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IN ORDER TO EXPEDITE CITY COUNCIL, BUSINESS, WE ASK THAT ALL
PERSONS WISHING TO ADDRESS THE; COUNCIL FILL OUT A FORM
PROVIDED AT THE DOOR, AND TO TURN ITT IN TO THE CITY CLERK PRIOR
TO THE START.OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING ;THE COUNCIL IN THE ABSENCE
OF THE UNANIMOUS CONSENT OF THE COUNCIL.
_ AGENDA{ R~C~~VED
ITEMS ON-FILE FOR CONSIDERATION CITY QF LYNWOQ~
AT THE MEETING OF THE LYNWOOD CITY COUNCI CITY cLERxs oF~ICE
TO BE HELD ON FEBRUARY 6, 2001 ~€~ ~ j 20L~1
COUNCIL CHAMBERS' ~y p~
s:oo P.M. ~ 7i8i9i~Di~Il~ili2i3i4i5i6
PAUL H. RICHARDS., II ~ ~ ' '~~"' `~
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MAYOR ~ ~~~,,,! .~~~t~
RICARDO SANCHEZ ? LOUIS BYRD
MAYOR PRO-TEM COUNCLLMEMBER
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ARTURO REYES ARMANDO REA
COUNCILMEMBER 1 COUNCILMEMBER
CITY MANAGER ~ CITY ATTORNEY
RALPH W: DAVIS III ~ SHAN THEVER & ASSOCIATES
CITY CLERK ~ CITY TREASURER
ANDREA L. HOOPER IRIS PYGATT
OPENING CEREMONIES
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION ~,
4. ROLL CALL OF COUNCIL MEMBERS
Louis Byrd
Armando Rea
Arturo Reyes
.Ricardo Sanchez
Paul H. Richards, II
5. .CERTIFICATION Off' AGENDA POSTING E?Y CITY CLERK
6. PRESENTATIONS/PROCLAMATION ,
a) Black History Month Presentation
b) Presentation to the Sponsors of the 2000 Community Service Day
7. ANNOUNCEMENTS
8. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY
LYNWOOD INFORMATION INC.
LYNWOOD PUBLIC FINANCE AUTHORITY
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PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
1F AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO
SUBSTANTIAL DISCUSSION OF THE. ISSUE BY THE COUNCIL, BUT IT IS
ALL RIGHT FOR COUNCIL' TO REFER THE MATTER TO THE STAFF OR
SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING.
(The Ralph M. Brown. Act, Government Code Section 54950-54962, .Part I!!,
Paragraph 5.)
9. MINUTES OF PREVIOUS MEETINGS:
Special Meeting, January 8, 2001
• Special Meeting, January 16, 2001
Regular Meeting, January 16, 2001
• Special Meeting, January 22, 2001
Special Meeting, January 25, 2001 ,
PUBLIC HEARINGS
10. APPROPRIATION OF REMAINING FY 1996, 1997, AND 1998
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS
ALLOCATED BY AB3229 FOR FRONT. LINE LAW ENFORCEMENT
SERVICES iN LYNWOOD
Comments:
. Assembly .Bill 3229 directs the California State Controller to allocate $100
million appropriated by the Legislature to counties and cities and certain
special district for the support of the Citizen's Option for Public Safety
(COPS) Program. The City previously appropriated its FY 1996, 1997,
1998 allocations. Based on staff's analysis there remains $58,746 of FY
1996, 1997, 1998 AB 3229 funds that are. available for reallocation.
Recommendation:
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Staff recommends for the City Council to conduct a Public Hearing and
after considering public oral and written comments to adopt the attached
resolution allocating the remaining $58,746 under the 1996, 1997, and.
. 1998 AB 3229 funds to fund a Loud Party Enforcement Detail.
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. 11. ZONING ORDINANCE AMENDMENT'N0. 2000-05
CIVIC CENTER AREA OVERLAY ZONE
A REQUEST FOR THE CITY COUNCIL TO CONSIDER AMENDING THE
LYNWOOD :MUNICIPAL CODE BY ~ ADDING CHAPTER 25-36 AND
THEREBY ESTABLISH AND IMPLEMENT A CIVIC CENTER AREA
OVERLAY ZONE 'f
APPLICANT -CITY OF LYNWOOD
Comments: i'
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The. Community Development „Department is requesting approval of
Zoning Ordinance Amendment No. 2000-05, to establish and implement a
Civic. Center Area Overlay Zone for public and private properties within
the area roughly bounded by Martin Luther King Jr. Boulevard to the
north; Platt Avenue to the south; Birch Street to the west; and Ernestine
Avenue to the east.
