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Maria T. Santillan, Chair
Aide Castro, Vice Chair
Alfredo Flores, Member
Jim Morton, Member
Ramon Rodriguez, Member
This 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. Materials related to an item on
this Agenda submitted to the Agency Board after distribution of the Agenda packet are available for public
inspection at the Agency Secretary's office at the above address during normal business hours. Any
person who has a question concerning any of the agenda items may call the City Manager at (310) 603-
0220, ext. 200.
~4GNDA
LYNWOOD REDEVELOPMENT AGENCY
JUNE 1, 2010
REGULAR MEETING
5:00 P.M.
LYNWOOD CITY HALL
11330 BULLIS ROAD
MARIA T. SANTILLAN
CHAIR
AIDE CASTRO
VICE CHAIR
JIM MORTON
MEMBER
ROGER L. HALEY
EXECUTIVE DIRECTOR
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MAY277010
CITY OF LYNWOOD ji
CITY CLERKS OFFICE
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ALFREDO FLORES
MEMBER
RAMON RODRIGUEZ
MEMBER
FRED GALANTE
AGENCY COUNSEL
OPENING CEREMONIES:
A. Call Meeting to Order
B. Roll Call (FLORES-MORTON-RODRIGUEZ-CASTRO-SANTILLAN)
C. Certification of Agenda Posting by Secretary
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
PUBLIC HEARING
1. ADOPTION OF THE FY 2010-2011 BUDGET
Comments:
The FY 2010-11 Proposed Budget presentation will discuss the 2010 budget highlights
which can also be found in your budget binder distributed with the agendas.
Recommendation:
Staff recommends that the Lynwood Redevelopment Agency open a public hearing, receive
a presentation on the proposed FY 2010-11 Budget, accept public comments, close the
public hearing, and adopt the attached resolution entitled:
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE
FISCAL YEAR 2010-11 BUDGET
2. AUTHORIZATION TO ISSUE LYNWOOD PUBLIC FINANCING AUTHORITY LEASE
REVENUE BONDS, SERIES 2010 A (ANNEX PROJECT)
Cnmments~
On February 16, 2010, 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:
It is recommended that the Lynwood City Council ("Council"), the Lynwood Public Financing
Authority (the "Authority") and the Lynwood Redevelopment Agency (the "Agency") each
adopt the respective resolution upon the completion of a public hearing period of all
interested persons wishing to be heard with respect to the financing of the construction of a
new City Hall Annex, Council Chambers and related improvements and to also refund the
1999 Lease Revenue Bonds with proceeds of the Lease Revenue Bonds, Series 2010 A:
A RESOLUTION OF THE CITY COUNCIt OF LYNWOOD APPROVING THE
ISSUANCE AND SALE BY THE LYNWOOD PUBLIC FINANCING AUTHORITY
OF NOT TO EXCEED $9,000,000 PRINCIPAL AMOUNT OF ITS LYNWOOD
PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2010 A,
AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND
AUTHORIZING ACTIONS RELATED THERETO
A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY
APPROVING THE ISSUANCE AND SALE BY THE LYNWOOD PUBLIC
FINANCING AUTHORITY OF NOT TO EXCEED $9,000,000 PRINCIPAL
AMOUNT OF ITS LYNWOOD PUBLIC FINANCING AUTHORITY LEASE
REVENUE BONDS, SERIES 2010 A, AND AUTHORIZING AND DIRECTING
THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED
THERETO
• A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
APPROVING THE CONVEYANCE OF CERTAIN PROPERTY TO THE CITY OF
LYNWOOD AND APPROVING OFFICIAL ACTIONS
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 Agency or staff request specific items are removed from the
consent calendar for separate action.
3, MINUTES OF PREVIOUS MEETINGS
Regular Meeting of March 16, 2010
Regular Meeting of April 6, 2010
Regular Meeting of April 20, 2010
Regular meeting of May 4, 2010
4. RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS.
5. APPROVAL OF AN AGREEMENT TO PROVIDE ARCHITECTURAL AND LAND USE
RELATED SERVICES FOR THE LYNWOOD REDEVELOPMENT AGENCY
Comments:
On January 20, 2010 the City of Lynwood advertised for Statement of Qualifications (SOQ)
submittal for on-call Engineering and Architectural Services and twenty-two (22) consulting
firms submitted SOQ's. On April 20, 2010 the Lynwood City Council approved the selection
of eight of the most qualified consulting firms for on-call Engineering and Architectural
Services for a period of three years. Said approval is without obligation to use any or all of
the firms so approved. CPAC Architects is one of the approved firms.
Recommendation:
Staff recommends that the Agency adopt the attached resolution entitled "A RESOLUTION
OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD
APPROVING THE AGREEMENT BETWEEN CPAC ARCHITECTS AND THE LYNWOOD
REDEVELOPMENT AGENCY FOR ON-CALL ARCHITECTURAL AND LAND USE
RELATED SERVICES NOT TO EXCEED $100,000.
6. RATIFICATION OF AN APPLICATION WITH THE COUNTY OF LOS ANGELES TO
PURCHASE PROPERTY LOCATED AT 3303 MAGNOLIA FOR THE PURPOSES OF
Development
Comments:
The purpose of this item is to request approval to submit an application to the County of Los
Angeles to purchase property located at 3303 Magnolia.
Recommendation:
Staff recommends that the Lynwood Redevelopment Agency adopt the attached resolution
entitled, "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY DOCUMENTS TO PURCHASE AND DEVELOP PARCEL NUMBER
6168-011-012, COMMONLY KNOWN AS 3303 MAGNOLIA AVENUE, LYNWOOD,
CALIFORNIA".
CLOSED SESSION
NONE
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON JUNE 15, 2010 AT 5:00 P.M. AT THE
COUNCIL CHAMBERS OF CITY HALL, 11330 BULLIS ROAD, LYNWOOD, CALIFORNIA
4
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"~~~~~~ ~ ~ AGENDA STAFF REP
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DATE: June 1, 2010
TO: Honorable Chair and Members of the Agency
APPROVED BY: Roger L. Haley, Executive Directory
PREPARED BY: Robert S. Torrez, Assistant City Manager inistrative and
Community Services
SUBJECT: Adoption of the FY 2010-11 Budget
Recommendation:
Staff recommends that the City Council open a public hearing, receive a
presentation on the proposed Fiscal Year (FY) 2010-11 Budget, accept public
comments, close the public hearing, and adopt the attached resolution entitled:
• A RESOLUTION OF LYNWOOD REDEVELOPMENT AGENCY
ADOPTING THE FISCAL YEAR 2010-11 BUDGET
Background:
The FY 2010-11 Proposed Budget presentation will discuss the FY 2010-11
budget highlights which can also be found in your budget binder distributed with
the agendas.
Discussion & Analysis:
The Citywide expenditure budget, including transfers between fund, totals $111.7
million and is funded by $99.8 million in revenues and the use of $11.9 of available
reserves, including bond proceeds for capital projects. The Citywide budget net of
transfers totals $79.7 million. The Citywide budget includes all funds and
programs, such as the Lynwood Redevelopment Agency (LRA), Water utility,
CDBG, Street Light and Landscape Maintenance Districts, and the General Fund.
The General Fund expenditure budget, including transfers from/to other funds,
totals $31.8 million, and is funded by $28.2 million in projected revenues and $3.6
million of available reserves. This includes transfers to cover shortfalls in the
assessment funds.
^
In light of the City's current economic state, the City Manager implemented policies
and procedures as part of the Fiscal Year 2010-11 budget development, directing
all departments that report to him to submit budget reductions in order to maintain
flat budgets. The results of the department~~° efforts are summarized on the City
Manager Proposed FY 11 Reduction attachr :ent.
Expenditure reductions across all funds and departments total $1.02 million,
including $530,140 in General Fund cuts. Please be reminded that recommended
reductions follow $6.5 million of total budget reductions across all funds and
departments over the last three fiscal years.
Fiscal Impact:
The fiscal impacts of the FY 2010-11 proposed budget can be found in the budget
presentation and transmittal letter of the budget binder.
Coordinated With:
All Departments
Attachment:
Resolution Adopting FY 2010-11 Budget
2
RESOLUTION NO
A RESOLUTION OF LYNWOOD REDEVELOPMENT AGENCY ADOPTING THE
FISCAL YEAR 2010-11 BUDGET
WHEREAS, the Board of Directors for the Lynwood Redevelopment Agency
(LRA) reviewed the Executive Director's Fiscal Year 2010-11 Proposed budget for
the LRA, attached herein and made a part of this resolution through this reference;
and
WHEREAS, the agenda for the June 1, 2010 meeting of the Lynwood
Redevelopment Agency were duly posted, and the Executive Director's FY 2010-
11Proposed Budget and all .related agenda material were made available to the
interested parties.
NOW, THEREFORE, THE LYNWOOD REDEVELOPMENT AGENCY
DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. The Lynwood Redevelopment Agency budget for Fiscal Year
2010-11 is hereby adopted as presented in the Executive Director's FY 2010-11
Proposed Budget.
Section 2. That the Agency finds that the planning and administrative
expenses are necessary for the production, improvement or preservation of low-
and moderate income housing and that the amount of money that will be spent for
planning and general administrative activities associated with the development,
improvement and preservation of that housing is not disproportionate to the
amount that will actually be spent for the costs of production, improvement, or
preservation of that housing.
Section 3. The Executive Director or his designee is hereby authorized to
approve any transfer between accounts, provided that they are within the same
department and the same fund.
PASSED, APPROVED AND ADOPTED this day of 2010.
