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Home My Public Portal AboutA2010-04-06CCThis 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. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON APRIL 6, 2010 BATEMAN HALL, ROOM 2 E I CI TY OF LYNWOOD CITY CLERKS OFFICE 11331 ERNESTINE AVENUE, LYNWOOD, CA 90262 M ai ,q QV ��O N� Z 5:00 P.M. C" Yy 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 • Sexual Assault Awareness Month Proclamation • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) 7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT 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 HEARINGS 8. FIRST READING — AMENDING CHAPTER 7 SECTION 17 -17.1 ORDINANCE (TRUCK ROUTES) Comments: The Council to hold a public hearing to consider amending Section 7 -17.1 of Chapter 7 of the Lynwood Municipal Code. Staff reviewed the existing truck route ordinance and determined that it needs to be amended to include certain industrial zones that are appropriate truck routes. These zones are not included in the current Code. Recommendation: Staff recommends that the City Council conduct the public hearing, waive the first reading, and, adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7 -17.1 (TRUCK ROUTE), OF CHAPTER 7, OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY. 9. PROPERTY NUISANCE ABATEMENT — 11021 DUNCAN AVENUE, LYNWOOD, CA 90262 Comments Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 11021 DUNCAN AVENUE, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 007, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". 10. PROPERTY NUISANCE ABATEMENT — 5165 LOS FLORES BOULEVARD, LYNWOOD, CA 90262 Comments: Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 5165 LOS FLORES BOULEVARD, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 004, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". 11. PROPERTY NUISANCE ABATEMENT 12516 LONG BEACH BOULEVARD, LYNWOOD, CA 90262 Comments: Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12516 LONG BEACH BOULEVARD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 002, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". 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. 12. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — February 16, 2010 Special Meeting — February 23, 2010 13. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated April 6, 2010 for FY 2009 -2010. Recommendation: Staff recommends that the City Council approve the warrant register. 14. ADOPTION OF THE RESOLUTIONS APPROVING THE APPOINTMENTS OF THE FINANCING TEAM CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF LEASE REVENUE BONDS FOR THE ANNEX/COUNCIL CHAMBERS AND RELATED CONSTRUCTION PROJECTS Comments: On February 16, 2009, City Council approved staff's proposal to use a combination of existing City bond proceeds and a new bond issue to finance the construction of a new and expanded City Hall Annex, Council Chambers and related meeting rooms, and additional surface parking at the Civic Center complex. Council also authorized staff to request proposals from California bond underwriting and bond consulting firms to assist in structuring and selling the bonds. Recommendation: Staff respectfully recommends that the Lynwood City Council and the Lynwood Public Financing Authority ( "Authority ") each adopt a resolution allowing the City's and Authority's officers, staff and advisors (the "Financing Team ") to begin the legal and financial work necessary to further the issuance of Authority bonds which will be issued to finance the construction of new City Hall Annex, Council Chambers and related improvements, and to refund the 1999 Lease Revenue bonds. A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH 15. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR SANBORN AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.868 Comments The plans, contract documents, and working details for the Sanborn Avenue Improvement Project have been completed and are now ready for adoption by the City Council in accordance with California Public Contract Code Section 22039 and Lynwood City Code Section 6 -6.7, which require the City Council to adopt plans, contract documents, and working details for all public projects exceeding $125,000. 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 SANBORN AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.868; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS ". 4 16. FEDERAL APPROPRIATIONS REQUEST FOR PROJECTS FOR FISCAL YEAR 2011 Comments: Congress annually considers several appropriations measures, which provide funding for numerous activities. Each year staff submits projects to the City's Congressional representatives for federal appropriations. In the past, the City was successful in receiving federal appropriations for the Long Beach Boulevard Improvement Project, After School Program and Pocket Parks. This year, staff submitted a total of eleven (11) projects for consideration. Recommendation: Staff recommends that the City Council ratify the submitted projects and authorize the City Manager to continue to work with the offices of Congresswoman Sanchez, and Senators Boxer and Feinstein to secure federal funding of City projects. 17. SPECIAL PERMIT REQUEST — CIRCUS Comments: Ruben Caballero is proposing to conduct "Circo Hermanos Caballero" at 3000 E. Imperial Hwy. The site is currently being used by Plaza Mexico as a parking lot. Recommendation: Staff recommends that the City Council approve the proposed special permit to allow the operation of a circus, subject to payment of fees, and compliance with all City and County requirements. 18. AT &T TEXTING & DRIVING — IT CAN WAIT CAMPAIGN Comments: On July 1, 2008, two new laws banning the uses of wireless telephones (cell phones) while driving in California took effect. The first law prohibits all drivers from using handheld wireless phones or cell phones. The second prohibits drives under 18 from using hands -free cell phones. AT &T is taking a strong stance on the danger of texting while driving in hopes that people using wireless products and services do so safely, therefore they have launched a national campaign. AT &T has asked that the City of Lynwood adopt a resolution on the principles of no texting while driving. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING AT &T'S EFFORTS TO RAISE AWARENESS ON THE DANGERS OF TEXTING WHILE DRIVING IN HOPES THAT PEOPLE USING WIRELESS PRODUCTS AND SERVICES DO SO SAFELY ". NEW /OLD BUSINESS 19. REDUCTIONS AND REVISIONS TO LYNWOOD MUNICIPAL CODE RELATED TO MEMBERSHIP AND OPERATIONAL STANDARDS FOR THE PLANNING COMMISSION, YOUTH COMMISSION AND THE SENIOR CITIZENS ADVISORY BOARD Comments In order to ensure the efficient operation of city -wide subsidiary public bodies, the City of Lynwood is proposing to reduce the number of Planning Commission members from seven to five and Youth Commission members from thirteen to five. Additional operational revisions are being proposed to the Planning Commission including changes in meeting start-time and requirements for special meetings. In addition, the City is proposing to codify the City Council's designation of the Senior Advisory Council as a subsidiary public body. Recommendation Staff recommends that the City Council waive reading and introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA TO REDUCE THE NUMBER OF PLANNING COMMISSION MEMBERS FROM SEVEN TO FIVE AND YOUTH COMMISSION MEMBERS FROM THIRTEEN TO FIVE; AND REVISING THE LYNWOOD MUNICIPAL CODE TO CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSIDIARY PUBLIC BODY." 20. USE OF SPECIAL COUNSEL Comments: At the request of Councilmember Morton, staff has placed this item o the agenda. Recommendation: Staff recommends that the City Council consider this request from Councilmember Morton and direct staff accordingly. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN, MAYOR AIDE CASTRO, MAYOR PRO -TEM ALFREDO FLORES, COUNCILMEMBER JIM MORTON, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER 6 CLOSED SESSION 21. 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 — EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Cesar Saravia v. City of Lynwood Case No. BC425228 2. Name of Case: Rodriguez /Torres v. City of Lynwood Case No. TCO22768 ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON APRIL 20, 2010 AT 5:00 P.M. AT BATEMAN HALL, ROOM 2,11331 ERNESTINE AVENUE, CITY OF LYNWOOD, CALIFORNIA. 7 �r o , AGENDA STAFF REPORT DATE: April 6, 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 Josef Kekula, Civil Engineering Associate ilg� Albert Espinoza, Administrative Analyst III SUBJECT: First Reading — Amending Ordinance - Section 7 -17.1 (Truck Routes) of Chapter 7 of the Lynwood Municipal Code Recommendation: Staff recommends that the City Council conduct the public hearing, waive the first reading, and adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7 -17.1 (TRUCK ROUTE), OF CHAPTER 7, OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY." Background: The City of Lynwood currently has an existing truck route ordinance (Section 7 -17.1 of Chapter 7 of the Lynwood Municipal Code). Staff found inconsistencies between the Municipal Code, the General Plan, and the existing truck route map. Since the Municipal Code provides the legal leverage to enforce truck routes, it is appropriate to amend the code to include areas of the City that should be designated as truck routes. Discussion & Analysis: At the request of the Sheriffs Department's Traffic Division, staff conducted a review of the existing truck routes. For consistency between the Municipal Code, the General Plan, and to keep trucks on appropriately designed roadways and off city streets not intended to handle truck traffic, staff is proposing a new truck route. The proposed street locations are located in industrial zones and are appropriate truck routes. As such, the current Code should be amended to include the additional streets as truck routes. Trucks traveling through city streets not designated on the truck route map may be cited by the Sheriff's Department. E Moil, Fiscal Impact: The cost associated with installing the truck route street signage is $2,000. Funds have been adequately budgeted in the engineering division's FY 2009- 2010 budget. Coordinated With: City Attorney's Office City Manager's Office Finance Department ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7 -17.1 (TRUCK ROUTE), OF CHAPTER 7, OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY WHEREAS, staff has reviewed the Truck Routes within the City boundaries, and WHEREAS, it was determined that certain industrial and commercial zone are not included in the current Truck Routes; and WHEREAS, for consistency between the Lynwood Municipal Code, the General Plan and the existing Truck Route Map, the City proposes amending section 7 -17.1 of Chapter 7 of the Lynwood Municipal Code to include all the streets listed in section 1 of this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . Section 7 -17.1 of Chapter 7 of the Lynwood Municipal Code shall hereby be amended in its entirety to read as follows, and the following roads shall be the City's designated truck routes: "7 -17.1 Establishment And Designation Of Truck Routes: The streets and highways in the City hereinafter identified are designated as truck traffic routes, and the traffic engineer shall cause signs to be erected giving notice thereof: Alameda Street Atlantic Avenue Bellinger Street Butler Avenue from Bellinger Street to Alameda Street Cortland Avenue from Wright Road to Cul -de -sac Drury Lane Deputy Yamamoto Place Franklin Street Imperial Highway Industry Way Louise Avenue from Cortland Avenue to Cul -de -sac Lynwood Road from Bellinger Street to Alameda Street Martin Luther King Jr. Boulevard Norton Avenue from Drury Lane to Santa Fe Avenue Santa Fe Avenue from Martin Luther King Jr. Boulevard to Los Flores Boulevard Stanford Avenue Wright Road from Duncan Avenue to Cortland Avenue" Section 2. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 3. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 6 day of April, 2010 and adopted and ordered published at a regular meeting of said Council on day of ' 2010. PASSED, APPROVED and ADOPTED this day of 2010. CITY OF LYNWOOD: 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: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 4 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 ® T �r1 �4 AGENDA STAFF REPORT DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Jonathan Colin, Director of Development Services Rita Manibusan, Development Services Manage SUBJECT: Property Nuisance Abatement 11021 Duncan Avenue, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 11021 DUNCAN AVENUE, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 007, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". Background: Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not °limited to, obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. AGENDA ITEM . q Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. Staff has made several attempts to work with the property owner and although she has attempted to comply, the owner is an elderly woman and incapable of maintaining the property. (Attachment "A ") The owner was sent a Notice of Hearing to Abate informing her of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3 -13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 11021 DUNCAN AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 007, PARCEL NO. 024 IN THE CITY OF LYNWOOD ANDS DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on April 6, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . The property described as Tax Assessor's Book No. 6194- 007 -024 also known as 11021 Duncan Avenue, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3 -13.1 of the Lynwood City Code. Section 2 . The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Junk, trash and debris 2. Overgrown vegetation 3. Discarded items Section 3 . It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. Junk, trash and debris will be removed and properly disposed of. b. All overgrown vegetation will be removed and properly disposed of. C. Discarded items will be removed and properly disposed of. Section 4 . The owner of said property, Yvonne Lario, is ordered and directed to take said steps to abate said nuisance. Section 5 . If the property owner fails to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6 . The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7 . In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3 -13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on April 6, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 6th day of April, 2010. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Roger L. Haley, City Manager APPROVED AS TO CONTENT: Fred Galante, City Attorney Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 6th day of April, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk 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 Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk City of LYNWOOD „ ALL-AWRICA CITY L,A Dig '- Meeting NaQfenges 11330 $ULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 April 6, 2010 Yvonne Lario 11021 Duncan Avenue Lynwood, CA 90262 RE: 11021 Duncan Avenue, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 10951 San Miguel Avenue, within the City of Lynwood. 1. Junk, trash and debris 2. Overgrown vegetation throughout front and rear of property 3. Discarded items These conditions constitute violation of Section 3 -13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: a). All overgrown vegetation must be cut and trimmed on a regular basis. b). All miscellaneous junk, trash and debris (accumulated on or scattered about the premises) must be removed (and lawfully disposed of). Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before. the City Council of the. City of Lynwood to be held on April 6, 2010 at 5 :00 p:m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections, will be heard and given due consideration. Dated: April 6, 2010 CITY OF LYNWOOD Jo athan Colin, Director Development Services Department Cit of LYNWOOD ALL- AMENICA CITY LA City - Meettng NaRenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of April 6, 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262, to determine whether the real property located at 11021 Duncan Avenue, Lynwood, California, more particularly described as: APN: 61`94- 007 -024, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance; and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 6t day of April, 2010 CITY OF LYNWOOD ..- - —Manager DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: Recommendation: AGENDA STAFF REPORT April 6, 2010 Honorable Mayor and Members of the Ci Council Roger L. Haley, City Manag Jonathan Colin, Director of Development Service .' Rita Manibusan, Development Services Manager , Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 5165 LOS FLORES BOULEVARD, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 004, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". Background: Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. AGENDA ITEM I () Property Nuisance Abatement 5165 Los Flores Boulevard, Lynwood, CA 90262 Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site is vacant, unsecured, and consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. Staff has made several attempts to contact the property owner and /or work with the bank/Century 21 Realty and compliance has been non - existent. (Attachment "A ") The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3 -13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 5165 LOS FLORES BOULEVARD, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6194, PAGE 004, PARCEL NO. 024 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on April 6, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . The property described as Tax Assessor's Book No. 6194- 004 -024 also known as 5165 Los Flores Boulevard, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3 -13.1 of the Lynwood City Code. Section 2 . The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Trash and debris, wood, construction material, removed windows, and window frames in front, side and rear of property 2. Overgrown vegetation in front, rear and side of property 3. Properly secure all windows, doors to vacant property Section 3 . It is further found and determined that the methods by which said conditions could be abated include, but are not limited to obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. All overgrown vegetation will be removed and properly disposed of. b. Discarded items will be removed and properly disposed of. C. All points of entry to the site will be boarded up and maintained. Section 4 . The owner of said property, Melchor Sanchez, is ordered and directed to take said steps to abate said nuisance. Section 5 . If the property owner fails to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6 . The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7 . In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3 -13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on April 6, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 6 th day of April, 2010. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Roger L. Haley, City Manager APPROVED AS TO CONTENT: Fred Galante, City Attorney Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 6th day of April, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk 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 Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk Cit of LYNWOOD cum ALL-AMERICA CITY � City vl�leeting CkaQQenges �' (I' I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 April 6, 2010 Melchor Sanchez 5165 Los Flores Boulevard Lynwood, CA 90262 RE: 5165 Los Flores Blvd., Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 5165 Los Flores Boulevard, within the City of Lynwood. 1. Overgrown vegetation throughout front and rear of property 2. Accumulation of junk, trash and debris 3. Broken windows These conditions constitute violation of Section 3 -13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: a). All overgrown vegetation must be cut and trimmed on a regular basis. b). All miscellaneous junk, trash and debris (accumulated on or scattered about the premises) must be removed (and lawfully disposed of). c). Repairs must be made on dilapidated structure and property must be properly secured. Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or 'other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on April 6, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration. Dated: April 6, 2010 CITY OF LYNWOOD J athan Colin, Director Vevelopment Services Department City of LYNWOOD ciao ALl•AMENIG CITY City Meeting Chdfenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of April 6 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262, to determine whether the real property located at 5165 Los Flores Boulevard, Lynwood, California, more particularly described as: APN: 6194 -004- 024, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, removal of graffiti throughout the interior and exterior of the property, and proper securing of the walls and windows throughout the structure. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, deteriorated structure, graffiti throughout the interior and exterior of the site . If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 6th day of April, 2010 CITY OF LYNWOOD Roger Haley, City Manager J � " AGENDA STAFF REPORT DATE: April 6, 2010 TO: Honorable Mayor and Members of the Cit Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Jonathan Colin, Director of Development Service Rita Manibusan, Development Services Manager SUBJECT: Property Nuisance Abatement 12516 Long Beach Boulevard, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12516 LONG BEACH BOULEVARD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 002, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF ". Background: Section 3 -13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct with five days after the date of Council's action. AGENDA ITEM Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. Code Enforcement staff, along with the LA county Sheriff's Department, LA County Animal Control and the LA County Health Department served a court approved Inspection Warrant on August 5, 2009. In addition to property maintenance issues, staff identified raw sewage, stagnant water, and human feces. The City's Building Official issued a Red Tag on the building, the Sheriff's Department removed homeless individuals and squatters that had taken over the property, and one woman was arrested on site for attempting to attack a Code Enforcement Officer. Staff has made several attempts to work with the property owner, however, all calls, messages and notifications have been ignored, and staff has recently learned that the property owner is in a bankruptcy dispute with the mortgage holder (Attachment "A "). The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3 -13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. This particular abatement may exceed that amount given the nature of the violations and conditions of the property. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12516 LONG BEACH, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 002, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on April 6, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . The property described as Tax Assessor's Book No. 6177- 002 -021 also known as 12516 Long Beach Boulevard, in the City of Lynwood, California, is hereby found and declared to. be a public nuisance as defined in Chapter 3 -13.1 of the Lynwood City Code. . Section 2 . The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Overgrown vegetation 2. Unsightly conditions 3. Junk, trash and debris throughout the property. 4. Raw sewage 5. Stagnant water and human feces. Section 3 . It is further found and determined that the methods by which said conditions could be abated include, but are not limited to obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: 1. Removal of overgrown vegetation 2. Abatement of unsightly conditions 3. Removal and proper disposal of all junk trash and debris 4. Clean -up of raw sewage 5. Clean -up, removal and proper disposal of all stagnant water and feces Section 4 . The owner of said property, Anthony Wright & Lorece Wright, are ordered and directed to take said steps to abate said nuisance. Section 5 . If the property owner fails to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6 . The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7 . In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3 -13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on October 6, 2009 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 6th day of April, 2010. Maria T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Roger L. Haley, City Manager APPROVED AS TO CONTENT: Fred Galante, City Attorney Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 6th day of April, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk 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 Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk March 24, 2010 Anthony Wright Lorece Wright 13004 Pawnee Road Apple Valley, CA 92308 RE: 12516 Long Beach Boulevard, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 12516 Long Beach Boulevard, within the City of Lynwood. 1. Overgrown vegetation 2. Unsightly conditions 3. Junk, trash and debris throughout the property. 