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Recommendation:
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Staff respectfully recommends for the City. Council to conduct a public
hearing and after considering public oral and written comments to close
the .public hearing and adopt the atfache'd ordinance approving Zoning
Ordinance Amendment No. 2000=05. ' r
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate
discussion on these items prior to voting unless members of the Council or staff
.request specific items be removed from. the Consent Calendar for separate
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12. PROPOSED NEW LYNWOOD TEEN SQUARE PROJECT
Comments:
The proposed project area is on Birch Street between Mulford Avenue
and Platt Avenue, and the Parking lot ini front of Hosler Middle School.
The purpose of this project is to enhance traffic Safety and beautify the
area.
Recommendation:
To recommend that the City Council !adopt the attached resolution
entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO APPROPRIATE PND TRANSFER $205,705 FROM
UN.!~PPROPRIATED GENERAL` FUND TO THE TEEN SQUARE
PROJECT". j
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13. APPROVAL OF TRACT MAP 53068
Comments:
Tentative Tract Map No. 53068 was conditionally approved by the
Planning Commission by Resolution 2752 on December 14, 1999. The
final map is now ready for City Council's approval.
Recommendation:
It is recommended that the City Councils adopt the attached resolution
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING TRACT MAP NO. 53068".
14. ACCEPTANCE OF SIDEWALK IMPROVEMENT PROJECT, PROJECT
NO. 05-5248
Comments:
On November 21, 2000, the City Councilauthorized the informal bidding.
for the Sidewalk Improvement Project; Project No. 05-5248. The
Contractor has completed all work on the project. The project is now
ready for acceptance.
Recommendation: i
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To recommend that. the City Council adopt the attached resolution
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ACCEPTING THE ,SIDEWALK IMPROVEMENT PROJECT,
PROJECT NO. 05-5248, AS BEING COMPLETE".
15. ENERGY CRISIS
Comments:
The State of California is currently facing energy challenges and severe
electricity supply shortages. Due to this, it is important to reduce energy
usage wherever possible.
To assist in energy conservation efforts the City of Lynwood is committed
to reducing energy usage as well as encouraging residents and
businesses to also reduce electricity usage.
Recommendation:
Staff respectfully requests the Mayor ani Members of the Lynwood City
Council to:
1. Adopt the attached resolution, der
commitment to energy reduction e
2. Direct staff to issue a press rely
businesses to meet the State of C
ionstrating the City of Lynwood's
forts: and
ase encouraging residents and
rlifornia's 7% conservation goals.
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16. CARNIVAL
Comments:
The City of Lynwood has planned activities celebrating Black History
Month in the City of Lynwood.
The Recreation and Community Services Department would like to host a
professional carnival to supplement our "Black History Month" program.
Proceeds from this carnival will be used Ito help offset costs associated
with this year's Black History Month activities.
Recommendation:
Staff recommends for the City Council to authorize staff to set-up a
carnival in Lynwood to supplement the City's "Black History Month"
programming.
17. TREASURER'S QUARTERLY REPORT
Comments:
The purpose of this item is to have the Lynwood City Council review the
Treasurer's Investment Report as require i by recently enacted State
Statutes.
Recommendation:
The Treasurer respectfully recommends that the City Council receive and
file the attached Quarterly Investment Report for the quarter ending
September, 2000.
18. WARRANT REGISTER:
Comments:
Gity of Lynwood warrant registers for Feb juary 6, 2001 FY 2000-2001.
Recommendation:
Staff recommends for the City Council to approve the warrant registers.
ITEMS
19. REQUEST FOR SPECIAL PERMIT-
CARNIVAL - ST. PHILIP NERI CHURCH
Comments:
St. Phillip Neri Church of Lynwood is requesting a Special Permit to have
a Carnival in the parking lot of the church ;located at 4311 Olanda Street.
Recommendation:
That Council review and direct staff accordingly.
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20. REQUEST FOR SPECIAL PERMIT-
CARNIVAL -NORTH AMERICAN AMUSEMENTS
Comments:
J.A. Blash of North American Amusement's is requesting permission to
have a Carnival on the following dates at the Lynwood Marketplace:
Februa 8th 5-10 .m.
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February 9th 3-10 p.m.