Maria Teresa Santillan
Chair
3
ATTEST:
Maria Quinonez
Secretary
APPROVED AS TO FORM:
Fred Galante
Agency Counsel
APPROVED AS TO CONTENT:
Roger L. Haley
Executive Director
4
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DATE: June 1, 2010
TO: Honorable Mayor and Members of the City Council
Honorable President and Members of the Lynwood Public
Finance Authority
Honorable Chair and Members of the Agency
APPROVED BY: Roger L. Haley, City /Chief Administrative Officer/
SUBJECT: Authorization to Issue Lynwood Public Financing Authority
Lease Revenue Bonds, Series 2010 A (Annex Project)
Executive Director
PREPARED BY: Robert S. Torrez, Assistant City Mana er -Admin. &
Community Services
Recommendation:
It is recommended that the Lynwood City Council ("Council"), the Lynwood Public
Financing Authority (the "Authority") and the Lynwood Redevelopment Agency
(the "Agency") each adopt the respective resolution upon the completion of a
public hearing period of all interested persons wishing to be heard with respect to
the financing of the construction of a new City Hall Annex, Council Chambers
and related improvements and to also refund the 1999 Lease Revenue Bonds
with proceeds of the Lease Revenue Bonds, Series 2010 A:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING PROCEEDINGS BY THE LYNWOOD PUBLIC FINANCING
AUTHORITY FOR THE ISSUANCE AND SALE OF LEASE REVENUE
BONDS TO FINANCE AND REFINANCE CAPITAL IMPROVEMENTS
FOR THE CITY INCLUDING TO REFUND, ON A CURRENT BASIS, THE
OUTSTANDING LYNWOOD PUBLIC FINANCING AUTHORITY LEASE
REVENUE BONDS, SERIES 1999, APPROVING THE FORM AND
AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND
APPROVING OFFICIAL ACTIONS
AGENDA
ITEM
• A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE
BONDS TO FINANCE AND REFINANCE CAPITAL IMPROVEMENTS
FOR THE CITY OF LYNWOOD INCLUDING TO REFUND, ON A
CURRENT BASIS, THE OUTSTANDING LYNWOOD PUBLIC
FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 1999,
APPROVING THE FORM AND AUTHORIZING EXECUTION OF
RELATED DOCUMENTS AND APPROVING OFFICIAL ACTIONS
• A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
APPROVING THE CONVEYANCE OF CERTAIN PROPERTY TO THE
CITY OF LYNWOOD AND APPROVING OFFICIAL ACTIONS
It is also recommended that the City Council and the Authority approve the
funding of security equipment for the new City Hall Annex and Council Chambers
at an estimated cost of $200,000, and also approve certain legal documents in
substantially final form for the Series 2010 A Bonds including: an Indenture;
Lease Agreements and related documents; the 1999 Escrow Agreement; a Bond
Purchase Agreement; a Preliminary Official Statement; and, after the bonds are
sold, an Official Statement.
The Preliminary Official Statement (POS) is the draft prospectus or document
provided to investors that describes the capital projects to be financed with the
bond proceeds, identifies the revenues that will be pledged to make the annual
bond payments by the Authority and also provides general and financial
information on the City of Lynwood. The POS is a draft and you will note, for
example, certain financial information, such as the interest rates on the bonds, is
not filled in. That is because some of this data will not be known until the bonds
are sold. Therefore, as indicated, staff is requesting that Council approve the
POS and related documents in "substantially final form." This is routine standard
procedure on bond issues. Once the bonds are sold, the POS will be finalized
and then is called an Official Statement which will include the actual interest rates
and amount of bonds that were sold. The other documents will be finalized as
needed too.
Staff is proposing to issue approximately $8,500,000 in bonds. That amount
includes the refunding (refinancing) of the outstanding principal on the 1999
Lease Revenue Bonds ($3.8 million) in order to reduce interest rates paid; up to
$4 million in proceeds for capital projects; an amount for the required debt
payment reserve fund (equal to one year's principal and interest payment,
estimated at about $450,000); plus an amount to pay the related costs of
issuance such as financial advisor, underwriter, bond counsel, trustee, rating
agencies and other related fees.
The actual bond amount issued will fluctuate based on market conditions on the
date of sale. If interest rates were to move up on the date of sale, then the
Authority could potentially need to issue more than $8,500,000 in bonds in order
to accomplish the goal of obtaining $4 million in new money necessary for the
2
new City Half Annex, Council Chambers and related improvements. Therefore,
staff is also recommending that the City Council and Authority authorize the
issuance of up to $9,000,000 of bonds. Staff does not expect to need to issue
that amount; however, we need a "buffer" or higher authorization in case interest
rates are higher on date of sale.
Finally, it is recommended that the Mayor, Mayor Pro-Tem, City Manager, the
Assistant City Manager-Administrative and Community Services, the Assistant
City Manager-Development, the City Clerk and any and all other officers of the
Authority be authorized and to do any and all things deemed necessary in order
to consummate the issuance of the Series 2010 A Bonds.
Background:
On February 16, 2010, 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.
On April 6, 2010, City Council and the Authority approved staff's proposal to
issue lease revenue bonds to provide funds for capital improvements to the Civic
Center Comp{ex and to refund the Authority's 1999 Lease Revenue Bonds. The
appointment of the bond financing team was also approved.
Under the lease revenue bond structure the City is required to lease property to
the Authority and the Authority will lease the improved property back to the City
pursuant to the terms of a lease agreement. The City will make annual lease
payments to the Authority, which is the source of funds to pay each year the full
amount of principal and interest on the Series 2010 A Bonds. _
As with prior City lease revenue bonds (such as the 1999 and 2003 lease
revenue bonds), a pledge of collateral is required. The alternative would be to
prefund interest payments during the construction; that would add about
$450,000 to the bond issue, which we want to avoid. Therefore, staff identified
the Public Works Yard as having sufficient value to serve as collateral to the new
bonds.
However, via title search, it was discovered that the City's yard is actually owned
by the Redevelopment Agency instead of the City. In order to proceed with the
issuance of the Series 2010 A Bonds it is essential that the Agency convey the
City Yard to the City. LRA staff support this conveyance.
®iscussion ~ Analysis:
The Series 2010 A Bonds will be issued on atax-exempt basis and will be
amortized over 30 years. $4 million in proceeds will be generated to help fund
capital improvements to the Civic Center Complex and the installation of security
equipment. Based on current market interest rates, refinancing the Authority's
1999 Lease Revenue Bonds at lower interest rates would equate to
approximately 5% net present value savings. Cash .savings on annual bond
payments of approximately $300,000 could be realized over the life of the bonds.
Fiscal Impact:
The Series 2010 A Bonds are obligations of the Authority and are payable
from and secured by lease rental payments from the City's General Fund
to the Authority. It is anticipated that by refunding the 1999 Lease Revenue
Bonds, the City and Authority will be able to take advantage of today's
lower interest rates and reduce interest payments on that portion of the
new bond issue. However, the new bond issue will also issue, or borrow, up
to an additional $4.5 million to pay for new capital projects thereby increasing
combined annual debt payments.
-For the portion of the new bonds that refund the 1999 bonds, the new bond
payment will be approximately $210,000 versus the current payment of
$240,000. For the portion of the new bonds attributable to the funding of the
Annex/Chambers project, the bond payment will be approximately $240,000.
Total combined annual bond payments should equal approximately $450,000.
Again, this is an estimate and predicated on actual market conditions at
the time the bonds are sold to investors. Approximately 40% to 50% of the
annual debt service will be paid by the Agency, Lynwood Utility Authority and
other non-General Fund supported departments for their use of the new
facilities to be constructed.
Coordinated With:
City Attorney
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
PROCEEDINGS BY THE LYNWOOD PUBLIC FINANCING AUTHORITY FOR THE
ISSUANCE AND SALE OF LEASE REVENUE BONDS TO FINANCE AND
REFINANCE CAPITAL IMPROVEMENTS FOR THE CITY INCLUDING TO REFUND,
ON A CURRENT BASIS, THE OUTSTANDING LYNWOOD PUBLIC FINANCING
AUTHORITY LEASE REVENUE BONDS, SERIES 1999, APPROVING THE FORM
AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND APPROVING
OFFICIAL ACTIONS
WHEREAS, the Lynwood Public Financing Authority (the "Authority") has
heretofore issued its $3,760,000 Lynwood Public Financing Authority Lease Revenue
Bonds, Series 1999, the total amount of which remains outstanding (the "1999 Bonds");
and
WHEREAS, the proceeds of the 1999 Bonds were used to finance the costs of
the acquisition, construction, installation and equipping of certain public capital
improvements for the City (the."1999 Project"); and
WHEREAS, the City, working together with the Authority, proposes to undertake
the refinancing of the 1999 Project, including the refunding of the 1999 Bonds, and the
financing of certain new capital improvements for the City (collectively, the "2010
Project"); and
WHEREAS, for such purposes, the Authority has determined to issue its
Lynwood Public Financing Authority Lease Revenue Bonds, 2010 Series A (Civic
Center Improvement Project), in the aggregate principal amount of not to exceed
$9,000,000 (the "Bonds"); and
WHEREAS, the Bonds will be issued under the provisions of Article 4
(commencing with section 6584) of the Act (the "Bond Law") and an indenture of trust
(the "Indenture"), by and between the Authority and U.S. Bank National Association, as
trustee; and
WHEREAS, in order to provide for the repayment of the Bonds, the City will
lease its City Yard (the "Property") to the Authority and the Authority will lease the
Property back to the City pursuant to a lease agreement (the "Lease Agreement") under
which the City will agree to make lease payments to the Authority from moneys in its
General Fund and the City will budget and appropriate sufficient amounts in each year
to pay the full amount of principal of and interest on the Bonds; and
WHEREAS, the Property is currently owned by the Lynwood Redevelopment
Agency (the "Agency"); and
WHEREAS, the Agency has agreed to convey the Property to the City and the
City has agreed to accept such conveyance; and
WHEREAS, as required by section 6586.5(a) of the California Government
Code, a public hearing has been held by this Council in connection with the financing;
and
WHEREAS, the Council desires to make a finding of significant public benefit
pursuant to section 6586.5(a)(2) of the California Government Code, and to approve the
financing and the transactions contemplated by the Bonds; and
WHEREAS, the firms of Wedbush Securities, Inc. and Southwest Securities, Inc.
(the "Underwriters") have proposed to purchase and underwrite the Bonds and has
presented to the City a form of Bond Purchase Agreement for the Bonds, to be entered
into among the Authority, the City and the Underwriters (the "Bond Purchase
Agreement"); and
WHEREAS, a proposed form of official statement (the "Official Statement")
describing the Bonds, to be used in connection with the marketing of the Bonds by the
Underwriters, has been prepared and has been presented to the City; and
WHEREAS, the Council has duly considered such transactions and wishes at
this time to approve said transactions in the public interests of the City.
NOW, THEREFORE, THE CITY COUNCIL OF' THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Findings and Consent. The Council hereby finds that significant public
benefits will arise from the financing, in accordance with section 6586 of the California
Government Code in that the financing will result in demonstrable savings in effective
interest rates, bond preparation, bond underwriting and bond issuance costs to finance
the 2010 Project.
Section 2. Approval of Bonds. The Council hereby approves the issuance of the
Bonds by the Authority for the purpose of providing funds to refinance the 1999 Project,
to refund the 1999 Bonds and to finance the 2010 Project.
Section 3. Approval of Conveyance of Property. The Council hereby approves
the conveyance of the Property by the Agency to the City and the acceptance thereof by
the City.