4. Raw sewage 5. Stagnant water and human feces. These conditions constitute violation of Section 3 -13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: 1. Removal of overgrown vegetation 2. Abatement of unsightly conditions 3. Removal and proper disposal of all junk trash and debris 4. Clean -up of raw sewage 5. Clean -up, removal and proper disposal of all stagnant water and feces Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections nuisance abatement are hereby notified to attend a hearing Council of the City of Lynwood to be held on April 6, 2010 at Council Chambers of Lynwood City Hall, located at 11330 Bullis California, at which time their objections will be heard consideration. Dated: March 24, 2010 CITY OF LYNWOOD to this order of before the City 5:00 p.m. in the Road, Lynwood and given due Jonathan Colin, Director Development Services Department NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of April 6, 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Builis Road, Lynwood, California 90262, to determine whether the real property located at 12516 Long Beach Boulevard, Lynwood, California, more particularly described as: APN: 6177- 002 -021, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 24 day of March, 2010 CITY OF LYNWOOD Roger Haley, City Manager Cit Of LYNWOOD tow All - AMERICA CITT v4 City MeetlAg Ckafhftges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 March 24, 2010 Anthony Wright Lorece Wright 13004 Pawnee Road Apple Valley, CA 92308 RE: 12516 Long Beach Boulevard, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 12516 Long Beach Boulevard, within the City of Lynwood. 1. Overgrown vegetation 2. Unsightly conditions 3. Junk, trash and debris throughout the property. 4. Raw sewage 5. Stagnant water and human feces. These conditions constitute violation of Section 3 -13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: 1. Removal of overgrown vegetation 2. Abatement of unsightly conditions 3. Removal and proper disposal of all junk trash and debris 4. Clean -up of raw sewage 5. Clean -up, removal and proper disposal of all stagnant water and feces Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on April 6, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at. 11330 Bullis Road, Lynwood California, at which time their objections. will be heard , and given due consideration. Dated: April 6, 2010 CITY OF LYNWOOD Jo han Colin, Director elopment Services Department Cit of LYNWOOD now ALL - AMERICA CITY City -M eeting CkAenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of April 6, 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council, Chambers of the Lynwood City Hall., 11330 Bullis Road, Lynwood, California 90262, to determine whether the real property located at 12516 Long Beach Boulevard, Lynwood, California, more particularly described as: APN: 6177- 002 -021, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 24 day of March, 2010 CITY OF LYNWOOD - - � �r7��J�t- ..- TO: APPROVED BY PREPARED BY SUBJECT: AGENDA STAFF REPORT April 6, 2010 Honorable Mayor and Members of the City Council Roger L. Haley, City Manag Maria Quinonez, City Clerk ve Kristina Santana, Deputy City Clerk Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting — February 16, 2010 • Special Meeting — February 23, 2010 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM 1 Lynwood City Council Minutes LYNWOOD CITY COUNCIL REGULAR MEETING February 16, 2010 The City Council of the City of Lynwood met in a regular meeting in Bateman Hall, Room 2, 11 Ernestine Avenue, on the above date at 5:10 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 • Sheriff Captain James Hellmold — Update on Law Enforcement Issues Captain James Hellmold asked the public to alert the Sheriff's Department if they see any suspicious activities going on. He stated that the Sheriff's department will also hold parents accountable if they are contributing to the delinquency of a minor. He stated that they would be starting another leadership class in March and any interested kids should contact the Sheriff's station. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Mayor Pro Tern Castro reported on her attendance at the America I Am Exhibition. She stated, "This event, we started planning this event with the Senior Council, specifically Ms. Paulette Bradley, approximately in September, if I can recall properly, unfortunately in the past years we had not celebrated Black History Month like we have done in prior years because of financial and economic reasons. So wanted to make sure that this year we would celebrate it even if it was in a very humble manner and what a better way to celebrate it than by learning and educating ourselves about it. I had the pleasure of being invited by Supervisor Mark Ridley Thomas' Office to attend the actual opening of the exhibit and got the opportunity to tour the event by Tavis Smiley himself who is the producer of the Exhibition. In that opportunity they also asked me if I could take a group of students so that they could be a part of a press conference and I took, I believe it was six students from the Barack Obama Charter School to accompany me and they gave us a tour and they gave us the whole VIP treatment but from that is where the idea came about in working with Ms. Bradley. We said, okay, let's get creative, how are we gonna get the funds to do this? I know that we have Prop A funds for transportation but there are so many other events that seniors want to go to so I said let me see if I could find somebody to sponsor the transportation and Supervisor Mark Ridley Thomas' Office generously provided the transportation free of charge. So therefore the only thing that the seniors ended up having to pay was eight dollars for their entry fee. The receipt of the entree fee can be obtained through a public information request for anybody who would like to see that it was paid and the tickets were purchased at the box office. And also the,seniors were invited to a breakfast that was put together by your Parks and Recreation staff and Senior staff. I don't know exactly how Perry did it but Mr. Brents is the one who took care of it. The Exhibition was very emotional, very educational. For me, it was very impressive to see a little receipt of someone that had to pay money to vote. I didn't know that we had to pay to vote. So it was a learning experience for me and it's sad that now that it's free for us to vote, we really don't exercise our opportunity. So I wanted to share that information with you. I definitely hope that you guys take the opportunity to go and celebrate Black History Month by attending this, what I consider a beautiful exhibition of the America I Am. Thank you ". Item #7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY 5:21 p.m. LYNWOOD REDEVELOPMENT AGENCY 5:22 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Paulette Bradley commented on Item #26 — SENIOR CITIZEN CODE OF CONDUCT. She stated that she had a great time at the `America I Am' exhibit and the seniors were very pleased. She thanked Council for moving quickly on Item #26. She asked for more detail in the code. Harry Gibbens asked for clarification on the definition of "City of Lynwood residents ". He stated that it seems as though the City is interested in buying homes, and he asked how it is possible that the City can afford to do so. He stated that residents need to know about proposed development in the City. Lorene Reed commented on Item #26 — SENIOR CITIZEN CODE OF CONDUCT. She stated that this code has come four years too late. She stated that she has been tormented by seniors in the Senior Center, as well as throughout the City. She asked that the code be broadened to include every City building. She stated that she had a great time at the `America I Am' exhibit. 2 PUBLIC ORAL COMMUNICATIONS Pearline Calderon thanked Mayor Pro Tern for the `America I Am' excursion. She stated, "For the record, I am greatly concerned about what happened to me at the Senior Center on Friday the twelfth, 2010. It is troublesome to hear a member of the Senior Advisory Council, Mrs. Reed, I'm calling the name gain, using profanity as she ordered me out of the senior center calling me a bitch, okay, out of my name. They were not up in my face when she was in my face saying that. I have no reason to lie, okay? None of them were there. Anyhow, her action is a violation of the City Code of Ethics. I apologize for being so blunt to the seniors. They are drawing the seniors into her mess as they were not involved. I call your attention as this is not the first time that she has verbally abused me. This bullying has been ongoing over the years and is getting progressively worse. I fear that she will escalate this to physical violence. Should this happen, everyone involved will be held responsible. Again I'm asking for your intervention. Thank you and I don't have any reason to lie about what happened. She has her little group that does all of this for her. Frank P. Calderon stated that anytime his wife or him have anything to say, they say it out in the open and they do not have anything to hide. Maria Landeros asked Council for their support in keeping Alma Latina at the Youth Center so that they could continue providing the service for Lynwood kids. Dalinda Guerrero stated that she is a mother of one of the students in the Youth Center and she is in support of Alma Latina holding dance classes at the Youth Center. Guadalupe Mercado stated that she is a mother of one of the students in the dance group and she is in support of Alma Latina holding dance classes at the Youth Center. Harry Gibbens suggested that the City build a bridge that connects over the avenue at Ham Park. CONSENT CALENDAR It was moved by Council Member Morton, seconded by Council Member Rodriguez, 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. MINUTES OF THE PREVIOUS MEETINGS: Regular Meeting — December 15, 2009 Special Meeting — December 22, 2009 Item #9. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2010.0032 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #10. LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2010 -2011 RESOLUTION NO. 2010.033 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE LYNWOOD LIGHTING ASSESSMENT DISTRICT, AS REQUIRED BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 2010 -2011 Item #11. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2010 -2011 RESOLUTION NO. 2010.034 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AS REQUIRED BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 20010 -2011 Item #12. City Manager Roger Haley Pulled Item #12 — CONSTRUCTION CONTRACT AWARD STREET IMPROVEMENT PROJECT, LONG BEACH BOULEVARD (PHASE 1) PROJECT NO. 4011.67.993 City Manager Roger Haley asked to table this item by stating that there was a late protest letter from a contractor and he would like time to do some research and then bring the item back to the first meeting in March. 4 AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #16. APPROVAL OF PROJECTS AND FUNDS APPROPRIATION FOR PROJECTS TO BE FUNDED WITH THE ADDITIONAL AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA — 2) RESOLUTION NO. 2010.039 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE IMPLEMENTATION OF STREET PROJECTS TO BE FUNDED WITH THE ADDITIONAL AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS; DELEGATING THE AUTHORITY TO AWARD AND EXECUTE A PROFESSIONAL DESIGN CONTRACT FOR RELATED PROJECTS TO THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER FOR THE DESIGN OF THESE PROJECTS Item #17. TREASURER'S STATEMENT OF INVESTMENT POLICY RESOLUTION NO. 2010.040 ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF. THE CITY OF LYNWOOD APPROVING THE TREASURER'S STATEMENT OF INVESTMENT POLICY Item #18. CLAIM FOR DAMAGES BY LUISA PRADO AND THE LAW OFFICES OF PATRICK C. OBIOHA Council approved for the City to pre -pay the claim of Luisa Prado against the City of Lynwood in the amount of $9,822.04 and to seek reimbursement, from California Western Arborists (CWA), Inc. Item #19. City Attorney Fred Galante pulled Item #19 — SECONDING READING OF ORDINANCE — 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 City Attorney Fred Galante stated that during the first reading of this ordinance, Council asked the City Attorney's Office to propose changes to the ordinance that would make it more stringent. The City Attorney proposed having the person seeking the release of the vehicle to sign an affidavit confirming that they will not release the vehicle to the 0 perpetrator of the crime any time during the impoundment period. If they do release the vehicle they would be fined $500. After discussion by Council, it was moved by Mayor Santillan, seconded by Council Member Rodriguez, to move approve staff recommendation with the City Attorney's changes. ORDINANCE NO.1626 ENTITLED: 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 #20. City Attorney Fred Galante pulled Item #20 — SECOND READING OF ORDINANCE — 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 City Attorney Fred Galante stated that during the first reading of this ordinance, Council asked the City Attorney's Office to propose changes to the ordinance that would make it more stringent. The City Attorney proposed having the person seeking the release of the vehicle to sign an affidavit confirming that they will not release the vehicle to the perpetrator of the crime any time during the impoundment period. If they do release the vehicle they would be fined $500. After discussion by Council, it was moved by Council Member Morton, seconded by Mayor Pro Tem Castro, to move approve staff recommendation with the City Attorney's changes. ORDINANCE NO.1627 ENTITLED: 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 #21. REPORT — INDEPENDENT CITIES ASSOCIATION SEMINAR Receive and file. NEW /OLD BUSINESS Item #22. ANNEX AND CIVIC CENTER CAPITAL IMPROVEMENTS Assistant City Manager Robert Torrez introduced the item regarding Annex and Civic Center Capital Improvements. After discussion by Council, it was moved by Mayor Santillan, seconded by Mayor Pro Tern Castro, to approve staff recommendation and for the City to seek to maximize local hiring. RESOLUTION NO. 2010.041 ENTITLED: A RESOLUTION OF THE CITY COUNCIL AUTHORIZING STAFF TO ISSUE REQUESTS FOR PROPOSALS FOR THE ANNEX, COUNCIL CHAMBERS, PARKING AND RELATED CAPITAL IMPROVEMENTS, AUTHORIZING STAFF TO REQUEST PROPOSALS FOR A CONSTRUCTION PROJECT MANAGER AND AUTHORIZE STAFF TO REQUEST PROPOSALS FROM REGIONAL CALIFORNIA BOND UNDERWRITING FIRMS AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23. FISCAL YEAR 2009 -10 MID -YEAR BUDGET REVIEW City Manager Roger Haley introduced the item regarding the Fiscal Year 2009 -10 Mid - Year Budget Review. Assistant City Manager Robert Torrez gave a presentation about the Fiscal Year 2009- 10 Mid -Year Budget Review. E3 After discussion by Council, it was moved by Council Member Flores, seconded by Mayor Pro Tern Castro, to receive and file the FY 2009 -10 (FY 10) Mid -Year Budget Review. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #24. LEGISLATIVE PRIORITIES OF 2010 City Manager Roger Haley introduced the item regarding Legislative Priorities of 2010. It was moved by Mayor Pro Tern Castro, seconded by Council Member Rodriguez, to approve staff recommendation. RESOLUTION NO. 2010.042 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE CITY'S LEGISLATIVE PRIORITIES OF 2010 AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #25. YOUTH CENTER - CONSIDERATION OF FACILITY USE REQUESTS Director of Recreation and Community Services Perry Brent introduced the item regarding the Youth Center — Consideration of Facility Use Requests. It was moved by Mayor Santillan to give Alma Latina continued use of the facility on Monday from 5:30- 8:30pm, Tuesday 7:30- 8:30pm, Wednesday 5:30- 8:30pm, and allow Mia productions to use it Friday afternoon and to cut the use fee to $10 an hour. Mayor Pro Tern Castro made a subsequent motion, seconded by Council Member Rodriguez, to give Alma Latina continued use of the facility Mondays from 5:30 to 8:30 pm, Tuesdays 7:30 — 8:30 pm, and Wednesdays 5:30 — 8:30 pm with a fee cut of $10 an hour, to allow Mia Production to use the facility on Friday afternoons with no fee, and to allow Antonio De Carlo to apply for use of the facility at the regular rate of $25 an hour. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN 01 NOES: NONE ABSTAIN: COUNCIL MEMBER FLORES ABSENT: NONE Item #26. SENIOR CITIZEN CODE OF CONDUCT Director of Recreation and Community Services Perry Brent introduced the item regarding the Senior Citizen Code of Conduct. Council provided the City Attorney and the Director of Recreation and Community Services with input and directed staff to come back with a proposed Code of Conduct for approval in March 2010. This action was approved by general consent. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Flores thanked everyone for attending the meeting and wished, everyone a safe drive home. Mayor Pro Tern Castro stated that though a lot of complaining isn't positive, if someone has a complaint, they should address it. She stated that she would like the City to hire the services of the ASPCA instead of Animal Control because Animal Control is not doing what they are supposed to do and the ASPCA might bring the City savings in the long run. She asked staff to look into finding a local auto repair shop to exclusively do business with. Lastly, she asked the City Manager to look into the possibility of Google coming to Lynwood with the fiber optic technology. Council Member Morton thanked everyone for attending the meeting. He stated that instead of fighting, residents should be making life better for themselves and for others. He stated that Council is there to serve the people and if anyone needs help, they are available to meet by appointment. Council Member Rodriguez asked Deborah Jackson to look into the Graffiti on Atlantic Avenue. He asked if there was a curfew on ice cream trucks and asked staff to look into sending ice cream trucks a letter reminding them of the curfew. He thanked everyone for attending the meeting. Mayor Santillan asked staff about the possibility of sending out code enforcement officers to monitor the ice cream trucks, and then revoke licenses of those trucks that are not abiding by the laws. She warned residents about the fraud alert regarding imposters posing as code enforcement officers. She warned residents to never let anyone in their home unless they have received a letter or have spoken with the City before hand. She thanked the two deputies for doing a great job, especially with the sweeps of prostitutes. She thanked everyone for attending the meeting and apologized for getting loud, but explained that she believes staff, commissioners and volunteers are doing a great job, yet there is more important work that staff could be attending to. 10 Lastly, she asked for a minute of silence for the City Treasurer's recently deceased mother, Domitilla Aguilar. CLOSED SESSION NONE ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Santillan, and carried to adjourn the regular Lynwood City Council meeting at 7:39 p.m. in memory of Domitilla Aguilar. Maria Santillan, Mayor Maria Quinonez, City Clerk 11 d. AGENDA STAFF REPOR DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Ma PREPARED BY: Robert S. Torrez, Assistant City 1Vlanager — Administrative & 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. 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O K 0 O oD n c CDDC c0((0(00((0m o((0(0 ( c z z z z CO Cl) o -� cn Cl) r m m m m z z m m O O O p .a m m C W W c W„ W o o O O � i v' w z z d cn cn (n .. G7 G7 A D 1 1 1 1 w W W W 1 1 1 1 ja .A Co N N N N (D (D (D (D N N N N -I v v v N N N N A N N W O N 3 o : 00 00 00 CO -+ Cl O lb 00 � 00 w W W W cn, (T Ul (.n � CA Cn O 0 co (0 (o (D (o O O Co O to (D (o O O O O O L" U) (n (n (n O O O O U) (P m cT v V v O 0 0 O O O O O O N N O W W O cn O �: o < W N 4Ln N N "► O S O ri cc r � G n `� O •I CD CD 1 o o N CL v (c m N v v (Q fD N ° c c s =r m CD y y 7 O S Q U) D) X 0 O O CL m DO X < W O D) N 0) ' f1 O a CD 0) v o O 77 O 0 O 7 4 O O c z G). m W r w co N O O 0 0 O 0 N v 3 O A fD v O N N 0) Q1 o� v A A � y W Z n co CD o Z a V V it z .* C." G) C7 C O O V V � � o 0 U o 0 W f z c m CD o 0 G) N N 0) Q1 A A W D co CD V V N 6 C O O V V O 0 O < W C> N 3 � N O � 2 O N n � O O C h C7 r � c r O CL v d N N 0) 1 AGENDA STAFF REPORT DATE: April 6, 2010. TO: Honorable Mayor and Members of the City Council Honorable President and Members of the Public Financing Authority APPROVED BY: Roger L. Haley, City Manager /Chief Administrative Offic PREPARED BY: Robert S. Torrez, Assistant City Mana er — Admin. & Community Services SUBJECT: Adoption of the Resolutions Approving the Appointments of the Financing Team Consultants in Connection With the Proposed Issuance of Lease Revenue Bonds for the Annex/Council Chambers and related construction projects Recommendation: Staff respectfully recommends that the Lynwood City Council and the Lynwood Public Financing Authority ( "Authority ") each adopt a resolution allowing the City's and Authority's officers, staff and advisors (the "Financing Team ") to begin the legal and financial work necessary to further the issuance of Authority bonds which will be issued to finance the construction of new City Hall Annex, Council Chambers and related improvements, and to refund the 1999 Lease Revenue bonds. • A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO. PROVIDE FUNDS FOR CAPITAL IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH • A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO PROVIDE FUNDS FOR CAPITAL AGENDA ITEM /f IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH It is also recommended that the City Manager /Chief Administrative Officer and the Assistant City Manager- Administrative & Community Services be authorized to negotiate and execute agreements between the City, Authority and the proposed financing team. The City Attorney will assist in reviewing the related legal documents including any agreements between the City, Authority and the members of the financing team. Background: On February 16, 2009, City Council approved staff's proposal to use a combination of existing City bond proceeds and a new bond issue to finance the construction of a new and expanded City Hall Annex, Council Chambers and related meeting rooms, and additional surface parking at the Civic Center complex. Council also authorized staff to request proposals from California bond underwriting and bond consulting firms to assist in structuring and selling the bonds. The City retains the services of a bond financial advisor (FA), Gardner Underwood Bacon, LLC. The FA serves several roles, one of which is to is to continuously monitor the financial markets for opportunities to refund (refinance) the City's and Agency's existing bonds at lower interest rates. Shortly after Council authorized staff to proceed with the analysis on the new bonds, Gardner Underwood identified an opportunity to refund the Lynwood Public Financing Authority's 1999 Lease Revenue bonds. Depending on market conditions on the day of sale, the City and Authority could realize net present value savings of between 5% and 9 %, equating to cash savings on annual bond payments of approximately $320,000 over the life of the bonds. Rather than issue two individual sets of bonds (Annex bonds, and a separate Refunding bonds), staff is recommending that one combined bond issue be authorized. That way, fees paid to the various bond consultants will be minimized, due to economies of scale. Combining the new Annex bonds with the refunding of the 1999 bonds will result in total bond issue of approximately $9 million. Discussion & Analysis There are several types of firms that are involved in most bond issues. A description of each firm's services, staff's recommendations and proposed fees are listed below: Financial Advisor — Provides analysis of proposed bond issues; identifies refunding opportunities; provides advice to City staff regarding bond structuring options in order to maximize benefits and minimize costs to the, City and its agencies; assists in preparation and review of bond documents; assists in preparing any related RFP's; assists in negotiation of underwriter and other finance team fees. Council previously authorized retaining the services of Gardner, Underwood, Bacon LLC (a minority owned firm) on an annual contract, with fees negotiated on a case by case basis. Gardner Underwood has extensive experience in issuing bonds and performing financial analysis. They currently also prepare the City's legally mandated annual bond disclosure reports at a cost of $2,000 total for the City's and Agency's nine outstanding bonds. Other firms bid between $10,000 to $18,000 for the same service. Gardner's fees are very reasonable, and they have a served a key role for the City over.the last two years. Staff, therefore, requests authorization to use Gardner Underwood Bacon as the Financial Advisor on this bond issue, at a fee of $35,000. Note that the firm provided extensive analysis prior to Council's authorization to proceed with the Annex/Chambers project. In addition, as mentioned above, Gardner also identified the opportunity to refund the 1999 bonds at significant savings. Bond & Disclosure Counsel — Provides the required tax opinion and prepares bond documents including the official statement (bond prospectus used to market the bonds), bond indenture enumerating the numerous legal definitions and requirements, lease agreements (for Lease Revenue Bonds), resolutions and numerous other required bond documents. Provides legal counsel on and assists with the determination of bond structures. Staff requests Council authorization to retain Quint & Thimmig LLP as the bond and disclosure counsel on this bond issue at a fee of $67,000. Q &T has extensive, specialized experience and expertise in all types of bond structures. The firm served as bond /disclosure counsel on the City's 2008 and 2009 Water bonds, and played a critical role in assisting staff to obtain bond insurance and an "A" credit rating, both of which resulted in the City selling the Water bonds at the lowest possible interest rates, during very difficult market conditions. Bond counsel is an area where low bid should not be the primary criteria. Experience is the primary factor. Nonetheless, Q &T's fees are consistently on the low end, and very reasonable. Quint & Thimmig was selected by staff in consultation with our City Attorney. Trustee — Once the bonds are sold, the trustee will hold and invest the bond proceeds until needed for construction. The City will draw down the proceeds as we are invoiced for design and construction. Bids were solicited from Bank of New York, US Bank and Wells Fargo. Staff recommends US Bank; they submitted the lowest bid. Plus, US Bank is the trustee on most of the City's bonds, they provide an excellent service and the Bank is knowledgeable of the City's processes and management needs. Staff recommends US Bank as trustee at an annual fee of $400. US Bank waived all setup fees (a savings of approximately $1,200). 