayor and City Manager are authorized and directed to take such actions and execute such documents as may be necessary to implement and effect this Resolution and the DDA on behalf of the Agency and City. SECTION 8. The Agency Secretary and City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED AND ADOPTED this 16~'' day of March, 2010. Maria T. Santillan Mayor and Chair ATTEST: Maria Quinonez City Clerk and Secretary Roger L. Haley City Manager and Executive Director 2 APPROVED AS TO rOR1V1: Fred Galante City Attorney and Agency Counsel APPROVED AS TO CONTENT: Sarah M. Withers Director of Redevelopment ~., ~E , `~, ~~~ .~ DATE: AGENDA STAFF REPORT TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Maria Quinonez, City Clerk Kristina Santana, Deputy City Cle k {~ SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting -February 2, 2010 Background: N/A Discussion ~ Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM March 16, 2010 LYNWOOD CITY COUNCIL REGULAR MEETING February 2, 2010 The City Council of the City of Lynwood met in a regular meeting in the Bateman Hall, Room 2, 11331 Ernestine Ave. on the above date at 5:12 p.m. Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez, Castro and Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS/PROCLAMATIONS • Art In Public Places Presentation Director of Recreation and Community Services Perry Brents and Staff member Jamel Goodloe introduced five concepts of art for utility boxes in the City. This project is collaboration with the Lynwood Unified School District, Business District and Community Volunteers. Mayor Pro Tem Castro stated that she liked concepts two, four and five. • Sheriff Captain James Hellmold -Update on Law Enforcement Issues City Manager Roger Haley announced that the Sheriff's Department held its Second Annual Block Watch Appreciation Dinner last week where the Sheriff announced a record low in crime for the City of Lynwood. • Black History Month Proclamation presented to members of the community that organized the Black History Month activities. Item #7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY 5:21 p.m. LYNWOOD REDEVELOPMENT AGENCY 5:23 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Harry Gibbens asked Council to investigate the quality of food at the Senior Center because it is not very good. 1 Giselle Dhallin commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she supports the adoption of .Futura Taxi for the Dial-A-Ride program. She stated that she is the attorney for the company and she asked Council to vote in favor of Futura. Antonio Munguia welcomed Council Member Rodriguez back. He stated he was in support of Futura Taxi because of the work that Mr. Caballero has done for the community and what he will do for the community and the children. Harry Gibbens commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He asked that those residents with cars are not given vouchers. He asked Council to use their judgment so that the most people in the community could be served. Victor Bono commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that he is in support of Fiesta Taxi. He stated that the drivers are very kind and respectful and are helpful in getting riders in and out of the taxis. Laura Soto commented on Item #16 -CONSIDERATION OF ADIAL-A-RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she is in support of Fiesta Taxi because she depends on the service to take her son to the doctor and to the market. She said that sometimes she cannot get the vouchers but she really needs them in case of medical emergencies. Mary Lou Ferreyra commented on Item #16 -CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that the change to the way the City hands out taxi vouchers has caused a lot of problems and the way the seniors were treated was inhumane. She stated that the seniors were made to sit out in the sun and waited for hours. Maxine Young commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDElDEMAND RESPONSE SERVICE PROVIDER. She stated that she is in support of Fiesta Taxi. Juanita Herrera commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she is in support of Fiesta Taxi. She said that trying to accommodate a large number of people led to chaos while distributing the taxi vouchers. Aaron Ballard commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that he is handicapped and is in support of Fiesta Taxi. 2 Carmen Barajas commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she has a disabled son and the Fiesta Taxi service is very important because they have a disabled ramp and are available twenty four hours a day. She asked Council to support Fiesta Taxi. Angelica Mora commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she is happy with the fiesta Taxi service because the taxi drivers are kind and attentive. She stated that she disagrees with the new system of giving out vouchers and recommends that the City go back to the old way. Lucina Preciado commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She asked Council to keep Fiesta Taxi because the community is already familiar with their service and they do not want to experiment with a new service. She asked Council to experience the process of getting the taxi vouchers so that they could see what the seniors have to go through. Adalberta Tovalin commented on Item #16 -CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. She stated that she is very grateful for the taxi program and the Fiesta taxi drivers are very nice gentlemen who are very helpful. Daniel Gonzalez commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He asked Council to consider the cities in which the competing companies are licensed in. He stated that the City should continue working with Fiesta Taxi in order to support the seniors. Marco Soto commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that Fiesta Taxi has been very happy to provide taxi service to residents for the last nine years. He said that Fiesta Taxi has done their best to try to provide the city with the best transportation proposal. He stated that a lower price bid will cost the City in the long run. Ron Chavez commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that he is the attorney for Fiesta Taxi. He said that he spoke before Council the last time the item was up for discussion and he provided a packet that demonstrated Futura's track record. He stated that though this information has been provided to the City, no one has contacted him. He asked Council to not put the future of the citizens of Lynwood in the hands of Futura Taxi. Miguel Campos commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that he has worked for Fiesta Taxi for fifteen years and the company has given him and other drivers the 3 opportunity to own their own taxis. He said that his family depends on him and he hopes that he can keep working in the City. He said that Fiesta Taxi has good service, is experienced, cost effective, punctual and has contributed to the safety of the community. Sergio Carillo commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that it is an honor and pleasure to serve the City. He said that his drivers have a 94% on time rate and his company has 101 cabs plus disabled vans ready for service. He said that 8% of all requests are for vans. He said that his attorney has provided Council with evidence of Futura's bad behavior. Victor Caballero commented on Item #16 - CONSIDERATION OF A DIAL-A- RIDE/DEMAND RESPONSE SERVICE PROVIDER. He stated that he was the one who brought the Dial-A-Ride program to the City and he keeps hearing that there are not enough vouchers for seniors and thus his vision is to provide 800 - 1000 more vouchers for the City per month. He acknowledged that his company is in the middle of a lawsuit with Fiesta Taxi. Lastly he said that if allowed to serve the City, Futura Taxi could save the City $105,000 per year. PUBLIC ORAL COMMUNICATIONS Pearline Calderon stated that the way the vouchers are distributed should be addressed. She complimented the Sheriff's department for their presentation and positive leadership. She stated that at the last Senior Advisory Council meeting, a senior tried to voice their concerns but was reprimanded for doing so. She stated that she will continue to voice these concerns to Council until they are addressed. She stated that one of the seniors, Dolores Reina Marquez had passed away. Frank P. Calderon read an email regarding participation in Black History Month from Mr. Perry Brents to Mrs. Calderon, and a response from Mrs. Calderon to Mr. Perry Brents. He handed a copy of the correspondence to the City Clerk. Antonio Munguia complimented Lieutenant Rosson and his hard work in the community and he stated that he hopes the new Lieutenant will do the same. He asked Council to look into solving the problem of traffic congestion at Sanborn and Long Beach Blvd. He thanked the interpreters for volunteering their time for the Special Needs Day event on February 28'" Sandra Marquez asked Council for their support in helping her find her missing daughter. She said her daughter is sixteen years old and has been missing, along with two other girls, for a week. She said that she has not gotten any cooperation from the school in helping investigate her daughter's disappearance. 4 Jimena Morales asked Council for their support in helping her find her missing daughter. She said her daughter has been missing since January 10th and she has not gotten cooperation from the police department or the school. Beatriz Mojica asked Council for their support in improving the security at Lynwood High School. She said that anyone can get in and there is not enough security. She also asked for Council's support in helping the families of the missing girls. Miguel Campos stated that he is the father of one of the missing girls and he believes something very bad is happening at Lynwood High School. He asked for Council's support in finding his daughter. Blaine Milliron stated that he is a veteran and would like the Dial-A-Ride program to extend service to the Long Beach or Wilshire VA hospitals. Also he asked that the program extend the service to supermarkets outside of Lynwood because most stores in Lynwood are Hispanic and it is hard to find different food. CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Council Member Morton, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2010.025 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #9. RATIFICATION OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS' PREPARATION OF THE SUSTAINABLE COMMUNITIES STRATEGY RESOLUTION NO. 2010.026 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RATIFYING THE DECISION OF THE BOARD OF DIRECTORS OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS TO ACCEPT DELEGATION UNDER SB 375 FOR THE PREPARATION OF A SUBREGIONAL SUSTAINABLE COMMUNITIES STRATEGY 5 Item #10. TREASURER'S QUARTERLY INVESTMENT REPORT Receive and file. Item #11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR TRAFFIC SIGNAL SYSTEM MASTER PLAN RESOLUTION NO. 2010.027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR THE PREPARATION OF THE CITY TRAFFIC SIGNAL SYSTEM MASTER PLAN Item #12. CONSTRUCTION- CONTRACT AWARD SAND SEPARATOR REPLACEMENT FOR WATER WELL NO. 9, 3771 CARLIN AVENUE, PROJECT NO. 4011.67.876 RESOLUTION NO. 2010.028 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO DON PETERSON CONTRACTING INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $44,600.00 FOR THE REPLACEMENT OF THE SAND SEPARATOR FOR WATER WELL NO. 9, PROJECT NO. 4011.67.876 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT Item #13. CONSTRUCTION CONTRACT AWARD DRILLING AND DEVELOPMENT OF WATER WELL NO. 22 (BIRCH STREET/SPRUCE STREET), PROJECT NO. 4011.67.894 RESOLUTION NO. 2010.029 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BEST DRILLING AND PUMP, INC., AS THE APPARENT LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $646,775.00 FOR THE DRILLING AND DEVELOPMENT OF WATER WELL NO. 22, PROJECT NO. 4011.67.894 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT NEW/OLD BUSINESS Item #14. AN ORDINANCE AMENDING THE LYNWOOD MUNICIPAL CODE DECLARING A MOTOR VEHICLE A NUISANCE SUBJECT TO IMPOUNDMENT WHEN THE VEHICLE IS INVOLVED IN THE COMMISSION OF ONE OR MORE CRIMES RELATED TO PROSTITUTION 6 City Attorney Fred Galante introduced the item regarding an ordinance amending the Lynwood Municipal Code declaring a motor vehicle a nuisance subject to impoundment when the vehicle is involved in the commission of one or more crimes related to prostitution. It was moved by Mayor Pro Tem Castro, seconded by Council Member Morton, to approve staff recommendation and to have the City Attorney to look into adding language to the ordinance about making it harder to retrieve the car and including a tracking system. ORDINANCE 1ST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 3-30 OF CHAPTER 3 OF THE LYNWOOD MUNICIPAL CODE DECLARING A MOTOR VEHICLE A NUISANCE SUBJECT TO SEIZURE AND IMPOUNDMENT WHEN THE VEHICLE IS INVOLVED IN THE COMMISSION OF ONE OR MORE CRIMES RELATED TO PROSTITUTION AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #15. AN ORDINANCE AMENDING THE LYNWOOD MUNICIPAL CODE DECLARING A MOTOR VEHICLE A NUISANCE SUBJECT TO IMPOUNDMENT WHEN THE VEHICLE IS INVOLVED IN THE COMMISSION OF ONE OR MORE CRIMES RELATED TO ILLEGAL DUMPING City Manager Roger Haley introduced the item regarding an ordinance amending the Lynwood Municipal Code declaring a motor vehicle a nuisance subject to impoundment when the vehicle is involved in the commission of one or more crimes related to illegal dumping. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approve staff recommendation and to have the City Attorney to look into adding language to the ordinance about making it harder to retrieve the car and including a tracking system. ORDINANCE 1ST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 3-20 OF CHAPTER 3 OF THE LYNWOOD MUNICIPAL CODE DECLARING A MOTOR VEHICLE A NUISANCE SUBJECT TO SEIZURE AND IMPOUNDMENT WHEN THE VEHICLE IS INVOLVED IN THE COMMISSION OF ONE OR MORE CRIMES RELATED TO ILLEGAL DUMPING AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #16. CONSIDERATION OF ADIAL-A-RIDE/DEMAND RESPONSE SERVICE PROVIDER Assistant City Manager Robert Torrez introduced the item regarding consideration of a Dial-A-Ride/Demand Response Service Provider. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to do away with the bidding process. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Mayor Santillan, seconded by Council Member Rodriguez, to approve the two year contract with the option for an additional year along with the recommendations of the senior advisory group, to Futura Taxi. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: COUNCIL MEMBER FLORES ABSTAIN: NONE ABSENT: NONE Item #17. REVIEW OF BOARD AND COMMISSION MEMBERS City Clerk Quinonez introduced the item regarding review of Board and Commission Members. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approve THE posting of commission vacancies. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18. SUBSEQUENT NEED ITEM -APPLICATION FOR FILM PERMIT a It was moved by Council Member Morton, seconded by Mayor Santillan to add the subsequent need item to the agenda. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Director of Development Services Jonathan Colin introduced the subsequent need item regarding an application for a film permit in the City of Lynwood. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro to approve staff recommendation. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Flores thanked everyone for attending the council meeting. He recommended that a section of the Lynwood N'Perspective be dedicated to missing children. Mayor Pro Tem Castro stated that she has been complaining about the quality of the food at the Senior Center and asked staff to look into making the company that serves the food perform better customer service.. She said that Council will do whatever they can to help the families of the missing ~ children. She said that she already sent a message to the members of the school board and the principal of the high school to set up a meeting and she pledges her support to the families in order to find the missing children. Council Member Morton stated that he did not recall getting a report of the missing children in the green memo. He asked staff to include missing children in their reports on the green memo. He stated that the community should expect the same courteous service from the new taxi company and if the new taxi company does not live up to their commitments then staff will let Council know about it. He thanked everyone for coming and stated that there are difficult decisions to be made but they are made from the heart. 9 Council Member Rodriguez stated that it feels good to be back and that he missed everyone. He thanked his colleagues, the City Manager, Sal, Lulu, and LRA for their support. Mayor Santillan asked the Public Works department to find out how much it would cost to change all the signs in the city. She thanked Deborah for putting the two new ordinances on the agenda. She asked everyone to put the word out about the new ordinances. CLOSED SESSION It was moved by Council Member Flores, seconded by Mayor Santillan and carried to recess to closed session at 7:49 p.m. The City Council reconvened at 8:22 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #28. CLOSED SESSION ITEMS A. 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: 1. Name of Case: NRDC v. County of Los Angeles Case no.: 08-1467 AHM (PLAX) The Council, by motion of Mayor Santillan, second by Mayor Pro Tem Castro, and carried unanimously, authorized the execution of a tolling agreement with the County of Los Angeles to put the potential contributory claim by the County on hold and authorize the City Manager to sign with the City Attorney's approval as to the form of the document ensuring that the City has a right to terminate that tolling agreement within thirty days. Zo ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, and carried to adjourn the regular Lynwood City Council meeting at 8:23p.m. Maria Santillan, Mayor Maria Quinonez, City Clerk 11 ';--4~ r.~ ,~,i~, AGENDA STAFF REPORT ~j' i ~~-,.: -., DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council. APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Robert S. Torrez Assistant Cit ~llana er -Administrative & Y g Community Services Lilly Hampton, Accounting Technician SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for Fiscal Year 2009-2010. Attached Warrant Register dated March 16, 2010-------------- ITEM N CD O n n ~~ .-. 3 ~~ CD O as n .~ ~ n O O O 01 O O O ~ ~ ~ ~ ~ ~ ~ o O O ~ ~ ~ .. W 0 0 O N ~ ~ O v O ~ ~ C1 ~ ~ ~ 1 ~ ~ ~ ~ O O O ~ O O ~ -~ -~ O O O O O N N O O O N N ~ ~ O ~ 3 N ~ N ~ N N N N O O N N N tD O O O O O O O O O O O O O O O O O O O O CO O O (fl CO CO CO CO CO C4 O O O O . O O O O O O ~ O O O O O O O O O O cD CJt O Cn O CJt O' O --~ ? 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N N N N N N N N N N N N ~ N v -6 W W W W W W Pi ~ O O O O O O fD j _ _ _ _ _ _ ~ O O O O O O O O O O O O N ~ N N W W ~ 3 N ~ J W W Cn O A o co rn rn eo rn w D D Z p ~ ~ p O ~ ~ m ,_ ~ n m z O z ~ C7 Z N ~ r ~ D m D ~ ~ ~ ~ ~ Cn ~ = C D p D n fp z m D ~ ~ ~ O D c~ Z D ~ ~ ~ C7 O x ~ N -{ N N N n p < ~ O O O N ~ ~ O O O j O N O O O a 0 0 0 ~ ~ -o O ° 0 0 ° 0 ~ 0 0 rn o rn 0 ~ rn O ~ N _ Ui 01 -J O CO O N .Z7 O C7 N N W N r ~ -' m -' m J~ J Cn J C7 A p ~~ e° e,~ nG~ ~o~e° °Om °m 2 ~m ~ ~m ~ enD ~ y ~ ~ = ~ ~ n ia~j cn ia= o ~in~~~ cn cn cn cn ~~~ 0 0 ~~ o iac~ cn r wr cn m w~ to o~ ~ =. - Z w ~ D ivr Qo ~o~:Ai~~ c ~ ~~O ~ ~O wm w~ cn ~ iam cn o v a 0 rn cn2 o r on N n w cnooo0 o 0 z o Z cn ~ om R7 oZ o~ w 3 b~ ~ b~ y o~ ~ o~ b~ ~ o~ b> C7 ~ 0~ C7 ~ a~ z o~ -~ ~ r a> D cn m o ~ w~ r cn cn cn cn oooom ~ o o ooh o o~ v .~•~ D -~ .A J m ~ ~~ N o ~ ~ ~ N~ o m co m o 0 0 0 ~ ~ N W m cn o p w m o p o ~ o o m cn o ~ cn m D D n ~ ~ D D rD m ~ n ~ ~ m cn m 0 0 0 ~ o ~ o ~ 0 0 0 r c ~ Z c Z ~ m c v a V ~~ ~~ ~~ O CO ~ ~~ 07 W O O D N N tD O (n O V W N W N N A A O O N N ~ O A O W V O J -~ W 00 U7 W (JI Cn lD c0 O O ~ 1 v O W W W t0 O CT N O 00 O 00 O O c0 CO O O ~ -• W Oo ~ Oo A A O W N Oo O Os O O O O V J O O W W (J~ O 00 --~ ~ -~ O N N -+ ~P O A O O O O O O W W O O ~ O < N n N ~ N N N ~+' O O N ..a t0 ~ 0 ~ ~ r ~ `~ lD ~ ~ o r o a v m N N co (D W O O W N N N W N O N N ( 71 ~ C 7i \ O O O _ O O O O O O ? ~ W N O CO CT ~ O O -i Z r = m z m ~ p O ~ Z ~ O O D • W ~ r ~ N N C Jl ~ O \ O _ ° ° O cfl O N ~ _ O O N O O N N N O_ O O O O O O D r O z D z n m W J rn V W N N O 0 rn rn N N ~ ~ O W N N ~ ~ O_ O_ O O ~_ ~ W ? W Cn rn ~ p m m r ~ ~ m cn _ m y n ~ C O_ O_ O O rn N V N N N O_ O O O N O A V m O D N O O o ~ N N C 3 n ~ ~ ~ S n O ~ ~ O Q N N N ~ ~ v a v ~ O O ~ j _ _ ~ O O ~ ~ ~ ~ ~I N ~' O O O ~ W D ~ m ~ D ~ ~ C = m ~t = m ~ --I ~ D z m O C ~7 n m ~ p ~ O _ • O 7 fD C O ~ Q 0 0 0 0 0 ~ 00 00 OD N ~ O O O O O ~ ~ _ O O _ _ ~ O W W W W ~1 CJ~ ~I J ~ O Cn 0 o D o Z o Z o p o j ~ o~ ~ m o -D o y o O i p ~~cn ~m~m -. G7 ~m ~~z ~~ ~~ ~m ~ ~ •a> o~ cn b~ p o~ p o~ D is ~ i,.w iv D o iw o~ cn w o n ~ ~ o w cn =• 0 o m o D o y ~ o ~ cn = cn _ ~ w m ~ ~ ~ A~ ~ z z C7 n C7 ~ -~ W O z w~~ ° c i~ ~ ~ o~ w ° ~ o cn ~n a, c m m 0 ~~ o m cr ~ ~ m cn ~~ o p o ~ w~ ~, rn y rn cn cn m rn rn N Z N Z N C rn ~ (n N ~ N m >z CIi A m A n c n n cn cn n ~ cn ~ c p ~ < cn ~ c ~ o m o n o c C C ~ C7 W 0 T ~ O ~ ~ ~ C7 ~ ~ ~ ° ~ D m ,i x ~ ° ° ° ° ° m ° D ° ° , , m ~ d ~ v z ~ ~ Qi of .. .. .. .. .. ~n .. ~ .. .. N N D (T ~ W~ ~ W W W W N N ~~ N N O O N N CJ7 Oo O U1 CJl U1 Ul ~ ~ -• ~ O c0 CO c0 CO O O ~ O V CO O O O O O V ~l V1 CT O A A O O O O G1 ~ ~ U1 ~ O O O O O O O cD ~I N (n C77 O O O O O) ~l ~ O N O O O O O (71 Ul V W •A W W O O O O O N i. r o < N C1 N ~ N N N ~ O O W n ~ O ~ ~ C'1 ~ ~ ~ ~ o ~ o a m ca W O N (T O A i ~ ~ (~ N O O N O ~ ~ ~ ~ m m o N N O 7 p p ~ O S 6 O N 0) ~ 3 V ~ N 7~- N O O C ~ ~ ~ .. m O ~ v ~ ~ phi D ~ ~ m w N O_ O 0 0 0 0 0 07 C r O ~ o ~ iv D cn ~ o Z ~ ~ w r ~ ~ Z ~ ~ o Z ~, m < ~ ~,° ~ ~ ~ ~ ~ r m o o ~ o y ~ ~ ~ ~ ~o 0 0 0 ~_ ~_ O) W ~P o cn cn v w :p 0 0 0 can cpii can °o °o °o ~ ~ ~ < o0 a, o m N C 7 ~ n ~ W i n O fl. <D N ~ N ~ o o ~ O O ~p O ~ ~ a ~ O S m G7 D C7 O n O ~_ ~~ C CD Q O n O O 0 ~o N n a' 0 D 0 c N cn ~ N N V V -~ ~ 0 0 0 o N D W W O O tD CO O O ~ -1 O O O O O O 000 N V ~ t0 ~l ~ A ~ tJl N --• U1 ~ O) Cn CO O er o < N Cf N ~ ~ N N '+ O O A n ~ ~ O C ~ n ~G ~ 3 ~ o ~ o a '~ 0) f0 O A v v m N 0 N W N O O O O O_ O D 0 ~. n ~_ O z m 0 n z m n O Z C D Z N 0 ~ ~ ~ 1 ~ ~ -..