Section 4. Approval of Site and Facility Lease. The Council hereby approves a
site and facility lease, by and between the City and the Authority (the "Site and Facility
Lease"), pursuant to which the City will lease the Property to the Authority, to be leased
back to the City pursuant to the Lease Agreement, in the form on file with the City Clerk,
together with any changes therein or additions thereto deemed advisable by the Mayor,
the Mayor Pro Tem, the City Manager and the- Assistant City Manager/Administrative
2
and Community Services (the "Designated Officers"), whose execution thereof shall be
conclusive evidence of such approval. The Designated Officers, each acting alone, are
hereby authorized and directed for and in the name and on behalf of the City to execute,
and the City Clerk, or any deputy or assistant City Clerk, is hereby authorized and
directed to attest, the final form of the Site and Facility Lease for and in the name of the
City. The Council hereby authorizes the delivery and performance of the Site and
Facility Lease.
Section 5. Approval of Lease Agreement. The Council hereby approves the
Lease Agreement, in the form on file with the City Clerk, together with any changes
therein or additions thereto deemed advisable by any Designated Officer, whose
execution thereof shall be conclusive evidence of the approval of any such changes or
additions, so long as the term of the Lease Agreement (not including extensions, as
permitted therein} does not extend beyond September 1, 2040. The Designated
Officers, each acting alone, are hereby authorized and directed for and in the name and
on behalf of the City to execute, and the City Clerk, or any deputy or assistant City
Clerk, is hereby authorized and directed to attest, the final form of the Lease Agreement
for and in the name of the City. The Council hereby authorizes the delivery and
performance of the Lease Agreement.
Section 6. Approval of Escrow Agreement. The Council hereby approves an
escrow deposit and trust agreement, by and among the Authority, the City and U.S.
Bank National Association, as escrow bank, relating to the refunding of the outstanding
1999 Bonds (the "1999 Escrow Agreement"), in the form on file with the City Clerk,
together with any changes therein or additions thereto deemed advisable by any
Designated Officer, whose execution thereof shall be conclusive evidence of the
approval of any such changes or additions. The Designated Officers, each acting alone,
are hereby authorized and directed for and in the name and on behalf of the City to
execute, and the City Clerk, or any deputy or assistant City Clerk, is hereby authorized
and directed to attest, the final form of the 1999 Escrow Agreement for and in the name
of the City. The Council hereby authorizes the delivery and performance of the 1999
Escrow Agreement.
Section 7. Approval of Termination Agreement. The Council hereby approves a
termination agreement, by and among the City, the Authority and U.S. Bank National
.Association, providing for the termination of the recorded documents relating to the
1999 Bonds (the "1999 Termination Agreement"), in the form on file with the City Clerk,
together with any changes therein or additions thereto deemed advisable by any
Designated Officer, whose execution thereof shall be conclusive evidence of the
approval of any such changes or additions. The Designated Officers, each acting alone,
are hereby authorized and directed for and in the name and on behalf of the City to
execute, and the City Clerk, or any deputy or assistant City Clerk, is hereby authorized
and directed to attest, the final form of the 1999 Termination Agreement for and in the
name of the City. The Council hereby authorizes the delivery and performance of the
1999 Termination Agreement.
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Section 8. Sale of the Bonds. The Cauncil hereby approves the sale of the
Bonds by the Authority to the Underwriters pursuant to the Bond Purchase Agreement
in the form on file with the Secretary, together with such additions thereto and changes
therein as a Designated Officer shall deem necessary, desirable or appropriate, the
execution of which by the Authority shall be conclusive evidence of the approval of any
such additions and changes. The Designated Officers, each acting alone, are hereby
authorized and directed to execute the final form of the Bond Purchase Agreement for
and in the name and on behalf of the Authority upon the submission of an offer by the
Underwriters to purchase the Bonds, which offer is acceptable to a Designated Officer
and consistent with the requirements of this Resolution, so long as net present value
savings of the City's lease payment obligation with respect to the refunding portion of
the Bonds, as compared to the City's lease payment obligation with respect to the 1999
Bonds, is at least 3%, and so long as the Underwriters' discount does not exceed .59%
of the principal amount of the Bonds, exclusive of any original issue discount which
does not represent compensation to the Underwriters.
Section 9. Official Statement. The Council hereby approves, and hereby deems
nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934
(the "Rule"), the preliminary official statement describing the Bonds (the "Preliminary
Official Statement") in the form on file with the City Clerk. The Designated Officers, each
acting alone, are hereby authorized and directed to execute an appropriate certificate
stating the City's determination that the Preliminary Official Statement is nearly final
within the meaning of the Rule. Distribution of 'the Preliminary Official Statement in
connection with the sale of the Bonds is hereby approved. The Designated Officers,
each acting alone, are hereby authorized and directed to approve .any nonsubstantive
changes in or additions to a final form of official statement (the "Final Official
Statement"), and the execution thereof by any Designated Officer shall be conclusive
evidence of approval of any such changes and additions. The Council hereby
authorizes the distribution of the Final Official Statement by the Underwriters. The Final
Official Statement shall be executed in the name and on behalf of the City by any
Designated Officer.
Section 10. Official Actions. The Mayor, the Mayor Pro Tem, the City Manager,
the Assistant City Manager/Administrative and Community Services, the City Clerk and
all other officers of the City are each authorized and directed in the name and on behalf
of the City to make any and all assignments, certificates, requisitions, agreements,
notices, consents, instruments of conveyance, warrants and other documents, which
they or any of them might deem necessary or appropriate in order to consummate any
of the transactions contemplated by the documents approved pursuant to this
Resolution. Whenever in this Resolution any officer of the City is authorized to execute
or countersign any document or take any action, such execution, countersigning or
action may be taken on behalf of such officer by any person designated by such officer
to act on his or her behalf in the case such officer shall be absent or unavailable.
Section 11. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
4
Section 12. Certification. The City Clerk shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 1St day of June, 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
5
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 1St day of June, 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 1St day of June, 2010.
Maria Quinonez, City Clerk
h
RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS TO
FINANCE AND REFINANCE CAPITAL IMP12OVEMENTS FOR THE CITY OF
LYNWOOD INCLUDING TO REFUND, ON A CURRENT BASIS, THE OUTSTANDING
LYNWOOD PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES
1999, APPROVING THE FORM AND AUTHORIZING EXECUTION OF RELATED
DOCUMENTS AND APPROVING OFFICIAL ACTIONS
WHEREAS, the Authority has heretofore issued its $3,760,000 Lynwood Public
Financing Authority Lease Revenue Bonds, Series 1999, all of which remains
outstanding (the "1999 Bonds"); and
WHEREAS, the proceeds of the 1999 Bonds were used to finance the costs of
the acquisition, construction, installation and equipping of certain public capital .-
improvements for the City of Lynwood (the "City")(the "1999 Project"); and
WHEREAS, the City, working together with the Authority, proposes to undertake
the refinancing of the 1999 Project, including the refunding of the 1999 Bonds, and the
financing of certain new capital improvements for the City (the "2010 Project"); and
WHEREAS, for such purposes, the Authority has determined to issue its
Lynwood Public Financing Authority Lease Revenue Bonds, 2010 Series A (Civic
Center Improvement Project), in the aggregate principal amount of not to exceed
$9,000,000 (the "Bonds"); and
WHEREAS, the Bonds will be issued under the provisions of Article 4
(commencing with section 6584) of the Act (the "Bond Law") and an indenture of trust
(the "Indenture"), by and between the Authority and U.S. Bank National Association, as
trustee; and
WHEREAS, in order to provide for the repayment of the Bonds, the City will
lease its City Yard (the "Property") to the Authority and the Authority will lease the
Property back to the City pursuant to a lease agreement (the "Lease Agreement") under
which the City will agree to make lease payments to the Authority from moneys in its
General Fund and the City will budget and appropriate sufficient amounts in each year
to pay the full amount of principal of and interest on the Bonds; and
WHEREAS, as required pursuant to section 6586.5(a) of the California
Government Code, a public hearing has been held by the City Council of the City in
connection with the financing; and
WHEREAS, the firms of Wedbush Securities, Inc. and Southwest Securities, Inc.
(the "Underwriters") have proposed to purchase and underwrite the Bonds and has
presented to the Authority a form of bond purchase agreement for the Bonds, to be
entered into among the Authority, the City and the Underwriters (the "Bond Purchase
Agreement"); and
WHEREAS, a proposed form of official statement (the "Official Statement")
describing the Bonds, to be used in connection with the marketing of the Bonds by the
Underwriters, has been prepared and has been presented to the Authority; and
WHEREAS, the Board has duly considered such transactions and wishes at this
time to approve said transactions in the public interests of the Authority.
NOW, THEREFORE, THE LYNWOOD PUBLIC FINANCING AUTHORITY OF
THE CITY OF LYNWOOD, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings. The Board hereby finds that significant public benefits will
arise from the financing in accordance with section 6586 of the California Government
Code in that the financing will result in demonstrable savings in effective interest rates,
bond preparation, bond underwriting and bond issuance costs to finance the 2010
Project.
Section 2. Issuance of Bonds; Approval of Indenture. The Board hereby
authorizes the issuance of the Bonds under and pursuant to the Bond Law and the
Indenture, for the purpose of providing funds to refinance the 1999 Project, to refund the
1999 Bonds and to finance the 2010 Project. The Authority hereby approves the
Indenture, in the form on file with the Secretary, together with any changes therein or
additions thereto approved by the Chair, the Chief Administrative Officer or the
Treasurer of the Authority (the "Designated Officers"), whose execution thereof shall be
conclusive evidence of such approval. The Designated Officers, each acting alone, are
hereby authorized and directed for and in the name and on behalf of the Authority to
execute, and the Secretary is hereby authorized and directed to attest, the final form of
the Indenture for and in the name of the Authority. The Authority hereby authorizes the
delivery and performance of the Indenture.
Section 3. Approval of Site and Facility Lease. The Board hereby approves a
site and facility lease, by and between the City and the Authority (the "Site and Facility
Lease"), pursuant to which the City will lease the Property to the Authority, to be leased
back to the City pursuant to the Lease Agreement, in the form on file with the Secretary,
together with any changes therein or additions thereto deemed advisable by any
Designated Officer, whose execution thereof shall be conclusive evidence of such
approval. The Designated Officers, each acting alone, are hereby authorized and
directed for and in the name and on behalf of the Authority to execute, and the
Secretary, or any deputy or assistant Secretary, is hereby authorized and directed to
attest, the final form of the Site and Facility Lease for and in the name of the Authority.
The Authority hereby authorizes the delivery and performance of the Site and Facility
Lease.
2
Section 4. Approval of Lease Agreement. The Board hereby approves the Lease
Agreement, in the form on file with the Secretary, together with any changes therein or
additions thereto deemed advisable by any Designated Officer, whose execution thereof
shall be conclusive evidence of such approval. The Designated Officers, each acting
alone, are hereby authorized and directed for and in the name and on behalf of the
Authority to execute, and the Secretary, or any deputy or assistant Secretary, is hereby
authorized and directed to attest, the final form of the Lease Agreement for and in the
name of the Authority. The Authority hereby authorizes the delivery and performance of
the Lease Agreement.