3 Title Company — Similar to a home mortgage, the services of a title company are required by bond investors to make sure that title to any City properties financed or pledged as a backup to the new bonds be clear of any liens and that title is legally in the name of the City. The structure of the new bonds will require that the City pledge assets with values that equal to or exceed the amount of the bonds issued. This is the same structure the City used when issuing its 2003 lease revenue bonds. Staff recommends this structure to minimize bond costs (will save the City about $250,000 by using this structure). Bids will be obtained shortly. It is requested that Council authorize staff to select from the best responsible bid. A responsible bid is not restricted to low bid, it would be a combination of. experience in this type of process, ability to meet the City's timeline as well as proposed fee. Staff estimates title company fees to be approximately $10,000. Verification Agent - Similar to the services an escrow company performs on a home sale and purchase, the Verification Agent will calculate the outstanding balances and pro -rata interest owed on the refunding bonds, if needed. There are limited number of firms that provide this service. It is requested that Council authorize staff to select from the best responsible bid. Fees are estimated to be approximately $2,500. Printer — Prints the bond official statement and other bond documents. This is a specialty area; most printing companies do not have the experience or expertise to provide bond document printing. It is requested that Council authorize staff to select from the best responsible bid. Fees are estimated at approximately $4,500. Underwriters — Cities do not have access to the bond markets and, therefore, bond underwriting firms are used to assist in structuring, marketing and selling the bonds. The term "underwriter' basically means that the firm agrees to underwrite or purchase the bonds at a negotiated price. The underwriting firm then either keeps the City's bonds as investments and /or remarkets them to investors. Bids were solicited from the top regional California firms. Six firms responded with bids ranging from $5.40 /bond to $21 /bond. How this works is that the fee is applied to each $1,000 of bonds sold. In this case, staff anticipates selling, or issuing, approximately $9 million of new bonds for the Annex /Chambers /Parking Lot construction and to refund the 1999 lease revenue bonds. The total size of the bond issue includes all fees paid to the financing team. $9 million equals 9,000 thousand dollars of bonds. Applying the fees submitted by the six underwriting firms translates to underwriter fees ranging from $48,600 to $190,260. Obviously, the higher fee proposals were rejected outright (the highest fees were submitted by two minority owned firms; see attached list of firms). Staff is recommending an underwriting team comprised of Wedbush Morgan Securities and Southwest Securities, at a fee of $5.90 per bond, or approximately $53,100 total (the two firms will split the fees). These two firms submitted proposals that met the City's criteria, and they have extensive experience in issuing bonds, in particular lease revenue bonds. Wedbush served as, senior manager on the 2008, and 2009 Lynwood Water utility bonds. Each 4 firm has extensive marketing capabilities. In fact, most California underwriters turn their clients' bonds over to Wedbush to complete their transactions due to Wedbush's sizeable and experienced marketing department. Summary Issuing bonds is a complex undertaking. Selecting a financing team should not be based solely on low bid. The ultimate total cost will be based on selling bonds at the lowest possible rate and this can only be achieved by an experienced team with the capability to develop a sound structure and with extensive distribution and marketing capabilities. The City's proposed bond issue, once authorized by Council, will be a combination of new bonds for the Annex/Chambers construction, and bonds to refund the 1999 bonds. Both parts of this transaction are a bit more complex than normal, and expertise on the part of the consultants is required. The finance team members recommended by staff are very experienced and capable, and those members of the team that have worked on prior City bonds provided the City with excellent results in terms of service, fees and bond interest rates. One result of the previous. 2008 and 2009 bond issues is that the City's bond credit rating was upgraded. As a result, the City's future bond interest rates should be lower. Each member of the finance team played a key role in assisting staff to obtain the higher credit rating. In addition, the City Attorney will also be part of the financing team and will participate directly in all. conference calls, will review the proposed bond structures, and will review all bond documents. The City Attorney will also provide the City Council with his opinion as to the appropriateness of all documents and assist in the preparation of required resolutions. Fiscal Impact: The following table lists the proposed fees: Financing Participant Fee Financial Advisor $35,000 Bond Counsel $42,000 Disclosure Counsel $25,000 - Trustee /Escrow Agent $400 Title Company $10,000* Verification Agent $2,500 ** Printer $4,500* Credit Rating $15,000* Underwriters $5.90 per $1,000 *Estimated * *If Needed 5 At this time, staff is simply requesting approval to retain the services of the various consulting firms to conduct the analysis, research and document preparation required for the issuance of the proposed bonds to finance capital improvements to the Civic Center Complex and in a manner consistent with State and Federal securities laws. All members of the bond financing consulting team will work on a contingent basis and as such will only be paid should the Authority issue the bonds. Related fees will be paid from the bond proceeds. In addition, since the underwriter fees are based on the size of the bonds, actual underwriter fees paid may be higher or lower than estimated in this report. Coordinated With: City Attorney on Attachment REQUEST FOR PROPOSALS PROPOSED FEES . Underwriter Per $1,000 Wedbush /Southwest $5.90 Chilton & Associates $7.40 De La Rosa $20.00 Siebert Brandford Shank $21.14 Stone & Youngberg $5.40 Trustee Annual Admin Fee U.S Bank $400 per series Bank of New York Mellon $500 one series, $900 two series, $1,300 three series Wells Fargo ** 1 $1,400 *$400 at closing for U.S. Bank, $500 at closing for BNY * *$500 Acceptance fee to setup account; $300 if legal opinion required; effectively $2,200 at closing RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH WHEREAS, the Lynwood Public Financing Authority (the "Authority ") anticipates the issuance of its lease revenue bonds (the "Bonds ") to finance and refinance certain capital improvements for the City of Lynwood including the refunding, on a current basis, of the Authority's outstanding Lynwood Public Financing Authority Lease Revenue Bonds, Series 1999; and WHEREAS, it is desirable to appoint a financial advisor, bond counsel, disclosure counsel, underwriters and a trustee in connection with the issuance of the Bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Council hereby authorizes issuance of the Bonds by the Authority. Officers and officials of the City are authorized to proceed with the preparation of the necessary documents in connection with the issuance of the Bonds, subject to the final approval thereof by the Board of Directors of the Authority and by the Council at subsequent meetings. Section 2. Gardner, Underwood & Bacon LLC, Los Angeles, California, is hereby designated as financial advisor to the Authority and the City in connection with the issuance of the Bonds. The Mayor, the City Manager and the Assistant City Manager /Administrative and Community Services, or the designee thereof, are each hereby authorized and directed in the name and on behalf of the City to execute an Agreement for Financial Advisory Services with such firm at a fee of $35,000. Section 3. Quint & Thimmig LLP, San Francisco, California, is hereby designated as bond counsel and as disclosure counsel to the Agency in connection with the issuance of the Bonds. The Mayor, the Mayor Pro Tem, the City Manager and the Assistant City Manager /Administrative and Community Services, or the designee thereof, are each hereby authorized and directed in the name and on behalf of the City to execute an Agreement for Legal Services with such firm at a fee of $67,000. Section 4. Wedbush Securities, Inc., Los Angeles, California, and Southwest Securities, Inc., Irvine, California, are hereby designated as underwriters to the Authority and the City in connection with the issuance of the Bonds at a fee not to exceed $5.90 per $1,000 of bonds issued. Section 5. U.S. Bank National Association, Los Angeles, California, is hereby designated as trustee in connection with the issuance of the Bonds at an annual fee of $400. Section 6. The Mayor, the City Manager, the Assistant City Manager /Administrative and Community Services, the City Clerk and other appropriate officers and officials of the City are hereby authorized and directed to take such action and to execute such documents as may be necessary or desirable to effectuate the intent of this resolution. Section 7. This Resolution shall take effect from and after the date of its passage and adoption. Section 8. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day of April, 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: Robert S. Torrez, Assistant City Manager — Admin & Community Services 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES) I, the undersigned, City Clerk of 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 April, 2010 AYES NOES ABSENT ABSTAIN Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this day of April, 2010. Maria Quinonez, City Clerk 3 RESOLUTION NO. A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY OF LYNWOOD AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENT TO THE CIVIC CENTER COMPLEX AND REFUND THE AUTHORITY'S OUTSTANDING 1999 LEASE REVENUE BONDS, APPOINTING A FINANCIAL ADVISOR, BOND COUNSEL, DISCLOSURE COUNSEL, UNDERWRITERS AND A TRUSTEE IN CONNECTION THEREWITH WHEREAS, the Lynwood Public Financing Authority (the "Authority ") anticipates the issuance of its lease revenue bonds (the "Bonds ") to finance and refinance certain capital improvements for the City of Lynwood including the refunding, on a current basis, of the Authority's outstanding Lynwood Public Financing Authority Lease Revenue Bonds, Series 1999; and WHEREAS, it is desirable to appoint a financial advisor, bond counsel, disclosure counsel, underwriters and a trustee in connection with the issuance of the Bonds. NOW, THEREFORE, THE LYNWOOD PUBLIC FINANCING AUTHORITY OF THE CITY OF LYNWOOD, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Authority hereby authorizes issuance of the Bonds by the Authority. Officers and officials of the Authority are authorized to proceed with the preparation of the necessary documents in connection with the issuance of the Bonds, subject to the final approval thereof by the Board of Directors of the Authority and by the Council at subsequent meetings. Section 2. Gardner, Underwood & Bacon LLC, Los Angeles, California, is hereby designated as financial advisor to the Authority and the City in connection with the issuance of the Bonds. The President, the Chief Administrative Officer and the Assistant City Manager /Administrative and Community Services, or the designee thereof, are each hereby authorized and directed in the name and on behalf of the City to execute an Agreement for Financial Advisory Services with such firm at a fee of $35,000. Section 3. Quint & Thimmig LLP, San Francisco, California, is hereby designated as bond counsel and as disclosure counsel to the Agency in connection with the issuance of the Bonds. The President, Chief Administrative Officer and the Assistant City Manager /Administrative and Community Services, or the designee thereof, are each hereby authorized and directed in the name and on behalf of the City to execute an Agreement for Legal Services with such firm at a fee of $67,000. Section 4. Wedbush Securities, Inc., Los Angeles, California, and Southwest Securities, Inc., Irvine, California, are hereby designated as underwriters to the Authority and the City in connection with the issuance of the Bonds at a fee not to exceed $5.90 per $1,000 of bonds issued. Section S. U.S. Bank National Association, Los Angeles, California, is hereby designated as trustee in connection with the issuance of the Bonds at an annual fee of $400. Section 6. The President, the Chief Administrative Officer, the Assistant City Manager /Administrative and Community Services, the City Clerk and other appropriate officers and officials of the City are hereby authorized and directed to take such action and to execute such documents as may be necessary or desirable to effectuate the intent of this resolution. Section 