~ O W N N N N N N N ~ 3 n ~ O p p ~ ~ p N n ~ o c o o a ii c O ~ Q N W W W W W W j N N N N N N N ~ 6 N N N N N N N O O O O O O O ~ ~ ~ ~ ~ O O O O O O O ~ O O O ~ O O O O N W ~ O ~ C )i W U1 W O. V p A O -~ J1 ( W ( D O O -~ C CA ~7 .2 G7 C) D v' m O m z < ~ D < ~ Z Z ~ m D O m - T. ~ ~ Z c- C r c7 m ~ ~ ~ r O ~ tv N z m ~ N m m p ~ ~ O m p Sp ~ ~ D ~ m ~ z O ~ D c~ - ~ ~ ~ ~ D m ~ ~ n O x W W ~ W N N N N -{ ~ N N N O N ~ ~ ~ , C7 W ? W N O < U1 O O 00 ~ O CO CO A N O J ~ ~ ~ V ~ n j O O N O N O N ~ i U CJl CT N V ~ A W O I O O O 00 o 0 0 0 0 0 ~ cn cn cn cn cn O 0 00 °o 00 °o ~ rn rn rn rn rn N N N N ~ OD ~I U1 A c0 O oooD om om jD om jOjOjOjO jD~ m ~ iv iw ~ w m is ao w ~ ism is z w ~ w Z w Z is ~ =. ~ ocnoD cnc ~c ~~ ~c ~m~m~m~m ~~ ~ O Livia is ~ w cn w m w~ w~w~w~w ~ w m G7 0 0 ~ ~ w N w m cn w ~ ~ ~ ~ ~ cn c ~ cn cn ~ o m o ~ o ~ o m cn ~ cn ~ cn ~ cn ~ o ~ 3 y cwi,~v C7 °~ ~ ~ m ~ m ~ ~ ~O~O~O~ O ~ m n ~ o w co 2 o m o Z ~ o m ~ j ~ ~ ~ n .PCflcnD wZ w-~ ~ wZ ~ ~~~~~ ~ O oc~o ~ cn ~ cn o m cn ~-I o~o~o~o'v o m ~ m ~ m m m m ~ ~ ~ ~ ~ ~ W ~ ~ ~ c c c c 0 0 0 0 0 o m m m m o ~ ~ °' °' °' ° m m m m ~ N N N Ul ~ V .A W ~ O O D (~ ~ ~,.> ~ ~ ~ .~ O O .s ~ N (T ~ W A N ~ 3 W O p p O O O O 00 00 O O O O O ~ p ~~ O C 00 O 00 CO O O d1 O O O 01 O V ~1 ~ N ~ W W W O OD C7t O O O O O O O O W O N N W W W ,0.. o < W f7 O ~ ~ N N '+ O j O N W O h ~ y `~ o > O C ~ ~ n 7 r ~ ~ ~ ~ ~ ~ a ~ r ~ °o _ a m ~o v v m N rn N O O O W N O O O O O V p D r C z O m z D r o ~ v O O W O COJi W N rn N O O CJ7 W .~A N O_ O O O O .A N V m n D C7 O N N W W N N O 0 o W c ~ rn rn rn ~ ~ O ~ A W N ~ O a v a ~ A ~ ~ N N N O O O ~ ~ _ _ ~ O O O ~ ~ A ~! Q O ~ O O , O ~ O ~ z n m ~ ~ ~] ~ m C z z _ „ ~ ~ p m y ~ p ~ ~ n m z m ~ C7 ~ p Z C r D Z -i N ~ 0 O O O p O A 0 O J J U1 J J ~ O V O _ I ON N ~ ~ O A A ~ ~ U1 A ~ O O O ~ ~ Q ~ ... 0 0 0 0 0 0 0 0 0 0 0 0 ~I J J V J J V J J V C11 O O O O O O O O O O O O O O ~ O O O O O O O O O O O O O O O O O O O W W W W W W W W W W O ~I .p ~I A V A J A A V N CO N CO N CO N CO N N CO N ~NCN~N ~ -~-~~ ~ ~ r NCNCN~NCNCN~N ~ ~ Z o Z~ Z o z o 0 o m ° O ~ Z o Z~ Z o z~ Z~ Z o Z ~ ~ ~ ~ ~ ~ T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ T ~ T ~ ~ ~ -j- ~ ~ ~ p p p p "' "' a o m n' N ~ Z ~ ~ ~ U' ~ ~ ~ "' ~ ~' ~ Q1 ~ ~ W c i, c i, c n n c i, c Z n .c n c .c r, c n .c n ~ c n ~ O ~ O ~ O ~ N N E ~ A +n O H O ~ O~ O ~ O ~ O~ O ~ ~ ~ W ~ ~TJ O .Z7 Cn .Z7 O TJ O O O CJi CJt 2 O CJ~ ~ ~ ~ ~ ~ ~ Cn :U O .U (T :0 O :f] (Jt ;L7 CJl :U O Z7 W O ma,m~mo,m a,~Q,~ a,~ ~m~ma,ma,mQ,m~mo,m a, Z N Z N Z N Z Ut A Ul m A L NZNZNZNZ NZ N ZN Z N ~ O ~ O --~ O -~ O O O Z O m O H O -{ O -~ O H O ~ O ---~ O~ O D~D~D~ D ~ ~ NON - { ocno -' cn ~D~D~D~D~D~D-' D ~ ~ ~ ~ ~ ~ ~ ~ r r~r r D r r r r r r r 0 v m N C1 -a O 7 D n n 0 c '. 0 0 o 0 ~ v d a D A W N N ~ 01 O 3 _ _ _ A O A W W W _ N O _ _ _ _ _ O O O OD 00 00 O O O O O O D 00 t 00 00 OD OD 00 ~ N N N ~ Ut ~l 00 f71 U1 fD N Ul N N N N N O O ~ A A A A A A O O O 07 ~A N A A ? A A O O , .' o < w ~ o ? N 'y'- O 0 N W W O D 3 `~ O ~ _ n r ~ `< N ~ -+ o r o a -o m m N 91 (D W N N C O O c c n n S S ~ O ~ ~ N fl1 ~ O N ~ ~ n O O ~ ~ N a 6 N 0 0 0 0 w .A N N CT CJ1 Cn Ui N O O M ~ W O fl1 C ~ n ~ S O O ~ d N N o W °~ c ~ N ~ ~ ~ ' n O O. N W N O O 0 0 0 O n D r C Z ~ I O m z D r i11 v ~ N ~ 7 3 O_ O C7 O 7 ~~ m a 3 O A O v O .a .a lC l0 N N ~ ~ > > V ~ W W N 00 N N ~D N X71 f71 Q1 A D O C 7 .t o < w ~ o ~' ~ N N ''- O O DD N W W O n `C O O C ~ n ~ 3 3 ~ o ~ o ~, a N fC N W v v rn rn rn ~ ~ O ~ O O w w w .1 rn ~ rn ~ rn N N N O ~ O ~ O ~ O O O O O O N ( T ~ ~ ~ w ~ cfl W D ~ D n = D ~ p ~ m D ~ C7 D ~ D ~ ~ D ~, r C ~ m m z G7 CO (O CO t0 00 N ~ -' ~ ~ ~ 00 00 00 O O O O O O O O O O O O ~ N ~ N pp cn cn w w o D W ~ O a ~ o o rn N O O W W ~_ N O_ O O O CT W ~D D m Z n W O v o W rn N ~ ~ O ~ n ~ O a w ~ N 0 v O N 7 O ~ O O ~p O 3 ~ a ~ o N n z C :(1 z D c W O m m O 3 O ~ O O ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn rn rn rn ~ rn rn rn rnrnrnrnrnrnrnrn ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N ~ N N N N N N N N N N N ~ N N N U1 _ •A O _ Ut V _ _ _ _ _ _ _ _ CO (O CO CO t0 Cfl CO CO (r 00 00 00 ? ~l 00 O ~ W W Oo W W O Oo W O ~ O~ 6» O~ o o o o ~ ~ -C o ~ Z A W A y .A ? A A A ~A A~ C7 o 00000000 o o m m m m _ _p ~ y ~mj~~~~~~~ -~~ ~ ~a~:A~~ ~ O O p p A r cn ~ ~ o = m z ~~~~~Z~~~~~~~~ Z ~ ~~~~~~ is cn cn cn cn Dc~i,D~Dc~ii D cn ~ Q0 o p ~ p~m~n~~ c°°o~~~coi,paoo~ °oc°Doc00oo~0~ Z ~ c~"'i~ ~o~o~o ~ tea,-<a,~a, -< cn cn a, C o~ ~ NCno~~~~w m ooCcn~o o>~b~Co~~b~o~o~rnb~o~o~a~ m o o~ D N D N D N D ~O~O~O ~ CT ~ O ~ O~ CO ~ N N Z7 N O N N N N N N N N ZJ O~O(70~700000000 Z ~l ~ cnv,cn~,cnU, cn No ~ ~ ~ cn~cnycn~cncncnincncncncn ~ o ~ ~~i ~ ~' z r m o ~' z z z z ~ ~ ~ m < m m m m ~ m ~ < m _ z ° ° ~' m ° ai m p m ~ O ~ ~ v O v m N .. 0 A n O c N 00 ~ 1 ~ (~ ~ ~ ~ ~ ~ ~ ~ ~ N N D O O O O O O O O O O O O ~ -~ A A W W CI1 Ui N N C11 U1 C O O O O O OD N ? C77 C O O O ~ ~ O O O W O N O O N N N N N N N N (T U1 C71 U1 U7 CT C71 C71 N N N N N N N N -~ -~ ~~~ -' ~~ N N O N N N N N V v CO CO N N C1 O N N O ~ K o < w ~ o T ~ N. N ~ O 0 0 O N n ~ 0 O c n r s ~ c~ o ~ o ~, a v ca w cn m N o W o w < ~ N N N N N N ~ O O O O O O n S 7C (p y ~ Ul A~ W N ~ n O N p ' '- O. ~ O O W W ~ ~ ~ ~ SU C rn rn rn rn rn rn p ~ '0 ~ 0 co N O N O ~ O O O ~D j N O O O O O O ~ ~ D O O O O O O ~ O O O o O ~ O O N W ~ cfl w ~ A ~ ~ a p A A N ~ O W ~ o m ~ ~ ~ D Cn m Z ~ cn O f~ O ~ c r C7 C z ~ ~ D ~ m ~ ~ n O m z ~ n n CA c7 D C ~ ~ 'r D ~ < < Z n D n n m n ~ ~ m z z z ~ ~ 0 0 0 CO CO CO .A O .~ ~ ~ ~ ~ ~ CIi U7 U1 U1 U1 . CT .~ ~ N N cD N C7 3 ~ O 01 O W O O O O O O O CT A A ? A ~A ~ W O' O j ~ .. O n ~a A A O OD 00 00 V O O N ~ O N O ~ A N N C f'1 N ~ ~ ~ ~ W (Jt O Q- ~ 0 ~ i` r ~ ~ c~ o ~ o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ w rn cn cn rn rn rn rn rn rn w w rn rn O 0 0 O O 0 0 0 0 0 0 0 0 N O N 0 0 O O 0 O 0 O ~ CO O O Ut (T N N N N N N N N N N _ ~ ~ N ~ N N (O Cfl 00 W 00 W W OD 00 Oo Oo Oo 00 CD CO CO (fl Cfl CO ~I -~ O W .A N 00 D~~ rn D omo ~ ~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~ o 0000000000 ~~~ v 0~0~ O C o~ rn o ~ ~ A ~ ~ W A A A A A A A o~c r, c ncn m n ~ nZc n~c n~c n~t~i~.c c ozo Z ii ~ c c n ~v .A ~ ~ wiw Tl ~p.pmAm Am.p mA m i.>pN ~ n ~ cn D .P cn m~ cn ~ ncnDo Z cn A~ ocn N N N N ~ N N o~oDoDoDoDo D cn c oCno CA o r o 3 crn ~ ~ N~ A ~ ~~ n N N Q a~ o~za,za,z~za, z W m W O W ~ W ~ W ~ W ~ ~m~ m NZ7 N .Zl rn m Cn .7J ~ N D n O_ W O ~ '~ O_ O_ O O O O O O r = = = N = = O~ O_ ~ N O~ O ~ O C n ~ CT~CO U1 CT ~ II U7 ~ C CT Ut CT C 71C7CT C) T cn cn z O ~ ~ m m m m m m ~ ~ ,'~ m m = ~ ~ ~ ~ ~ ~ z ~ - < Z ~ D ~ m Z n n o ~ ~ m m m m z O ~ ~ m D D D D D m D m a D ~ _ o o o ~ o ~ o ~ ~ ~ ~ ~ ~ c n z <_ 5, ~ ~ in v~ in v~ ~n ~ m ~ ~ a+ n D n m m m m. m ,~ cc m O N W A N N W D ? OD - U1 O .~ ~ ~ ~ ~ ~ lD A ~A N N 00 CD 3 ~I CJi O) OD OD O) O --~ N W O O e0 CD cfl 0o Oo A O O ~ N ~ V A W 00 O O W U1 O O O CT . CJi t0 (O O O ~ 00 N O CO W' O W W O W Gf O O C71 O O O O O O O O O O O O O O O O OD OD N N O O O O K N N O (D W ~ ~ ~ ~ ~ ~ ~ N _ A W -~ O CO 00 W W W W W W W O O O O O O W N N N N N N N O ~ O ~ O ~ O O ~ O ~ O 0 0 0 0 0 0 0 O O O N O N N V ~ W 1 O (T O Oo O Oo CO O N n ~ ~ D ~ ( ~ ~ m m ~ D ~ ~ ~ r D m m D D D D ~ ~. p Z Z Z m ~ -~ m z G~ v ~ ~ O ~ o~ ~ O ~ m D D ~ ~ Z ~ < ~ ~ m D ~ ~ ~ O n Z ~ n ~ N N N N N V W ~ ~ O O O O O O 0 O W 0 ~ O O O ~ C D O N N V W w cn cn cn m w J i U A W w O W C 7 ~ ~ C'1 7C S n v ~. ~ O O. N W W ~ ~ ~ ~ N O O N j _ _ ~ O O O O O O ~p ~ ~ ~ ~ C O W a ~ ~ o D D ~ p ~ ~ D ~ ~ m n W C m m n Z n C7 ~ ~ w m rn a 0 0 O ~~ co rn ° ° rn ° 'v ° rn rn rn w o 0 O 0 0 0 O O O 0 O 0 O 0 O 0 O 0 O ~ O ~ \' t 0 U1 W W 00 O O 00 O N ' ~ W N W ~ N W O CO O -` N (O ~ ,n N 7~ N ~ N (n ~ ~ A ~ o O :0 ~ -i o ~ ~ o N ~ o ~ o O oD ~'y~D°~ v om m = ~m m ~ ~D ~ D n m ~ ~ m ~ ~cn 0o i ~~~~ m~ m~ ~ :A ~ ~ j~ ~ W ,~ b~ ~ m ~ z o~ z b~ cn ~ ~ s o ~ cn ~ cn ~ cn ~ cn m ~ m cn ~ o ~ o ~ cn ~ o a cn ' m N r N D ~ ~ ~ N ~ m Z ~ ~ Q ~, ~ ~ z D ~ ,= O ~I fl o p W cn cn cn cn o D O Cn cr = Cn ~= Cn o n o~ (T -i o ~ o ~ cn ~ b~ p a~ ~ ~ ~ o~ z b~ ~ rn -D b~ m ~ ~ ! D ~ ~ A Z ~ a cn 0 ~ N D ' N ~ O cn m CIt m ~ Q O O O CT O Q U7 O p cn ~ O ~ N~ W ; O O C f C'f cnO oDoDoD om om om oZ cC°o~ o~ cn c m ~ ~ ~ cn cn ~ ~ ~ n .~ cn cn m m ~ p O o ~ cri~ < ~ m o ~ ~ cri~ n m ~ T -1 ~ ~ ~ Cn ~ - ~ ~ ~ ~ ~ TI ~ TI ~l d N ~ ~ ~ Al ~ ~ ~j ~ N Cfl .. ~ .. .. .. .. .. .. .. w w D N O W W W N N W W ? A ~ -' N 3 Ul W W U7 Ul 00 OD A A O W N V7 N N !D CO 00 Ul O O N O O O 0 0 V ~I CO CO N N X71 (T ~ ~ W W :A CO C O O O ~I V O O O O t0 CO N N O O X71 CJl O (O O N~ N N O O O O OD 00 N1 CJl O O O O O~ K O W C7 O S N 'y'- O O O O t0 N D 3 `~ O ~ _ C'1 r ~ `< fD ~ ~ o ~ o a N (C N W 7 (D A ~ N ~ N N W N W w w W rn rn rn o o o_ _ O O O O O U1 W V O N CO _ W OO N D D D z D Z Z z D D D ~ ~ O Z z m p m N 1 N ~ N ~ N ~ N N N v ~ O ( O O O w w w w w rn rn rn rn rn 0 0 0 0 0 0 0 0 0 0 O O O O O O ~ W W O N CJ7 DV 00 DV CO ~I A O O) W ;(J :U :U O m D D ~ ~ ~ --~ m ~' ~ ~ D ~ ~ n m v ~ n ~ ~ ~ ~ ~, ~ m ~ ~ z n n -~ z m ~ D n ~ n n O N N N ~ ~ N -~ ~ ~ C\7 C T ~ (O C~ CNO j COJI ~ N \ N ~ J J N N O O O ~ N O W O O W ~ O f J o W N N ~ 3 ~ N N ~' O Ui A ~ O a w w ~ rn rn v ~ 0 o m ~ 0 0 ~ a J J O O O D 0 r ~ m J ~_ 0 ~ ~ n D ~ ~I m r D O n D m r r n ~ 3 N < N O ~ O C7 O ~~ m a 0 0 0 0 0 0 0 0 0 0 ~ rn rn au rn rn rn cn rn cn o p 00 00 °o 00 00 °o 00 00 0 °o ~ ~ ~ ~ N N --~ O O O CO CO ~ N N f0 Ul CO O O) ~I V W A A O ~ O) ~ V A W L7 Ln ~ Cn O ~ (O O U1 o~ o~ o p o~ o~ o~ o m o~ o r cNO p v ,'D D p jDcnD ~D ~~ _ m ~o~ y ~,-~ ~m ~ ~~ :A~ ~o :pm~m ~_ ~,,,~ ~m wcn ~G) cn cn o ~ cn ~ cn ~ cn cn cn r cn n o C7 ~n ~n J~ ~~~-I ~ W W Z ~D wD NO o~ o~ om o~o~ o~ .c~'`'i,m or oZcOOi,~ 3 ~~ b>~ rnm rnD~D rnr rnr rnZ rnm rn~ D o rr1 o m N to ~ cn ~ cn o p7 N N o~ ~ ~~ ~~ oD io~o~ ioZ ~Q o~ o~ ~~ ~ cD ~ co ~ cn ~ o Z o Z o ~ cD ~ cn Z cn co p 3 O O m ~ ~ ~ o ~ ~ ~ ~ C C ~ ~ ~ ~ ~ :(J ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ m m ~ -i o -i n -~ ~ ~ N O N O O (/~ (/~ O O O~r. ~ O O O ~N C1 N 01 ~ ~1 G~1 p1 ~ S1 N Al ~ .. ~ .. .. .. .. .. m .. .. .. W N ~ D N N N O O 00 O OVO N N N N O O) ~ -~ N N N ~ (T fJf C77 O O W N C7 A A 4n V7 f7f U1 N N N Ul O ~ O O~O O O A N N Of O) O O O O V V O O O O O O O O C1 O O W W ~ 0 0 O O CT CT O O O ,~.' o < W S O N ~ O 0 0 0 co N ao D n ~ O ~ _ C'> r ~ ~ ~ o ~ o ~, Q N (Q fD A LU CC] CD U'1 rn rn rn rn A A O w rn rn O O_ _ O O O O O O C W N W W ~ W C7 C7 O O z ~m r_ ~ O = c m ~ ~ ~ ~ O ~ Z 0 m -n i ~ N o ~ ~ N O Z O S rn rn rn rn rn rn rn rn W V ~ CD O O ~' j ~' N N N N O_ O_ O_ O_ O O O O O O O 0 0 ? (P v ao v O CO O ~ N C71 C7 C7 C7 C7 r 2 ~ Z D D D m G7 O r ~ m 0o O ~ z ~ O o m D -~ z m Z D ~_ Z O w X ~ O ~ O O O N ~. ~ CP CT o w ~ w o W c 3 rn rn rn o ~ W A W ~ 7i C ~ O a N v m N N O O O <D ~ _ _ ~ O O O O < ~ 0 f D ~ W A W a A V N O W W n C7 D D r ~ ~ o y ? o C7 0 m O r°.°> p w D ~ Z D ~ o ~ o y n m ~ O ~ O z ~ ~ ~ ~ D m O ~ c i~ r C7 Z m w ~ ~ ~ W W ~ O ~ ~ fD (7 0 ~' m a O ~ ~ OW O ~O O ~ O O O O O O O O O O O O O O O O O W CO -~ ~. O (O (~ ~l v ~ N O O) ~ ~ COO o D o~ o~ o~ o m o~ o~ o~ cN0 ~ o m o m ~~ a,y ~ ~ c> m;m~m ~z ~~;0 A m A ~T'I W ~ A m d1 ~ W .Z7 W '~ W '_0 ~l ~ N Cn CTI (n o Z cn o m cn ~ o o D o D o D o c cn -~ cn -{ N TI 1~ ~ N~ A (n V~ N -{ N~ N ~ N r N ;[7 W .U ~O ~~ Vcn cnD oD cOZmzcOZ ~ w~ oDoD cn~ oD Cn2 0~ ~~ opopop cnZ cn~~~ Win. ~m ~~ ~~ ~T. w~~~~~ ~~ ~OrnO N O m CT N O CT (1i CJl N A ~A o m o o p o r o n o c o c o c o~ o Z o? ~~ ~~ Ac ~m c00 N~N~N~ ~m ~C)~0 cn m cfl o m cn y c0 ~ o ~ o ~ o ~ cn ~ cn . cn C~ ~ Z ~ r r r ~ 2 ~ ~ O D m m m z D ~ ~ ~ cn cn cn m o ~ m ~ N O ~ m O <_ ~ ~ m ~ z m o npi o ° o ~ 0 0 0 0 ~ d N 0~_1 fl7 ~1 ~ ~1 C1 Cl Cl W (A ~ -~ W W N ~~ N N W W W W V N N CO CO A A N N N N N ~~ A N N N ~I G1 Cn C71 (Jt N CT C71 (P O O O O 0 0 V W W N O O O O O ~ CT O O N CT (J7 N~ O O N Q) (A O W O O O O O O O O V~ ~ ~ O O O? ? O v N n ~, a O D n O c 7 '. D O C 3 K o < w ~ o ? ~ N N •'* O 0 0 0 N 00 `~ O O C ~ C7 r ~ ~ ~ o ~ o Q C1 (fl N m m O N O A O W N O O O O W W A A D r C C7 O c z n D ~_ O z z n A O O O N W N O_ O O O A O O O n m D W W w ~`' N N O ~ o O O N O A W O N O_ O O O O N N O C7 D C O Z n A A O O cWii w CJI A A o0 A o0 N O N O A W W O N O_ O O O O N N O C7 D C O Z n A A O O rn ~ A Oo w w ~I J O N O A N W O N O O O O_ A A A C7 D C7 O O O A rn O ~ O .1 O ~ O J O ..1 W W ~ N J O O Z Z Z Z Z 2 2 = 2 2 O W O C 7 N n ~ O S O n ~ O O. lD W ~ N v ill O N ~ O ~ O O ~p W ~ W Q ~ O O O C Z ~_ m -n 0 m 3 L O n m O O O O O O O O O O O O ~ ~ O ~ W ~ d7 ~ V V v v v O O O O O O O O O O O O O ~ p O O O O O O O O 0 _ _ _ _ N O O O A 00 00 OD OD ~ W W W W W (O ~ C71 U1 U1 U1 00 O C71 A A A CO A Ui CT CT U1 W A O V ~l ~I O ~-~ rn~rn ~ O JDJ D O O vDJ D O O N O ~cn~rw O O W O O O ~' ~' ~ ~ O ~ O m m ~G)~ ~ c c ~j ~ c c ~~~ ~ cn ~ m = O ~m~C~°~~~~~~ ~ ~ i,w ~ :p ~ ~ ~ ~~~ ~ ~~A ~ - ~ D cn o~~~~o~~m~m:am omo OO o o ''• cn = cn~cn ~ cnvcn ~ cn ocn ~ r Z Z Z Z ~ W O .A ~? ~J A D A D ~ D .A D ~~ ~I T N O J N TI IV TIN TI O W z CT Ul D 0 N .ZJ N ;(7 o N .Zl N .Z7 o o ~ o m A (~ ~ ~ ~ O ~' O ~ O cn cn o cn ~ o cn 3 o ~m o 0 -~ ~C~~ o -~ ~ ~cn~cn -~ -~ b~cnrn~ ~~ ~ ~ m ~ o>~~m~~n~n~n D cAi, ~ oZO z o 0 0 0 0~ o~w~womomwm ~ O D -~Dj ~ < A A A A n N~ o O -•nC0<CO~~~ ~CO~ cD < co cn cn cn ~ O ~ cn cn cn cn cn c m m m m c = z = cn m z z z 3 " m ~ m m z -~ ~ ~ D c m r m ~ O m m m n z m ~' 00 n < < < m ~ 0 ~ c ~ m n n c~ ~ o v o ~ 0 ~ m D m m m m s ~ Z Cn Cn cn D .. .. .. .. ~ ~ .. o ~ w a w .I rn rn rn w D ~ N A O V ~ ~ O N A N N Uf N W J7 C U7 V O O CO ~ A V ~D Ul A CO V -~ 00 00 N N 00 --~ A ~I ~ CJ C O O V O ~ O A ~ ~~ O7 O CD O Ul O CO (D O O O 00 O N tD W O ~~ O O W O O W O ~ O < W C1 O 3 ~ N N •'- O O O O ~O N D n ~ O ~ ~ n r ~ '~ lD 7 ~ o ~ O rt fl. c~ o~ cn m rn N O A W rn N O_ O O O_ ~A O O m C7 O D n O z D n Z O z n O O rn N W W W rn N O_ O O O W A O V m 0 O Z O O Z O 2 Z z m Cn W O W ~P W 1 J J A J O N rn N W N W rn N O_ O O O O) 0 c D m D O z D N O O O rn N W W rn N O_ O O O O O (b 00 m m r O m n m N V Cn rn N W Cn O W rn N O_ O O O W O CT W D m ~_ r m D O Z z D N J N O_ O rn N W O W rn N O_ O O O W W N m -~ O m C C7 m n -~ r m n m v J O N W rn N (P .? W W rn N O O O A O N A m D m Z O m D Z O D -~ O z O (b rn N W .A J W rn N O O O O_ W 0 O) D D fJ C_ n z m O ~_ O Z W J O O o ~ °' N c ~ ~ ~ ~ ' n O O. N W ~ v ~ o ~ ~ _ O ~ O O ~p W 3 a ~ o D D r C C7 O C Z_ n D ~_ O z Z C7 i o 3 < ~ O O .7,. N ~ _• n ~ C CD Q ~ O N O O ~ ~ IL C I7 C 71 ( O O O O O O O O O O O O ~ N ~ A W ? A ~ ~ UOi COO A A c°nm °m ,mot jm °m ~~ °D C7 °~ O ~X ~ omom r r m w ~ O c ~ ~ ~ ~ m m ~ D ~ i ~ ~ ~ n ~ i D _ _ w~ G v ~ A cn < in cn z i..w cn m cn r o O s cn O cn m ,.w o C7 I cn = cI, = . a ~m iao ~ wm ~m wm w~ 0 ~~ 0~ w~ ~ iaOiaO w w rnD oz ~ D cn~ cnD cnp oc rn~ cnm w cnc cnz - Cn~ z Z omom 3 it p N o ~ ~ b> N ~ in N~ ~ A~ b> z ~ p ~ O N - ~ ~ N O ~ ~ A~ A~ y C'1 o~ ~ on O o~ c o~ c ~ n o n m o~ n oDoD ~ ~ ~ c cn ~ cn n Z cn ~ o G c c ~ z z z ~ m cn ~ --~ ~ ~ m ~ ~ ~ ~ m O D D D '~ C = z D ~ ~ n n O 0 n -~ ~ ° z m m o z o z o m o o O o m o ~ o z ~ d ~ c m v v ~ ~ d ~ d A ~ ~ ~ D O W W ~ ~ CIf (T CT CI1 N CJ7 W O -~ ~ V J V J N N CO O O O lb Oo O ~l J ~ lD (fl CO CO O O O W CT CT O O W W CD O O ~ i 1 CO O O O 0 0 0 0 (n CT W O O M O O O 01 (~ O O O O O O O O 0 0 CO O O o < w ~ 0 3 N 'N'- O O O 0 co N n ~ ~ ~ ~ n ~ 3 3 ~ o ~ O rt O. v d c~ m v cfl m O N W W O w N O_ O O O_ W cn N O n m n O z ;0 O r W W W W W O W' W UWi A W N O N O CT O w N O O O O W W w m O r z m z O O O O W W W W O Oo ~ ~ O N ~I (T O O O O ~ ~ ~ N W N W Cr Oo w N O_ O O O O O 0 w m n O n m n O m m m m m m ~ ~ v o00 W W O N 61 CJ1 V w rn N O O O O O 0 cn m m z D z 0 m N G7 m D 0 O N O W w A W N W O w O N O_ O O O W W w TI m 0 X O O CT N A W 0 0 0 0 0 0 0 0 0 0 0 0 rn rn rn rn ~ ~ w rn ~ ~ 0 0 0 0 0 0 0 . 0 0 0 0 0 ~ ~ O O O ~ O ~ O O N N N N Oo OD 67 O O _ W W O Ul W W N N ~ ~ N ~ W ~ ~ ~1 V O O W -W W W ~ W O N o m N A ~ p j 7C r ~ C1 i U ' O a w w ~ v ~ ~ N N N ~ -- O O <D ~ _ _ ~ O O O O O O ~p ~ O ~ a ~ o ~ cn o m v o z o O 0 0 ~ D m ~ n n O C O m ~ D r ~ z m ~ O z D n z z ~ L N ~ O O N O n O 7 7~ m a omornomom o~o~o~oZ o~~~ om o~ om ;~~~~cn,cn m;m mom ;„,,i ~m ~c ~ 'A~p~A~A ~ cn n cn C7 cn C7 cn C7 NZNZNZO Z cn - cn cn - o r NfT~'I'A m cn cn CTS Z cn N:0 cn m W O cn A Q ~A Q A Q A O N Z N Z N Z ~l m m N A ~ ~ W N .Z1 z W cnZinZCnZjcn Z .c°nOc°nOc°nOo Z O O O c°n o m ~ D c°n cn .cwi, m 0 0 0 0 0~ o~ w w w o~ o D o C ~~ w < ~ p r -~ r ~ cn cn cn cn r r r m co cfl ~ ~ co z cfl Z cfl z cn N m N C7 o o m z _ cfl cfl n cfl o D ~ h °' O m z z z ~ ~n n c n o ~ ~ ~ ~ m m m n ~ ~ ~ D ~ ~ < < < m n ~ O ~ m o m m m m o ~ o z o o ~ o O v N n O n 0 c ~. ? In N ' N N N -~ ~ N W O CT ~ N fJt N N N N O U7 Ul Ul CT C11 W ~l V O O CT O t0 CO lD tD fJl Ul O C O O O O ~ OD (J1 ~l V 00 N O Ul U1 C71 ~~ O O O ~ O O O O ~O N 00 W O O W V O O OD OD O O O ~ o < W C1 O S N ~ O s 0 0 0 ~O N `~ O O C ~ ~ r ~ '~ (C ~ 1 c r o a v d cc v m m ,VJ .~ ~ ~ ~ ~ o W o w < ~ N N N N N N N N ~ 3 O ~ O ~ n ~ tD ~ ~ i U ? W N O N O N o a ~ o w w w w w w w w ~ O rn rn rn rn rn rn rn rn ~ d $ c°o 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 ~ D 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 ~ O N O 0 . ~ O O N N j 0 W C A (T ~ ~ OVO O A N ~ -~ ~ ~ z ~ D ~ I D n z D ~ m o ~ O m z z ~ Z :U Z ~ O O m D ~ O N ~] Z7 ~ n m ~ ~ z p n ~ z iT m D n z ~ ~ r O m ~ O D ~ r D m r c r CO N N N N CO CD CO CO CO (O ~ ~ 3 N N N W O j ~ N (\ O Oo ~l W Du W W DD ~ O O W W O ~ ~ ~ ~ O N N CO N N CO CO W (O O O O) Cf ~ O O O O ~ O ~ C fD ~ O 0 0 o co w cn w co co V a O = W ~ W J1 N W C ~ fD 3 ~ c O _r N ~ Q . , ~ rn rn rn rn rn rn rn ~ ~ rn 0 0 0 0 0 0 0 0 0 0 ~ O O O O O O O O O O ~ ~ ~ ~ ~ ~ I ~ W OO O O W V V N N V v A O O W ~A U7 Ln 71 Ul V C n ~ ~ ~ ~ ~ cn ~ ~ o rnc~Nc~N n rn o rn mNcnN O o o o ~v o v ~ o m c~ _ o r o y z m c~ 0 O O ; ; ~ ~ r y m"',i~m m cn co y ~ ~ iv D ~ -~ ~ z z z ~~:A~~ ~ ~ ~~mA ~ _ ~~ ~. ~ 0 o O cn D Q, o cn ~ cn ~ cn -~ - Ln cn ~ cn D cn n -a n ~ ~ ~ m j ~ ~ ~ ~ ~ ~ ~ ~ ~ C C C ~ ~ ~ ~ ~ C7 ~ A O ~. O O O D ~ ~ O D ~ N N cJi oC)cnC~cn n ~ ~ Z cnDoCO ~Z , ~ ~ ~ ~ o m cn Q, ~ ~ ~ ~ -~ ~ ~T. o~ ~ b~T. ~~~~~ ~ ~r~ ~ rn~ y Cn coon o~ o ~ ~ n o000o O o~o~o C o0 r n ~ ~ i o D c° ~ o~o~o ~ o o~o ~ in ~ ~ c , ~ c o ~ Z ~ ~ Z ~ C C C (/) r ~ ~ ~ ~ m r r r Z ~ ~ ~ m ~ ~ Z ~ ~ ~ ~ ~ -~ ~ ~ W r m O ~ ' ° O ' S O ~' O - ~ - - ~ - - ~ w co co D W N _ _ 3 N N -~ ~ c0 c0 N N Jf ~ O O Cn ( V (T O N N N G X71 U7 W W N N LA (Jl ~D O W O 07 CO ? W X71 Ln O C O O O W W O O N V OD O c0 O A Cn O O ~ O O O O O DD O O Os W ao Cn ~~ O O O O . ~- O N cn lD O N N N N O O O O W N U1 A W N N N N O ~ O O ~ O ~ O O O O O O O O O O O O O O W W W .A rn cfl 1a N (O O ~ Q° TI O ~ z O z ~ o D C p m a _ ~ ~ m _ C7 ~ O ~ z 0° r C ~ ~ ~ O p Z Z z ~ A ~ ~ ~ D N ~ N ~ N O 0 f 0 W W j W ~ rn rn rn N N N O_ O O O O O O O O O W O ~ W rn o cn ~ 2 2 ~ O z m m m ~ ~ D v z O m n ~ D n p ~ ~ m m p D n m ~ ~ < ~° ~ n ~ „ m ~ O n 00 O O O W O O O _ W W O W W ~ ~ o w o rn N ' Z Z o ~° N N ~ 3 n ~ ~ ~ ~ ~ O Q W W ~ N rn rn O ~ N N ~ ~ N O O N 3 _ _ ~ O O O ~ N 3 W O a W cn O W A . 2 2 m' z ~ ~ z ~ p - m ~ O N D < z ~ m D r m N C7 ~ O W 3 O ~• w c W ~ Q 3 O n m O O O ~ ~ ~ O O ~ ~ ~ ~ O 0 O O O O O O O O O O O ~ O O O O O O O O O O O O ~ ~ ~ W ~ A N ~ N P O o O o~oy oy oO oO on oo= o~o2 OD ~ v z W o ~ -i ~ Z j m ~ ~ ~' ~ p ~ O ~ r ~ Z ~ n iv~i.~~ iaD w=~ wm w m ap iwTwn m ~~ ~ ~. cn cn ~ o cn O o N cn ~ cn r cn ~ o o O cn D ~ o a 0 0 0 ~ c O ~ ~ w r w i, D c ~ ~ N ~~ ~ ~ o ~ cn ~ cn n a, m o, cn ~ rn D o b, D o D o~ ~ o m rn D o ~ m cn O cn ~ o> z~ D cn y ~ z cn ~ D N O N ~ N~ O Z W m W~ CT (n N D N C7 CT p O n N~ N O m O p ~ m O C O~ r 0' ~ p Ui (7 CT n ~ ~ ~ j ~ ~ N CT ~ D N (P N O ~ ~ Ul Cn (T (n N O ~ C O CO c O u' ~ r_ cn 3 ,~ z z 0 ~ m < < p ~ D O z z m m ~ ~ O ~ D n m p ~ ~ z ° ~ ° ° ° ° ~ ° D ~ ° C p a~ ~ m v ~ N N r O m ~ ~ N D .. .. .. .. .. m T .. .. .. 00 rn D ~ ~ N N CI1 1 T O O O O N 00 00 00 Oo ~ O CD -~ N N c0 CO W W O> O O N N N N C A ~ N N W W 01 O A A A A O O O O O N U1 ~ W ~ fJl (P W W ~~ ~O CO A .A N N O O O O O ~ Oo O O) O N N A A ~~ -1 -' 00 00 O W W O O , . O N O A V O G O O W A O 0 O W A O W 0 o < W C7 O ~ ~ N N ~- O O O O N DD n `~ O ~ _ r ~ '< <p ~ ~ o ~ o ~, a N N O v m ~ ~ 1 ~ W O O W N A W W W o o o _ _ _ O O O O O O W O W w rn r O O z z O G7 O ~ ~ ~ ~ D O n D _ ~ z n ~ -n O (7 O Z C7 ~I ~ N N N N ~ ~ O O ~ O O O rn rn rn rn rn ~ ~ O O O Du Du v v V 1 O (O O v W W W W W 1 o o o o_ o_ _ _ O O O O O ~ O A O U1 cn rn ou ~ m m m D c ~ ~ o o z . m ~ m m O 2 ~ D m n z ~ ~ p r < O ~ ~ X N O n n z ~ ~ ~ ~ Z O r C -o < W rn rn o v N N ~ ~ O O n ~ V V ~' n O O1 ~ p Q W W ~ ~ 0 °~ 0 0 7 ~ O O O O ~ O O ~ O Oo a ~ ~ o -, O z m O o r C ~ rn ~ ~ O O D 2 n U7 N U1 N ~ O Ul O O ~ O O O i O ~ ~ O CT N ~ W O N O _ W ~ O ~ N W C7 0 ~~ m Q 3 O n N ~ ~ 000 N C4 A L1 O ~ O O O O O O O O ~ O O O_ O O O O O O N O O O O N ~ W W N U7 ~ v ~ Ui A ~ N DV ~p W v ~O oc o~om o~ o~ cNOm oar oz 000 ~ ~~ j~ O x ~ m rn -i c~C w m r -~ G7 ~ ~ ~ O ~ O o -~ z ~ m r= w ~ ~ w D am w --~ c!> ~ cn Z iw ~ ~ p cn D cn ~ o o ~? o m o~ o Z o cn ~ cn ~ rnz c~n~ ~~wm ~~ oD rn~ o~ wm ~~ o cn o m o ~ N cn ~ U, ~ cn cn _I o ~ COTi (~ N~ N C O ~ N D .p O N~ O O .p Z to C n O C O (7 O C7 O O r O Z O CO ~ W Q O~ n o ~ cn ~ cn p ~ cn r cs `- cn Z coo ~ cC°o m o ~ ~ ~ ~ cn = ~ ~ ~ Z n --i c ~ z m v' o = o ~ o m o 0 0 ~ o 0 0 ~ ~ a ~ a ~ a~ ~ a~ z ~ w a~ .. .~ .. .. - .. .. .. 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N ~ ~ _o v ~ O ~ O ~ I W 3 o a W O W ~ r O Z W m D 2 C z O ~J n O Z C7 n 3 j O_ ~• n C ~ fD a 0 0 0 0 0 0 0 0 0 0 0 0 O Ul O O O Co V ~I J J Do V7 O O O O O O O O O O O O O 0 O O O O O O O O O O 0 I OO Ln N N N A W W W W N O W W v v v V ~ ~ W A W N ~1 (n ~ ~I m j ~ ~I ~ J ~ J ~ °~o~o ~ ~ C7 o D, N Cn N Cn N N (n nDc°Di,D°v,Dc~i, D_ c00 ~ :Cl ~ m D ~ r r ~ iw r O ~ O~ O~ O A<I~C.A ~ ~ -~ ~ m ~ ~ Z Z Z~ Z '<rpcrp'<rpin p ~ n o> A° w Ln ~m cr w"~ cn p cn p cn p :Am~m:pm o Jz cn ~1 Cn ~l csi -0 cn ~ ~O~Ob>cb~c o ~~ Cn iw N~ oc Ul m ~m N N N om°m•°rn ' O~ cn ~ ~ZJ ~ Z7 ~ ~7 a'cnc"cnc"n<"n ~ O D ~~ W o b> ~ ~ D a> rn rn o< o G o< o> o rn rn rn rn= o D o D o o ~ T. o n rn o o~ m o~ A n n c ~ ~ G Z Z NpNpN(pN ~ m c o (o O N cn z o cn c nmc m m cn n oWOpomo o~ o ~ D cn cn cn m ~ ~ m0 ~ ~ m n O O O ~ ~ ~ ~ ~ ~ D m n C) n m m ~ ~ '~ ~J Z Z O ~ ~ ~ ~ _ ~ ~ ~ p p Z m .. .. D _ _ _ .. - - .. ~ ~ .. ~ ~ .. ~-, m A? V v OAO N CT O O O Nf U1 ~D Co O CO W A O O cD CO -~ ~ O O ~ V7 O O O O W O W t0 N W (o O O O 3 D 0 c 3 .~- D ~ N O v v v v N~ W A ~ l0 ~I J V V O O O U7 C 01 A A .A ~P O O N W ~ w ~ O ? 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N ° ° ~ o o o w w ° ° W W c o O O N N N ~ W N w Cn to A ~A W ~ O O CT N O O o W °~ c 3 N n ~ ~ ' n O Q <D 41 O_ ~ ~ O ~ O ~ O_ j A Q. ~ O m G O D C7 O z rn m 0 0 0 0 0 0 0 0 0 0 0 0 ~ v cn o0 00 0o ao w rn cn cn rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O ~ ~ ~ N O O N ~ _ O O O ? A CJl O O 00 -~ ~! CO CO ? ~l -~ ~ j V O W ~I A 3 O .c O o v o~o~ ~z o~ omomomom oW o~ o~ om~ ono m. 1c ,c~,c~;c~,~ ~c ~cn ~cn m ~ ~~• _~ ~ c• c• c• c oDo ~ ~ ~ o = o~o~o~o ~_ cAii ~cwn D cwn D ~ D -a j N W D ~ 0 V~ v~ v~ v~ A Z W O W O A ~_ .r v,zcnZ o~ °~ o~o~o~°O o~ o~ opp o~ ~ rnT~ m ~ ~ a~m~m~mrn c ~ z rn D ~ ~ o> ~ D ~I O v O N O O~ N N N N N W cn Cn n co~IcD~ oZ cow o~o~o~oD oG~ on o~ oC ~ fPOU~ n ~ O~ ~.G~G~G~;O N W= W= N~ O o m o m cn m o cn n cn n cn n cn p cn ~ o Z cn O o~ c ~ ~ m O m m m ~ ~ m z r z G ~ m m ~ ~ ~ O ~ n z cn m m ~ y m ~ D r < < c o m p m p o 0 0 0 m m ~ ~ p ~ D ~ to ~ m '-' ._ ._ .. .. .. r .. .. .. .. ~ ~ ~ O O O W W D O V ~ N W ? A O O G1 U1 3 CO O V ~1 N N O W O W W ~~ N N O O A A W O ? A U1 Ul OD A --~ V A O O V ~1 O O O O C W' O G O 0 0 -~ O Ul O (O O O ? A O O N N U1 O O O O O <JI U1 00 N O O O OD 00 O O W W ,3- o < W C7 O ~ ~ N. N ^- O O O t~0 N `~ O ~ _ r ~ `~ (p 7 ~ o ~ o a O N m m ~ ~ ~ ~ ~ ~ > O W O W < N N N N N N N N N ~ 3 O ~ J J J J ~ ~ ~ ~ j n 3 >r ~p N W N ~~ O O W J O Cn ~ p C ~+ Q ~ ~ O W W W W j j W j (\ ~ O rn rn rn rn rn rn rn rn a~ p ~ •a ~ o co N O N O N ~ O N O N O N ~ O N O N O 'N O ' •- CD tU ~ N O O O O O O O O O O O O O O O O O O 3 O O w w ~ o ~ rn ~ w w a -~ COJ1 A J ~ N ~ ONO ~ ~ (n (n (n (n (n .I7 ~TJ :U O ~ 2 n D O O O n cn D Z = ~ m cn o ~ ~ ~ T ~ ~ O ~ ~ ~ w z m z ~ ~ ~ rn O D O z 00 ~ m r n ~ Z m r cn ~ ~ Z 0 .