Section 5. Approval of Escrow Agreement. The Board hereby approves an
escrow deposit and trust agreement, by and among the Authority, the City and U.S.
Bank National Association, as escrow bank, relating to the refunding of the 1999 Bonds
(the "1999 Escrow Agreement"), in the form on file with the Secretary, together with any
changes therein or additions thereto deemed advisable by any Designated Officer,
whose execution thereof shall be conclusive evidence of the approval of any such
changes or additions. The Designated Officers, .each acting alone, are hereby
authorized and directed for and in the name and on behalf of the Authority to execute,
and the Secretary, or any deputy or assistant Secretary, is hereby authorized and
directed to attest, the final form of the 1999 Escrow Agreement for and in the name of
the Authority. The Board hereby authorizes the delivery and performance of the 1999
Escrow Agreement.
Section 6. Approval of Termination Agreement. The Board hereby approves a
termination agreement, by and among the City, the Authority and U.S. Bank National
Association, providing for the termination of the recorded documents relating to the
1999 Bonds (the "1999 Termination Agreement"), in the form on file with the Secretary,
together with any changes therein or additions thereto deemed advisable by any
Designated Officer, whose execution thereof shall be conclusive evidence of the
approval of any such changes or additions. The Designated Officers, each acting alone,
are hereby authorized and directed for and in the name and on behalf of the Authority to
execute, and the Secretary, or any deputy or assistant Secretary, is hereby authorized
and directed to attest, the final form of the 1999 Termination Agreement for and in the
name of the Authority. The Board hereby authorizes the delivery and performance of the
1999 Termination Agreement.
Section 7: Sale of the Bonds. The Board hereby approves the sale of the Bonds.
by the Authority to the Underwriters pursuant to the Bond Purchase Agreement in the
form on file with the Secretary, together with such additions thereto and changes therein
as a Designated Officer shall deem necessary, desirable or appropriate, the execution
of which by the Authority shall be conclusive evidence of the approval of any such
additions and changes. The Designated Officers, each acting alone, are hereby
authorized and directed to execute the final form of the Bond Purchase Agreement for
and in the name and on behalf of the Authority upon the submission of an offer by the
Underwriters to purchase, the Bonds, which offer is acceptable to a Designated Officer
and consistent with the requirements of this Resolution, so long as net present value
3
savings of the City's lease payment obligation with respect to the refunding portion of
the Bonds, as compared to the City's lease payment obligation with respect to the 1999
Bonds, is at least 3%, and so long as the Underwriters' discount does not exceed .59%
of the principal amount of the Bonds, exclusive of any original issue discount which
does not represent compensation to the Underwriters.
Section 8. Official Statement. The Board hereby approves, and hereby deems
nearly final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934
(the "Rule"), the preliminary official statement describing the Bonds (the "Preliminary
Official Statement"), in the form on file with the Secretary. The Designated Officers,
each acting alone, are hereby authorized and directed to execute an appropriate
certificate stating the Authority's determination that the Preliminary Official Statement is
nearly final within the meaning of the Rule. Distribution of the Preliminary Official
Statement in connection with the sale of the Bonds is hereby approved. The Designated
Officers, each acting alone, are hereby authorized and directed to approve any changes
in or additions to a final form of official statement (the "Final Official Statement"), and the
execution thereof by any Designated Officer shall be conclusive evidence of approval of
any such changes and additions. The Authority hereby authorizes the distribution of the
Final Official Statement by the Underwriters. The Final Official Statement shall be
executed in the name and on behalf of the Authority by any Designated Officer.
Section 9. Official Actions. The Chair, the Vice Chair, the Chief Administrative
Officer, the Treasurer, the Secretary and all other officers of the Authority are each
authorized and directed in the name and on behalf of the Authority to make any and all
assignments, certificates, requisitions, agreements, notices, consents, instruments of
conveyance, warrants and other documents, which they or any of them might deem
necessary or appropriate in order to consummate any of the transactions contemplated
by the documents approved pursuant to this Resolution. Whenever in this Resolution
any officer of the Authority is authorized to execute or countersign any document or take
any action, such execution, countersigning, attesting or action may be taken on behalf
of such officer by any person designated by such officer to act on his or her behalf in the
case such officer shall be absent or unavailable.
Section 10. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
Section 11. Certification. The Secretary shall certify as to the adoption of this
Resolution.
4
PASSED, APPROVED and ADOPTED this 1St day of .9urae, 20'90.
Maria T. Santillan, Chair
ATTEST:
Maria Quinonez, Secretary
Roger L. Haley, Chief Administrative Officer
APPROVED AS TO FORM:
Fred Galante, Authority Counsel
APPROVED AS TO CONTENT:
Robert S. Torrez, Assistant City Manager-
Admin & Community Services
5
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 Board of Directors
of the Lynwood Public Financing Authority at a regular meeting held on the 1St day of
June, 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 1St day of June, 2010.
Maria Quinonez, Secretary
6
RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING
THE CONVEYANCE OF CERTAIN PROPERTY TO THE CITY OF LYNWOOD AND
APPROVING OFFICIAL ACTIONS
WHEREAS, the Lynwood Public Financing Authority (the "Authority") has
heretofore issued. its $3,760,000 Lynwood Public Financing Authority Lease Revenue
Bonds, Series 1999, the total amount of which remains outstanding (the "1999 Bonds");
and
WHEREAS, the proceeds of the 1999 Bonds were used to finance the costs of
the acquisition, construction, installation and equipping of certain public capital
improvements for the City of Lynwood (the "City") (the "1999 Project"); and
WHEREAS, the City, working together with the Authority, proposes to undertake
the refinancing of the 1999 Project, including the refunding of the 1999 Bonds, and the
financing of certain new capital improvements for the City (collectively, the "2010
Project"); and
WHEREAS, for such purposes, the Authority has determined to issue its
Lynwood Public Financing Authority Lease Revenue Bonds, 2010 Series A (Civic
Center Improvement Project), in the aggregate principal amount of not to exceed
$9,000,000 (the "Bonds"); and
WHEREAS, the Bonds will be issued under the provisions of Article 4
(commencing with section 6584) of the Act and an indenture of trust, by and between
the Authority and U.S. Bank National Association, as trustee; and
WHEREAS, in order to provide for the repayment of the Bonds, the City will
lease its City Yard (the "Property") to the Authority and the Authority will lease the
Property back to the City pursuant to a lease agreement under which the City will agree
to make lease payments to the Authority from moneys in its General Fund and the City
will budget and appropriate sufficient amounts in each year to pay the full amount of
principal of and interest on the Bonds; and
WHEREAS, the Property is currently owned by the Agency; and
WHEREAS, the Agency has agreed to convey the Property to the City and the
City has agreed to accept such conveyance.
NOW, THEREFORE, THE LYNWOOD REDEVLOPMENT AGENCY DOES _
HEREBY RESOLVE AS FOLLOWS:
Section 1. Approval of Conveyance of Property. The Agency hereby approves
the conveyance of the Property to the City. The Chair or the Executive Director are
hereby authorized and directed for and in the name and on behalf of the Agency to
execute a grant deed in the form on file with the Secretary, together with any changes
therein or additions thereto deemed advisable by any such officer, whose execution
thereof shall be conclusive evidence of the approval of any such changes or additions.
The Agency hereby authorizes the delivery and performance of such grant deed.
Section 2. Official Actions. The Chair, the Executive Director, the Secretary and
all other officers of the Agency are each authorized and directed in the name and on
behalf of the Agency to make any and all assignments, certificates, requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the documents approved
pursuant to this Resolution. Whenever in this Resolution any officer of the Agency is
authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person
designated by such officer to act on his or her behalf in the case such officer shall be
absent or unavailable.
Section 3. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
Section 4. Certification. The Secretary shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 15t day of June, 2010.
Maria T. Santillan, Chair
ATTEST:
Maria Quinonez, Secretary Roger L. Haley, Executive Director
2
APPROVE® AS TO FORM:
Fred Galante, Agency Counsel
APfPROVE® AS YO COBVTENT:
Robert S. Torrez, Assistant City Manager-
Admin & Community Services
3
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify
that the foregoing Resolution was passed and adopted by the Lynwood Redevelopment
Agency at a regular meeting held on the 1St day of June, 2010
AYES
NOES
ABSENT
ABSTAIN
Maria Quinonez, Secretary
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, 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 1St day of June, 2010.
Maria Quinonez, Secretary
4
~~~
=``~~ ~~~~~~- AGENDA STAFF REPORT
~~; '~~
~,9 ~~At ~, ~f
DATE: June 01, 2010
TO: Honorable Chair and Members of the Redevelopment
Agency
APPROVED BY: Roger L. Haley, Executive Director~'~
PREPARED BY: Maria Quinonez, Secretary
Kristina Santana, Deputy City Cle k
SUBJECT: Lynwood Redevelopment Agency Minutes
Recommendation:
Staff recommends that the Lynwood Redevelopment Agency approve the
following minutes:
• Regular Meeting -March 16, 2010
• Regular Meeting -April 6, 2010
• Regular Meeting -April 20, 2010
• Regular Meeting -May 4, 2010
Background: N/A
Discussion 8~ Analysis: N/A
Fiscal Impact: N/A
Coordinated With: N/A
AGENDA
ITEM
_.._...
LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
March 16, 2010
The Lynwood Redevelopment Agency of the City of Lynwood met in a regular meeting
in Bateman Hall, Room 2, 11331 Ernestine Avenue on the above date at 5:24 p.m.
Chairman Santillan presiding.
Members Morton, Rodriguez, Castro and Santillan were present.
Member Flores was absent.
Also present were Executive Director Haley, Agency Counsel Galante, Secretary
Quinonez and Treasurer Alatorre.
Secretary Quinonez announced that the Agenda had been posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
PUBLIC HEARING
Item #1. JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE
FUND, L.P., AND ACCEPTANCE OF THE 33433 SUMMARY REPORT
It was moved by Vice Chair Castro, seconded by Member Rodriguez to vote on this
item together with the Lynwood City Council Item #8.
Irene Garcia stated she is against the item and she wants existing housing to be
rehabilitated instead of creating more congestion. Kim Battle stated that she has been a
resident of Lynwood for 35 years and is against putting 99 units in that location because
it will create too much congestion.
Joe Battle stated he is against this item. He stated that the proposed housing would
create an impact on the traffic plan and create an increase in crime. He stated that no
new jobs would be created and this project will negatively impact the surrounding
community.