7. This Resolution shall take effect from and after the date of its passage and adoption. Section 8. The Secretary shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day of April, 2010. Maria T. Santillan, President ATTEST: Maria Quinonez, Secretary APPROVED AS TO FORM: Fred Galante, Authority Counsel Roger L. Haley, Chief Administrative Officer APPROVED AS TO CONTENT: Robert S. Torrez, Assistant City Manager — Admin & Community Services 4 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES) I, the undersigned, Secretary of the Lynwood Public Financing Authority, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood Public Financing Authority at a special meeting held on the day of April, 2010 AYES NOES ABSENT ABSTAIN Maria Quinonez, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES) I, the undersigned, Secretary of the Lynwood Public Financing Authority, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this day of April, 2010. Maria Quinonez, Secretary 3 a a! ^ AGENDA STAFF REPORT 4 DATE: April 6, 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: Adoption of Plans, Contract Documents and Working Details Sanborn Avenue Improvement Project Project No. 4011.67.868 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 SANBORN AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.868; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS ". Background: The improvement of Sanborn Avenue (from Virginia Avenue to Louise Avenue) is included in the Capital Improvement Program for fiscal year 2009 -2010. This project entails reconstruction of street pavement, damaged curbs and gutters, driveway approaches, sidewalks, wheelchair ramps, pavement striping and signage on Sanborn Avenue between Virginia Avenue and Louise Street. The project plans, specifications and working details have been completed and are now ready for the City Council's adoption. The California Public Contract Code Section 22039 and the Lynwood City Code Section 6 -6.7 require the City Council to adopt plans, specifications and working details for all public. projects exceeding $125,000. The cost estimate for the project is $315,000. Discussion and Analysis: The Plans, Specifications and Working Details for this project are available for examination in the Office of the City Engineer. AGENDA ITEM Fiscal Impact: The estimated project cost of $315,000 includes the following: • Construction contract: $252,000 • Construction Administration & Inspection (10 %): $ 25,200 • Contingencies (15 %): 37,800 TOTAL: $315,000 The project is currently funded with $188,000 of federal Housing and Urban Development (HUD) funds. As it stands, the project has a budget shortfall of $127,000. However, staff has identified additional funding sources that can reimburse for this shortfall from the 1 B Bond or HUD R funds. The additional fund appropriation request will be presented to the City Council when the construction contract agreement is ready to be awarded. 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 SANBORN AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.868; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS WHEREAS, the improvement of Sanborn Avenue is currently funded with the federal Housing and Urban Development .(HUD) funds and is listed in the City's Capital Improvement Program for fiscal year (FY) 2009 -2010; and WHEREAS, the estimated project cost for said project is $315,000; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that the improvement of Sanborn Avenue 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 exemptions; 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 improvement of Sanborn Avenue, Project No. 4011.67.868 is in accordance with the California Environmental Quality Act (CEQA) and adheres to CEQA Guidelines. Section 2 . That the City Council of the City of Lynwood adopts the Plans, Specifications and Working Details for the Sanborn Avenue Improvement Project, Project No. 401 1.67.868. Section 3 . That the City Council of the City of Lynwood authorizes the solicitation of bids for the Sanborn Avenue Improvement Project, Project No. 4011.67.868. 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. PASSED, APPROVED and ADOPTED this 6th day of April, 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: 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 5 4 p� AGENDA STAFF REPORT DATE: April 6, 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: Federal Appropriations Request for Projects for Fiscal Year 2011 Recommendation: Staff recommends that the City Council ratify the submitted projects and authorize the City Manager to continue to work with the offices of Congresswoman Sanchez, and Senators Boxer and Feinstein to secure federal funding of City projects. Background: Congress annually considers several appropriations measures, which provide funding for numerous activities. Each year staff submits projects to the City's Congressional representatives for federal appropriations. In the past, the City was successful in receiving federal appropriations for the Long Beach Boulevard Improvement Project, After School Program and Pocket Parks. This year, staff submitted a total of eleven projects for consideration. Discussion & Analysis: The federal appropriations process remains competitive and funding availability limited. This year, Congresswoman Sanchez limited the submittal to five projects within a budget request of $300,000 per project. Staff submitted ten projects to Senator Boxer and eleven projects to Senator Feinstein. The list below is the projects submitted to the City's Congressional representatives. l Project Description Funding Request Brownfield Training Provides advanced training and $196,606 Program certifications to low income persons within Lynwood and areas serviced by the LUSD and HUB Cities Consortium Emergency To retrofit service improvements to the $100,000 Operations Center City's EOC at City Hall and establish an Impr EOC alternate EOC Lynwood Green To construct a one acre park at 12001 $900,000 Park Atlantic Avenue. Neighborhood To provide after school and off school $200,000 Mobile Recreation recreational and scholastic support Program opportunities. Shot Spotter To purchase equipment for real time gunfire $300,000 alerts. Lynwood To construct an 8,645 square foot $4,230,000 Comm unity Center community center at Yvonne -Ham Park. Los Amigos Park To add lighting and law enforcement video $120,000 Community surveillance. Enhancements Martin Luther King To improve curbs, gutters, sidewalks, traffic $2,724,210 Boulevard signals, street lights, pavement overlays, Improvement Project and landscaping. Nursing Career To provide upgrade training skills to 45 $298,999 Upgrade Training young workers from 18 -25 who have been previously trained and are currently employed as Certified Nursing Assistants at skilled nursing and long -term care facilities in Lynwood Wright Road To improve curbs, gutters, sidewalks, $2,273,400 Improvement Project pavement overlays, drought tolerant landscape, traffic signal, irrigation, and storm drain. Mobile Business To bring on -site services to small $217,000 Assistance Center businesses and employees throughout Lynwood. Congresswoman Sanchez' staff contacted the City for further information on the Emergency Operations Center, Neighborhood Recreation and Brownfield Training programs. In order to proceed with the Emergency Operations Center, Congresswoman Sanchez' staff needed the City to commit a local match of $25,000 to the project request for the project to remain competitive. Fiscal Impact: In general, staff offered a 25% local match to the requested federal funding to stay competitive. For example, if the City's Emergency Operations Center is 2 selected for funding, the City would be required to allocate $25,000 as a local match. There is no need to allocate funding at this time. If any of the submitted projects is selected, staff will bring the item back to the City Council for an appropriation. Coordinated With: Finance Department City Attorney AGENDA STAFF REPORT DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Jonathan Colin, Director of Development Services SUBJECT: Special Permit Request — Circus Recommendation: Staff recommends that the City Council approve the proposed special permit to allow the operation of a circus, subject to payment of fees, and compliance with all City and County requirements. Background: Ruben Caballero is proposing to conduct "Circo Hermanos Caballero" at 3000 E. Imperial Hwy. The site is currently used by Plaza Mexico as a parking lot. Discussion & Analysis: Staff received a request from Ruben Caballero on March 15, 2010. The operation of the circus would occur from April 9 through April 19, 2010. The Lynwood Municipal Code requires City Council approval of a circus, carnival or similar event, 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: • Detailed description of the event (i.e. tents, booths, rides, animals, parking etc) • Detailed site plan identifying locations of tent, booths, rides, animals and parking; • Written permission from the property owner • Fire Department clearance • Sheriff Department clearance 4GENDA ITEM 17 • Insurance policy • Applicable building permits (i.e. stage, generators, structures) • Business license related fees. • Bond Additionally, the applicant must pay the following fees pursuant to the Master Fee Schedule FY 2008 -2009: License Fee $2,200 ($200 per day) Fire clearance Fee $935 ($85 per day) Building permits $87(amount for generator, price differs based on size and' number of units) $87 (Amount for tent) The total amount of fees due is $3,309. Unless waived by the city Council, the balance of the fees shall be paid on or before April 9, 2010. Prior to final approval, the Building Inspector will inspect the facilities to include the tent, bleachers, generator and exits. Fiscal Impact: The total fees due by the special permit are $3,309. Coordinated With: City Manager's Office City Attorney's Office Finance Department GREENLAND PROPERTY MANAGEMENT, LLC March 15, 2010 City of Lynwood 3100 Bullis Ave. Lynwood, CA 90262 To Whom it may Concern, We represent the interest of the Owners at the Plaza Mexico Shopping Center, 3100 Imperial Hwy. Lynwood, CA. We are seeking permit approval to host Caballero Productions Inc., who will be conducting a unique circus at our adjoining property located at 3000 E. Imperial Hwy. Lynwood, CA. The proposed dates for the circus are April 9"' to April 19 t h, 2010. Caballero Productions Inc. is an extremely popular circus we believe will provide the City and surrounding neighborhoods with unique family entertainment and fun for all. Caballero Productions is currently located out of Las Vegas, Nevada and is very rarely available in California. If you have any further questions, please call me at (714) 521 -8580. P.O. Box 489, Buena Park, CA 90621 T/(714) 521.8580 F/(714) 521.4256 Thank you for your time and attention. vrrG�'(d� t 1� Q7 2-D L t'i PAJ eIA,- U LAS ll q NY $q1 Z-' L 6 (a-h oi s I T 1 t a ? r , �eu(-, � , y k- j q Lt Z �.v AV L -uxj* -AAA V C—. ��f4) f N�YiL ('GaJ1`ku�lttP� 't�rCA— CLa1 uv-e � A iv' l— 20 z ai v c c.JYot Lyliwo6k �l� a t� �:�� fJ�� CLO c� u� -2—_ �v� kaY 0 �� OW a T 91 OD S�kur�lA� ��ID a� x/.'30 �i� alv d o � u uCl aY kl6, 2- O,J L Shaw �- 7 00 �r� ��sd�� y-I3 nue S4 c� t��l��dUY �� D,�Q �c�tsa� 7'�4 �h�. � ��I.S �-� S1a.ul ewe day � y- ! jy � 240 � S/'�� d l-'G� �l�-� At& � 9A)C- -- I S PY kru - /v�2 -22 y n � o I Va qo 1�� f"l n vJ co o v pi CD m rri �N M X O � r O b cn Z0 /10 39Vd 0 CALIFORNIA DEPARTMENT' OF FORESTRX and FIRE PROTECTION OFFICE OF THE STATE "FIRE MARSHAL. REGISTERED' FL RESISTANT - PRODUCT Product: Registration No. PRECONTRAINT 702 BLACKOUT F - 4 - 4 - 408 .Frodue•t Market:ed By:: - J - . XA TOUR DST PZN �F.?A - �.SQUIt' DII PII� • FR1iNCS • . _ - . This product meets the minim requirements of fl ame•resista0ce established by the. California State Fire Marshal for products identified in Section .13115, California Health and Safety Code. . The scope of the approved use of this product is provided in the cu=t edition of the CALIFORNIA ATPROVED LIST OF FLAME RETARDANT CHEWCALS AND FABRICS, GENE APED LIWTED AFFLICATiONS CONCERNS published by the !California State Fire t,�Iarsha!_ Deputy'State Fire Marshal FR-8 0 A A a N a m N N_ U' N o 0 m ` Z rn O 1 o �p N 1K 0 Q L 1 N D 1 A w 0 o N T N r u p A G=y w m > � z p r_ T so ou m m C) 0 0 . 