~ z ~ D -~ ~ D ~ p D 0 ~_ n m ~ ~ ~ ~ N ~ Cn OOO OOD 000 N ~ ~ N W N N ~ ~ N v O Z < O W W W O 'O N O N' N N N N C7 ~ ~ ~ N N N ~ N O O O ~ O O 1 ~ ~ O O O O ~ ~ ~ ° r ~ ~ ~ ~ ~ ~ ~ o _r °- O (/1 ~ ~ ' o rn rn rn ° o w o ~ f rn o a c n o o' 00 °o °o °o °o °o °o 00 °o ~ CJD N ~ ~ O O~0 OW ~ ~ Z V Z° C o m ; o D °~ o m o m o m ° O° O v ~ (~ TI :U ~ C ~ C y TI~TI~ r ~ ~ ~ ,n ~ j ~ C '> ~ ~ cn ~ cn Z o ~ v v y cn ~ o ~ v, ~ cn o o J n n o ~ D) ~~ ~ n o W w po CO CO = rn cn A 0 to J o D W ~~ W Z w J o p o O ~ ~ ~c ~ C Ny cncnD oz ~ D cnm ~: ~ m~m~z Z N Z N ~ -'~ ~" m b~~~ N N ~7 ~cn N~ ~T. O~ ~~ o~ ~~ O W in rn O _~ O ~_ D n -~ O_ -I O O ~ ~ ~ ~ ~ ~ COD O Z O O t00 ~ (OD ~ O r Cn r- cn ~7 Z cn (n Qo cn O o~ O cD ~ o o ~ = O ~ ~ n O O O Z Z 7 .•. ~ ~ ~ ~ D ~ ~ ~ Z ~ ° Z ~ y ~ O. m o ~ o ~ a n o ~ c z o o c m m o v D C ~ ~ v ~ ~ u ~ ~ 0 v ~ cc co W ~ N N N O .a O D .. ~-~ rnrno ww ~ 3 N ~P O O ~I ~l O O O N N ;a A N N fT N N t0 O O ~1 O O N N O O O (J1 Ut V V cn Cn O to cn W C Cn W O O CG CD O O O 0 0 O O O O O O O W K ~ N ~ O O O O O O O O O O O 0 0 O O O CI1 Q1 m v cn m V rn rn rn v v V N N N V O CT W W W N N N O O O_ O O O O O O N Cp W O w w o0 0o W C4 -I (n Cn ~ ~ D O D ~ m m r m ~ n m ~ O ~ m -" c ~ ~ o ~ m ~ m ~ ~ ~ D m 2 O C m O O O O O O V ~ N N N O V O ~ ~ 0 A N ~ 0 0 CT 7i C O O O N ~ ~ ~ O ~ O O O O O O N N ~ O O N N N N N (O N V A A O W A D O O O rn N V N A W N O_ O O O O W N D r m 0 O W A O cn rn rn c~ N w V rn 0 O Ui O O O CTl O O ~ > > ~ ~ ~ v ~ A W 0 N 0 0 ~ O W W o o ~ ~ o ~ ~ O O O O O O O O O O O O O O ~ _ O W O W (D W N N A V A N A O OD N Cfl ~ W N o W °~ c 3 N ~ ~ N ~ n W ~ O a fD W ~ a, v ~ 6 N .~~- (l1 O fD 7 O ~ O O ~ V 3 a ~ O O n D r C z 0 m Z D r L O n O O~ O A O A O o D ~ O D O C N C N C N C o C N C N o ° ° ° 00 O O m~~°T°'D° ~ c°n Z ° T o i,Zc nZ° , c nZc nZc i,ZOZC ~ C~o~~~C)b~~b~ ~ w C in n is m ~O.AOcnOinOA0A0in ' m V D cn m V D V D o D o m cn ~ cn ~ cn ~ cn ~ cn ~ cn ~ cn ~ cn -a ~io~a~ifl~io ~ is r rn ~ is n ~~~~a>~w~a~~~a> nco~o ~ co~ cn y c°n ~ o O o~o~v,~o~o~o~ci, 3 c m b~ b~ ~ b~ rn ~ ~ b~ O b~. m o~ ~ a~ m b~ m b~ m b~ ~ a> n O C O ~ O C O C O~ O~ ~ O m a Z N m N Z N Z N Z N m N ~ O Z O -~ O --~ O -~ O Z O n m N~ N m N~ N~ N m ~ n N Z1 o cn ~ cn D cn ~ cn ~ cn ~ cn D cn ~ ~ o ~ o ~ o ~ o ~ cn Z c r r r D m r cn r m m m z i~ u i c n c m D ~ r O o C o 0 0 Si ? w Si 5'i' - G D N It A O V C A A W W N N N ~ N N N -• ~ N CT W O O CO N N 00 OD 00 W V 00 O W V OD C W N OD O W W 00 OD <71 U1 N 00 OD N U1 OD OD N ~1 V CO Ul 00 07 V V O O ~ O A ~A ~ N W A A M o < w ~ o S ~ N N ~ O O O °m N ~ 0 O C -'` C'1 r s ~ ~ c' r O ,N„r c~ m V s v v cn m rn N V W O w rn N O_ O O O O N N N C7 O z m rn N V N O w rn N O_ O O O O O N 2 m D O n O m rn N V N W w rn N O O O O O A S m r C 0 m z G7 O C o ~ rn = ~ N ~ ~ J ~ ~ O a w ~ a o ~ v O ~ O (<p O 3 W C. 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O ? N ~ O 0 0 0 CD N D 3 n `~ O O. C n r ~ ~ ~ ~ 1 o ~ o a n~ cc m N O ,a o ~. ~s~i4~ d ~ AGENDA STAFF REPORT ~~~ o tie ~ttFOgc' DATE: ''. March 16, 2010 i TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana PREPARED BY: Robert S. Torrez, Asst City Manager-Admin. & Comm. Svcs. Lilly Hampton, Accounting Technician SUBJECT: Disposition of Unclaimed Funds Recommendation: Staff recommends that City Council adopt the attached entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE PUBLICATION OF NOTICE OF UNCLAIMED FUNDS AND TRANSFER OF UNCLAIMED DEPOSITS TO THE GENERAL FUND". Background: The City of Lynwood holds funds in trust for a variety of municipal services and activities. Deposits are refunded when conditions related to the services and activities are fulfilled. However, some deposits remain unclaimed for years despite the best efforts of the City to refund such deposits. Consistent with California Government Code Section 5005, the attached resolution authorizes the City to follow established procedures for the administration and the transfer of unclaimed funds to the General Fund account. Discussion & Analysis: It is the policy of the City of Lynwood to publish a notice of unclaimed funds, after a three-year period, for individual items of $15 or more. Items less than $15 or any amounts that remain unclaimed for a period of one year may also be transferred to the General Fund, without the necessity of publication of a notice in the newspaper pursuant to California Code Section 50055. After the expiration of the three-year period, notice of individual items of $15 or more must be published once a week for two consecutive weeks in a newspaper of general circulation in the City of Lynwood. The first notice will be published on March 22, 2010. AGENDA ITEM The purpose of the notice is to provide notification that the funds will become property of the City after April 6, 2010 if left unclaimed. The notice shall state the amount and the fund in which they are held. The Finance Department has prepared and attached a transfer report of unclaimed funds for Council's review, pursuant to California Government Code Section 50053. Fiscal Impact: Unclaimed funds currently total $3,621.12. If left unclaimed after April 6, 2010, the funds will be transferred to the General Fund. Coordinated With: City Attorney Office Attachment: Exhibit A: Government Code Section 50050, 50053 and 50055 Exhibit B: Stale Dated Checks Policy Exhibit C: Unclaimed Funds Policy 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE PUBLICATION OF NOTICE OF UNCLAIMED FUNDS, AND TRANSFER OF UNCLAIMED DEPOSITS WHEREAS, the City wishes to adhere to established policies and procedures pursuant to the administration, possession and transfer of unclaimed deposits; and WHEREAS, the City shall follow Government Code sections 50050 et sew. to notify all interested persons of the existence of the unclaimed funds, where required, follow the procedures for such notices, return of the funds where appropriate verification is provided, or transfer unclaimed funds to the City's Fund related to unclaimed deposits; and WHEREAS, the Department of Finance & Administration shall review the nature and duration of these deposits each year end. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City is authorized to possess unclaimed deposits consistent with the procedures under Government Code sections 50050 et sec., designates the Finance Department as responsible for administering these deposits, and directs the transfer of the unclaimed deposits to the undesignated General Fund balance. Section 2: The City Council of the City of Lynwood hereby authorizes the City Manager or his designee to implement all financial transactions as approved in this resolution. PASSED, APPROVED AND ADOPTED THIS day of , 2010 MARIA T. SANTILLAN MAYOR ATTEST: MARIA QUINONEZ ROGER HALEY CITY CLERK CITY MANAGER APPROVED AS TO FORM: FRED GALANTE CITY ATTORNEY APPROVED AS TO CONTENT: ROBERT S. TORREZ ASSISTANT CITY MANAGER - ADMIN. AND COMMUNITY SERVICES Stale Dated Checks Due to Vendors WARRANT WARRANT# VENDOR NAME DESCRIPTION AMOUNT ACCOUNT# DATE 8/2/2005 127075 MERCEDES VASQUEZ VOID/STALE DATED -124.88 6051.1311 8/16/2005 127305 LAVERK & TANYA HARPER VOID/STALE DATED -65.47 6051.1311 8/16/2005 127380 NANCY VASQUEZ VOID/STALE DATED -45.00 1011.60.33210 9/6/2005 127408 ACTION ESCROW, INC. VOID/STALE DATED -101.96 6051.1311 10/4/2005 127917 ERNEST S. SALAZAR VOID/STALE DATED -37.26 6051.1311 11/15/2005 128405 CLARENCE JINGLES SR. VOID/STALE DATED -125.96 6051.1311 11/15/2005 128418 DIA Y NOCHE YELLOW TAXI VOID/STALE DATED -150.00 1011.55.34150 1/3/2006 129081 MARY CRUZ VOID/STALE DATED -40.00 1011.60.33215 2/7/2006 129538 CLEMENTE LLAMAS VOID/STALE DATED -40.27 6051.1311 3/7/2006 129929 CHRIS AGUILAR VOID/STALE DATED -16.85 6051.1311 4/4/2006 130541 TERESA MEDINA VOID/STALE DATED -35.00 01-30303 4/18/2006 130632 MARTIN GERARDO VOID/STALE DATED -30.11 6051.1311 4/18/2006 130697 MARTHA MORALES VOID/STALE DATED -120.00 1011.60.33210 4/18/2006 130724 FELIX F. RACHAEL VOID/STALE DATED -22.45 6051.1311 6/6/2006 131422 MARTHA ALICIA TREVIZO VOID/STALE DATED -348.70 6051.1311 6/20/2006 131464 AMILCAR B. SOSA VOID/STALE DATED -32.42 6051.1311 6/20/2006 131511 GABRIELA MORENO VOID/STALE DATED -27.93 6051.1311 8/1/2006 131877 COAST MACHINERY MOVERS VOID/STALE DATED -125.00 1011.55.34150 8/1/2006 131914 RAQUEL GUTIERREZ VOID/STALE DATED -282.00 1011.55.34105 10/3/2006 132822 SALVADOR VALLE VOID/STALE DATED -40.85 6051.1311 11/21/2006 133401 LEONARD TAYLER VOID/STALE DATED -156.11 6051.1311 12/19/2006 133768 RAFAEL GUTIERREZ VOID/STALE DATED -146.45 6051.1311 2/20/2007 134477 LESETT CHAPARRO VOID/STALE DATED -100.29 6051.1311 2/20/2007 134512 JUAN FLORES VOID/STALE DATED -69.47 6051.1311 2/20/2007 134618 JUAN C. RIVERA VOID/STALE DATED -65.40 6051.1311 3/6/2007 134723 MARCO ANTONIO BERMUDEZ VOID/STALE DATED -42.00 6051.1311 3/6/2007 134724 FRANCISCO BERUMEN VOID/STALE DATED -20.00 1011.35.330.64399 3/6/2007 134823 DONNA M. PAIGT VOID/STALE DATED -20.00 1011.35.330.64399 3/6/2007 134831 BERNAVE ARGUETA PORTILLO VOID/STALE DATED -207.10 6051.1311 3/20/2007 134989 MARIA MORA VOID/STALE DATED -40.00 6051.1311 2/17/2009 158446 MIGUEL A. TAMARIZ VOID/STALE DATED -20.00 1011.35.330.64399 4/7/2009 158842 LUCIA LOPEZ VOID/STALE DATED -16.15 6051.1311 4/21/2009 159014 DAMIEN HERNANDEZ VOID/STALE DATED -40.00 1011.55.34110 4/21/2009 159015 OSMIN HERNANDEZ VOID/STALE DATED -86.18 6051.1311 4/21/2009 159087 DANILO RIOS VOID/STALE DATED -40.00 1011.55.34110 4/21/2009 159091 SILVIA RODRIGUEZ VOID/STALE DATED -63.00 1011.55.34110 4/21/2009 159099 EDNA SEAWRIGHT VOID/STALE DATED -160.78 6051.1311 4/21/2009 159109 STEWART TITLE OF CA REO DIV VOID/STALE DATED -300.52 6051.1311 5/6/2009 159254 CARLOS MANZO VOID/STALE DATED -15.00 1011.35.330.64399 5/6/2009 159259 OAKWOOD PLAZA VOID/STALE DATED -73.78 6051.1311 6/2/2009 159574 ERACTIO MURILLO VOID/STALE DATED -63.00 1011.55.34110 12/17/2009 161804 GUADALUPE VARGAS VOID/STALE DATED -63.78 6051.1311 TOTAL -3,621.12 EXMIEIT A The relevant California Government Code Sections that would be included in the policy follow, A. Section 5QA50 -Money not the property of a focal agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the properly of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer~of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. B. Section 5dOv3 -When any such money becomes the property of a local agency and is ~in a special fund, the legislative body may transfer it to the .general fund. C. Section 5©055 -Any individual items of less than fifteen dollars x$15}, or any amount if the depositor's name is unknown, which remain unclaimed in the treasury or in the official custody of an officer of a focal agency for the period of one year or upon an order of the court may be transferred to the general fund by the legislative body without the necessity of publication of a notice in a newspaper, EXHIBIT B - - ~~ A ~3~ ~~ City of Lynwood CITY COUNCIL POLICY /` ~ -~~- DATED: MAYOR_ ~ •~~~~ SUBJECT: STALE DATED CHECKS PUFPOSE The purpose of this policy and procedure is to dgscribe the process and procedures for stale~tating City of Lynwood general aooow~t and payroll checks by the Department of Finance & Administration. POLICY _ Vendor and refund decks are stale-dated if not claimed within one year from date of issuance. Although rhedcs have the printed message that checks are VOlla after 90 days, banks are considered rx~t liable if a Bieck is paid to payee after the 90 days. The Department of Finance & Administration is responsible for ensuring that re,Y~rrd ci-~t;l<s ha're been stale~a~t oamectly in the d~k register. PROCEDURE The .Department csf Finance acxi A~1m'snistration will conduct a rrionthfy inventory of dzecks and pull all expired diedcs: ]/adi vendor acxount will be reviewed before the decks a.'E stale-dated t0 determine if the vendor has a balance or any relevant hold suds as: busir~s lioerrse, watsc/municipal bill, returned deck, parking fine etc. All checks qualifying {i.e. City, LFZA, LII checking accounts and payroll checking account) €or stale-datir'rg will be stamped "stafe•dated" on the face of the check and cut aidnature(s) from the check. In addition, cif holds for debts such as parking fines, returned checks, etc., will be written on the stale-dated checks. The cherks will then be entered on a Stale-Dated Check Log. Finance personnel will comf,are ~~~e tog to the attached checks to ensure all checks have beep.. ~arrectly pulled before the checks acrd fisting are forwarded to Accounting. "Stale- date" will also be entered on the check lob. ~~ --`-___ Stale-date-d+ rpf~ .•'i cY:r:cks will be processed by t'~e dPSignated staff~by entering a brief comment on the vendor's account indicating the date the irneck was stale- dated and the check amount. Refund checks wiN not be stale-dated if vendor account{s) have b_atances. Any check pulled due to an account balance will be voided back to the vendor's account. - All stale-dated payroll checks will be entered on a journal voucher before forwarding them to the Director of Finance & Administration. Entries will d+~bit speck account and credit another account. A journal entry for stale-dated checks for vendors owing other charges such as traffic fines and business license #ees will be prepared transferring the check amount from the stale-dated account to the another specified account. Requesting the replaeerriermt of st'ale~iatied decks will be accomplished Through Accounting by completing a memorandum to France & Administration. All required information will be included on the merrwrandum. The memorandum wiN be signed and forwarded to Accounting for processing. --~ stir EXHIBIT C ~~ ~-. .. ~. +~`~b ~ ~~~ ` 3~: ~YlS!"' City of I_ynrnrood caTlr c~-~NC« ~®~icY ~. /~-ice ~~~ -~ .,.~ M~Y®R: SUB.dECT: Unclaimed Funds Purpose: The purpose of this policy and procedure is to establish guidelines for processing unclaimed monies. Government Code Section 50050, et. ssq. provides that unclaimed funds which rerrrain in the treasury or in the custody of the officers of a ioca( agency for three (3) years, beeorrte the property of the agency after notice if not claimed or if rto verified complaint is filed and served. There are certain fund§~~tiiat the agency is not allowed to keep; such as those paid out of grants or restitution to victims. P~o_ licv It is the policy of the City of Lynwood to publish a notice of unclaimed monies; after the three-year period, for individual- items of $15 or more. The Accounting Division will submit a report to the legislative body and obtain authorization to transfer unclaimed monies to. the Genera! f=und revenue accouht group. Procedures: 1. At any time after the expiration of the three-yeaar period, irtdividua! items $15.00 or more must be published, once a .week for two successive weeks in a newspaper of g~eral circulation, as notification, that the money wiN become the property of the . City after a designated da6e if it is left unciaim~i. The notice shall state the amount of the money, and the fund in which it is held. 2. Individual items of less than fifteen dollars ($15), or any arrx~nt if the depositor's name is unknown, which n:rrrained unclaimed in the treasury or in the a.rstody of the City for the period of one year may be transferred to the General Fund bey' the legislative body without the rrssity of publication of a notice in a newspaper. 3. A party of intarast may file a claim before the designated date the unclaimed money t~eomes the property of the Agency. The claim must include the claimant's name, ,, . addr+~, amount of claim, and the grounds on which the claim is fourx~i and any other infomration that maybe requir~l by the City. The City shat! accept or reject the claim. 4. 0# claim is aoaept~il, a new c~edc will be rued. All original~capporting documents aril claim form should be attad~ed to the d~clc. Check will be included on the next warrant run and posted to the state~dated account. 5. Escl~tment to the General Fund occurs if a verified claim is not filed by the designated date. The designated date must not be less than forty-five or more than sixty days after the first publication of the notice. ' 6. The legislative body will be provided with a list of esdieat°d ctx:cks by resolution. Upon approval of the resolution, Accounting will pn;pare a journal voucher to transfer funds to the General Hind. ~_~ 7. At lest one of the following nofiations should be made on all back-up: a} Unclaimed Mon'~es- "Published on by Esd~eated to the general fund per Resolution No. dated b) Claimed Monies rec~eslsshould: i) Include attad~ment of original backup and claim form to ne-issued c~ieek. ii) Void back up- "This dieelc was voided for the following region - see re-'sue Check No. " iii) Re-write -- "This is a re-issue of Check No. ~~,~ which waa voided for the following reason " ~~~~ AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager J~'~ ~,~ ~ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Pau! Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Acceptance of Street Improvement Project Lavinia Avenue, Harris Avenue and Olanda Street Project Numbers 4011.67.955, 4011.67.956 and 4011.67.965 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO's. 4011.67.955, 4011.67.956 AND 4011.67.965 AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". Background: On October 6, 2009, the City Council of the City of Lynwood awarded a contract to Sialic Contractors Corporation dba SHAWNAN, in the amount of $380,470 for the Lavinia Avenue, Harris Avenue and Olanda Street Improvement Project, Project No's. 4011.67.955, 4011.67.956 and 4011.67.965. All construction work on the project is complete. The final construction cost for this project is $331,429.04. The Lavinia Avenue, Harris Avenue and Olanda Street Improvement Project is funded by Prop. "C". The project is now ready for acceptance by the City Council. Discussion ~ Analysis: The project started on January 4, 2010 and was completed on February 8, 2010. Staff conducted the final inspection on February 9, 2010, and found that all work is complete in accordance with the project plans and specifications. There is one (1) City initiated Contract Change Order due to changed field conditions: ;GEN®A 6TEM Change Order No. 1: Adjustment for the final cost of the project based on final field measured quantities with respect to asphalt excavation work and concrete work. ($49, 040.96) Summary: Original Contract Amount: Contract Change Order No. 1: $380,470.00 L$49, 040.96) Final Project Construction Cost /Contract Amount: $331,429.04 Fiscal Impact: Funds were adequately budgeted in the Fiscal Year 2009-2010 Capital Improvement Program (CIP) budget to cover the project construction costs -Account Numbers 4011.67.955, 4011.67.956 and 4011.67.965 derived from Prop. C. Coordinated With: City Attorney's Office Finance Department City Clerk's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO's. 4011.67.955, 4011.67.956 AND 4011.67.965 AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION WHEREAS, on October 6, 2009, the City Council of the City of Lynwood awarded the Lavinia Avenue, Harris Avenue and Olanda Street Improvement Project contract to Sialic Contractors Corporation dba SHAWNAN, in the amount of $380,470; and WHEREAS, the project started on January 4, 2010 and was completed on February 8, 2010. WHEREAS, the project is funded by Prop C funds; and WHEREAS, the final construction cost is $331,429.04; and WHEREAS, Public Works staff conducted the final inspection on February 9, 2010 and found that all work is complete in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the Lavinia Avenue, Harris Avenue and Olanda Street Improvement Project, Project No's. 4011.67.955, 4011.67.956 and 4011.67.965 as complete in accordance with contract documents; and authorizes the City Engineer to process the recordation of the Notice of Completion. Section 2. This resolution shall go into effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16t" day of March, 2010. 3 Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L.. Haley City Mariager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 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 day of 20 ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) 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 , 20 City Clerk, City of Lynwood s AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag~~ ..,L,~7. PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer . Elias Saikaly, P.E. Public Works Engineering Manager SUBJECT: Natatorium Rehabilitation Project, Pool System Adoption of Plans and Specifications Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE NATATORIUM REHABILITATION PROJECT; POOL SYSTEM, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING STAFF TO SOLICIT BIDS." Background: The pool's filtration system and equipment are upwards of 20 years old and the majority of the equipment used for maintaining the pool's water quality is in need of replacement or major repair. On November 17, 2009 City Council authorized staff to solicit request for proposal for the design of the project. Discussion & Analysis: Pursuant to California Public Contract Code Section 22039 and Lynwood City Code Section 6-6.6, the City is required to adopt plans, contract documents and working details for all public works projects exceeding $125,000. The construction cost estimate for the Natatorium Rehabilitation Project, Pool System, FY 2009-2010 is approximately $400,000 which includes construction, administration, inspection and contingencies. The project is funded by Impact Fee Fund. Fiscal Impact: Funds are available in the Impact Fee Fund. Coordinated With: City Attorney's Office City Clerk's office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE NATATORIUM REHABILITATION PROJECT; POOL SYSTEM, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING STAFF TO SOLICIT BIDS WHEREAS, the plans, contract documents and working details for the new Natatorium Rehabilitation Project, Pool System FY 2009-2010 are complete and ready for the City Council's review, consideration and adoption; and WHEREAS, the total estimated project cost including construction, administration and inspection for said project is $400,000; and WHEREAS, staff has identified Impact Fee Funds that are available for this project; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that said project is in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt pursuant to section 15301 (C) of the CEQA guidelines pertaining to statutory exemption; and WHEREAS, the project is ready to be advertised for the solicitation of bids. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood adopts the Plans, Contract Documents and Working Details for the Natatorium Rehabilitation Project, Pool System, FY 2009-2010. Section 2. The Department of Public Works of the City of Lynwood has determined that said project is in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt pursuant to section 15301 (C) of the CEQA guidelines pertaining to statutory exemption. Section 3.~ That the City Council of the City of Lynwood authorizes the solicitation of bids for the Natatorium Rehabilitation Project, Pool System. Section 4. This resolution shall go into effect immediately upon its adoption. Section 5 The City Clerk'shall certify as to the adoption of this Resolution. 3 PASSED, APPROVED and ADOPTED this 16ft day of March, 2010. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Maria T. Santillan Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer 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 day of ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) 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 City Clerk, City of Lynwood s c~~ ~ S ~r ~~ :,~_~. AGENDA STAFF REPORT ~! DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage ,~,, ) PREPARED BY: Sarah Magana Withers, Director of Redevelopment~~~~ H. Ernie Nishii, Housing Manager SUBJECT: A Resolution of the City of Lynwood Authorizing the Issuance of Letters Pursuant to the Polanco Act for the Properties Located North of the 105 Freeway, East of State Street, South of Imperial Highway, and 2801 Lynwood Road Recommendation: Staff recommends that the City consider and adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT TO PROPERTY OWNERS, OCCUPANTS AND RESPONSIBLE PARTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD." Background: The Polanco Act authorizes the City to request a property owner, responsible party, or occupant to provide the City relevant information regarding the remediation efforts at a potentially contaminated site. If the property owner or responsible party does not respond to the City's written request for information within sixty days, the City has several tools to ensure that the identified property is assessed and properly remediated. The Polanco Act further allows the City to shift the cost of said assessment and remediation to the appropriate property owner or responsible party. Staff is requesting authority to issue letters pursuant to the Polanco Act ("Polanco Letters") to the property owners in the area North of the 105 Freeway, East of State Street, South of Imperial Highway and 2801 Lynwood Road. Upon the expiration of the deadline for property owners and responsible parties to respond, the City will utilize its federal assessment grant funds to advance the cost of remediation and potentially seek reimbursement from the responsible party or property owners. ACEN®A ITEM Discussion 8~ Analysis: Issuance of the Polanco Letters will signal the City's willingness to consider development in the areas bounded by Imperial Highway, State Street, and the 105 Freeway and enable the City to begin the first steps of development. The issuance of these Polanco Letters will also ensure that responsibility for the remediation of the site remains with the responsible party or property owner and minimize any financial burden upon the City. In order to address potential contamination on the site, it is recommended that the City Council approve the resolution authorizing the Polanco Letters. Fiscal Impact: There is no current fiscal impact from the issuance of the Polanco Letters. Even if the City elects to assess the property, the funds utilized for the .effort will come from its Federal Assessment Grant proceeds. Coordinated With: City Attorney i i i 2 RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT TO PROPERTY OWNERS, OCCUPANTS AND RESPONSIBLE PARTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD .WHEREAS, the City of Lynwood is desirous of initiating efforts to determine .whether there is any significant contamination of hazardous substances in the area located north of ..the 105 Freeway, east of State street, South of Imperial Highway, and 2801 Lynwood Road ("Site"); and WHEREAS, a major disincentive to development along this corridor is the potential existence of hazardous substances and petroleum contamination at various locations along this corridor; and WHEREAS, the issuance of letters pursuant to the Polanco Act will provide the City the necessary tools to determine the extent of any hazardous substances and petroleum contamination on the site. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. Approve the issuance of letters pursuant to the Polanco Act in. a form subject to approval by the City Attorney for the area located North of the 105 Freeway, East of State Street, South of Imperial Highway, and 2801 Lynwood Road. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 16th day of March, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez, City Clerk Roger L. Haley City Manager APPROVED AS TO FORM Fred Galante City Attorney APPROVED AS TO CONSENT: Sarah M. Withers Director of Redevelopment 2 \ ? }'' j ~~ -~=- AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Maria Quinonez, City Clerk Kristina Santana, Deputy City CI rk SUBJECT: Second Reading o Lynwood Amending Repealing Article 2 "Density Bonus Pro Establish Density Units Recommendation: Staff recommends that the City Council waive reading and adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS". Background: The City Council introduced the attached ordinance for first reading on March 2, 2010. Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM f Ordinance - An Ordinance of the City of Chapter 25 of the Lynwood Municipal Code by 3 of Chapter 25 and Adding a New Article 23 visions for Residential Units" to Chapter 25, to Bonus Standards For Affordable Residential ORDINANCE NO. AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS WHEREAS, Government Code Sections 65915, 65915.5, and 65917 requires cities to provide certain incentives, concessions or density bonuses to an applicant constructing housing units, a portion of which are restricted as affordable units or units restricted for senior citizens; and WHEREAS, said Government Code Sections were amended in 2004 by Senate Bill ("SB") 1818, in 2005 by SB 435 making clarifications to amendments made in 2004 by SB 1818, and in 2008 by SB 2280 making further clarifications in the density bonus law; and WHEREAS, the City Council of the City of Lynwood enacted density bonus regulations in Article 23 "Residential Density Bonus" of Chapter 25 in accordance with State law; and WHEREAS, The Planning Commission approved resolution 3260 recommending approval of Zoning Code Amendment 2009-03 on February 9, 2010; and WHEREAS, the City Council would like to amend its density bonus regulations as required by State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 23 "Residential Density Bonus" of Chapter 25 of the Lynwood Municipal Code is hereby repealed. ARTICLE 23 DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS Section 25-23-1 Section 25-23-2 Section 25-23-3 Section 25-23-4 Section 25-23-5 Section 25-23-6 Section 25-23-7 Section 25-23-8 Section 25-23-9 Section 25-23-10 Section 25-23-11 Purpose. Definitions. Density Bonuses for Affordable and Senior Citizen Housing. Additional Density Bonus for Donations of Land. Density Bonus & Incentives for Condominium Conversions. Density Bonus & Incentives for Child Care Facilities. General Provisions Governing Density Bonus Calculations. Incentives and Concessions for Affordable Housing. Waivers & Modifications of Development Standards. Parking Incentives. Standards for Density Bonus Housing Developments. Section 25-23-12 Application Requirements. Section 25-23-13 Application Review. Section 25-23-14 Developer Affordable Housing Agreement. SECTION 25-23-1 PURPOSE. This Article is being enacted: (1) to provide incentives for the production of housing for very low income, low income, moderate income and senior citizen households; (2) to provide incentives for the creation of rental housing serving lower and moderate income households; (3) to provide incentives for the construction of child care facilities serving very low, lower and moderate income households; and (4) to implement Sections 65915, 65915.5, and 65917 of the California Government Code as required by Section 65915(a). In enacting this Article, the city also intends to implement the goals, objectives, and policies of the city's general plan housing element to encourage the construction of affordable housing in the city. It is also the city's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the city desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This Article implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this Article as if fully set forth herein. SECTION 25-23-2 DEFINITIONS. For purposes of this Article, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Article its most reasonable interpretation. "AFFORDABLE OWNERSHIP COSTS" means average annual housing costs, including mortgage payments, property taxes, homeowners insurance, and homeowners' association dues, if any, which do not exceed the following: Very low income households: 50% of area median income, adjusted for assumed household size based on unit size, multiplied by 30%. Lower income households: 70% of area median income, adjusted for assumed household size based on unit size, multiplied by 30%. Moderate income households: 110% of area median income, adjusted for assumed household size based on unit size, multiplied by 35%. "AFFORDABLE RENT" means annual rent, including utilities and all fees for housing services, which does not exceed the following: Very low income households: 50% of area median income, adjusted for assumed household size based on unit size, multiplied by 30%. 2 Lower income households: 60% of area median income, adjusted for assumed household size based on unit size, multiplied by 30%. "AFFORDABLE UNITS" are dwelling units which are affordable to very low, lower, or moderate income households as defined by this Article or by any federal or state housing program and are subject to rental, sale, or resale restrictions to maintain affordability. "APPLICANT" means a developer or applicant for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this Article pursuant to Section 65915, subdivision (b), of the California Government Code. "AREA MEDIAN INCOME" means area median income for Los Angeles County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision. "ASSUMED HOUSEHOLD SIZE BASED ON UNIT SIZE" means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter. "CHILD CARE FACILITY" means a child day care facility other than a family day care home including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "COMMON INTEREST DEVELOPMENT" bears the same meaning as defined in Section 1351 of the California Civil Code. "DENSITY BONUS" means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the city, granted pursuant to this Article. "DENSITY BONUS UNITS" means residential units granted pursuant to this Article which exceed the otherwise allowable zoning maximum residential density for a housing development. "DEVELOPMENT STANDARD" means any site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, or regulation. A "site and construction condition" is a development condition or law that provides a specification for the physical development of a site and buildings on the site in a housing development. "FIRST APPROVAL" means the first of the following approvals to occur with respect to a housing development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permit listed in section of this code. 3 "HOUSEHOLD INCOME" means the combined adjusted gross household income for all adult persons living in a residential unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision. "VERY LOW INCOME HOUSEHOLD" shall have the same meaning as provided in California Health & Safety Code Section 50105. "LOWER INCOME HOUSEHOLD" shall have the same meaning as provided in California Health & Safety Code Section 50079.5. "MODERATE INCOME HOUSEHOLD" shall have the same meaning as provided in California Health & Safety Code Section 50093. "HOUSING DEVELOPMENT," means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. For purposes of this Article, "Housing Development" does not include projects for less than five (5) dwelling units. "INCENTIVES AND CONCESSIONS" are regulatory concessions as listed in section 25-23-9 of this Article. "MARKET-RATE UNIT" means a dwelling unit which is not an affordable unit or an inclusionary unit. "MAXIMUM RESIDENTIAL DENSITY" means the maximum number of dwelling units permitted by the zoning ordinance and land use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this Article. "SENIOR CITIZEN HOUSING DEVELOPMENT" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units) and Section 51.12 of the California Civil Code, or a mobilehome park that limits residency 4 based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. "SPECIFIC ADVERSE IMPACT" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. SECTION 25-23-3 DENSITY BONUSES FOR AFFORDABLE AND SENIOR CITIZEN HOUSING. A. Very Low and Lower Income Housing and Senior Citizen Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of twenty percent (20%) over the maximum residential density (except in the case of senior citizen housing, as provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria: 1. Five percent (5%) of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low income households; or 2. Ten percent (10%) of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households; or 3. A senior citizen housing development. For senior citizen housing developments, the density bonus shall be twenty percent (20%) of the number of senior housing units provided. B. Moderate Income. Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of five percent (5%) over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria: At least ten percent (10%) of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and 2. The housing development is a common interest project as defined by Section 1351 of the California Civil Code; and 3. All of the dwelling units in the housing development are offered for sale to the public. C. Higher Density Bonus For Greater Contribution Of Affordable Units. Upon written request to the city, an applicant for a housing development that is eligible for a 5 density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established in subsections (A) or (B) above, as follows: 1. Very low income units -For each one percent (1 %) increase above five percent (5%) in affordable units for very low income households, the density bonus shall be increased by two and one-half percent (2.5%) up to a maximum of thirty-five percent (35%), as follows: Percentage Vern Percentage Density Low Income Units Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 2. Lower income units -For each one percent (1 %) increase above ten percent (10%) in affordable units for lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty-five percent (35%), as follows: 3. Percentage Low Percentage Densitv Income Units Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 4. Moderate income ownership units -For each one percent (1 %) increase above ten percent (10%) in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent (1 %) up to a maximum of thirty-five percent (35%), as follows: 6 Percentage Percentage Density Moderate Income Bonus Units 10 5 11 6 12 7 13 8 14 9 15 10 16~ 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 D. Continued Affordability. Affordable units qualifying a housing development fora density bonus shall remain affordable as follows: Very low income and low income household units shall remain affordable to the designated income group fora minimum of thirty (30) years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units. 7 2. Moderate income household units shall remain affordable for a minimum of thirty (30) years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program applicable to the dwelling units. 3. Notwithstanding the foregoing, very low-, low-, and moderate-income units in housing developments qualified for a density bonus that are located in or found by the redevelopment agency to benefit a redevelopment project area shall remain at an affordable level for a period of not less than forty- five (45) years for owner-occupied units, and not less than fifty-five (55) years for rental units, in accordance with applicable provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). Upon resale, the city shall enforce an equity- sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The equity sharing agreement shall include the following provisions: (a) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health & Safety Code Section 33334.2(e). (b) The city's initial subsidy shall be equal to the fair market value of the home at the time of the initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. 4. The city's proportionate share of appreciation shall be equal to the ration of the city's initial subsidy to the fair market value of the home at the time of .initial sale. 5. Any contract, deed restriction, or other instrument used to implement the continued affordability pursuant to this section, shall be signed by the applicant and by the city as parties. If the housing development is located in or found by the redevelopment agency to benefit a redevelopment project area, such contract, deed restriction, or other instrument shall be signed by the redevelopment agency as a party or, at the redevelopment agency's election, the contract, deed restriction, or other instrument shall identify the redevelopment agency as an express third-party beneficiary with the right to enforce the terms of such contract, deed restriction, or other instrument. 8 E. Specification of Basis For Density Bonus. Each applicant who requests a density bonus pursuant to Section 25-23-3, shall elect whether the bonus will be awarded on the basis of subsection (A)(1), (A)(2), (A)(3) or subsection (B) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower-income affordable housing units or moderate-income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined. SECTION 25-23-4 ADDITIONAL DENSITY BONUS FOR DONATIONS OF LAND. A. Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to Section 25-23-3 also donates land to the city in accordance with this section, the applicant shall be entitled to an additional density bonus. Applicants donating land to the city shall be eligible for an additional fifteen percent (15%) density bonus at the site of the housing development if the donated land is suitable for the construction of very low income units equaling at least ten percent (10%) of the market- rate units being constructed for the project. The density bonus provided pursuant to this section shall be in addition to any density bonus granted pursuant to Section 25-23-3, up to a maximum combined density bonus of thirty-five percent (35%). B. To qualify for the additional density bonus described in subsection (A) of this Section 25-23-4, the donation of land must meet all of the following criteria: 1. The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to Section 25-23-3; and 2. The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and 3. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than ten percent (10%) of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and 4. The donated land is at least one acre in size or is large enough to permit development of at least forty (40) units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and 9 5. No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2 subsection (i) if the design is not reviewed by the city prior to the time of transfer; and 6. The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with Section 25-23- 3(D), which deed restriction shall be recorded upon the donated property at the time of its transfer; and 7. The land will be transferred to the city, the redevelopment agency of the city, or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and 8. The land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed housing development ;and 9. No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall be identified. C. Additional Density Bonus Based On Greater Suitability Of Land For Very Low Income Housing. For each one percent (1 %) increase above the minimum ten percent (10%) in the number of very low income housing. units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent (1 %), up to a maximum of thirty-five percent (35%), as follows: Percentage of Very Percentage of Low Income Units Additional Density That Can Be Bonus Accommodated on Donated Land 10 15 11 16 12 17 13 18 14 19 15 20 16 21 10 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 SECTION 25-23-5 DENSITY BONUS & INCENTIVES FOR CONDOMINIUM CONVERSIONS. A. An applicant for a conversion of existing rental apartments to condominiums is eligible for either a density bonus or other incentives of equivalent financial value, at the option of the city, if the applicant agrees to provide: (i) at least thirty-three percent (33%) of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or (ii) at least fifteen percent (15%) of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and (iii) the applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this Section. B. Condominium conversions qualified under Subsection (A), above, may receive one of the following, at the city's option: 1. A flat density bonus of twenty-five percent (25%) to be provided within the existing structure or structures proposed for conversion, excepting that a condominium conversion is ineligible for this bonus if the apartments to be converted originally received a density bonus or incentives pursuant to any other provisions of this Article 25-23 or pursuant to California Government Code Section 65915. An applicant may choose to implement a lower density bonus. 