Liz Battle stated that she is against the item because it will create traffic congestion.
She asked Council to conduct a real traffic study, talk to the community, and think about
adding retail in order to create jobs. She asked Council to take their time and do this
right for the current residents and the future residents of Lynwood.
It was moved by Vice Chair Castro, seconded by Chair Santillan to close the public
hearing.
Executive Director Roger Haley introduced the item regarding a joint public hearing to
consider the approval of a disposition and development agreement between the
Lynwood Redevelopment Agency and Amcal Park Place Fund, L.P., and acceptance of
the 33433 Summary Report.
Lynwood Redevelopment Director Sarah Withers made a presentation.
It was moved by Vice Chair Castro, seconded by Member Rodriguez, to approve staff's
recommendation, with the correction to the resolution as stated by Agency Counsel
Fred Galante: "Approved as to form by agency counsel".
AYES: MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: MEMBER FLORES
CONSENT CALENDAR
It was moved by Vice Chair Castro, seconded by Member Rodriguez, to approve the
consent calendar and to receive and file staff reports.
AYES: MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: MEMBER FLORES
Item #2. MINUTES OF THE PREVIOUS MEETINGS
Regular Meeting of February 2, 2010
Item #3. RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE
DEMANDS AND WARRANTS.
RESOLUTION NO. 2010.012 ENTITLED:
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
2
Item #4. City Attorney Fred Galante pulled Item #4 - AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY, JOINT ESCROW
INSTRUCTIONS FOR 12225 ATLANTIC AVENUE AND
AUTHORIZATION FOR THE USE OF LOW AND MODERATE INCOME
HOUSING FUNDS FROM THE ALAMEDA PROJECT AREA
Agency Counsel stated that Agency staff has reported no indication of contamination on
the property and his suggestion is to remove the provision.
After discussion by the Board, it was moved by Vice Chair Castro, seconded by Chair
Santillan to approve staff recommendation with the Agency Counsel's
recommendation.
AYES: MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: MEMBER FLORES
RESOLUTION NO. 2010.012 ENTITLED:
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF
LYNWOOD AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW
INSTRUCTIONS FOR 12225 ATLANTIC AVENUE
CLOSED SESSION
Agency Counsel Fred Galante stated that there was no need to hold discussion
as to the Redevelopment Agency Closed Session Item.
Item #5. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED
IN CLOSED SESSION PURSUANT TO SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: APN #6174-008-901
Muriel Drive and Thorson Avenue
Agency Negotiator: Roger Haley, Executive Director; Fred Galante, Legal Counsel
Negotiating Party: Javier Barajas/JB Construction
Under Negotiation: Price and terms
3
ADJOURNMENT
Having no further discussion, it was moved by Vice Chair Castro, seconded by Member
Rodriguez and carried to adjourn the regular Lynwood Redevelopment Agency meeting
at 9:27 p.m.
Maria Santillan, Chair Maria Quinonez, Secretary
4
LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
April 6, 2010
The Lynwood Redevelopment Agency of the City of Lynwood met in a regular meeting
in Bateman Hall, Room 2, 11331 Ernestine Avenue on the above date at 5:41 p.m.
Chairman Santillan presiding.
Members Flores, Morton, Rodriguez, Castro and Santillan were present.
Also present were Executive Director Haley, Agency Counsel Galante, and Secretary
Quinonez.
City Treasurer Alatorre was absent.
Secretary Quinonez announced that the Agenda had been posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
CONSENT CALENDAR
It was moved by Council Member Morton, seconded by Vice Chair Castro, to approve
the consent calendar and to receive and file staff reports.
AYES: MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #1. MINUTES OF PREVIOUS MEETINGS
Regular Meeting of February 16, 2010
Item #2. RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE
DEMANDS AND WARRANTS.
RESOLUTION 2010.014 ENTITLED:
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
CLOSED SESSION
Item #3. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED
IN CLOSED SESSION PURSUANT TO SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: APN #6169-002-904
Vacant Land
Agency Negotiator: Roger Haley, Executive Director; Fred Galante, Legal Counsel
Negotiating Party: Redevelopment Agency
Under Negotiation: Price and terms
Held a discussion, no reportable action was taken.
Item #4. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED
IN CLOSED SESSION PURSUANT TO SECTION 54956.8
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a)
Name of Case: Lynwood Redevelopment Agency vs. Angeles Field Partners, LLC,
et al.
Case No. BC379877
Member Rodriguez and Chair Santillan abstained and left the closed session
room. The rest of the board held a discussion, no reportable action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Flores seconded by
Council Member Rodriguez and carried to adjourn the regular Lynwood Redevelopment
Agency meeting at 8:21 p.m.
Maria Santillan, Chair
Maria Quinonez, Secretary
2
LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
April 20, 2010
The Lynwood Redevelopment Agency of the City of Lynwood met in a regular meeting
in Bateman Hall, Room 2, 11331 Ernestine Avenue on the above date at 5:31 p.m.
Chairman Santillan presiding.
Members Flores, Morton, Rodriguez, Castro and Santillan were present.
Also present were Executive Director Haley, Agency Counsel Galante, Secretary
Quinonez and Treasurer Alatorre.
Secretary Quinonez announced that the Agenda had been posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
PUBLIC HEARING
Item #1. JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND
HERMILO FRANCO AND ACCEPTANCE OF A 33433 SUMMARY
REPORT IN CONNECTION THEREWITH
It was moved by Vice Chair Castro, seconded by Member Rodriguez, to vote jointly on
Lynwood Redevelopment Item #1 and City Council Item #8.
It was moved by Vice Chair Castro, seconded by Member Rodriguez, to open the public
hearing.
It was moved by Vice Chair Castro, seconded by Member Flores, to close the public
hearing.
It was moved by Member Rodriguez, seconded by Vice Chair Tem Castro, to approve
staff recommendation.
RESOLUTION NO. 2010.015 ENTITLED:
A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD (1) APPROVING THE
FERNWOOD ESTATES SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND HERMILO
FRANCO AND (2) ACCEPTING THE 33433 SUMMARY REPORT
CONSENT CALENDAR
It was moved by Council Member Rodriguez, seconded by Council ,Member Flores, to
approve the consent calendar and to receive and file staff reports.
AYES: MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #2 MINUTES OF PREVIOUS MEETINGS
Regular Meeting of March 2, 2010
Item #3. RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS
AND WARRANTS.
RESOLUTION NO. 2010.016 ENTITLED:
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
CLOSED SESSION
City Attorney Fred Galante stated that there is an item on the City Council Agenda
under closed session negotiations with the Charles Company and that should also show
up on the Redevelopment Agency agenda. He recommended that the Redevelopment.
Agency make a motion to add this item to the closed session.
It was moved by Council Member Morton, seconded by Council Member Rodriguez, to
add the Charles Company item from the City Council Agenda, to the LRA closed
session agenda.
AYES: MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND
SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #4. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED
IN CLOSED SESSION PURSUANT TO SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: APN #6174-008-901
Muriel Drive and Thorson Avenue
Agency Negotiator: Roger Haley, Executive Director; Fred Galante, Legal Counsel
Negotiating Party: Javier Barajas/JB Construction
Under Negotiation: Price and terms
Provided direction, no reportable action was taken.
Item #4a. WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED
IN CLOSED SESSION PURSUANT TO SECTION 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: 11200 Long Beach Boulevard
Negotiator: Roger L. Haley, City Manager Fred Galante, City Attorey
Negotiating Parties: Charles Company
Under negotiation: Price and terms
Provided direction, no reportable action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Flores, seconded by
Council Member Rodriguez and carried to adjourn the regular Lynwood Redevelopment
Agency meeting at 7:14 p.m.
Maria Santillan, Chair
Maria Quinonez, Secretary
3
LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
May 4, 2010
The Lynwood Redevelopment Agency of the City of Lynwood met in a regular meeting
in Bateman Hall, Room 2, 11331 Ernestine Avenue on the above date at 5:30 p.m.
Chairman Santillan presiding.
Members Flores, Morton, Rodriguez and Santillan were present.
Member Castro was absent.
Also present were Executive Director Haley, Agency Counsel Galante, Secretary
Quinonez and Treasurer Alatorre.
Secretary Quinonez announced that the Agenda had been posted in accordance with
the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
City Treasurer Sal Alatorre stated that he has authorized all the warrants on the
Lynwood Redevelopment Warrant Run but check #9013 is pending on spending
clarification of charges.
CONSENT CALENDAR
It was moved by Council Member Flores, seconded by Council Member Rodriguez, to
approve the consent calendar and to receive and file staff reports.
City Attorney Fred Galante stated, as a point of clarification, that Item #5 is a joint item
for the LRA and the City Council agenda and there is a correction needed on the
promissory note. He stated that he could read the correction into the record and if any
council member wanted to pull it separately, that would be fine. He stated that the
terms of the note are a little different from what is on the agenda and the first payment
should read that it will begin on July 1, 2011 and then continue until June 30, 2014. He
stated that the rest of the wording in the promissory note is appropriate. He concluded
that unless there were any questions, Council could simply approve with the consent
items and also, for the record he stated that Item #2 is a joint item.
It was moved by Council Member Morton, seconded by Council Member Rodriguez, to
approve the consent calendar with the changes as described by City Attorney Fred
Galante, and to receive and file staff reports.
AYES: MEMBERS FLORES,
NOES: NONE
ABSTAIN: NONE
ABSENT: MEMBER CASTRO
MORTON, RODRIGUEZ AND SANTILLAN
Item #1. Member Rodriguez pulled Item #1 -RESOLUTION OF THE LYNWOOD
REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA, ALLOWING
AND APPROVING THE DEMANDS AND WARRANTS.
After discussion by the Board, it was moved by Member Rodriguez, seconded by
Member Morton to approve staff recommendation.