February 10th 12-10 p.m.
Please note that the Carnival was previously approved by City Council on
January 8, 2001. The event was cancelled due to rain and is being
rescheduled for the above dates:
Recommendation:
That Council review and direct staff accordingly.
COUNCIL ORAL AND WRITTEN CO~MMUNIC
PAUL H. RICHARDS, II, MAYOR
RICARDO SANCHEZ, MAYOR PRO-TEM
LOUIS BYRD, COUNCILMEMBER
ARMANDO REA, COUNCILMEMBER
ARTURO REYES, COUNCILMEMBER
OSED
21. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL-
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
54956.9:
Number of cases: one (1) case
NMEN1
subdivision (b) of Section
MOTION TO ADJOURN TO A REGULAR MEETING TO BE HELD ON
FEBRUARY 20, 2001 AT 6:00 P.M. IN THE COUNCIL CHAMBERS' OF THE
CITY HALL, 11330 BULLIS ROAD, CITY OF L`~~NWOOD, CALIFORNIf'~,.
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PUBLIC ORAL COMMUNICATIONS
NONE
Item# 4 STRATEGIC PLAN & IMPLEMENTATION PROGRAM
ENVIRONMENTAL SERVICES
A) Code Enforcement Pilot Program -Mayors Task Force on
Neighborhoods First. ~
Joe Wang and Kathy Beal stated .there are 138 properties in violation. The target
Pilot area was between Beachwood Ave. and Los Flores Blvd. There were 211
violations observed by Code Enforcement, and 102 notices of violations were
issued, Sixty one (61) City Prosecutor letters were sent to residents.
Councilman Rea questioned what is the procedure on fences, and asked how
many appeals do they currently have on hold.
Kathy Beal stated Code Enforcement has no appeals at the moment
City Manager Davis stated there have not
followed up with the abatement's.
Kathy Beal stated the City's letters made a d
pending.
Kathy Beal also requested to Council that
employees to become full-time.
any complaints, residents have
rence, they only have 41 cases
e would like for her part-time
Councilman Byrd discussed that communication is the key to everything.
Councilman Rea stated that Code Enforcement has done an outstanding job.
Councilman R
eyes stated we need Officers overithe weekend.
Councilman Byrd discussed that there are to many violations committed over the
weekends. i
Mayor Richards stated he would like to finish the discussion on the Pilot Program
in two weeks.
SUBSEQUENT NEED ITEM:
City Manager Davis announced a Subsequent
Market Place.
Councilman Rea asked if the Market Place is
entertainment venue.
Need Item: Carnival -Lynwood
becoming a permanent outdoor
Councilmen Reyes asked for a schedule from the.. Market Place on all upcoming
events, ar~d a list of current tenants in the k~:.~ildina.
It was moved by Councilman Byrd, seconded by Councilman Reyes and carried to
approve the Carnival and also bring back issues ;requested from Council. to the
meeting on January 29, 2001.
ROLL CALL: '
AYES: COUNCILMAN BYRD, REYES, SAINCHEZ, RICHARDS
NOES: COUNCILMAN REA i
ABSENT: NONE
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ADJOURNMENT
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Heaving no further discussion, it was moved by Councilman Byrd, seconded by
Councilman Sanchez and carried to adjourn theimeeting at 11:20 a.m.
Paul H. Richards, Mayor
Andrea L. Hooper, City Clerk
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LYNWOOD CITY COUNCIL SPECIAL MEETING
JANUARY 16, 2001
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The City Council of the City of Lynwood met in a Special Session at 11330 Bullis
Road on the above date at 9:17 a.m.
Mayor Richards presiding. ~
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Councilmen Byrd, Rea, Reyes, and Richards answered the roll call.
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Councilman Sanchez was absent.
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Also present were City Manager Davis, City Attorney Thever, City Clerk Hooper,
and City Treasurer Pygatt.
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City Clerk Hooper announced that the agenda (had been posted in accordance
with the Brown Act. ~
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items;Only)
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NONE
PUBLIC ORAL COMMUNICATIONS
Lorna Hawkins stated she received a letter from .the City of Lynwood asking her to
evacuate the building. She is requesting an extension for the use of the building.
City Manager Davis explained that the letter wi s sent to Ms. Hawkins from his
office to please evacuate the building by February 12, 2001.
Councilman Reyes questioned how much time is
Lorna Hawkins stated that she needs a year.
requested on the extension.