2. Incentives of equivalent financial value in the form of a reduction or waiver of requirements or fees which the city might otherwise apply as conditions of conversion approval. "Other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer 11 payments or other monetary compensation to the condominium conversion project or its applicant. C. The city reserves the right to place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value pursuant to this Section as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. D. Condominium conversions are eligible only for the granting of a density bonus or incentive of equivalent value pursuant to this Section 25-23-5, which bonus or incentive may not be granted in addition to, or combined with, any other incentives, concessions, density bonuses or waivers and reductions of development standards pursuant other sections of this Article 25-23. Nothing in this section shall be construed to require the city to approve a proposal to convert rental apartments into condominiums. SECTION 25-23-6 DENSITY BONUS & CONCESSIONS/INCENTIVE FOR CHILD CARE FACILITIES. A. A housing development that is eligible for a density bonus pursuant to Section 25-23-3, above, and also includes a child care facility qualified under this Section 25-23-6 is eligible for either of the following, at the option of the city, if requested in writing by the applicant: 1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or 2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. B. A child care facility will only qualify the housing development for an additional density bonus or incentive or concession if it is (i) located on the premises of, as part of, or adjacent to the housing development, and (ii) the housing development is otherwise eligible for a density bonus pursuant to Section 25-23-3. As a condition of approving the additional density bonus for the housing development, the child care facility must meet all of the following criteria: 1. The child care facility may be used only for child care for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable as stated in deed restrictions and pursuant to section 25-23-3(D); and 2. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low 12 income households, lower income households, or moderate income households pursuant to section 25-23-3. C. Notwithstanding any requirement of this Section, the city shall not be required to provide a density bonus or concession or incentive for a child care facility if it makes a written finding, based upon substantial evidence, that the community already has adequate child care facilities. SECTION 25-23-7 GENERAL PROVISIONS GOVERNING DENSITY BONUS CALCULATIONS. A. For the purposes of any provisions in this Article 25-23, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible. B. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number. C. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located. D. For the purposes of this Article 25-23, the "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus. E. Regardless of the number or extent of affordable units, senior housing, land dedication, child care facilities or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than thirty-five percent (35%). 13 __ TABLE 1: Density Bonus Summary Types of IVlinimum % ~ Bonus Additional % Affordable Affordable Units ~ Granted I Bonaas fore lJnits Provicving Each 1% Required for Eligibility .for a Increase in Maxim~uur~ Density Bonus Affordable 35% Boras Units A density bonus may be selected from only one ca tegory, except that bonuses for land donation may be combined with others, up t o a maximum of 35%, and an additional s . ft. bonus ma be ranted for a child c are facilit . Affordable Housin - Ve low income 5% 20% 2.5% 11 - Lower income 10% 20% 1.5% 20% - Moderate 10% 5% 1 % 40% income (ownership units onl Senior citizen Qualified 20% of the -- -- housing senior citizen senior citizen - housing housing units develo ment Land donation for Land donated 15% 1 % 30% of very low income can market-rate housing accommodate units 10% of market (assuming rate units, plus housing housing development development provides 5% qualifies for very low density bonus . income units) as an affordable or senior ro~ect. Condominium Conversion - Lower income 15% 25% -- -- - Low/Mod 33% 25% -- -- income 14 TABLE 1: Density Bonus Summary Types of _Minir~urx~ Affordabie Units ` Providia~g Eligibility for a Density Bonus Child care facility Housing development qualifies for density bonus Bonus Granted Sq. ft. in child care facilityt'~ Additional ~3onus Each Increase AffordaR~le Units % Affordable for Units 1% Req~pi~red for in;_ 91~Ilaximum 35% Bonus as an affordable or senior protect. Notes: ~'~ Maximum of 25% bonus for condominium conversions, or an incentive of equal value, at the citv's option. SECTION 25-23-8 INCENTIVES AND CONCESSIONS FOR AFFORDABLE HOUSING. A. Definition Of A Qualified Concession Or Incentive. An applicant for a density bonus pursuant to Section 25-23-3 may also submit to the city a written proposal for specific incentives or concessions as provided in this Section. The applicant may also request a meeting with the city's director of Development Services to discuss such proposal. For purposes of this Article, concessions and incentives include any of the following: 1. Reductions in site development standards or modifications of zoning requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health & Safety Code. These include, without limitation, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. In order to qualify as a "concession or incentive," the city must be able to find that the requested reductions in site development standards result in identifiable, financially sufficient, and actual cost reductions. 2. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located; or 15 3. Other regulatory incentives or concessions proposed by the applicant or the city, so long as the city can find that such proposals result in identifiable, financially sufficient, and actual cost reductions. B. Findings To Deny Concession Or Incentive. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following: 1. The concession or incentive is not required in order to provide for affordable housing costs or for affordable rents for the targeted units to be set as specified in Section 25-23-3(D); or 2. The concession or incentive would have a specific adverse impact; or 3. The concession or incentive would be contrary to State or Federal Law. C. Number Of Concessions Or Incentives. If all other provisions of this Section are satisfied, an applicant will be eligible for the following number of incentives and concessions: 1. One incentive or concession for housing developments where at least five percent (5%) of the total units are for very low income households, at least ten percent (10%) of the total units are for lower income households, or at least ten percent (10%) of the total units in a common interest development are sold to moderate income households; or 2. Two incentives or concessions for housing developments where at least ten percent (10%) of the total units are for very low income households, at least twenty percent (20%) of the total units are for lower income households, or at least twenty percent (20%) of the total units in a common interest development are sold to moderate income households. 3. Three incentives or concessions for housing developments where at least ten percent (15%) of the total units are for very low income households, at least twenty percent (30%) of the total units are for lower income households, or at least twenty percent (30%) of the total units in a common interest development are sold to moderate income households. 16 TABLE 2: Incentives and Concessions Summary Affordable units or Category ' % of Affordable units _ Pursuant to State Densit Bonus Affordable Housin - Ve low income 5% 10% 15% -Lower income 10% 20% 30% - Moderate income (ownership 10% 20% 30% units onl Maximum 1 2 3 Incentive s /Concession s ~~~~2>~s> Notes: ~'~ An incentive or concession may be requested only if an application is also made for a density bonus. ~2> Incentives or concessions may be selected from only one category (very low, lower, or moderate). c3~ No incentives or concessions are available for land donation. D. This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this section require the city to grant an incentive or concession found to have a specific adverse impact. E. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. SECTION 25-23-9 WAIVERS & MODIFICATIONS OF DEVELOPMENT STANDARDS. A. Applicants granted a density bonus pursuant to Section 25-23-3 may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this Article. The applicant may also request a meeting with the city to discuss such request for waiver and modifications. B. In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 25-23-3, at the densities or with the concessions or incentives permitted by this Article. C. A proposal for the waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 25-23-8. 17 D. The city may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact. SECTION 25-23-10 PARKING INCENTIVES. Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 25-23-3, the city shall not require a vehicular parking ratio that exceeds the following: 1. Zero to one-bedroom units: one on-site parking space. 2. Two to three-bedroom units: two on-site parking spaces. 3. Four and more bedroom units: two and one-half parking spaces. Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. For purposes of this Article, the parking ratios set forth in this Section shall be deemed a concession or incentive available to the applicant under Section 25- 23-8. SECTION 25-23-11 STANDARDS FOR DENSITY BONUS HOUSING DEVELOPMENTS. A. Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of the Lynwood Municipal Code. B. For developments with multiple market-rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market-rate unit mix. C. All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. 18 SECTION 25-23-12 APPLICATION REQUIREMENTS. A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first approval of the housing development and processed concurrently with all other applications required for the housing development. B. For affordable units qualifying the housing development for a density bonus, the application shall include the following information: 1. A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and 2. Proposed category(-ies) qualifying the housing development for a density bonus; and 3. Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and 4. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. 5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 25-23-4 can be made. 6. If the density bonus or incentives of equivalent financial value are based upon a condominium conversion with affordable units or senior citizen housing, the application shall demonstrate that the project meets the qualifications and findings stated in Section 25-23-5. 7. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facility and provide evidence that the findings included in Section 25-23-6 can be made. C. Upon submission of the application to the city, the director of development services or designee shall determine if the application is complete and conforms to the provisions of this Article. No application for a first approval for a housing development requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this Article. D. A request for a minor modification of an approved application may be granted by the city manager or designee if the modification is substantially in compliance with the original application and the conditions of approval. Other 19 modifications to the affordable housing plan shall be processed in the same manner as the original application. SECTION 25-23-13 APPLICATION REVIEW. A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this Article shall be reviewed as part of the first approval of the housing development by the approval body with authority to approve the housing development, unless additional review by the planning commission or city council is required. An applicant proposing a housing development pursuant to this article, may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. B. Within ninety (90) days of receipt of the preliminary application the city shall provide to an applicant, a letter which identifies project issues of concern (the maximum financial assistance that the director, of development services can support when making a recommendation to the city council), and the procedures for compliance with this Article. The director of development services shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 25-23-8 of this article shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the director of development services, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings: 1. The housing development is (i) eligible for a density bonus, and/or (ii) any concessions, incentives, waivers, modifications, or reduced parking standards requested conform to all requirements of this Article, and (iii) supported by a financing mechanism for all implementation and monitoring costs. 2. If the density bonus is based all or in part on dedication of land, the application meets the qualifications and findings stated in Section 25-23-4. 3. If the density bonus or incentives of equivalent financial value are based upon a condominium conversion with affordable units or senior citizen housing, that the application meets the qualifications and findings stated in Section 25-23-5. 4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the application meets the qualifications and findings stated in Section 25-23-6. 20 5. If a waiver or modification is requested, the applicant has shown that the waiver, modification or reduction of development standards meets the qualifications and findings stated in Section 25-23-9. D. If the findings stated in subpart (B) of this Section 25-23-13 can be made, and a request for an incentive or concession is otherwise consistent with this Article, the approval body may deny a concession or incentive based upon written findings of any of the factors stated in 25-23-8 for the denial or disqualification of a concession or incentive. E. If the required findings stated in subpart (B) of this Section 25-23-13 can be made, and a request for a waiver or modification is otherwise consistent with this Article, the approval body may deny the requested waiver or modification based upon written findings of any of the factors stated in 25-23-9 for the denial or disqualification of a waiver or modification. F. Nothing in this section shall be interpreted to require the city to grant an incentive or concession or to waive or reduce development standards if that incentive, concession, waiver, or reduction has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. G. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed as provided in Article 100 of Chapter 25 of the Lynwood Municipal Code. In accordance with State law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. SECTION 25-23-14 DEVELOPER AFFORDABLE HOUSING AGREEMENT. A. Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the director of development services, who shall formulate a recommendation to the planning commission for final approval. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Article and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed. B. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest." 21 Section 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3: This ordinance shall take effect thirty (30) days after its final passage. Section 4: The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the day of , 2010 and adopted and ordered published at a regular meeting of said Council held on the day of , 2010. ATTEST: Maria L. Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Maria T. Santillan, Mayor Roger L. Haley, City Manager APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department 22 STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 2010. AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this day of , 2010. City Clerk, City of Lynwood 23 OSe LY~,k '~ d AGENDA STAFF REPORT ~~~~~~. yttpo4~ DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Jonathan Colin, Director of Development Services,' David, Spears, Business License Specialist /9,/~. SUBJECT: Special Permit Request -Film Permit Recommendation: Staff recommends that the City Council approve the proposed Special Permit to allow the filming of a Cooking Reality show, subject to payment of fees, and compliance with all City and County requirements. Background: Berkeley Productions is proposing to film "Master Chef' at 2828 Butler Avenue, and 12150 S. Alameda Street Unit A. The sites are currently used by Filbar Tables Inc., and East West Stone, LLC. Discussion & Analysis: Staff received a request from Berkeley Productions on February 25, 2010. The proposed filming dates are March 18 through 20, 2010. The hours are 7 A.M. to 10 P.M. The Lynwood Municipal Code requires City Council approval of a Film Permit, and the applicant must meet the requirements of various City and County jurisdictions. Staff requires the following items be submitted to issue a Special Permit: • A completed Special Permit Application. • $100.00 Filing Fee. • An authorization letter from the business owner and property owner AGEN®A ITEM 1 fa • A Site Plan of where they will be setting up. • A description of the activities, hours of events, etc. • L.A. County Sheriff Department's approval. • L.A. County Fire Department's approval. Additionally, the applicant must pay the following fees pursuant to the Master Fee Schedule FY 2009-2010: License Fee $600 ($200 per day) Building Permits $35 (On-site Generator) $38 (Permit Issuance Fee) The total amount of fees due is $673, unless waived by the City Council. The balance of the fees shall be paid on or before March 17, 2010. Prior to final approval, the Building Inspector will inspect the generator. Fiscal Impact: The total fees due for the Special Permit are $673. Coordinated With: City Manager's Office City Attorney's Office Finance Department 2 i CP/)'~ / /u.." CITY. OF. LYNWOOD APPLICATION FOR`SP,ECIAL PERMIT , _ 11330 BULUS ROAD LYNWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: ~_~~/7pYnsf/,T~~ CDL#:~~~8 PHONE:. / /~ RESS: ~ (a ~(- .J ~-U~cvw~~CITY: ~P: OCCUPATION: NUMBER OF PERSONS EMPLOYED: /~ ~/ SBE: " ' ~ ~ ~ ~ (State Board of Equaliiafion~Number) EVENT INFORMATION TYPE F PE IT REQUESTED: ' 3 r~-3 ~. o D. E(S) EVENT: ~ y - //® HOURS OF OPERATION: -•" ~ ` ~ o~~'~ // ADDRESS OF PROPOSED EVENT LQCA ION:. ~~ ~!~ SPECIFIC AREA DESIGNATED FOR EVENT: ~~ !/,~/~ IS STREET CLOSURE BEING REQUESTED: YES ® (CIRCLE ONE) K-/~ (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:)- IF INDOORS,. APPROXIMATE TOTAL-GROUND FLOOR AREA OF STRUCTURE: Q HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES .,: ,. .. IF YES, fNHERE AND WHEN: ' `IS THIS-A'fOR=PROFIT OR ON-PRO N.. .(CIRCLE ONE): , . - ~.' .. ... . , 7 IFTHIS LSA~;NON.PROFIT EVENT QR A CERTAIN POR?ION OF' THE~'PRGCEEDS BENEFIT A ~~ .NON PROFIT.AGENCY_QR QRGANIZATION;"PLEASE:RROVIDE THE'FOLLOWING: NAIOIE'OF`ORGANIZATION'BEINGBENEFITED: ~ ' STATE NON-PROFIT NUMBER: "= ADDRESS.OF ORGANIZATION: PHONE: IS A V'JAI`/ER CF FEES BEING REQUESTED: YES,: NO ' IF YES, EXPLAIN: , A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED. TO THE CITY, I,HEREBY CERTIFY THAT ALL ; TATEM.ENTS..MADE.iN.THIS APPLICATION ARE TRUE'AND COMPLETE AND THAT ANY MISSTATEMENT,S;OF M R L FACTS',WILL CADS A"; FORFEITWRE OF FEES AND DENIAL OF PERMIT. " ,. " ID . " SI ,N .U E-OF APPUCAN .. " D E SIGNATUREOF APPLICANT DATE E:YL "~..-......~r.~... +rr auL _ .e 7.. +a. ..du+. .. ~ _ ~. ,~.'i w4.. r }..... ... ,f ... .t :.. .4' ..z ~ .. nt: ,,J .L _.n .> `: .. .f ~w ~c.:P(c m., FOR CITY USE ONLY CITY CCERk: CONFLICT WITH'PRIOR.APPROVED EVENTS.: YES i ... NO IF CONFLICTS EXIST, DESCRIBE: EVENT DATE APPLICANT ~. - ----~ X FIRE DEPT: (\ - APPROVED/NO CONDITIONS ',• APPROVED WITH CONDITIONS: COMMENTS:/CONDITIONS-FOf~APP_BOVAL:.:-----~---'"" '_ " - -~ l U _. ..:... - __. .. .. SIGNATURE ..DATE' . . X. SHERIFF'S DEP?: ~ APPROVED%NO CONDITIONS PPROVED WITH CDh(D1T~S: -'COMMENTS:/CONDITIONS FOR APPROVAL: '~,R-FFiL . 1 s N oT . FD ~f BL~7ClL~--.a ~7 3 3-iG - SIGNATURE DATE PUBLIC WORKS ° P R VEJ](N~CP~JDxiC~N PPROVED WITH CONDITIO COMMENTS:/CONDITIONS Fnc~'aap`~n° .. -.._ ,_ , ~~^1 J~CZ(w. ' ,.. G TURE . - . .:DATE , CO . .......... p :c~.Qv _.. _ . -. . . ~~~~- DEV DEPT( APPPOVED/NO CO":D{TIONS PPROVED WITH CONDITIONS: COMMENTS:/CONDIOR-APR _ _~ 7r'Ii~' 1 s ~: ~ ti ~3:r i+~~ • ~. - ~ n ~ ° o ^ , p ^ D, ^ ^ ^ • O ~ n Z -1 m 7J ~ ~ ~ r_ ~ 77 _ m -- Z p ~ -,. o ~ m p ~ ~ ~ ~ O ~+ .~ m m m N D m T p Q O ; ~ ,m ~ o m m . ~~..~ ` ~ m m o z o `.,-- . ,~ L1 o W (~ A m o q..~.<.~ 7~ 71 W ~ ~ -"•^ O Z o . , m ~,.~,.~~ ~ N z D o ~ ,~ ~ .y Nom, >, ;' --; ., - m . _ : , :. o a~ ~q ; _ ~ ~ ~~~ 1 ~ ', -•I - ~ -- ~ ~ r ~ ,- , . m ~~ ~r ti _ ~~ ~ o I , ~. 'Z^^ - .. . ~ i~\ \Y -°'-" DATE: 3/02/2010 To Whom It May Concern: Description of Events: Master Chef is a Cooking Reality show involving celebrity Judge Gordon Ramsay and others searching for the next great American chef from aspiring contestants from all over America. We would like to obtain a special permit for a segment of our show involving 30 contestants in a semi final all preparing their own version of a gourmet omelet for the judges in the 12150 S. Alameda St. Unit A building on 3/20 between 8am- l Opm. The top 20 will then come back the next day, 3/21, and present their best baked chicken dish to the judges between Sam-lOpm. From there the judges will decide who is going to the finals. Our base camp, parking, catering and prep areas will be in the parking lots of the 2828 Butler Ave building. Or crew size is between 90-100 people. Our cast size is 30 people. We will be using a generator for power and all our vehicles will be contained within the properties of the 12150 S. Alameda Unit A and 2828 Bulter Ave. in the city of Lynwood. Any questions or concerns feel free to call me. Thanks, Stephen Amt z Location Manager (424) 236-7500 office (ext 7615) (323) 528-1793 (cell) ~~ iv t~ :-~ r .~ .'~ YJ ~ f J, _ ~ iJ _ G -~ J ' ~J CJ :r _ ~~'=' 3 Y. .•a r '~ i - ) f - ~ _ ~ ; .~ . _ 1 i /~ 1 '' ~.Y \~ `~ 1 i ,-~ . 1 V; ~V ~t ~~ ~_ ~• "f ry -~ . 'n .~ 'C~ tD ~y L Ctp •^~ _~ iy ;.~ V ~~ a ~~l (: [~~~1 L~ V~ 2 \u '~ ~ o ~. ~ ~=+ ~ O. i=+ N ~ ,^ i . c..; v~ n t7 c~ t?) ~? ~~ G n ~. :^, ~,~ ~~ ~~- .~, _ ,,? ~, ~~ r :J ,_' '' J <n~ ~~ ~j =~ ;`~ °~ ~, -J -~ ~p~ ~J • `~ rw ':1 ~l• , - J~ r~ ~~ ~ ,~-1 ~.~1 /• Q 'b ~ y. ~~ ~. QQ N (D (~D Q O tD v;' ~~ 0 1 r~ . ~. J w tv N 0 l~''~ I~'~/ V _~ ^{~ ,~.r r-+ ~A1 No. 0919 P. 1/3 d ~o y z y 0 y O r (yo V 1 r Mar . 7. '~ v ~, `~ 3 : '~! '- . ! .`'.':~`:~ = D = ~ =~ ~ :` G S ~~. ~ _ T Y a ~ i L iv U'~! I T N o. 0 919 P, 2/3 ~ _ ~ ~ ~ ti,~fiRE `ti N ~~ '+ ~:`~ :, - ~~~i~~~ O~ LOS Ai~GELES ~I~E ~r~:~~R'C'i~d~fti'P i"I4~E ~RE~'Et~~'i0~ bIViSION ~~.~~ ~~~M~S ~N~ ~~~~LES REQUIREMENT SHEET ~, •~~ . _..., ~-~,a,-~::=:- ,Section ~~0~ ~ 32 cf "h~ i_os ~ng212; ~,ounty Fire Code states... an operational p~:~ . ~ rr=:~~;.° ~~ _o use ope!~ flu;-~:es Gr candles i-~ connection with assembly areas, dining areas or restaurants n; _;~r+~ing esYacllshrrs=3r;'S ~.dn!~~:nal rEC+l~ire,'n€°!1ts rr,ay be applicable as per chapter 3 sec. ,7~r. ®[~?cr! ~"icr3le o ,~ perso- :-i'~~ii not r~;_ii~e, cr a;!w~• :c ~=.:~~:i?i~e~~, ar, open flame in connection with a public ,..~; y~Yin1~ c; t~atheri:;c~ far r~.t~rp~.:ses of c~slihe ration, wGrship, entertainment, amusement, ip~'rt!•^-ic~rt, _t-:~~,^^°~oP~, r _~c~e.~~~3r, -0~~di~iin~ t!~ans f~Grtation cr similar purpose in Group A or l= :;c :!!pa,t.'!~ ; ,R~ithGUt flr~° :~'Lat_~i~',i~;C~ < ~errr+it. :'~~^~-'h~`-??i~2 iJ~Gcr~c's.tilrt=s ~~°a'iCO~ o Open-flare decorati~:`e d;vices sf~all comply with all of the following restrictions: _, Class I a ~~_~ Gass 11 liquids ar,c? l_~-gcs sf3all not be used. ;, ~ i~ui~a- r; ~ri~id-fue.le.