RESOLUTION NO. 2010.017 ENTITLED:
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
AYES: MEMBERS FLORES,
NOES: NONE
ABSTAIN: NONE
ABSENT: MEMBER CASTRO
MORTON, RODRIGUEZ AND SANTILLAN
Item #2. APPROVAL TO REIMBURSE THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FOR BROWNFIELD ECONOMIC
DEVELOPMENT INITIATIVE (BEDI) GRANT FUNDS PREMATURELY
SPENT AND REIMBURSE THE LYNWOOD REDEVELOPMENT
AGENCY (LRA) FOR COSTS SPENT ON BEHALF OF THE SECTION
108 LOAN
RESOLUTION NO. 2010.018 ENTITLED:
A JOINT RESOLUTION OF THE LYNWOOD CITY COUNCIL AND LYNWOOD
REDEVELOPMENT AGENCY (LRA) APPROVING THE REIMBURSEMENT OF
$362,530 BEDI GRANT FUNDS FROM THE LRA BUDGET TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD); AND REIMBURSEMENT IN THE
AMOUNT OF $2,592,000 FROM THE SECTION 108 LOAN ACCOUNT TO THE
LYNWOOD REDEVELOPMENT AGENCY BUDGET AND INCREASE
APPROPRIATIONS BY $362,530
Item #3. STATE OF CALIFORNIA'S PROPOSED TAKING OF CITY AND
REDEVELOPMENT FUNDS REQUIRED UNDER AB 26 4X,
STATE LEGISLATION TO REMIT THE STATE'S SUPPLEMENTAL
REVENUE AUGMENTATION FUDS (SERAF) THE AMOUNT OF
$1,993.342 FOR FY 2009-10
RESOLUTION NO. 2010.019 ENTITLED:
A JOINT RESOLUTION OF THE CITY AND REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD AUTHORIZING THE REDEVELOPMENT AGENCY TO REMIT
TO THE STATE'S SUPPLEMENTAL REVENUE AUGMENTATION FUNDS (SERAF)
IN THE MANDATED AMOUNT OF $1,993,341 FOR FY 2009-10 AND
APPROPRIATING THE FUNDS INTO THE AGENCY BUDGET TO ENABLE THE
PAYMENT
Item #4. APPROVAL OF AN AGREEMENT WITH THE DEPARTMENT OF TOXIC
SUBSTANCES CONTROL TO OVERSEE THE ASSESSMENT AND
OVERSIGHT OF THE ALAMEDA TRIANGLE AND IMPERIAL HIGHWAY
REMEDIATION AND OTHER PROPERTIES, AS DESIGNATED BY THE
AGENCY
RESOLUTION NO. 2010.020 ENTITLED:
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD TO APPROVE AN AGREEMENT WITH THE DEPARTMENT
OF TOXIC SUBSTANCES CONTROL TO OVERSEE THE ASSESSMENT AND
OVERSIGHT OF PROPERTIES WITHIN THE CITY OF LYNWOOD
Item #5. REQUEST FOR CITY LOAN TO REDEVELOPMENT PROJECT AREA
«A„
RESOLUTION NO. 2010.021 ENTITLED:
A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AND THE
CITY OF LYNWOOD APPROVING THE AGREEMENT AND NOTE BY AND
BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD REDVELOPMENT
AGENCY FOR A CITY LOAN FROM THE WATER FUND IN THE AMOUNT OF
$1,950,000 FOR PURSUING DEVELOPMENT OPPORTUNIES THAT WILL
CONTRIBUTE TO THE ELIMINATION OF BLIGHT IN THE LYNWOOD
REDEVELOPMENT PROJECT AREA A AND INCREASE APPROPRIATIONS AS
NEEDED IN THE PUBLIC WATER DEPARTMENT/WATER FUND TO ENABLE THE
TRANSFER
Item #6. TREASURER'S QUARTERLY INVESTMENT REPORT
Report received and filed.
CLOSED SESSION
NONE
ADJOURNMENT
Having no further discussion, it was moved by Member Flores, seconded by Member
Rodriguez and carried to adjourn the regular Lynwood Redevelopment Agency meeting
at 5:40 p.m.
Maria Santillan, Chair
Maria Quinonez, Secretary
r"~~.
flYtiwGr
'r~ q~`,~ AGENDA STAFF REPORT
~ ~~~, ~
,~
~~~,~~_~
DATE: June 1, 2010
TO: Honorable Chairperson and Members of the Agency Board
APPROVED BY: Roger L. Haley, Executive Directo
PREPARED BY: Robert S. Torrez, Assistant City Manager -Administrative &
Community Services
Lilly Hampton, Accounting Technician
SUBJECT: Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Agency Chairperson and Board Members
approve the warrant register for Fiscal Year 2009-2010.
Attached Warrant Register dated June 1, 2010--------------
AGENDA
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$~'~M AGENDA STAFF REPORT
DATE: June 1, 2010
TO: Honorable Chair and Members of the Agency
APPROVED BY: Roger L. Haley, Executive Director
PREPARED BY: Sarah M. Withers, Director of Redevelopment
Olivia L. Segura, Deputy Director of Redevelop nt (~`~
SUBJECT: APPROVAL OF AN AGREEMENT TO PROVIDE
ARCHITECTURAL AND LAND USE RELATED SERVICES
FOR THE LYNWOOD REDEVELOPMENT AGENCY
Recommendation:
Staff recommends that the Agency adopt the attached resolution entitled: "A
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
CITY OF LYNWOOD APPROVING THE AGREEMENT BETWEEN CPAC
ARCHITECTS AND THE LYNWOOD REDEVELOPMENT AGENCY FOR ON-
CALL ARCHITECTURAL AND LAND USE RELATED SERVICES NOT TO
EXCEED $100,000.
Background:
On January 20, 2010 the City of Lynwood advertised fora Statement of
Qualifications (SOQ) submittal for on-call Engineering and Architectural Services
and twenty-two (22) consulting firms submitted SOQ's. On April 20, 2010 the
Lynwood City Council approved the selection of eight (8) of the most qualified
consulting firms for on-call Engineering and Architectural Services through
resolution No. 2010.076 for a period of three (3) years. Said approval is without
obligation to use any or all of the firms so approved. CPAC Architects is one of
the approved firms.
Discussion & Analysis:
The Lynwood Redevelopment Agency has several current and upcoming
projects that require architectural and land use expertise. To address the need
of professional services in the most cost effective manner staff recommends that
AGENDA
ITEM
the Agency consider a contract with CPAC Architects on an on-call basis to
provide architectural and land use services. CPAC has been pre-approved by
the City to provide professional services through resolution 2010.076 which
required a SOQ submittal and a selection process. CPAC would work under the
supervision of Agency staff to provide architectural design and review as well as
land use services for current and future projects. More specifically CPAC will
provide master planning and design for any and all prospective tenants and all
site coordination with the Redevelopment Agency for sites adjacent to the N-105
and Alameda Triangle, in Lynwood, California per the Agency's needs form June
1, 2010 to June 30, 2011. Additionally, CPAC will provide "on-call" design
consultation services as per the Agency's guide lines and direction for any and all
consultation needs, facade re-designs, area studies etc. consistent with the
Agency's goals in all areas of the City for the same time period. The not to
exceed contract amount recommended is $100,000.
Fiscal Impact:
The fiscal impact on FY 09-10 budget is $10,000 and on FY 10-11 is $90,000 for
a grand total of $100,000.
Coordinated With:
Agency Counsel
Finance Department
Attachments:
Resolution
Resolution No. 2010.076
Consultant Services Agreement
2
RESOLUTION NO.
'~A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE
',CITY OF LYNWOOD APPROVING THE AGREEMENT BETWEEN CPAC
',ARCHITECTS AND THE LYNWOOD REDEVELOPMENT AGENCY FOR ON-
~,CALL ARCHITECTURAL AND LAND USE RELATED SERVICES NOT TO
(EXCEED $100,000
WHEREAS, the Lynwood Redevelopment Agency (the "Agency") has
!identified various current and future projects that require architectural and land
',use related services; and
WHEREAS, CPAC Architects submitted a statement of qualifications
~,(SOQ) per the City's SOQ process as advertised in January 2010; and
' WHEREAS, CPAC Architects was selected as a pre-approved
architectural firm for on-call professional services per Resolution 2010.076; and
WHEREAS, Agency staff has identified the need for architectural services
(,for a time period of June 1, 2010 to June 30, 2011 and had determined a budget
'for these services not to exceed $100,000.
NOW, THEREFORE, THE AGENCY BOARD DOES HEREBY
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. That the Lynwood Redevelopment Agency authorizes the
'selection of CPAC Architects to provide architectural and land use professional
services for current and #uture projects of the Agency under the supervision of
Redevelopment Department staff. More specifically CPAC will provide master
'planning and design for any and all prospective tenants and all site coordination
with the Redevelopment Agency for sites adjacent to the N-105 and Alameda
Triangle, in Lynwood, California per the Agency's needs form June 1, 2010 to
June 30, 2011. Additionally, CPAC will provide "on-call" design consultation
'services as per the Agency's guide lines and direction for any and all consultation
;needs, fagade re-designs, area studies etc. consistent with the Agency's goals in
all areas of the City for the same time period. The not to exceed contract amount
recommended is $100,000.
Section 2. That the Lynwood Redevelopment Agency authorizes the
Chairperson or her designee to execute an agreement with CPAC Architects in
the amount $100,000, in a form approved by the Agency Counsel. The
agreement will not exceed $100,000 for the period of June 1, 2010 to June 30,
2011.
Section 3. That this resolution is subject to approval as to form by
Agency Counsel and shall take effect immediately upon approval by majority vote
of the members of the Agency.
PASSED, APPROVED, AND ADOPTED THIS 1St day of June 2010.
Maria T. Santillan
Chair
ATTEST:
Maria Quinonez
Secretary
Roger L. Haley
Executive Director
APPROVED AS TO FORM
Fred Galante
Agency Counsel
APPROVED AS TO CONTENT:
Sarah M. Withers
Director of Redevelopment
2
RESOLUTION NO. 2010.076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE SELECTED ARCHITECTURAL FIRMS FOR THE ON-CALLiDESIGN SERVICES
FOR THE CIVIC CENTER IMPROVEMENT PROJECT" -AND -~FUTl1ktE'='CITY
PROJECTS FOR A PERIOD OF THREE (3) YEARS;
WHEREAS, on January 2010, the City of Lynwood advertised for Statement of
Qualifications (SOQ) submittal for On-call Engineering and Architectural Services; and
WHEREAS, twenty two (22) Architectural consulting firms submitted SOQ; and
WHEREAS, the City has reviewed the SOQ and has determined the firms that
most qualified within the discipline requested. The firms are as follows:
Architectural Design Firm
John Bates Associates
MDA Johnson Favaro
CPAC Architect
MVE Institutional
LPA Inc.
NAC Architecture
WESTGROUP DESIGNS
PGAL
Address
22952 Mill Creek Dr. Laguna Hills, CA 92653
5898 Blackwelder St. Culver City, CA 90232
3950 Long Beach BI. #105, Long Beach, CA 90807
1900 Main St. Suite 800, Irvine, CA 92614
5161 California Av. Suite 100, Irvine, CA 92617
3951 Medford St. Los Angeles, CA 90063
19772 MacArthur Blvd., Suite 100, Irvine
5933 W. Century Blvd. Suite 1050, Los Angeles
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the Lynwood City Council approves the selection of consulting
firms to provide On-call Engineering and Architectural Services for a period of three (3)
years. Said approval is without obligation to use any or all of the firms so approved. The
City reserves the right to terminate the approved list of firms, in whole or in part, at any
time.