50 V> a E CD ( L)jj \ BELLINGER ST. C y Ri gs? � D � r � ioo a -I -1 -i J O ~ STATE ST. /ao ti � o o � � m (� 97/ � w 99.3�(p ° ti W ti / e U+ J ;A 8 rn ,rn U o� w (D IOD ° w ecn N ��D w ,ern w orn ru N o e� � N ern ssv7irN yO� OI / 5 N i01 W NO N "o N O � � O e t iD � N OD w v �A LIT N w w god Pi 0 �O 0 J rn N A w Iv 0 30 25 25 O ~ STATE ST. /ao ti � o o � � m a) a�i I Z .0 C c cu R co J (D U- .of z �� ` r c� L c — U y 83UBJIu3 N n N m � a'c N�a)m co w CD za _�_ 3m� c 0 X 03 °13� ° m mN m03wm°- �M 7 6 I m � M- C QS G ai H y DO rng L c� QO r e- co Of C m `�� It 11 II 0 m x c c c E 0000E m " �13BU13� p Z olll M CI) COCOCn2 Z _: cy cri . v ti uu lw =- - C4 0i 83UBJIu3 N n N m � a'c N�a)m co w CD za _�_ 3m� c 0 X 03 °13� ° m mN m03wm°- �M 7 6 I m � M- C QS G ai H y DO rng L c� QO r e- co Of C m `�� It 11 II 0 m x c c c E 0000E m " �13BU13� p Z olll M CI) COCOCn2 Z _: cy cri . v Z, CIRCO HERMANOS CABALLERO_ Presented by Caballero Productions, Inc. Genera! Information Circo Hermanos Caballero is a family owned and operated European style Big-Top Traveling Circus. The performance is one hour and 45 minutes; with a 15- minute intermission. The Caballero family is.committed to provide enchanting and delightful, high - quality wholesome family entertainment to the American public iri a safe and pleasant setting. State -of -the -art lighting and.sound systems combined with theatrical and:special.effects are coupled and interWthed with superb artistry to produce a tapestry of awe, amazement, wonder and admiration that spellbinds the senses and-emotions; of the audience. There are no wild-animals in the show, neither peifonning or for exhibition. it is definitely *a high - quality circus delivering a wdrld -class performance. The two =hour' performance is presented in a Europea A-atin style, combining the: best circus elements of both continents. The performance takes place in a one -ring stage with the. audience at comfartable distance. This yieids a first -class perfonrance. The spectators can better appreciate the show and the players can enjoyf the audience's - undivided attention. Theatrical style, lighting and a modern sound system provides an exuberant and vivacious circus eicperiertce. Jugglers, acrobats, dare clowns, contortionists flying trapeze artists arid aerl`aiists are the acts.presehted in our show. it is in no manner a carnival. We do not offer any games of chance, :mechanical rides, freak shows, or exhibitions of any kind. We are a wholesome family d6t6dalnmertt serving the conimuni fostering -the continuity of an age -old family tradition, yet in doing so we ,present it with a modem touch. Circuses are, indubitably, a cultural event, but more so a wonderful and delightful experience that brings families together for two hours of solid fun -;Mid excitement, - creating starr"ye memories that will be cherished throughout allifetime. Circa . Cabill�ra has the ability to - capture the hearts and imagination of the young and. old alike, casting'a "magical" spetl over'the spectator leaving them with .eyes wide open (and often mouths wide opeht), as the audience watches in awe and disbelief the 'incredible drib daring feats of the young men and women 'who fly through the air witfi.. great elegance, gracefulness and incredible ease, like bird in flight: Our circus is professionally managed and directed by executives that haue worked in the entertainment industry for more than thirty years. We provide a quality, world- class, family enteftainment service to enhance the life and lift the spirits of the community, creating a delightful sentiment and leaving a lasting impression on the heart. Caballero Productions Inc. DBA Circo. Herrnanos= Caballero General information Our in house security is made up of four people from our company personnel and are fully dedicated to the - safety and protection of our patrons as they also provide guidance in- and around the circu tent show. Our circus tent is h full compliance with all the sections of the 2007 California Uniform Fire Code Title 24 Part 9 of the California Administrative Codes. We-also have appropriate certification of Fiame Proofing for the circus. -tent. A fire lane is maintained on all sides of the circus tent. The emergency exits are lighted and clearly visible from any direction inside the tent.and throughout -to guide our patrons to safety in case of an emergency. fro. - .orrt facilities are provided for the comfort of our patrons. The facilities are hired from a local company and are cleaned, sanitized, pumped and filled with chemicals as needed. Recorded music beds are utilized for the-performances_ and a'single microphone is used for the pertinent announcements. The sound is kept at an appropriate level and only inside - the big -top. There are no alcoholic beverages served or sold what so ever. Only traditional circus concession items such as popcom, soft drinks, cotton candy, hot dogs, 'snow cones, bottled water and nachos is what we cater our patrons. - Our power is supplied from a 150kw generator enclosed a 48 "foot trailer with ventilated windows always parked 25 feet from the tent. A 100 'gallon holding diesel tank is- nextto th " rator and a fire extinguisheris ready and - available. The circus contrasts commercial waste management services at each- location for trash removal. A 30 yard open top con_tamer is requisitioned and it is emptied- as needed. The site is cleaned daily and 'it is retumed to a as was condition after the final performance before the departure of the circus. Our circus is professionally managed and directed by executives that have worked in the aritertainment industry for more than thirty years.. We provide a quafity, world class, family entertainment service to enhance the life and lift the s- pirits of the community, creating a delightful sentiment and leaving. a lasting impression in the heart of the same. t - t ` .1 r T r' f AW Ox 4 Fir y •,� , ° L '_ � ice. ± Q ..• x � �S:- .�.- A,� — +YF -�.. F'l Pte_ .�_��.J�_ _. f e' i y ? W M, V is w f�� , ' - v fit Ann APPLICATION FOR SPECIAL PERMIT APP INFORMATION: NAME: /� /C ILV CDL #: NV. 7 /� ADDRESS: 1� 20 La t / I (CAI dk L CITY: AS Vt'Y OCCUPATION: NUMBER OF PERSONS EMPLOYED: SBE: CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD, CA 90262 (310) 603 -0220, EXT. 631 HONE: 7 az - ozo, N—r— zip: $'9 / Z 3 (State and of Equalization Number) EVENT INFORMATION: l � G� !/ TYPE OF PERMIT REQUESTED: lY [,c I� - f - �!lL1l / Jpti ci ' " DATE(S) OF EVEN HOURS OF OPERA ADDRESS OF PROPOSED EVENT LOCATION: L ^ lPY1'aL. lfLv 1yvwwG{ C� // L� go2 L SPECIFIC AREA DESIGNATED FOR EVENT: � Y N Q mvmd ' L6(._. _ IS STREET CLOSURE BEING REQUESTED: YES ( Q (CIRC ONE) (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) Al/et- IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: L J fpx,& HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES (CIRCLE ONE) IF YES, WHERE AND WHEN: WHAT TYPE OF EVENT IS THIS? FOR -PROFI NON- PROFIT (CIRCLE ONE) IF THIS IS A NON - PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON - PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANIZATION BEING BENEFITED: STATE NON - PROFIT NUMBER: ADDRESS OF ORGANIZATION: PHONE: IS A WAIVER OF FEES BEING REQUESTED: YES NO (CIRCLE ONE) IF YES, EXPLAIN: A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT. /f SIGNURE OF PP NT DATE I�T 15 nin SIGNATURE OF APPLICANT DATE MAR 2 ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. IF THIS PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY. FOR CITY USE ONLY CITY CLERK: CONFLICT WITH PRIOR APPROVED EVENTS: YES NO IF CONFLICTS EXIST, DESCRIBE: EVENT DATE APPLICANT FIRE DEPT.: APPROVED/NO CONDITIONS C�PPRO WITH CONDTIION COMMENTS /CONDITIONS OF APPROVAL: IZ 3r f6 SIGNATURE DATE SHERIFF'S DEPT.: APPROVED/NO CONDITIONS APPROVED WITH OC ND TI IONS: COM � NTS /CONDITIONS OF APPROVAL: rt//G" Al/ e- •.,1, -Ob [o. TURE C PUBLIC WORIS HEPT.: APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS: COMME CONDITIONS OF APPROVAL: SIGNATURE DATE DEV. SERVICES DEPT.: APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS /CONDITIONS OF APPROVAL: SIGNATURE DATE IF APPLICABLE, APPROVED/DENIED BY CITY COUNCIL ON: APPLICANT NOTIFIED: slt's�FS� L�&tC ROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS /CONDITIONS OF= � s •- �'�ad` AGENDA STAFF REPORT DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Deborah L. Jackson, Director of Neighborhood Service 1i SUBJECT: AT &T Texting & Driving — It Can Wait Campaign Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING AT &T'S EFFORTS TO RAISE AWARENESS ON THE DANGERS OF TEXTING WHILE DRIVING IN HOPES THAT PEOPLE USING WIRELESS PRODUCTS AND SERVICES DO SO SAFELY ". Background: On July 1, 2008, two new laws banning the use of wireless telephones (cell phones) while driving in California took effect. The first law prohibits all drivers from using handheld wireless phones or cell phones. The second prohibits drivers under 18 from using hands -free cell phones. AT &T is taking a strong stance on the danger of texting while driving in hopes that people using wireless products and services do so safely, therefore they have launched a national campaign. AT &T has asked that the City of Lynwood adopt a resolution on the principles of not texting while driving. Discussion & Analysis: Mayor Santillan requested that this item be placed on the City Council agenda for consideration. "No text message is worth dying over - It can wait ", is the central message in AT &T's aggressive new public awareness and education campaign. AT &T is taking a strong stance on the dangers of texting while driving. This resolution promotes the health and safety of all Lynwood residents, acknowledg the serious risks of texting while driving, promote safe driving across the state. In AGENDA ITEM effort to spread the message about this important issue to residents, as well as employees, constituents, friends and family members, AT &T has requested that the City will advertise this campaign through: • Providing a link to AT &T's online education and resource center from the City's website • Preparing a campaign message to be placed in upcoming Lynwood `n Perspective newsletters • Distributing " Texting and Driving .... It Can Wait: Safety Tips" to businesses, residents, employees, and teens AT &T's message is simple, yet vital: When It Comes To Texting and Driving - It Can Wait. Fiscal Impact: The Los Angeles County Sheriff's Department issues citations for this infraction. The fine for a first offense, including penalty assessments is $76. A second offense is $190. Coordinated With: City Attorney's Office Finance Department Sheriff's Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING AT &T'S EFFORTS TO RAISE AWARENESS ON THE DANGERS OF TEXTING WHILE DRIVING IN HOPES THAT PEOPLE USING WIRELESS PRODUCTS AND SERVICES DO SO SAFELY WHEREAS, the City of Lynwood holds the health and safety of its citizens as a paramount concern; and WHEREAS, wireless phone use has become ubiquitous throughout our community, California, and the nation as a whole; and WHEREAS, the use of text messages has grown exponentially in recent years; and WHEREAS, any time a driver attempts to send an electronic text message while driving, his or her attention is diverted from the road; and WHEREAS, a recent Pew Internet & American Life Project study found that 26 % of American teens of driving age say that they have texted while driving, and 48% of all teens 12 to 17 say that they have been a passenger while a driver has sent a text message; and WHEREAS, a recent Nationwide Insurance study showed that eighty percent of respondents support some type of ban on sending text messages or emails while driving; and WHEREAS, a recent Virginia Tech study showed sending electronic text messages while driving makes an accident 23 times more likely; and WHEREAS, a study conducted by The Transport Research Laboratory in the United Kingdom showed that sending text messages while driving is riskier than driving under the influence of alcohol or drugs; and WHEREAS, a driver that attempts to send electronic text messages while driving is not just a hazard to themselves, but to passengers, other drivers, and pedestrians as well; and WHEREAS, the United Stated Department of Transportation has banned all commercial truck and bus drivers from sending electronic text messages while driving, with the support of the driver's unions; and WHEREAS, it is illegal to send electronic text messages while driving in the State of California; and WHEREAS, the fine for violation of Section 23123 of the Vehicle Code is punishable by a fine for the first offense, including penalty assessments is $76. A second offense is $190. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City of Lynwood promotes safe driving across California and hereby joins AT &T in its effort to educate the general public about the danger of texting while driving. Section 3. This Resolution shall become effective immediately upon its adoption. 