-i Ito~;?inc -~cV1 JUS CGr'itainin_r; more than 8 ounces of fuel must self-extinguish an.~! -~:~¢ ~~1; ._ I a~ ~ rates :~f ~I~~c t+?~~ r~-L;~ tcasporn per i^~inute if tipped over. c ~ h:F detio;r~ ;; h~~ider hr-ti h cc:ns ;-u,~t~! t~~ nYe«°nt the spillage of liquid fuel or wax at the rate ,; n?c~r= ~~-.y~ .~ _~ ~ ~.e-spy: ~~ c,=r rv?in!~te irfn~~n the device or molder is not in an upright position. r,` ded:._v ~,r i~o;;Ur s`.r+~:l be deslgn~a s~> that it ~~ill return to the upright position after being til_e~+ ±~ r r` ar~.~le ,rY ~~ d~-gees frorr~ vertical. ~uception: nevices chat self-extinguish if tipped defer a~id rb.. !got spill fi~+.e, or ~n,~~ at th;~ gate Gf more than 0.25 teaspoon per minute if tipped over. c, Tl,e flar/> ~".alt be s~.cic~;~~d ~xc~~t ~r~f~ere ,openings on the side are not more than 0.375 inch iliar~rletcr :;~~~ ,;,irv~rE o aenir~{1s ~ ~:, Gn the top a;;d the distance to the top is such that a piece of 11;.;:;!!E %~+~k:f ~IaCF.~~ ~Iil ?i~G iG%` Uril? %Gt IC, 11;#~ in lif ScCOnd~. ;~:,ir„a°.-:,= :f;a!1 ~~ r~a:~e =~~ rz;F~~or~ibt_!srt~~!e materials and securely attached to the open-flame ~~=:vic~ ~._~,. ,_,,,t!~~;<: ~'. c;:,,~~.y ;s ;gut r~rsired tG ~e attached to any open-flame device that will .'.: ,`-=~:•'. .. . iv '?~ .. i~!E'1• i ::F i. iiG~;.=,i; ,i der. -~j i .. . -,Y-•4. 4h~r:! ~ c>?~:,~I~~ ~c=alc=>~'? "Jr SPCSic~.CG. o ;~rcru~.~~ ,~, -, .. -I~,n~• ;rt~• r,i ~~?mra~~ti,~1= liquids she!! b. in accordance with the Fire Code. ~; ; ;3clc'~ ,R~.~~r~ t,~~d. ~ttrl~ t7r'• ;~~ade cT nc>ncomtoustible materials and securely attached to p~"ti= C3d?~f1-~l~:,s~ reVi~e ~lf~!CEr Or a:Yll!'t"!rley. ^;a~-~~,3I~ :-,-- k~it".rt !`iFr~e~-~„~~`~; C _tr;`~i,s _-rdi1 die s~cLrely fastened in place to prevent ~~ +~{urn ~.r.~ ~t~~ii ~ :.:ca ^~~r=:y trc,~,~ ,rccurdnts using the area and away from possible :_. ~c,,,~,r•~ -. -a~a•:;e~, cur:~==:i;is %r U'i'~e c;crlhr;~rihl~~s. c, ,. Lr: a r ... . ~ ~ ~ . c f c' i-. I. -tr~ierr+s. ~~eres~.ne heeters, and gas-fired heaters shall not _~ Ic~;~~:_: ~- ;r r::~.: •.i_,.;.,-,,,i=» r~~ai~.riai :~r similar combustirale materials, v ~ ~'n+31,~c: ;':. c.~' `JE `~~sir~:!iti! ci:;`. 1:~ c!r~~=~s u••Ji?~re C~L'CLln,~nt5 Stand, or in an aisle or exit. =:Q ~ t I Mar, i. ""%v '~' ~ ~:: ~ '_~,~:;!~~ ~' ~ i' :C ;=..~ :~~' ~~ ~ ~ livi Ulu i T No. 0979 P. 3/3 +,~.r,en, ir: °:r.~ ~;~i; Ei~„~ ;;t tl~;e fire cony c~icisl, edequate safeguards have been taken, participants :;; r:eligi;,,," ~~.~ernL(+fes arc _!~^4ved to ccr+~r handheld candles. Hand-held candles shall not be ;SCC ,.. - °:'t2 ~`"rSG1'... ?r~th~; w;~,ilc ~iC~'hicd. ~,t_ L~tt;,e; e a ~;~,~ ~;,`:~1; ,,~er~-t!~rY,c CE~IiCC-S l?5~'~ !!"i conjunction with theatrical performances are aiiower t~ ~;" ~{sed w:•l~er+ ece:~u?t~ s~fet,r fir,cautions have been taken. ~Yi3 ~ '~. ~6'Ca e~ ! ~ u ~~~an ~i~. ~ :far > sh2+ not uk" .,fin ~,~ ~ sir+J~ 4 OCGL~7?nC~. _;,,,~;~~~,;~ ~ . ,Jre ; t,~•r~:.. ,«~;ic,_." ~,o ~I!c~~~e~! to be used :~n the following situations, provided ~,a,~rov;=~ti. ~rvcuut;cns ter: a~~r, tc a;etle{~,° ig;~itio" 03 a combustible material or injury to c +,:~-:e.~= ~,ec~s,a~,,`.r _~r~r:~~onia>l o+~ re!!gio+J_ purposes, _ .. _.. c~et ~;c~ =:•l.r~r~r-ai4 ,~, ~ ,~ce4sa~y rar: of a pErformance, c 'as•".~ ~; G~-!":~~Ie~ ro-. tuy~~:~s ire sec+Jre!`~ su~~aried on substantial noncombustible bases ., ,~, ,~,~: t: ~ ca+~dle ~i~x,~e~ .=re ~rc,tected, o - _-.,t_,rJri`?riia ~;,.+;,;,~:~, een-,;~Ivine ~~ith the 1=ir~ Code and the California Mechanical ~ - ~;, -its <~r :~ : ~~~; r ~c ~~7~.~ ~rc~±ridvd sdeg+~ate precautions satisfactory to the fire -, _. ~ l7iCiG! ~r~ ' ._ iQ ~; v\j~~:+t i~?li}iG>>? 0' combustible materials. ,?;,~n~'iri0;7Y1 ~~'~u+:~rr+,~r~Yy .~ w=~~i~~t~;~i:; .~rY ~;~3t7t~ ?.~;! ` t?~_~-:':~-tahle with Butane - ~. ---,- t - ,r ~~ ~~:~~ ~cv.Gl ; `J w'Cv ~ JT f~ Mar-O1-10 O2:45P east west 03/01/2()1 U Ilkley Productions/ T'uxe Maser Chef P_O2 CARt•,Bnl~. c:A`~ZUti•0,•W ~:~_, ;c,u ~ui3.9Ecyrs ;~i ibU f>C~3•~~tiC••1 IlJIU~~~~Cq$'iVVI til~ii)NF..[:<1M WP.~1:J.FA`, 14VI ~ E': I!_1NF ~ (,M I, John Kennedy, President of East West. Stone i.[.C aulhori~e I~kley Productions and 1''uxes Master Chef to use nor facility for pruducti~n oPa show pit 121 SU-A S Alameda 5t, [.ynwoud, (;A 902b2 aka 425 I7ixnn St. fni• the dates of 03/18/201 U to 03/20/2010. Sincerely John Kennedy, President. Fast West Stone, LLC >•1 I k C; I N 1. C. 11 L T t l It F ~ V A L tl f A N I l 5 T Y L F Filbar Tables Inc. 2828 Butler Ave Lynwood, Ca To Whom It May Concern: I, Phillip Krinnit, owner and president of Filbar Tables Inc, located at 2828 Butler Ave in the city of Lynwood, authorize the use of my companies property for the purposes of television production of the show Master Chef by Berkley Production on the dates of 3/18-3/20/2010 between the hours of lam-1 Opm. Any question feel free to call me. Sincerel , x 1~~ ~ /// r..' . • ~'V ~~ ~//~ G i ~ ~' ~~~~ Phil Krinitt President Filbar Tables Inc. (310) 489-6656 ACORD. CEI~T~FGCe4TE ~F LIA~IL9TY INSl~Rr4N~E '~, oA,~,MM,DD,YY, 3/2/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTHUR J. GALLAGHER & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSURANCE BROKERS OF CALIFORNIA, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 505 N. BRAND BLVD., SUITE 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GLENDALE, CA 91203-3944 CONTACT: Hamila Bhika INSURERS AFFORDING COVERAGE DIRECT LINE: 818 539-1291. FAX: 818 539-1591 INSURED INSURER A: EMPLOYERS FIRE INSURANCE BERKELEY PRODUCTIONS, INC. INSURER B: Reveille Independent, LLC INSURER C: 100 Universal City Plaza, Bldg 5170 Universal City, CA 91608 INSURER D: .COVERAGES - _ ---- --_ _ _ ---------- - _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLK:Y NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMBS DATE (MMlDD/VV) DATE (MMIDD/YY) GENERAL LIABILRV CP00646-00 01/27/10 01/27/11 GENERAL AGGREGATE $ 2,000,000 X ~ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 1,000,000 CLAIMS MADE ~ OCCUR PERSONALBADVINJURY $ 1,000,000 A EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (ANYONE FIRE) $ 100,000 GEN'LAGGREAGATELIMITAPPLIESPER: MEDEXP-ANY ONE PERSON $ 5,000 POLICY X PRO LOC - JECT DEDUCTIBLE $ NIL AUTO MOBILE LIABILRV - CP00646-00 01/27/10 01/27/11 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ~ (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS P0030MP000070-00' (Per person) A X HIRED AUTOS DEDUCTIBLE 10% OF BODILY INJURY X NON-OW NED AUTOS LOSS SUBJECT TO A (Per accident) $ X PHYSICAL DAMAGE" $2,500 MIN/$5,000 MAX PROPERTY DAMAGE $ (Per accident) GARAGE LIABILTY - AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLALWBILRV EX00418-00 01/27/10 01/27/11 EACH OCCURRENCE $ 10,000,000 A X OCCUR ~ CLAIMS MADE AGGREGATE $ 10,000,000 UMBRELLA FORM $ X OTHER THAN UMBRELLA FORM DEDUCTIBLE $ NIL WORKERS COMPENSATION AND EMPLOYERS' LIABILRV 4060288420000 06/22/09 06/22/10 X TORY LIMIT EqH q ANY PROPRIETOR/PARTNER/EXECUTIVE EVIDENCE ONLY E.L. EACH ACCIDENT $ 1,000,000 ~ OFFICER/MEMBER EXCLUDED? PAYROLL SERVICE E.L. DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under USED E.L. DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER (PRODUCTION PACKAGE) MP00069-00 01/27/10 01/27/11 A THIRD PARTY PROPERTY DAMAGE Limit: $2,000,000 DED: $2,500 MISCELLANEOUS EQUIPMENT Limit: $2,000,000 DED: $3,500 PROPS/SETS WARDROBE Limit: $1,000,000 DED: $2,500 DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY (CG 20 26 07 04) OR AUTO LIABILITY POLICIES AND A LOSS PAYEE UNDER THE PRODUCTION PACKAGE POLICY BUT ONLY AS RESPECTS THEIR AGREEMENT W ITH THE NAMED INSURED FOR THE RENTAL OR LEASE OF PROPS, SETS & WARDROBE, EQUIPMENT, VEHICLES OR PREMISES FOR THE PRODUCTION: "Masterchef". - - - -- - - CERTIFICATE HOLDER ; CANCELLATION, SHOULD ANV OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Lynwood DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 11330 Bullis Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Lynwood, Ca 90262 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. [~dW~" AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ~, ~ , ~ ~ ~ ~i • r ~! N d •. > ~ t # •* O ~ C p `~ • ~ ~ C ~ m ' `° i j °' d p, p P -~ ~ ~, ,~ ' a .~ _ ¢, O J L..~ ~" ~ w ~ ~ ~ ~ ~ ~~~ ., I 00~ ~~ ~ ,~ N p N a ~, ~ ~ ~ ~ ~ ~ °o btl ~, o ~ ~ C ~ ~ o ( y -.. o C~ ~ • ~ o A ~ A ,~ oa ~ ~ ~: via ~ ~ ~ ~ ~ ~ ~ A ~ ~• o ~ 4 ~ ~ L=J ~ ~ ~ ~ r~ V7 ~Nw~° ~ , ~. ~, t~" ~ O x ~ o Q- ° ~ N ~ C r ~ ~, ~' ~, ~ „~ C~~D ~. ' p p G. ~ _ ~ 7' MCI ~ ~ „y ~ ~'C `i ~ i" e o " ~ . Cy °°~ _ d Nn ., ~ ~ ~ o r o, r ~ _ ~ r -} 1 ~ ~ w . ~, ~ ~~ N ~- --~ '-~ . - ~ o '~ i ~ ~, - t ~« ...... ~~ v, `d n ~„ ._ ~ F ~ o~ $ ~ '~~ « .~ ', ~ r ~ ~ _ .: dQ . ~ ~ Lp ~ ~_ .. .fi. *_ !., ~~ ~~- 1~R t ~l ~ ~ ~3ioJ ~~Q ~~'~~~ 12,000 250 z 48 1 New 400 Building -___- --w1-!--- r~emt -- -- r~ 22,115 413 x 55 2 400 Building 1943 Metal 22-24' 8,000 200 x 40 3 400 Canopy 1959 Metal 18' 1,200 40 x 30 4 Residence NA Stucco/Wood NA 7,875 105 x 15 5 Lumber Shed 1953 Metal 18' 4,510 56 x 82 6 Maintenance Building 1949 Metal 16.18' t~ykk ~ki~~~ 'hrxz}~, ~:31 t, ~~ ' ~~ = °a ! `. `~.~~ ~ Y ,. ~, y c~ .~- 11,200 160 x 10 1 Repair 1956 Concrete 16' 28,800 240 x 120 8 Finishing Department/Assembly 1972 Concrete 16' 11,200 160 x 10 9 Tables 195b Concrete 16' 4,800 120 x 40 10 Mill 1956 Concrete 16' 1,500 25 x 60 11 Quonset Building 1943 Metal 12' 15,400 220 x 70 12 Component Parts 1956 Concrete 16-18' 8,800 220 x 40 13 Rov Mill 1956 Concrete 16-18' 4,000 5U x tiU 42,900 120 x 320, 65 x 10 TOTALS ± 7.96* 346,738 ± 184,900 14 15 Shipping Warehouse 1912 Brick/Concrete 1912 Concrete 12' 18.20' * Currently the City of lYnwood is negotiating a reciprocal access agreement with the current ownership to increase Parcel E and reduce Parcels I & J, ...L:_L ...:II .......-a I:1...1.. _ :... L.a1...,..J..~.. 41~o r,..ornll .+..~, r.. r.o ~~,` AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager~J~ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer ~ Josef Kekula, Civil Engineering Associate Albert Espinoza, Administrative Analyst III SUBJECT: Water/Sewer Division Vacuum Truck 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 PURCHASE A VACUUM TRUCK FOR THE WATER/SEWER DIVISION AND DIRECTING STAFF TO MAKE THE APPROPRIATE BUDGET TRANSFERS." Background: At the June 9, 2009 Council meeting, the City Council adopted the 2009-2010 FY Budget. Included in the approved budget, is the necessary funding for the purchase of a vacuum truck for the water/sewer division. The vacuum truck is to be used for cleaning/maintaining the City's sewer lines, sewer. laterals, storm drains catch basins, and pipes. Discussion & Analysis: The City will "piggy back" (see attachment A) on to the Tahoe-Truckee Sanitation District procurement in order to purchase the truck. This method is allowed and is recommended since this agency bid out the specifications that match the truck that will meet our needs. Fiscal Impact: Funds are available in the FY 2009-2010 budget to cover the cost of the truck in account number 6051.45.460.66015. ` Coordinated With: City Attorney's Office Finance Department ~EI~DA ITEM A~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE A VACUUM TRUCK FOR THE WATER/SEWER DIVISION AND DIRECTING STAFF TO MAKE THE APPROPRIATE BUDGET TRANSFERS WHEREAS, the City Council adopted the 2009-2010 FY budget on June 9, 2009; and WHEREAS, the FY 2009-2010 Budget authorized the purchase of a vacuum truck for the water/sewer division; and WHEREAS, the truck is needed to perform necessary routine maintenance of the City's sewer lines, sewer laterals, storm drain catch basins, and pipes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood authorizes the purchase of a vacuum truck for the water/sewer division and authorizes staff to piggy back from Tahoe Truckee Sanitation District. Section 2. That account number 6051.45.460.66015 will be used to purchase the vehicle. Section 3. This resolution shall go into effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16T" day of March, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer 2 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 day of ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) 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 City Clerk, City of Lynwood 3 Address: Pbo®e: (310} 355-1700 3921 West 139t° Street 'roll Free: (866) 422-2156 Hawthorne, CA 90250 Fax: (310) 355-1711 Web: www.plumbersdepotinc.com March OS, 2010 City of Lynwood Attn: Jose Molina 11330 Bullis Road Lynwood, CA 90262 To Whom It May Concern: Plumbers Depot Inc. will honor the same Equipment Price to the City of Lynwood, as it was sold to Tahoe Truckee Sanitation Agency/Weco Industries Purchase order: 21472. Tahoe Truckee Sanitation Agency Unit Price for Combination Sewer Truck was 298,000.00 plus Applicable Sales Tax '~'mtal P>i~aee f®lr Cnty ®f I,yn~v®®d 5298,®0®.0®+ Applicable Sales T~z. Addntaoi~ ®ptA®n: Upgrade to Peterbilt Mode136S CNG Chassis 49,000.00 Any Questions please feel free to contact Jose Martin at 310-753-1110. ATTACI~MENT "A" t _....., t ®~~Fax sent by ®a ® ~® TTSA 02-04-10 09:33 Pg: 1/2 '~'AEIOE-TRi~CKEE SAN~~'~',A,.T~ON AGENCY A Public Agency 13720 Joerger Drive Directors - TR~UCKIC~, CALIFORNIA 96161 O-R- T3uu~:rfie[<l (530) 587-2525 • 1".A.~ (530) 587.5840 llale. Cox ` Erik Henriksen S. Lane Lewin Jon Norrh.rup General Manager ~'ACSIIi~I~,E TRA~VS]V~~T7',A.~ S]E~EE'~' Marcia Beats Date: a~~~~~ T Fax No.~.~j~Q _ 3~~-/7 ~~ From: Subject: V ~ti,~,~ _~ Pages (including transmittal) The original document will not be mailed. The original document will be mailed on this date. Comments: Please review and, comment. --^~Pursuant to your request. ,For your information. Other: Please notify. this office at (530) 587-2525 if there is a problem with this transmission. Our 1~ AX number is (530).587-5&40. *This faceimila is intorid~d for the addrissw'shopri iabova. It may contain information that iQ privileged, ov~identi:al~ or vthoswise protested from disclosure. Any review, dioeetaination, or usa•of this transmssion or its contents Dy persona.other than. the addressee i9 strictly prohibited. If you have r®c0lvad Chia tranamiaaion in error, please notify tho soridas immediately and follow th®ir instructions regarding the di®poeition of this facsimile. NORTH TAt-l0)r • TAHOIr CITY • ALPINE SP1t1NGS ~ SQUAW VALLEY • TRUC1C1rE 5305875840 k'ax sent by 5305875840 TTSA ., 02-04-10 09:33 Pg: 2/2 ~pecia~, Meeting Minutes ; November 18, 2009 e3 ~. '; 7. Award Contract to Furnish One: (1 }Chassis-Mounted Combination Sewer and Catch Basin Cleaner (GapVax, Inc: Model No MC1007 or eauall: Ms. Beals reported that the Agency received three bids for the chassis-mounted combination sewer and catch basiri cleaner. She said that the two lowest bids did not meet the requirements of the equipment specifications. Ms. Beals said the GapVax equipment, or equal, was specified and she recommended that the Board reject the two lowest bids as non-responsive and award the bid to WECO Industries. Ms. Beals presented a table, which is attached to these minutes, which shows the various ways in which the two lowest bids were non-responsive. Mr, Kronick suggested the Board make findings that the two lowest bids-from 3T Equipment Company, Inc., and Municipal Maintenance Equipment were non-responsive, and to reject both bids. MOTION by Director Henriksen, SECOND by Director Northrop to reject the bids from 3T Equipment Company, Inc., and Municipal Maintenance Equipment as non-responsive; unanimously approved. MOTION by Director Northrop, SECOND by Director to.I-Ienrikson to award a contract to furnish one (1)chassis-mounted combination sewer and catch basin cleaner (GapVax, Inc. Model No. MC1007, or equal} to WECO Industries in the amount of $298,000; unanimously approved. S. A Rooter-Man Plumbing Sewer & Drain Service Progress Fay Estimate No 1 for TRI hoot Remova] oiect: Ms. Beals reported that.the woz~k completed under this contract has been reviewed and approved by Agency staff and recommended paying the contract amount in full. Mr. Parker added that the contractor used a combination of hydraulic pressure, cable. wire and a chain flayer to remove the roots from the TRI pipeline. MOTION by Director Lewis; SECOND by Director Henriksen to approve ARooter-Man Plumbing Sewer & Drain Service Progress Pay Estimate No. 1 in the amount of $9,685.67; unanimously approved. 9. ERS Industrial Seryices,lxtc., ~'ro~ress Pav Estimate No 2 for Filtration Improvements Project: Ms. Beals recommended'that the Board approve the 90% payment to the contractor, file a notice of completion on the project.with Nevada County, and pay the remaining 10% after 60 days. MOTION by Director Cox, SECOND by Director J.ewis to approve ERS Industrial Services, Inc., Progress Fay Estimate No. 2 in the amount of $42,653,81; unanimously approved. ... . ~., . , . ;• ,.., • . .. .. .:~::;;~c.k~'~'iisl`r1~~411vGtli~rr.'.:~~`r~~dfii~' . ... .......... _., ~~~~~~ ~`~ -.,. DATE: AGENDA STAFF REPORT March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, -City Manag PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Rejection of Bids and Re-advertisement for Yvonne Burke-John D. Ham Park Sports Field Lighting and Picnic/ Exercise Facility Improvement Project, Project No. 4011.67.945 Recommendation: Staff recommends that the City Council adopts the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS FOR THE YVONNE BURKE -JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 AND AUTHORIZING STAFF TO RE-ADVERTISE THIS PROJECT". Background: The Sports Field Lighting and Picnic/Exercise Facility Improvement Project was advertised on February. 15, 2010 in the Press Telegram ,and on February 18, 2010 in the Lynwood Press Wave. Fifteen contractors received project plans, specifications and bid documents. Five contractors submitted bids on Thursday, March 4, 2010 at 11:00 A.M. The contract documents called for the Base Bid, which includes the installation of seven sport field lights and three picnic facilities; and the Additive Bid, which includes the construction of seven exercise stations. The bids are listed as follows: BID RANK CONTRACTOR BASE BID ADDITIVE BID TOTAL 1 MALIBU PACIFIC TENNIS COURTS, INC. $ 342,000.00 $ 112,000.00 $ 454,000.00 2 CORNERSTONE GENERAL INC. $ 370,000.00 $ 20,438.45 $ 390,438.45 3 PIMA CORPORATION $ 570,143.24 $ 96,500.00 $ 666,643.24 4 KASA CONSTRUCTION $ 464,000.00 $ 24,500.00 $ 488,500.00 5 MINAKO AMERICA CORPORATION $ 1,337,500.00 $ 259,000.00 $ 1,596,500.00 AGENDA ITEM Discussion & Analysis: The lowest base bid was $342,000 which exceeded the engineer's cost estimate of $180,000. The total remaining balance of $220,000 of the Park Replacement Fund for this project is being held in escrow by Los Angeles County. Since the lowest base bid amount exceeds the project budget staff is recommending that the City Council rejects all bids and authorizes staff to re-advertise this project. Staff is planning to re-bid this project in three separate components, i.e. sport field lighting, picnic facility improvements and exercise facility improvements. This bidding setup will allow staff the flexibility in choosing the scope of improvements that fit the project budget. Concurrently, staff will seek available grant funds to augment the current project budget. Fiscal Impact: There is no fiscal impact should the City Council adopt the attached resolution. Coordinated With: City Attorney's Office Finance Department City Clerk's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS FOR THE YVONNE BURKE -JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 AND AUTHORIZING STAFF TO RE-ADVERTISE THIS PROJECT WHEREAS, the Yvonne Burke -John D. Ham Park Sports Field Lighting and Picnic/ Exercise Facility Improvement Project, Project No. 4011.67.945 was advertised on February 15, 2010; and WHEREAS, on March 4, 2010, five contractors submitted bids; and WHEREAS, the lowest base bid exceeded the project budget; and WHEREAS, staff believes that by changing the bidding setup the City has more flexibility in choosing the scope of work to meet the project budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1: That the City Council rejects all bid submitted for the Yvonne Burke - John D. Ham Park Sports Field Lighting and Picnic/ Exercise Facility Improvement Project, Project No. 4011.67.945. Section 2. That staff is authorized to re-advertise this project. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16t" day of March, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez Roger L. Haley City Clerk City Manager 3 APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 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 day of 20 ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) 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 , 20 City Clerk, City of Lynwood s AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana er REPARED BY: Robert S. Torrez ACM -Admin. & Comrri. Svcs. P , SUBJECT: Fiscal Year 2009-10 March Budget Update Recommendation: Staff recommends that City Council: 1) Receive and file the FY 2009-10 (FY 10) March Budget Update; 2) Approve the budget and staffing changes; 3) Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2009-10 MARCH BUDGET UPDATE MODIFICATIONS". Background: On February 16, 2010 staff provided the City Council amid-year budget report. The report was based on December 2009 year-to-date expenditure and revenue data, with preliminary January data provided. As such, it was noted by staff that since most major General Fund revenue is received in the second half of the fiscal year, there was not sufficient data as of the end of December to determine significant trends with any certainty. For example, retailers typically generate nearly 50% of their annual revenue during the Christmas holiday period. However, the City does not receive its share of December sales taxes until March or April. Therefore, staff indicated it would return to Council at its second meeting in March with an update on City budget performance. AGENDA BTE6V1 Discussion & Analysis: Typically, in every city, it takes about 3 weeks from the end of one month to close out the books on that month. Thus, as of today's date, the books on February have not been closed yet; there are still some expenditures and revenues to be posted before the books close. Therefore, today's update presents complete January 2010 year-to-date data and preliminary February budget data. The adopted Citywide expenditure budget totals $118.2 million and includes the budgets for all funds including the Redevelopment Fund, Water Fund, Lighting & Landscape Funds, Traffic Safety Fund, Prop A and C Funds, the General Fund and all other funds. The Citywide budget includes transfers between funds; actual net budgets are much less, when the transfers are excluded from the calculation. The General Fund budget totals $31.5 million and is funded by $28.7 million in projected revenues and $2.8 million in reserves. Council has reduced the City- wide expenditure budget by approximately $6.5 million over the last three fiscal years. However, the reduction in expenditure budgets has been offset completely by increases in the costs of the Los Angeles County Sheriff and Fire services contracts. Regardless, the cuts to the City's budget were real and 40 positions were eliminated from the City budget over the last three fiscal years, resulting in some employees being laid off. General Fund Revenues As was reported in February, revenues continue to be a mix of "good news, bad news." Some revenues are down, while others are coming in higher than at this time last fiscal year. The table, below, provides a summary of some of the City's major General Fund revenues. Staff included in the totals those February revenues that have been received but not yet booked Please note that the All Other GF Revenue line includes transfers into the General Fund from the LRA, Water Fund and other funds as well. The year-to- date total is higher in February 2010 than in February 2009 because this fiscal year, Finance staff have been directed to make the transfers into the General Fund at the beginning of the year instead of at the end of the fiscal year, as had been done in the past. 2 General Fund Revenues FY 2009 Actuals FY 2010 gdopted Budget YTD Collected (AS of 1131/09) YTD Collected (As of 1/31/10) YTD Collected (As of 2/28/09) YTD Collected (As of 2/28/10) Secured Property Taxes $2,080,071 $1,783,000 $1,012,774 $918,394 $1,087,475 $1,119,314 Unsecured Property Taxes 33,499 100,000 50,568 54,459 50,568 54,459 Sales Tax (Bradley Burns) 2,242,098 2,427,350 1,206,097 960,432 1,413,197 1,159,632 UUT 5,949,307 5,676,285 3,398,437 3,061,643 3,810,544 3,261,550 GaslPipeline Franchise NA 181,000 0 12,537 0 12,537 Towing Franchise 0 261,678 0 4,816 0 6,373 Vehicle Release/Admin Fee 109,114 119,900 69,344 58,940 74,942 58,940 Electrical Franchise NA NA NA 0 0 0 VLF Backfill 5,868,454 5,641,932 2,934,227 3,002,227 2,934,227 3,002,227 Sales Tax Backfill 866,799 913,650 433,400 367,296 433,400 367,296 VLF 248,785 673,100 113,422 48,987 134,780 69,896 Business License Fees 427,318 400,000 207,644 117,403 354,562 314,700 Parking Citations 1,082,747 1,089,000 538,650 593,760 670,532 650,681 Other General Fund Revenue 9,734,381 9,473,742 3,946,836 4,565,461 4,872,232 5,149,878 Total General Fund 28,642,573 28,740,637 13,9181,39 13,766 355 15,836,460 15,227,484 NA = Nrlor year budgets were reported in aggregate under "Franchise Fees"; for the current year, they are reported individually. Prior year individual budget amounts not available. The following provides highlights of a few of the revenues listed in the table. Secured Property Taxes - The Secured Property Tax is what most of us normally refer to as "property taxes"; it consists of tax payments on real estate, such as homes, land, apartments, stores, offices, etc. The State did take about $367,000 from the City's December revenues, and is scheduled to take another $350,000 in April. The City should receive reimbursement from the State Prop. 1A bonds by the end of May for this takeaway. Recall that the City is receiving these reimbursements as the result of the Council directing staff to register for the reimbursement program. Assuming those reimbursements are received, the Secured Property Tax is on target to meet the budgeted amount by fiscal year- end. Sales Taxes -The Sales Tax is very sensitive to swings in the economy. Many cities who put all their eggs in the sales tax basket, by focusing all their development on retail, are doing very poorly now as the result of the recession. Lynwood is not as dependant on sales tax revenues as other cities; nonetheless, City sales tax revenues are approximately $250,000 less through February 2010 than in February 2009. This trend is likely to continue into the upcoming fiscal year. UUT -The City's 9% utility users' tax is applied to four services: electric, phone, water and natural gas. In the future, we will budget and report the UUT individually, rather than in aggregate. The reason for doing that is that each commodity or service performs in a different way. For example, there is generally 3 more water usage during the hot. weather months; therefore, the City's Water UUT revenues should be higher in the spring and summer. On the other hand, there is generally more natural gas usage in the cold winter months and, therefore, the City's Gas UUT revenues should be higher during the winter. For the current year, aggregate UUT revenues are down primarily due to lower natural gas prices. The Gas Company has reported that, beginning in late spring of 2009, gas commodity prices dropped throughout the nation, and natural gas continues to be available at lower prices than in prior years. Since the Gas Company passes on those savings to its residential and commercial customers, revenues related to natural gas sales are down. The result is that the City's revenues from both the Gas UUT and Gas Franchise Fee are down, and we expect to close the year with shortfalls in these gas related City revenues. Towing Franchise Fees -These revenues are significantly below budgeted levels for two reasons. First, due to turnover and medical issues in the Parking Enforcement Division, the number of tows generated as the result of parking citations issued are not as originally projected. The second reason is that the adopted revenue estimate was too optimistic; this wilt be corrected when the FY 11 proposed budget is prepared. In the meantime, Parking Enforcement management has been directed to fill all vacant positions, hire temporary part- time parking enforcement officers, and schedule parking enforcement officers to work overtime. The result of this directive should be higher parking citation and tow revenue for the remainder of the year, in addition to addressing parking and public safety issues in the community. Electric and Gas Franchise Fees -These fees are paid to the City in the spring of each year. Therefore, we have not received any payments this fiscal year, with the exception of some miscellaneous Gas Franchise Fee revenue. However, as reported in the UUT section, the Gas Company reports that natural gas prices are down, and the Gas Company passes those lower costs onto its customers. Both the UUT and the Franchise Fees are based on a percent of commodity sales revenues; therefore, City Gas Franchise Fee revenue is expected to be lower than budgeted, by approximately $60,000. We will have more definite information when the franchise fee payment is received in April. Business License Fees -Recall that the Council approved cone-month delay in sending out business license renewal notices, due to the need to hold a PBID assessment hearing in December 2009. The renewal notices include the business license fee, a fire clearance fee and the PBID assessment. The renewals were due in February, but some generally trickle in after the due date. These revenues have not been completely booked yet; instead, staff manually calculated the amount of business license fee revenue received to date, and that is what is reflected in the table. The amount listed in the table does not include the fire fee or the PBID assessment revenue. To date, it appears that the business license fee revenue is on target to achieve the budget amount by year- end. 4 With regard to General Fund revenues, the results to date are mixed. Some revenues, such as the Gas UUT and the Gas Franchise Fee, are down; however, it has been arguably a colder than average winter and it could be that these two revenues will come in a little higher during the second half of the year, inspite of the drop in the price of natural gas. Also, the City will receive sales tax revenue from December holiday sales in late March. Until then, we cannot determine with any certainty how this revenue will perform by year-end, although it appears that some shortfall should be expected. General Fund Expenditures Through January 2010, General Fund expenditures total $14.5 million, as compared to a total of $15.6 million through January 2009. However, keep in mind that some budgeted transfers out of the General Fund to other funds have been delayed until later in the year. More analysis is required; however, it appears that departments as a whole will be able to contain expenditures to no more than 97% of the budget by year-end. If so, then the City should be able to cover any revenue shortfalls with expenditure savings. While we cannot do much with regard to increasing revenues, we do have some ability to manage expenditures. Therefore, all departments that report to the City Manager, including Redevelopment, must abide by the current budget policy which limits expenditures to no more than 97% of budget. A savings of up to $800,000 may be possible by year-end as the result of the expenditure limit. In addition, the policy also includes a hiring freeze, where any requests to fill vacant positions must be reviewed by the City's Budget Office and approved by the City Manager. Requests to fill positions are being handled on a case-by-case basis. Positions that can be proven to generate net revenue for the City will be approved to be filled. Staff is carefully reviewing all such requests and requiring, essentially, proof that not filling a position will or has resulted in a net loss of revenue. Where the loss of revenue is significantly surpassed by the savings in expenditures, it could be that the decision will be to not fill the position. Beyond the financial aspect of filling positions, positions that need to be filled to ensure the safety and welfare of our community will also be given consideration. Further, the City Manager has imposed additional restrictions on discretionary spending. All spending for travel, training, dues, subscriptions and overtime has been immediately suspended unless the expenditure is justified as legally mandated or required in order to secure revenue or contain expenditures. Prior approval of the City Manager will be required. 5. In addition, staff has reviewed the list of vacant positions to determine if any can be cut to generate- savings. Most positions that are now vacant are needed to maintain services and are currently being recruited for. Nonetheless, staff has identified the following positions that we recommend be eliminated at this time: • 2 Recreation Superintendant II (Recreation Department) -The previous incumbents were promoted, leaving these two positions vacant. One position will be eliminated entirely. The second position will be eliminated but replaced with a new and lower paid position of Facility & Program Supervisor. Net savings from these changes is estimated. to be $123,266. • 1 Administrative Analyst III and 1 Planning Assistant (Development Services Department) -The Analyst position became vacant upon the promotion of the incumbent, while the Planning Assistant position has been vacant for some time. The two positions will be eliminated, and one new Associate Planner position will be added. These changes are more in .line with the operational needs of the Department and will generate net savings of approximately $60,064. Conclusion: Budget performance through February is somewhat inconclusive, although it is clear total revenues by year-end will be short of the adopted total. Staff expects that revenue shortfalls will be offset by a reduced level of expenditures, due to the City Manager's spending limits and hiring freeze. In addition, as a prelude to the submittal of the proposed FY 11 City budget, several positions are being eliminated now at a combined net savings of approximately $183,000. Note that these positions are of the mid-manager administrative type as Council had requested previously. With these cuts, we feel obligated to comment that the City's budget and staffing levels are very lean, after two years of intense budget cutting, and public services and the ability to respond to community and Council, requests are being impacted. Delays are to be expected in some services and responses. Lastly, along this same vein, these mid-year cuts are planned and strategic, as opposed to the across-the-board nature of budget cuts of the last two years. As we approach the annual budget "ritual", please be reminded that much of Lynwood's budget is mandated, either by law or local policy, and cannot be reduced without either losing grant funds or impacting public safety. What this means is that any budget cutting would have to come out of the portion of the City budget that is truly discretionary. As an example, the Sheriff, Fire and Animal Control budgets constitute nearly 50% of the General Fund budget. If we are not, able to cut public safety, then all cuts would come from the 50% of the budget that remains; and, again, some portion of the non-safety budget is grant 6 or user fee funded and can not be cut. As a result, additional budget cuts, if required, would likely have serious service impacts. Over the next few months, as more major revenues are received, we will have a clearer picture of what to expect by year-end. Fiscal Impact: The City Manager has imposed more stringent expenditure control measures. The expectation is that any revenue shortfalls will be offset by expenditure savings by fiscal year-end. Coordinated With: City Manager's Office City Attorney's Office 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2009-10 MARCH BUDGET UPDATE MODIFICATIONS WHEREAS, on February 16, 2010, staff provided City Council with an update to the February 16, 2010 Mid-Year Budget Review; and WHEREAS, staff indicated that it would return to Council at its second meeting in March to provide an update on the City budget performance; and WHEREAS, on March 16, 2010, staff provided City Council with an update on the general fund revenues and expenditures, and discussed the City's financial position; and WHEREAS, staff has responded to review all vacancies to determine if cost savings could be generated and staff provided options for consideration; and WHEREAS, the Recreation Department proposes to: (A) Eliminate two Recreation Superintendent II (B) Add one Facility and Program Supervisor WHEREAS, the Development Services Department proposes to: (A) Eliminate one Administrative Analyst III (B) Eliminate one Planning Assistant (C) Add one Associate Planner WHEREAS, staff has identified a cost savings of $183,000 with the aforementioned cuts. 'NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. Fiscal year 2010 budget modifications are hereby adopted as presented, as listed above. All actions covered by this resolution shall be carried out in the ordinary course of business consistent with the current ordinances, resolutions and Personnel Rules and Regulations of the City to the extent that the same apply to the contemplated actions. 8 Section 2. The City Manager or his designee is authorized to approve any transfer between accounts provided that they are within the same department and the same fund. Section 3. That this Resolution is effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this day of , 2010. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk Roger L. Haley, City Manager APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Robert S. Torrez, A .City Manager- Admin. & Comm. Services 9 r, ---pF_liY~;-..~ 4 ~,~ -, f~~ 'A ~ ~'~.~Y~~.P °~' AGENDA STAFF REPORT ,L ~~, . fFOg DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Lorry Hempe, Assistant City Manager SUBJECT: Displaying the National Motto "In God We Trust" Recommendation: Staff recommends that the City Council review the request submitted by In God We Trust-America, Inc. to display the motto "In God We Trust" in City Hall and provide staff direction. Background: In God We Trust-America, Inc. is a volunteer, non-profit organization whose mission is to encourage each city in the United States to prominently and permanently display the national motto of the United States "In God We Trust." According to this organization approximately 68 cities and towns, in states across America have approved the display "In God We Trust" in their respective City Halls. The organization has requested the -City to place this matter on the City Council Agenda to approve the display of the national motto at City Hall Council Chamber. Discussion 8~ Analysis: Pursuant to the fact sheet circulated by the United States Department of Treasury the motto "In God We Trust" was placed on United States coins largely because of the increased religious sentiment existing during the Civil. War. Secretary of the Treasury Salmon P. Chase received many appeals from devout persons throughout the country, urging that the United States recognize the Deity on United States Coins. The Congress passed several Acts that continued the approval of placement of the "In God We Trust" motto on U.S. coins. On July 30, 1956, Public Law 84-120 was enacted by the 84t" Congress, making "In God We Trust" the official motto of the United States and mandated that the phrase be printed on all American paper currency. AGENDA ITEM In God We Trust-America, Inc. was founded by Jacquie Sullivan who also serves as a Councilmember for the City of Bakersfield. In 2002, Councilmember Sullivan led the Bakersfield City Council to vote yes to display the national motto of the United States "In God We Trust" in their City Council Chambers. The organization displays on their website a list of cities and towns that have approved the display of the "In God We Trust" motto and refers to these cities as "Yes Vote" Cities. Sixty California cities are included in the "Yes Vote" list. The request from the organization is to prominently and publicly display the nation's motto, not necessarily replace an existing city motto. The City commonly uses the phrase "A City Meeting Challenges" in its official letterheads and signage. In 1963, the California Legislature voted to adopt "Eureka" as the official state motto of California. The .request from Ms. Sullivan would not replace the City's existing motto but would display the nation's motto above the City seal in an open public place such as the City Council chamber. Below are policy options for Council consideration: 1) Table the item; or 2) Adopt the attached Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE DISPLAY OF THE NATIONAL MOTTO "IN GOD WE TRUST" IN THE LYNWOOD CITY HALL IN THE PROMINENT LOCATION ABOVE THE CITY SEAL". Fiscal Impact: Cost of the sign and its installation can range from $300-$1,500 depending on the type of sign the City Council selects. Coordinated With: Finance Department City Attorney 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE DISPLAY OF THE NATIONAL MOTTO "IN GOD WE TRUST" IN THE LYNWOOD CITY HALL IN THE PROMINENT LOCATION ABOVE THE CITY SEAL WHEREAS, the word "In God We Trust" first appeared on the 1864 two-cent coin following an Act passed by United States Congress; and WHEREAS, on July 30, 1956, Public Law 84-120 was enacted by the 84tH Congress, making. "In God We Trust" the official motto of the United States; and WHEREAS, Public Law 84-120 formally adopted the motto that had been the Nation's unofficial motto, which had appeared on certain United States currency since the Civil War; and WHEREAS, on February 24, 2010, the City received a proposal from In God We Trust-America, Inc., anon-profit organization, requesting that the City Council approve the prominent display of the national motto, "In God We Trust." NOW, THEREFORE THE MEMBERS OF THE LYNWOOD CITY COUNCIL DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1: That the City Council approves the prominent display of the National motto, "In God We Trust", in City Hall at such area as the Council Chamber. Section 2: That the prominent display of the National motto encourages the residents of Lynwood to reflect upon the historical basis underlying the National motto; and to regard the display as a symbol of patriotism and love of country. Section 3: That the public display of the National motto should not be construed as an approval or preference of a particular religious belief. Section 4: The City Clerk shall certify to the passage and adoption of this resolution. 1 PASSED, APPROVED and ADOPTED this 16t" day of March 2010. ATTEST: MARIA QUINONEZ CITY CLERK APPROVED AS TO FORM: FRED GALANTE CITY ATTORNEY MARIA T. SANTILLAN MAYOR ROGER L. HALEY CITY MANAGER APPROVED AS TO CONTENT: LORRY HEMPE ASSISTANT CITY MANAGER 2 Our Mission To Promote Patriotism By Encouraging Elected City Officials To Display Our National Motto "In God We Trust" In Every City Hall In America Board of Directors June 2009 President Jacquie Sullivan Bakersfield Councilmember Dear Honorable Mayor and Councilmembers, Secrerar)~ MarkAbernathy ,~ The United States of America has much to celebrate. The freedoms we prize were won through Western Pacific Research,Inc. enormous pain and sacrifice and are perpetuated through tremendous courage and vision. Now,to help preserve and protect the best of all that America stands for, a volunteer organization,ln God We Treasurer Larry Moxley Trust-America,lnc., has been or anized and head uartered in Bakersfield,California. 0urmission is g q, Moxley International to encourage each city in our nation to join in prominently and permanently displaying our national motto,"In God We Trust," in every City Hall throughout our great state and across America. Advisory Board "In God We Trust" became our national motto when approved by Corigress on July 30,1956, and Don Clark later by the Supreme Court, after the United States led the world through the trauma of World War II. Former News Anchor CBS Bakersfield The words have been used on U.S. currency since 1864. The same inspiring slogan is engraved above the entrance to the Senate Chamber and above the Speaker's dais in the House of Repre- Holly Culhane, SPHR P*A*SAssociates sentatives. In both war and peace these words have been a profound source of strength and guidance to many generations of Americans. Tina Miller Business Owner In February of 2002, the Bakersfield City Council officially voted "Yes"to display our national motto, Paul Neufeld "In God We Trust," in their City Hall. These historic words are now prominently displayed in their city WascoCouncilmember council chambers and arched above their city seal. To date, nearly 50 cities in California have Building Contractor voted to take similar official action and to follow Bakersfield's lead. We now encourage every city Pedro Rios across our wonderful land to do the same. Delano Councilmember ~°ea`°` Will You Join Us? Cheryl Rhodes Educator In God We Trust -America, Inc. has received a significant letter from the President of the Pacific Dan schaffer Justice Institute, anon-profit group based in Sacramento, who defends cases threatening our KAXLRadio religious liberties and our nation's religious heritage. They are commending our organization for Dave Voss promoting the national motto and assure us that "under applicable case law, such recognitions Jesus Shack are clearly constitutional." Should any government entity receive legal threats, the Pacific Justice Institute would be honored to defend them at no charge in state or federal court. Tom Watkins Bakersfield Family Our volunteer organization, In God We_Trust -America, Inc., is incorporated with non-profit 501 c3 Medical Center status. We are available to assist you, as a civic leader, with whatever is needed to aid in your participation to approve displaying our nation's motto in your own city hall. A representative from our organization will contact you to see how we can assist you in this noble endeavor. You may also contact me directly for assistance at (661) 834-4943 or a-mail at jacquiesullivan@ingodwetrust-america.org. May God bless America, and may America's trust always be in God. Sincerely, Jacquie Sullivan Bakersfield City Councilmember Founder /President In God We Trust -America, Inc. IN GOD WE TRUST -AMERICA, INC. P.O. Box 11715 • Bakersfield, CA 93389-1 7 1 5 • (661) 834-4943 Email: jacquiesullivan@ingodwetrust-america.org • Website: ingodwetrust-america.org A non-profit 501c3 educational corporation ID# 2624857 '=..