Section 2. That this Resolution shall take effect immediately upon its adoption.
Section 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 20th day of April, 2010.
LZ~~ ~+
Maria . Santdlan, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
Roger L. aley, ity Manager
APPROVED AS TO CONTENT:
~ {
~~
G. Daniel Ojeda, P. ., ~ ector of
Public Works /City Engineer
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
1, 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 20th day of April, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i
Maria Quinonez, ity 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. 2010.076 on file in my ofFce and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 20th day of April, 2010.
/ .__-
Maria Quinonez, City Clerk
PROFESSIONAL CONSULTING SERVICES AGREEMENT
This agreement ("Agreement") is made as of June 1, 2010 by and between the Lynwood
Redevelopment Agency, a public body, corporate and politic, exercising governmental
functions and powers, and organized and existing under Chapter 2 of the Community
Redevelopment Law of the State of California ("Agency") and CPAC Architects, a California
Corporation ("Consultant"). Agency and Consultant are sometimes hereinafter individually
referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, Agency desires to utilize the services of Consultant as an independent
contractor to provide consulting services to Agency as set forth in the attached Exhibit A; and
WHEREAS, Consultant-represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its principals and
employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed
by Consultant is more particularly described in Exhibit A.
B. Time of Performance. Consultant shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. The Agreement shall be for a term of twelve (12) months,
commencing on June 1, 2010 (the "Commencement Date") and terminating on June 30, 2011
(the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. Agency agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Payment will be made only after
submission of proper monthly invoices in the form and manner specified by Agency. Each
invoice shall include a breakdown of all monthly services performed together with the hours
spent on each service. Agency shall endeavor to pay invoices bearing correct and authorized
charges within thirty (30) days of the date they are received; however, Consultant acknowledges
and agrees that due to Agency warrant run procedures, the Agency cannot guarantee that
payment will occur within this time period. Except as hereinafter described, Agency shall not be
responsible to Consultant for any additional charges, interest or penalties due to a failure to pay
within such period.
B. Total payment to Consultant pursuant to this Agreement shall not exceed ONE
Consulting Services Agreement - 1 -
HUNDRED THOUSAND ($100,000), which shall be payable as set forth in the Compensation
Schedule in the attached Exhibit A.
C. Consultant shall only be reimbursed for those expenses which: (i) appear on
Consultant's monthly invoices; (ii) are accompanied by a copy of the Agency's written
authorization for Consultant to incur such expenses; and (iii) receipts documenting such
expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between
the General Terms and Conditions and any other exhibit to this Agreement, the General Terms
and Conditions shall control unless it is clear from the context that both parties intend the
provisions of the other exhibit(s) to control.
5. Addresses.
Agency
Lynwood Redevelopment Agency
11330 Bullis Road
Lynwood, CA 90262
Attn: Executive Director
Consultant
CPAC Architects
3950 Long Beach Blvd. #105
Long Beach, CA 90807
Attn: Vasilis Papadatos, AIA
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated
and made part of this Agreement by this reference.
Exhibit A -Scope of Services, Time of Performance and Compensation Schedule
(Three (3) pages)
Exhibit B -General Terms and Conditions (pages 1 - 7)
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement - 2 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
AGENCY
AGENCY OF LYNWOOD
By:
Roger L. Haley, Executive Director
Date
Date
Date
Date
CONSULTANT
B y:
Vasilis Papadatos, AIA
ATTEST:
By:
Maria Quinonez, Secretary
APPROVED AS TO FORM:
By:
Fred Galante, Agency Counsel
Consulting Services Agreement - 3 -
EXHIBIT A
~b ®- ~0 _~C~ s ~~I ~'l~r+_~d. ®B ® ~ ~ 11 L:f~ ~ :t ~ __.. -_ __~ __._f_ _~ ~_ ~_~'~ krY i~ _~-._~ _.-.~_-. _.-~
CONCEPTUAL MASTER PLANNING and DESIGN SERVICES ON an "ON-CALL" BASIS
Duration: One Year from date of this signed contract
Fee: Phase 11 -Master Planning Design, Continuing Efforts with various tenants, City
Departments' directions, Additional revised/expanded Booklet/Drawings/Renderings
preparation, as needed, prospective tenants leasing Plans/scenarios and further
development of districts determined from Phase l:
Continue with:
A. Design Criteria-Program
• Refine and design-develop Project Program Design
• Design-suggest site amenities-improvements along major traffic arterials and
pedestrian loops, as well as fronting the existing street oriented retail sidewalks.
B. Additional Colored Plans, high-density development alternates, etc per "market"
demand
• Proposed concept block structure diagrams (plus alternates)
• Proposed concept circulation (roadway) network diagrams (including proposed on/off
ramps)
• Concept Master -Phasing plan with detailed "districts" blow-ups (plus alternates)
C. Meeting(s) (as needed) with the Redevelopment Agency, to determine common
approaches in promoting, and marketing the plan(s).
D. Additional design/Entitlements work.
• We will provide all the design work, and consultation as needed by the Agency (or as
directed by them) for a similar one year period, as the Agency enforces design
guidelines and/or develops new, on a continuous "on-call" basis, and for any/all areas
of the City as directed by Redevelopment.
LIST OF BACKGROUND DRAWINGS (TO BE SUPPLIED BY THE CITY OF LYNWOOD)
• Survey of existing utilities. CAD-Digital format.
• Scale maps of current and future changes to Interstate 105.
• CAD/GIS Planning maps showing any future improvements in the public rights-of-way.
Consulting Services Agreement - 4 -
ALL FEES FOR THE SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE BILLED AS
PROVIDED IN SECTION 3 OF THE BODY OF THIS AGREEMENT ON A TIME AND MATERIALS
BASIS, BASED ON INVOICES IN A FORM APPROVED BY THE AGENCY'S EXECUTIVE
DIRECTOR OR DESIGNEE THAT SPECIFICALLY DESCRIBE THE SERVICES PERFORMED, AND
BASED ON THE HOURLY FEES SET FORTH AT THE FOLLOWING PAGE.
Master Planning- Design Development, Freeway Corridor,
Lynwood, CA
05/28/2010 12 months
Discipline: Name: Master Plannin
Architect CPAC Architects $100,000.00 (NTE)
Civil B Owner n/a
Geotechnical Consultant B Owner n/a
Dr Utilit Consultin B Owner n/a
Cost Estimatin Consultin B Owner n/a
Total Fee: (Not To Exceed $100,00.00*
Estimated Reimbursable Included in the above NTE $
$5,000.00*
TERMS, CONDITIONS AND EXCLUSIONS:
1. Construction Documents and Upgrades shall be performed
under separate contracts and are excluded from this Fee
Schedule.
2. Marketing efforts shall be reasonably performed under this amended
contract-proposal. More intense marketing efforts (beyond ICSC's
conferences) are excluded from this Fee Schedule. This revised
proposal includes, review of marketing information, tenant
coordination, and model coordination.
3. Assumes a twelve month (12) time frame. Any additional time may
require additional services.
* Additional Reimbursable expenses (beyond the price quoted above) to be paid (upon approvals by
the Agency) per exhibit "F" Schedule of Fees.
Consulting Services Agreement - 5 -
SCHEDULE OF FEES
1. Professional staff
EFFECTIVE MAY 1, 2009
hourly fee
Principal $120.00
Design director: $105.00
Project director: $100.00
Project manager: $ 90.00
Urban design director: $ 90.00
Senior designer: $ 80.00
Job captain: $ 75.00
Designer/drafter: $ 70.00
Administrative assistant: $ 45.00
2. Mileage and subsistence
• auto mileage
$0.52 per mile
• air travel and auto rental
actual cost plus 5%
• subsistence (lodging, meals and incidentals)
actual cost plus 10% (where the work requires that employee stay overnight away from
home, or travels beyond 100 miles one-way from our office).
3. Materials and supplies
• Office and drafting supplies are included in the hourly rate in paragraph 1.
• Cost of vellums, printing, CAD plotting and reproductions are charged at cost plus 5%
from commercial reprographics companies.
• Outside services i.e., telephone calls, facsimiles, messenger, federal express, express
mail, etc., are charged at actual cost plus 5%.
• Any reimbursable expenses requested by the client subsequent to the completion of our
contract scope of work shall be billed on a time and material basis. This includes the cost
of professional fees required to process this request.
4. Consultants
• Actual cost plus 5%.
Consulting Services Agreement - 6 -
EXHIBIT B
TO PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN CPAC
ARCHITECTS AND LYNWOOD REDEVELOPMENT AGENCY
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all .times remain as to Agency, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of
Agency or otherwise act on behalf Agency of as an agent. Neither Agency nor any of its agents
shall have control over the conduct of Consultant or any of Consultant's employees, except as set
forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or
any of its agents or employees are in any manner agents or employees of Agency.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments,
penalties, and interest asserted against Agency by reason of the independent contractor
relationship created by this Agreement. In the event that Agency is audited by any Federal or
State agency regarding the independent contractor status of Consultant and the audit in any way
fails to sustain the validity of a wholly independent contractor relationship between Agency and
Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and
attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold
Agency harmless from any failure of Consultant to comply with applicable worker's
compensation laws. Agency shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to Agency from Consultant as a result of
Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising
under this Section 1.
2. Standard of Performance.
A. Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the Executive Director or his/her designee. The Executive
Director or his/her designee may from time to time assign additional or different tasks or services
to Consultant, provided such tasks are within the scope of services described in Exhibit A.
However, no additional or different tasks or services shall be performed by Consultant other than
those specified in Exhibit A, or those so assigned in writing to Consultant by the Executive
Director or his/her designee.
B. The Executive Director shall, until further notice to Consultant, administer this
Agreement and provide for immediate supervision of Consultant with respect to the services to
be provided hereunder.
Consulting Services Agreement Exhibit B
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and
duties agreed to be performed under this Agreement, and Agency is relying upon the skill and
knowledge of Consultant to perform said services and duties.
B. Agency and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnitees") shall have no
liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect
and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes
of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorneys' fees and disbursements (collectively
"Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or other loss occurring as a result of or
allegedly caused by the Consultant's performance of or failure to perform any services under
this Agreement or by the negligent or willful acts or omissions of Consultant, its agents,
officers, directors, subcontractors, subconsultants or employees, committed in performing any
of the services under this Agreement. Notwithstanding the foregoing, the provisions of this
subsection shall not apply to Claims occurring as a result of the Agency's sole negligence or
willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, subconsultant or
any other person or entity involved by, for, with or on behalf of Consultant in the performance
of this Agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required in this Section, Consultant agrees to be fully responsible according to the
terms of this Section. Failure of the Agency to monitor compliance with these requirements
imposes no additional obligations on Agency and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall
survive the termination of this Agreement and is in addition to any rights which Agency may
have under the law. This indemnity is effective without reference to the existence or
applicability of any insurance coverages which may have been required under this Agreement
or any additional insured endorsements which may extend to Agency.