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: Deborah L. Jackson, Director Neighborhood Services 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 its regular meeting held in the City Hall of said City on the day of April, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: F_- 1*4?l►36 Maria Quinonez, City Clerk 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 Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk Texting & Di iving It Can Wait: Safety Tip Text messaging has experienced a tenfold increase in the last three years *, according to CTIA — The Wireless Association. Texting is increasingly becoming the way we communicate. Unfortunately, some people may be texting from behind the wheel of a moving vehicle. AT &T wants to inform all wireless users that safety comes first when you're in the driver's seat. To help battle unsafe texting, especially by teens, following are a few key tips: Tips for Teens: • Be smart. Don't text and drive. No text message is worth being distracted while you drive. • Be in control. Remember it's your phone. You decide if and when to send and read texts so take control. Consider turning your phone off, setting it to silent or even storing it in the glove box before hitting the road. • Be caring. Never send a text message to a friend that is driving to meet you, or to anyone you know is likely behind the wheel. • Be a BFF. Friends don't let each other text and drive. Visit www.facebook.com /aft to take a pledge not to text and drive, and encourage your friends to do the same. You can also print and sign AT &T's pledge, available in our online toolkit at www.aft.com /txtnqcanwait Tips for Adults: • Be a resource. Share information with your teen about the risks of texting while driving. Download resources from our toolkit, www.att.com /txtnqcanwait • Be an example. Don't send the wrong message by texting while you drive. Your teen will follow your example. Visit the toolkit, www.aft.com /txtngcanwait to print, discuss and sign the Parent/Teen Pledge. And, if you're on Facebook, visit www.facebook.com /aft to take the pledge online and encourage your friends (and family) to do the same. • Be caring. Don't send a text when you know your teen is driving. Wait for them to call or text you once they have arrived safely at their destination. • Be aware. Know your options. AT &T Smart Limits ** offers parents an easy way to manage their teen's cell phone and text messaging activity. Go to www.aff.com /smartlimits for more information. Above all else, our message is simple, yet vital. When it comes to texting and driving, it can wait. http: / /Ctia org/ advocacy /researchlindex.cfmIAID /10323 "Smart Limits for Wireless cannot currently set monthly limits for minutes; incoming calls are allowed at all times except from numbers designated as "Blocked Numbers." Browsing Limits and Time of Day Restrictions will not work for restricting Web browsing usage while the user is in Wi -Fi mode on Wi -Fi capable devices such as Phone. As your child approaches the text and download limits, he /she will receive an advance warning. Once a limit is reached, there will be a notification the action is restricted and the service will be stopped until the next billing cycle begins. Calls and text messages to and from phone numbers you designate as 'Allowed Numbers" and calls to 911 will continue to be permitted regardless of the limits you set. For more information, visit AT &T Smart Limits for Wireless Terms of Use, http://www.wireless.att.com /learn /articles- resources /parental- controls /smart- limit- terms. jsp. ..... q!, AGENDA STAFF REPORT DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Jonathan Colin, Director of Development Services Octavio Silva, Planning Assistant SUBJECT: Reductions and revisions to Lynwood Municipal Code Related to Membership and Operational Standards for the Planning Commission, Youth Commission and the Senior Citizens Advisory Board Recommendation: Staff recommends that the City Council waive reading and introduce the attached ordinance entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA TO REDUCE THE NUMBER OF PLANNING COMMISSION MEMBERS FROM SEVEN TO FIVE AND YOUTH COMMISSION MEMBERS FROM THIRTHEEN TO FIVE; AND REVISING THE LYNWOOD MUNICIPAL CODE TO CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSIDIARY PUBLIC BODY." Background: At its meeting on January 19, 2010, the City Council directed staff to reduce membership requirements in the Planning Commission from seven to five members and the Youth Commission from thirteen to five members. Additionally, the City Council requested that the existing Senior Citizens Advisory Board be changed to the Senior Advisory Council and designated as a subsidiary public body of the City Council with members appointed by the City Council. Discussion & Analysis: Section 2 -12 -3, "Membership of Subsidiary Public Bodies," of the Lynwood Municipal Code (LMC) establishes the number of members per subsidiary public body. Currently, the Planning Commission is allocated seven members which are appointed by the City Council. The Youth Commission is comprised of thirteen members who are also appointed by the City Council. In order to ensure that both the Planning and Youth Commissions operate efficiently and effectively, the City Council requested that membership among the Planning and Youth Commissions be reduced to five members. The City Council's request to reduce commission memberships will minimize the chances that either commission will be unable to establish a quorum for required meetings. In an effort to ensure that the Planning Commission and required meetings operate efficiently, additional revisions to the municipal code have been identified. Proposed revisions include amending Section 25 -3 -2 of the LMC to revise the starting time for regular Planning Commission meetings from 6:30 pm to 5:00 pm. Additionally, Section 25 -3 -3 of the LMC will be amended to reduce the number of members required to call a special meeting from four to three so as to be consistent with the reduction in the number of Planning Commission members. Lastly, in 2008 the City Council requested that the name of the Senior Citizen's Advisory Board be changed to the Senior Advisory Council. As part of the proposed revisions, Section 2 -12 -3 of the LMC will be revised to codify the designation of the Senior Advisory Council as a subsidiary public body. Fiscal Impact: The proposed revisions and reductions in membership will result in cost savings. Currently, members of the Planning Commission meet once a month and receive a $25 payment for their attendance and participation. By reducing two members in the Planning Commission, the City will save $600 throughout the course of a year. Coordinated With: Parks & Recreation City Clerk's Office Finance City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING THE NUMBER OF PLANNING COMMISSION MEMBERS FROM SEVEN TO FIVE AND YOUTH COMMISSION MEMBERS FROM THIRTEEN TO FIVE; AND REVISING LYNWOOD MUNICIPAL CODE TO CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSIDARY PUBLIC BODY WHEREAS, the City Council of the City of Lynwood had directed that the number of Youth Commission members for the City from 13 to 5, so as to increase the likelihood that the City may recruit sufficient interested persons to serve on, and establish a quorum for, the Youth Commission; WHEREAS, the prior direction by the Council to reduce of the number of Youth Commission members has never been formally adopted or codified; WHEREAS, the City Council further wishes to reduce the number of Planning Commission members for the City from 7 to 5 to assure that the Planning Commission operates efficiently and reduce the chances that the Planning Commission will be unable to establish a quorum; WHEREAS, the City Council further designated the Senior Advisory Board as the City's exclusive advisory body relative to senior citizens issues pursuant to Resolution No. 2003 -131; and WHEREAS, in 2008, the City Council directed that the name of the Senior Citizens Advisory Board be changed to the Senior Advisory Council and designated the Senior Advisory Council as a subsidiary public body of the City Council with members appointed by the City Council; and WHEREAS, the City Council now desires to codify these changes to the Lynwood Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1 . Section 2 -12.3, "Membership of Subsidiary Public Bodies," of the Lynwood Municipal Code is hereby amended to add the "Senior advisory council" subsidiary public body, in alphabetical order, following the "Recreation and parks commission ", with an indication that such council is to have 5 members and reducing the number of Youth and Planning Commission members to read as follows, with all other provisions of Sectinn 9-19-1 remaining unmodified and in full force and effect: "2 -12.3 Membersl Notwithstanding any other provisions to the contrary in this code, the following subsidiary public bodies shall have the number of members as indicated in the table below: Name Of Subsidiary Public Body Planning commission Senior advisory council Youth commission Code Number Section Of Reference Members 2 -19; 25 -3 5 Not codified 5 2 -21 5 Section 2. That City staff shall revise and update the Bylaws for the Senior Advisory Council, subject to approval by the City Attorney. Section 3 . Section 2 -21.2 "COMPOSITION; APPOINTMENT OF MEMBERS," of the Lynwood Municipal Code is hereby amended to reduce the number of Youth Commissioner members from 13 to 5 members, which revised language shall read as follows: "2 -21.2 COMPOSITION; APPOINTMENT OF MEMBERS: The Youth Commission shall consist of five (5) members, ages eleven (11) to twenty -five (25) who shall be appointed by and serve at the pleasure of, the City Council." Section 4 . Section 25 -3 -2, "TIME AND PLACE OF MEETINGS," of the Lynwood Municipal Code is hereby amended to revisip the starting time for regular Planning Commission meetings from 6:30 p.m. to 5:00 p.m. to read as follows, with all other provisions of Section 25 -3 -2 remaining unmodified and in full force and effect: "25 -3 -2: TIME AND PLACE OF MEETINGS: The regular meetings of the planning commission shall be held on the second Tuesday of each month. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall be held on the next succeeding day that is not a holiday. Unless and until changed by resolution of the planning' commission, the regular meetings shall be held at the hour of five o'clock (5:00) P.M...." 2 Section 5 . Section 25 -3 -3, "SPECIAL MEETINGS," of the Lynwood Municipal Code is hereby amended to reduce the number of members required to call a special meeting from 4 to 3 so as to be consistent with the reduction in the number of Planning Commission members, which revised language shall read as follows: "25 -3 -3: SPECIAL MEETINGS: A special meeting may be requested at any time by the chair or by three (3) of the members of the planning commission by written notice to each member and to each person or entity entitled by law at least seventy two (72) hours before the time of such special meeting, as required under Government Code section 54956. Such special meetings shall be approved by the city manager." Section 6 . Section 25 -3 -4, "COMPOSITION AND APPOINTMENT OF MEMBERS," of the Lynwood Municipal Code is hereby amended to reduce the number of Planning Commission members from 7 to 5, which revised language shall read as follows: "25 -3 -4: COMPOSITION AND APPOINTMENT OF MEMBERS: The planning commission shall consist of five (5) members who shall be appointed by the city council." Section 7 . Except as expressly modified pursuant to this Ordinance, all provisions of the Lynwood Municipal Code shall remain unmodified and in full force and effect. Section 8 . If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 9. This ordinance shall take effect 30 days after its final passage, and within fifteen (15) days after its passage, the City Clerk shall cause it to be posted as required by law, and hereby designated for that purpose. First read at a regular meeting of the City Council held on the 6 th day of April 2010 and adopted and ordered published at a regular meeting of said Council on 16 day of April, 2010. 3 PASSED, APPROVED, AND ADOPTED this day of , 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: Jonathan Colin, Director Community Services i STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the day of 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk 04 ..y g � a wo U �r AGENDA STAFF REPORT ° L1 , IF? o4� DATE: April 6, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Robert S. Torrez, ACM – Admin.fl ' Svcs . Delania G. Whitaker, Administrative Analyst If� SUBJECT: Use of Special Counsel Recommendation: Staff recommends that the City Council consider this request from Councilmember Morton and direct staff accordingly. Background: At the request of Councilmember Morton, staff has placed this item on the agenda. Discussion & Analysis: Councilmember Morton has requested the following policy be adopted by Council: In order for special counsel to provide services to the City or Lynwood Redevelopment Agency, the City Council or Lynwood Redevelopment Agency Board, respectively, must first approve the hiring of special council by a majority of the total membership of the Council /Board, thereby requiring a minimum of 3 votes. As such, in addition to the requirements of Lynwood Municipal Code - section 6 -3.9, unless and until at least 3 votes are secured for approval of any contract with special counsel, no special counsel may be retained by the City or Agency to provide legal services to the City or Agency. In the event that special counsel is needed for bond and other services, staff would be required to bring the item before City Council or the Agency for consideration and authorization of an appropriate contract for such services. If the Council wishes to adopt such rule, the Council may direct staff to prepare an appropriate ordinance to. add that restriction to Lynwood Municipal Code section 6 -3.9 and bring it back to the next meeting. 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