`~~~'"1 AGENDA STAFF REPORT t' ~ 4~~;. i a ~~ DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager PREPARED BY: Deborah L. Jackson, Director of Neighborhood Servic SUBJECT: Los Angeles County Fire Department -Fire Service Day Recommendation: Staff recommends that the City Council approve hosting the event and approve the street closure for Fire Service Day, Saturday, May 8, 2010. Background: Fire Service Day is an event coordinated by the Los Angeles County Fire Department County annually in various cities throughout the County. Lynwood has been invited to host this year's event and will be host to dignitaries from throughout the County. Discussion & Analysis: Fire Service Day has been tentatively scheduled for Saturday, May 8, 2010 from 10:00 a.m. to 3:00 p.m. The community would be invited to see a variety of fire engines, and to watch exciting firefighting demonstrations. Some of the activities would include kids having a chance to try on real Fire Department clothing, and meet Sparky the Fire Dog. This free admission event will be fun for the entire family and an opportunity to meet our local firefighters. The Los Angeles County Sheriff's Department has also been invited to participate. The location being requested is the area in front of City Hall. Staff is requesting that Council approve the closure of Bullis Road between Martin Luther King Boulevard and Platt Avenue from 8:00 a.m. to 5:00 p.m. for this fun filled, free event. Conditions: ^ Sheriff's Department -the Sheriff's Department did not impose any conditions this request. 1 AGENDA ITEM ^ Fire Department -the Fire Department is requiring an emergency lane to be maintained and no fire hydrants may be blocked. ^ Public Works -the area included in the street closure must be fully cleaned of any debris by the Fire Department. Fiscal Impact: All costs associated with this event will be funded by the Los Angeles County Fire Department. Coordinated With: City Attorney`s Office Finance Department Sheriff's Department Fire Department 2 THE LOS ANGELES COUNTY FIRE DEPARTMENT proudly presents F'IR~ S~R~IIG~ DAY DISPLAYS 0 • t ~~~,~ Fire Department Apparatus 0 Fire Engine 0 Fire Truck 0 Paramedic Squad 0 Water Tender 0 Hazardous Materials Task Force 0 Urban Search & Rescue (USAR) 0 Lifeguards 0 Forestry 0 Los Angeles County Sheriff's Department 0 Kids' Fingerprinting 0 Job Recruitment Expo 0 California Highway Patrol 0 Los Angeles County Department of Animal Care & Control 0 Community Emergency Response Teams /Disaster Response Teams 0 Health HazMat DEMONSTRATIONS 0 Vehicle extrication /Vehicle Fire 0 Firefighting demos 0 Canine demonstrations (arson and search dogs) 0 USAR demonstration 0 Yogi Bear House MORE 0 Kid's Firefighting Experience: 0 Turn-out Try-on station (with picture) 0 Operate a fire hose For more information: Rosemary Vivero County of Los Angeles Fire Department Community Services Representative (323)586-7039 in the CITY OF LYNWOOD turday, May 8, 2010 10:00-3:00 City of Lynwood City Hall 11330 Bullis Road, Lynwood Ca FREE ADMISSION! FUN FOR THE WHOLE FAMILY! MEET YOUR LOCAL FIREFIGHTERS! FOOD AND REFRESHMENT VENDORS ON SITE The Los Angeles County Fire Department hosts FIRE SERVICE DAYI I The community is invited to see a variety of fire engines, and to watch exciting firefighting demonstrations. Kids will have a chance to try on real Fire Department clothing, and meet Sparky the Fire Dog! Please join us for this fun, free event! gR~N~ ypUR CAME ~.Yr;~ AGENDA STAFF REPORT DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Perry Brents, Director of Recreation & Community Services ~~ SUBJECT: Code of Conduct Policy Recommendation: Staff recommends that the City Council consider the adoption of the recommended Code of Conduct and accompanying actions. Background: At its meeting of February 16, 2010, City Council directed staff to draft a Code of Conduct reflecting a framework, or guide, that staff can use when handling patron misconduct at events, facilities, meetings, and general public gatherings. Discussion & Analysis: The City of Lynwood is entrusted to maintain a friendly, positive, and safe environment for its residents, patrons and employees. As members of the Lynwood community, patrons are expected to conduct themselves in an appropriate manner at all times while participating in programs and services provided by or sponsored by the City of Lynwood. Acts of violence, disrespect for authority, un-sportsmanlike conduct, misuse or abuse of equipment and facility, use of foul language or gestures and all other behavior deemed inappropriate will not be tolerated. The City of Lynwood reserves the right to remove patrons from facilities, programs and services for inappropriate behavior. The City recognizes that all behavior cannot be regulated, therefore, it is appropriate for the City to adopt a formal Code of Conduct that will address some of the more common forms of inappropriate behavior. It is acknowledged that every circumstance would have to be taken in consideration of the facts and severity of the incident and/or policy violation. Simply stated, a Code ~fi Conduct provides guidelines for the decorum of all who volunteer, patronize, or work irk facilities provided by the City of Lynwood. AGENDA ITEM To this end, City staff is seeking to provide a general Code of Conduct to be implemented immediately upon adoption by the City Council. Adopting a formal Code of Conduct addresses unacceptable behavior and would list the penalties for such actions. The proposed City of Lynwood Code of Conduct provides for suspension periods determined by designated department staff representatives. The intent of the City in enforcing a Code of Conduct is to practice appropriate measures when handling patron misconduct. In keeping with that intent, all patrons within the Lynwood Community will be expected to adhere to a Code of Conduct when participating in programs or taking advantage of City services. Patrons will be asked, but not required to sign a Code of Conduct policy statement that acknowledges having discussed the conduct policy and its disciplinary stipulations. Anyone participating, using or taking part in City activities, facilities, and services would be expected to adhere to the policy and be subject to policy disciplinary actions. The policy will be clearly posted at all City facilities and events. The Code of Conduct Policy will address the City's right to remove patrons from facilities or programs via suspension periods. Suspension pertains to the use of City facilities and programs. Standard definitions of social etiquette would apply in most instances; violating listed standards would be considered unacceptable behavior. Violation examples would include but not be limited to: 1. Activities that violate the above Standards of Conduct 2. Activities that infringe on the rights of participants or staff. 3. Destruction of or damage to facilities, materials, equipment, furniture and grounds. 4. Inappropriate behavior or language that disturbs other participants. 5. Inconsiderate or discourteous behavior toward participants or staff. 6. Infractions against City policies regarding loitering, sales or solicitation. 7. Possession, use, sale, or distribution of alcohol or controlled substances. 8. Racial, religious, or sexual harassment of participants or staff. 9. Vandalism or littering. 10. Violation of any federal, state, county or city laws and ordinances. 11. Creating a public nuisance. 12. Violation of smoking ordinances. 13. Inappropriate and or revealing attire including footware. 14. Lack of personal cleanliness or good hygiene, which interferes with the public use and enjoyment of City facilities or programs. 15. Possession or use of weapons or weapon replicas. 16. Stealing or attempting to steal. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. 2 Coordinated With: Finance Department City Attorney's Office Attachment: Code of Conduct Policy City of Lynwood Code of Conduct Policy Recreation & Community Services Department In order to provide the Lynwood community with an atmosphere of safety, courtesy, integrity and respect, the Recreation & Community Services Department has developed this "Code of Conduct Policy". This policy applies to all participants, facility users, recognized organizations or groups and volunteers in all Department programs, activities and facilities. Each participant is responsible for regulating his or her own conduct in a positive, productive, and mature manner. In matters of general conduct, participants shall be governed by the ordinary and reasonable rules of behavior expected from respectable community residents. All participants and City staff have the right to be safe, and feel safe while attending a City facility or program. With this right comes the responsibility to be law-abiding citizens and to be accountable for actions that put at risk the safety and peace of mind of others or oneself. The control of facilities through the application and permit process is necessary to ensure equitable use and availability to all residents. Facility users are governed by the Recreation & Community Services Department Facility Use Policy. Responsibility for administering facility use is delegated to the Director of the Recreation & Community Services Department and is executed by facility staff members. This policy shall be interpreted to encourage maximum public use and enjoyment of City facilities. STANDARDS OF CONDUCT All participants, facility users, program participants, organizations and groups, volunteers and visitors to City facilities or programs are expected to: 1. Comply with the decisions of staff and abide by the established grievance procedures as stated in this Code of Conduct when concerns arise. 2. Complete and submit a Facility Use Application prior to any scheduled use of a City facility. 3. Be flexible in accepting alternate facility assignments or modifications to schedules due to maintenance and scheduling conflicts, City needs and emergency situations. 4. Treat all members of the community, participants, staff and volunteers with respect. 5. Refrain from engaging in malicious gossip or activities, which are intended, or reasonably should be expected, to harm, embarrass, defame, place someone in a false light or cause disruption to City activities or programs. 6. Refrain from any abusive verbal attacks or disparaging remarks towards staff, participants, facility users and the general public. Use courteous language at all times. 4 7. Avoid activities which interfere with the goal of maintaining an environment where conflict and differences can be addressed in a manner characterized by respect and civility. 8. Show proper care and regard for City property and the property of others; and make a reasonable effort to cleanup, returning facilities to the condition immediately prior to use. 9. Request any and all improvements, alterations or modifications to City facilities for approval by the City; prior written approval by the City is required. These projects must conform to the established standards of the City and be processed through the appropriate City procedures. VIOLATIONS Standard definitions of social etiquette apply in most instances -violating listed defined standards is considered unacceptable behavior and subject to the disciplinary process described below. Violation examples include, but are not limited to, the following during City programs or within City facilities or grounds: 1. Activities that violate the above Standards of Conduct 2. Activities that infringe on the rights of participants or staff. 3. Destruction of or damage to facilities, materials, equipment, furniture and grounds. 4. Inappropriate behavior or language that disturbs other participants. 5. Inconsiderate or discourteous behavior toward participants or staff. 6. Infractions against City policies regarding loitering, sales or solicitation. 7. Possession, use, sale, or distribution of alcohol or controlled substances. 8. Racial, religious, or sexual harassment of participants or staff. 9. Vandalism or littering. 10. Violation of any federal, state, county or city laws and ordinances. 11. Creating a public nuisance. 12. Violation of smoking ordinances. 13. Inappropriate and or revealing attire including footware. 14. Lack of personal cleanliness or good hygiene, which interferes with the public use and enjoyment of City facilities or programs. 15. Possession or use of weapons or weapon replicas. 16. Stealing or attempting to steal. DISCIPLINARY PROCESS Failure to comply with standards of conduct may result in disciplinary actions up to and including permanent removal from the City facility or program. Severe violations may be cause for immediate suspension without warning. Violations of this Policy will be addressed by the staff member in charge of the particular program or activity at issue, following the disciplinary steps outlined below. Allegations or evidence of serious or repeated acts of misconduct by a participant, volunteer, facility user or group shall be immediately investigated by a City Human Resources Department (HR) staff member. Such HR staff member shall make a recommendation to the Director of Recreation & Community Services, or his designated representative, regarding the final disciplinary action. In the interim, the Director of Recreation & Community Services may immediately impose reasonable restrictions on the offender, which may include, but not be limited to, temporary suspension from City facilities until the final action can be determined. The disciplinary steps described below may be enforced and escalate directly to permanent suspension and/or any steps in between depending on the behavior, level of disruption of normal activities or severity of the offense. If the disruption is suspected to be related to mental health issues, Adult Protective Services, or another appropriate agency, will be contacted for an investigation, as authorized by law. Actions that may constitute violations of law may also be referred to law enforcement agencies. Family members may also be contacted to help alleviate issues. FIRST OFFENSE Verbal warning includes a review of the posted Code of Conduct, and the following steps: A. Meet with participants to discuss conduct policy. B. Discuss inappropriate behavior and violation that occurred. C. Make a record of the incident. D. Advise the violator that continued inappropriate behavior may result in suspension from programs. SECOND OFFENSE Warning will be placed in written form and delivered to the individual or group, and will be based on the following steps: A. Meet with participant to discuss violation. B. Make a record of the incident. C. Possible suspension from the program. THIRD OFFENSE May include temporary or permanent suspension from attendance or participation in any City of Lynwood activities at all City facilities or programs. Two suspensions within one year may result in an extended suspension or permanent expulsion. Law enforcement authorities will be called if necessary. A written suspension notice will be delivered to the individual or group. INCIDENTS OF IMMINENT DANGER Incidents of misconduct which create immediate danger or physical harm or violations, or threats of same, or damage to City facilities, materials, equipment, furniture or grounds, will be handled as follows: A. Handle imminent danger to persons or property as a police matter. B. When appropriate call 911 to protect the safety of participants and staff. C. Policy violations shall be addressed with the appropriate disciplinary response. 6 Policy violations shall be addressed with the appropriate disciplinary response. Examples of applicable penalties include, but are not limited to, the following: • A one-week suspension may be applied for actions, such as unnecessarily rough behavior against staff, another participant or the surroundings. Such tactics include, but are not limited to, shoving, hitting, abusive language or gestures, minor damage to the facility or equipment. • A three-month suspension may be applied for actions, such as fighting or physical violence against another participant, and/or any major damage to the facility or equipment. • Any participant found using physical violence or damaging the facility within a year after returning from a suspension will not be allowed in any City of Concord Parks and Recreation facility or program until reinstated by the Program Coordinator or Program Manager. Entering the premises or appearing at a program before any suspension is completed is prohibited. APPEAL PROCESS OF AGGRIEVED PARTY Request for review and appeal of any of the above steps must be in written form and delivered to the Director of Recreation & Community Services within ten (10) working days of the warning or suspension. After investigation of the incident, the Director will notify the offending party of the decision within fifteen (15) working days. Any person aggrieved by decisions of staff may appeal by following the appropriate chain of command within the City. The chain of command begins at the facility level, at the Deputy Director level and proceeds up through the Recreation & Community Services Director. All site specific City policies regarding disciplinary actions and grievance procedures are available for review by the public at each facility. For appeal purposes all decisions ruled upon by staff are to remain in place until such time as possible modifications are made as a result of the next step in the appeal process. For all facilities: Any person aggrieved by a decision of the Recreation & Community Services Director or his/her designee with respect to these policies, rules, Rules of Conduct, and fees governing the use of the facility may appeal to the City Council by filing a written notice of appeal with the Recreation & Community Services Director no later than ten (10) days after said decision has been communicated to the aggrieved party. Upon receiving a written appeal, the Director shall fix a time and place for the hearing of such appeal. The time of said appeal shall occur at the next regularly scheduled City Council meeting, but no sooner than thirty (30) days after the appeal has been received. The Recreation & Community Services Director or designee shall give written notice to the person making such an appeal of the time and place of the hearing by serving it personally or by depositing it in the United States mail addressed to such person at his or her last known address. 7 Upon receiving an appeal, the City Council shall make a determination on the appeal after providing an opportunity for input by all those involved with the appeal. The determination of said appeal shall be within a reasonable time after the appeal is filed. The decision of the City Council shall be final. 8 o~ i.r`,. ~ ~ `~'~~ ~.~~ AGENDA STAFF REPORT { ;~~. Y ~ ~ .-.1' DATE: March 16, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana r PREPARED BY: Delania G. Whitaker, Administrative Analyst II~ SUBJECT: Policy Governing Conduct of the Lynwood City Council and Commission Recommendation: Staff recommends that the City Council consider the adoption of the recommended Policy Governing Conduct of the Lynwood City Council and Boards and Commissions of the City. Background: Staff prepared a draft policy governing the members of the Lynwood City Council as well as Commissions, Boards, or Committees established by Council. Discussion & Analysis: Implementing a code of conduct policy for Council and all applicable legislative bodies will help maintain decorum by those responsible for setting policy and by those that assist with providing advisory recommendations to the Council. The policy will remain in place as a means to govern the conduct of business of Council and Commissions until amended or new rules are adopted by resolution. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Manager's Office City Attorney's Office ADEN®A ITEIVi i Policy Governing the Members of the City Council and Legislative Bodies that Meet Concurrently with the City Council (collectively "Council") and City Council Established Commissions, Boards or Committees (collectively "Commission") Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern the order and conduct of business of the Council and Commissions. Council and Commission members shall: 1. Treat all fellow Council or Commission members with appreciation and respect; 2. Project a positive image of the City when dealing with other agencies; 3. Show tolerance and respect for other agencies' opinions and issues and, if necessary, agree to disagree; 4. Represent official policies or positions of the Council or Commission first when designated as delegates of Council or Commission, respectively; 5. All Councilmembers and Commissioners to follow the chain of command and proper protocol and that all Councilmembers be privy to the same information at all times; to be reported by the City Manager. This includes meetings with City Attorney, Special Counsel, or Department Heads. 6. Explicitly state when their opinions and positions do not represent the Council or Commission when representing their individual opinions and positions, and shall not allow the interference that they do; and 7. Discuss directly with the City Staff representative of the Council (City Manager) or Commission (Department Director)privately, as appropriate, any displeasure over work or behavior with a department or staff; 8. Request information or research on a given topic from the head City Staff representative of the Council (City Manager) or Commission (Department Director) for response (responses will be copied to all Council or Commission members, respectively); 2 9. Request answers to questions on Council or Commission agenda items from the City Manager (if Council), Department Director (if Commission), City Attorney, City Clerk/Commission Secretary before the meeting whenever possible; 10. Be impartial, respectful and without prejudice toward the public; which includes, to the extent possible, no texting or cell phone activity while on the dais. 11. Make no promises to the public on behalf of the Council or Commission. 3