4. Insurance.
A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section
3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement the types and amounts of insurance as described below:
(i) Commercial General Liability Insurance using Insurance Services Office
Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than $1,000,000
per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Consulting Services Agreement Exhibit B
2
(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
1,000,000 per accident, combined single limit. If consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described in the preceding subsection. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
(iii) Workers' Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer's liability limits no less than
$1,000,000 per accident for all covered losses.;
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to the
profession, written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement.
The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The
policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective
date of this Agreement.
B. Agency, its officers, officials, employees and volunteers shall be named as additional
insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California with a Best's rating of no less than
A: VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not
less that one (1) day prior to beginning of performance under this Agreement. Endorsements
shall be executed on Agency's appropriate standard forms entitled "Additional Insured
Endorsement".
F. The Consultant's insurance shall be primary as respects the Agency, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the
Consulting Services Agreement Exhibit B
3
Agency, its officers, officials, employees and volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect, and such insurance is available at a reasonable cost, Agency may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation
of Consultant and the cost of such insurance may be deducted, at the option of Agency, from
payments due Consultant.
5. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the Agency. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by Agency. Agency shall grant such authorization if disclosure is
required by law. All Agency data shall be returned to Agency upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of this
Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Consultant in the performance of this Agreement shall be and remain the property
of Agency without restriction or limitation upon its use or dissemination by Agency. Such
material shall not be the subject of a copyright application by Consultant.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any mariner with the performance
of its services hereunder. Consultant further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of services to Agency as a result of the performance
of this Agreement, or the services that may be procured by the Agency as a result of the
recommendations made by Consultant. Consultant's covenant under this section shall survive the
termination of this Agreement.
8. Termination. Should Consultant fail to perform any of the obligations required of
Consultant within the time and in the manner provided for under this Agreement within seven (7)
days after receipt from Agency of a notice of such default, or should Consultant violate any of
the terms and conditions of the Agreement or for no reason, Agency may terminate this
Agreement with or without cause upon seven (7) days' notice to Consultant. The effective date
of termination shall be upon the date specified in the notice of termination. Consultant agrees
that in the event of such termination, Agency's obligation to pay Consultant shall be limited to
Consulting Services AgreemenC Exhibit B
4
payment only for those services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services, preserve the product of the services, and turn over to Agency the product of
the services in accordance with written instruction of Agency.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Consultant or.under its supervision, and all personnel
engaged in the work shall be qualified to perform such services. Consultant reserves the right to
determine the assignment of its own employees to the performance of Consultant's services
under this Agreement, but Agency reserves the right, for good cause, to require Consultant to
exclude any employee from performing services on Agency's premises.
10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
documentation acceptable to the Executive Director, establishing that it is financially solvent,
such that it can reasonably be expected to perform the services required by this Agreement.
Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each
year thereafter throughout the term of this Agreement, Consultant shall submit such financial
information as may be appropriate to establish to the satisfaction of the Executive Director that
Consultant is in at least as sound a financial position as was the case prior to entering into this
Agreement. Financial information submitted to the Executive Director shall be returned to
Consultant after review and shall not be retained by Agency.
11. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of Agency relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent
of Agency, and any attempt by Consultant to so assign this Agreement or any rights, duties, or
Consulting Services Agreement Exhibit B
5
obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of
the first anniversary of the effective date of this Agreement, and each year thereafter throughout
the term of this Agreement. The work product required by this Agreement shall be utilized as
the basis for review, and any comments or complaints received by Agency during the review
period, either orally or in writing, shall be considered. Agency shall meet with Consultant prior
to preparing the written report. If any noncompliance with the Agreement is found, Agency may
direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement
as provided herein.
14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and
Local laws, ordinances, codes and regulations which in any manner affect those employed by it
or in any way affect the performance of its service pursuant to this Agreement. The Consultant
shall at all times comply with such laws, ordinances, codes and regulations. The Agency, its
officers and employees shall not be liable at law or in equity occasioned by failure of Consultant
to comply with this Section.
15. Licenses. At all times during the term of this Agreement, Consultant shall have in full
force and effect all licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by Agency of any
payment to Consultant constitute or be construed as a waiver by Agency of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by Agency shall in no way impair or prejudice any right or remedy available to
Agency with regard to such breach or default.
17. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during Consultant's regular
business hours or by facsimile before or during Consultant's regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section.
19. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
Consulting Services Agreement Exhibit B
6
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
21. Severability. If any provision or any part of any provision of this Agreement is found
to be invalid or unenforceable, the balance of this Agreement shall remain in full force and
effect.
22. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Consultant and
Agency. This Agreement supersedes all prior oral or written negotiations, representations or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the Parties which expressly refers to this Agreement. Amendments
on behalf of the Agency will only be valid if signed by the Chairperson and attested by the
Secretary.
23. Authority. The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
Consulting Services Agreement Exhibit B
7
-" oc cti,N ,
~~~ AGENDA STAFF REPORT
:~~~
DATE: June 1, 2010
TO: Honorable Chair and Members of the Agency
APPROVED BY: Roger L. Haley, Executive Director ~~
~1G~`~`~-o-y
PREPARED BY: Sarah M. Withers, Director of Redevelopment ~
Ernie Nishii, Housing Manager
Leaonna DeWitt, Sr. Rehabilitation Specialist
SUBJECT: Ratification of an application with the County of Los Angeles to
purchase property located at 3303 Magnolia for the purposes of
Development
Recommendation:
Staff recommends that the Lynwood Redevelopment Agency adopt the attached
resolution entitled, "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY
OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE ALL NECESSARY DOCUMENTS TO PURCHASE AND
DEVELOP PARCEL NUMBER 6168-011-012, COMMONLY KNOWN AS 3303
MAGNOLIA AVENUE, LYNWOOD, CALIFORNIA".
Background:
The Chapter 8 Program through the County of Los Angeles provides the opportunity to
public agencies to purchase tax defaulted properties.
Upon the failure of the property owner to meet the payment obligation of his or her
property tax by the final due date, usually June 30 of each year, the Treasurer and Tax
Collector sends the property owner a notice of impending sale followed by a Notice of
Auction.
The default opens a 5 years waiting period for residential property during which the
delinquent taxes, interest, and penalties accumulate until redeemed.
At the end of the 5 years, if the tax remains unredeemed, the Treasurer and Tax
Collector has the power to sell the property.
ITEnfl
~.~ .
Discussion & Analysis
The property located at 3303 Magnolia Avenue is available for purchase through the
Chapter 8 Program offered by the County of Los Angeles. This 11,537 square foot
property has an abandoned two bedroom house completely covered with graffiti. The
property has been an eyesore to the community for numerous years and has been cited
by Code Enforcement.
The Agency is desirous of purchasing the site to eliminate blight and facilitate the
creation of new development. The cost to purchase the property will be the amount
required to pay off the delinquent property taxes on the site and all associates sales
costs which will be anot-to-exceed amount of $70,000. Purchase price will not exceed
the value of the property.
Note:
(Redevelopment Agency generally can't pay more than the Fair Market Value, unless it
is to settle a potential eminent domain action).
Fiscal Impact:
There is no current fiscal impact to the General Fund with the ratification of the
purchase of this property. If the Property completes the tax sale process through the
County, staff will present the specific deal points required by the County and identify the
source of funds for the proposed development.
Coordinated With:
City Manager's Office
Finance & Administration
City Attorney's Office
Attachments:
Resolution
2
RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF
LYNWOOD, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE ALL NECESSARY DOCUMENTS TO APPLY TO THE CHAPTER 8
PROGRAM WITH THE COUNTY OF LOS ANGELES TO PURCHASE AND DEVELOP
PARCEL NUMBER 6168-011-012, COMMONLY KNOWN AS 3303 MAGNOLIA
AVENUE, LYNWOOD, CALIFORNIA
WHEREAS, the Redevelopment Agency of the City of Lynwood ("Agency") is a
public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, by previous action of the Agency and the City Council of the City of
Lynwood (the "City Council" or "City" as appropriate) the Redevelopment Plan for the
Agency's Project Area A was established by Ordinance No. 945 of the City Council on
July 10, 1973, and has been amended from time to time; and
WHEREAS, to effectuate the Redevelopment Plan, over the past several years,
the Agency has conducted activities on Magnolia Avenue to reduce or eliminate blight
within Project Area A; and
WHEREAS, the purchase of Parcel Number 6168-011-012, commonly known as
3303 Magnolia, Lynwood, California would further the aims of the Agency to remove
blight in the project area; and
WHEREAS, the Agency is desirous of developing the site for a constructive
public use; and
WHEREAS, the development of the site commonly known as 3303 Magnolia,
Lynwood, California would be of benefit to Project Area A; and
WHEREAS, the County of Los Angeles can sell property, including 3303
Magnolia, pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code
(Chapter 8 Program); and
WHEREAS, the cost to purchase the property will be the amount required to pay
off all back taxes on the property, including costs involved in the sale of the property
which will not-to-exceed $70,000; and
WHEREAS, the foregoing cost to purchase the property will not exceed the value
of the property; and
WHEREAS, the cost to pay the County of Los Angeles's preliminary research fee
is $100.
NOW, THEREFORE, THE LYNWOOD REDEVELOPMENT AGENCY,DOES
HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct and are hereby adopted
as findings.
Section 2. The Agency's application for the property commonly known as 3303
Magnolia, Lynwood, California is consistent with the Agency's adopted Implementation
Plan for Project Area A and will be of benefit to Project Area A.
Section 3. The development of the Site will assist in the elimination of blight in
the Project Area.
Section 4. The Executive Director of the Redevelopment Agency (Executive
Director) is authorized and directed to take such actions and execute such documents,
approved as to form by the Agency Counsel as may be necessary to acquire 3303
Magnolia, Lynwood, California through the County of Los Angeles's Chapter 8 program.
Section 5. The Executive Director shall authorize the payment of the preliminary
research fee in the amount of $100 to begin the research process.
Section 6. The Agency Secretary shall certify to the passage and adoption
hereof.
PASSED, APPROVED and ADOPTED THIS 1sT day of June, 2010.
Maria T. Santillan
Chair
ATTEST:
Maria Quinonez
Secretary
Roger L. Haley
Executive Director
APPROVED AS TO FORM:
Fred Galante
Agency Counsel
Sarah M. Withers
Director of Redevelopment
2
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante
Agency Counsel
Sarah M. Withers
Director of Redevelopment