Mayor Richards scheduled Lorna Hawkins for January 22"d meeting at 8 a.m. to
address this issue in Closed Session.
CLOSED SESSION
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City Manager Davis asked to re-order the agenda. ~
City Attorney Thever stated with respect to everylitem of business to be discu
ssed
in Closed Session pursuant to Section 54956.9: I
A) Case: City of Lynwood v. General Reinsurance
6) Disclosure would jeopardize service of process
It was moved by Councifma~: Byrd, seconded by~Reyes and carried to recess to a
Joint Closed Session with Lynwood Redevelopment Agency at 9:25 a.m.
Council reconvened at 10:4 a.m.
City Attorney Thever stated Council met on the! aforementioned matters and on
Item 5 (A) no reportable action, Item 5 (B) no reportable action.
Item# 4 STRATEGIC PLAN & IMPLEMENTATION PROGRAM
COMMUNITY DEVELOPMENT i i
A) Plaza Del Pueblo ~
Director of Community Development Chicots gave a presentation on the Market
Place Site Plan, existing, new and transferal building.
Councilman Rea questioned the name of the project.
Councilman Reyes questioned when is the project going to be started, stated that
the City has put a lot of money into this project, is very concern.
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Director of Community Development Chicots stated he agrees with Councilman
Reyes, and would like to start the project. ~
Mayor Richards stated he would like to have alli involved parties meet together to
discuss the Market Place Project.
Director of Community Development Chicots stated that he needs Council to
review and approve the Site Plan to start the project.
Mayor Richards stated he is really happy with the Site Plan, would like to bring
back for further discussion to next Mondays morning meeting on January 22"d at 8
a:m.
ADJOURNMENT!
Having no further discussion, it was moved by Councilman Byrd, seconded by
Councilman Reyes and carried to adjourn the meeting at 11:05 a.m.
Paul H. Richards, Mayor ~
Andrea L. Hooper, City Cferk
LYNWOOD CITY COUNCIL MEETING
JANUARY 16, 2001
The City Council of the City of Lynwood met in a Regular Session at 11330 Bullis
Road on the above date at 6:25 p.m.
Mayor Richards presiding.
Councilmen Byrd, Rea, Reyes, Sanchez, and
Also present were City Manager Davis, City
and City Treasurer Pygatt.
Richards answered the roll call.
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Attorney Thever, City Clerk Hooper
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City Clerk Hooper announced that the agenda ~ had been posted in accordance
with the Brown Act. I
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
Item# 9 MINUTES OF PREVIOUS MEETING
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Special Meeting of December 18, 2000
Regular Meeting of December 19, 2000
Special Meeting of December 21, 2000
Regular Meeting of Januaryy 2, 2001
Special Meeting of January 4, 2001
It was moved by Councilman Byrd, seconded by~Councilman Reyes to and carried
approve the minutes, and bring back December 28, 2000 minutes.
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CONSENT CALEN'~DAR
It was moved by Councilman Reyes, seconded ~by Councilman Byrd to adopt the
Resolution:
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Item# 11 A REQUEST APPROVAL OF FINAL TRACT MAP 53265 CASE NO.
TTM 200-01
RESOLUTION NO. 2001.004 j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING FINAL TRACT MAP NO. 53265 BEING A SUBDIVISION OF A
PORTION OF LOT 489, <.S PER MAP RECORDED, IN THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
Item# 12 STREET IMPROVEMENT PROJECT, PROJECT NO. 5-5223 ELM
AND ERNE NINE
RESOLUTION NO. 2001.005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO CIVIL WORKS CORPORATION, IN THE
AMOUNT OF $346,852.50 FOR THE ELM STREET AND ERNESTINE
AVENUE STREET IMPROVEMENT PROJECT, PROJECT NUMBER 5-5223,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
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RESOLUTION N0. 2001.006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER OR HIS ;DESIGNEE TO APPROPRIATE
AND TRANSFER $55,000.00 FROM AB - 2928 STREET IMPROVEMENT
PROJECT, PROJECT NO. 05-5249 TO THE ELM STREET AND ERNESTINE
AVENUE STREET IMPROVEMENT PROJECT; PROJECT NO. 05-5223
Item# 13 HOUSEHOLD HA7~4RDOUS WASTE COLLECTION SITING &
LIABILITY AGREEMENT FOR THE MARCH 3, 2001 ROUNDUP
City Council authorize the Mayor to execute the~Siting & Liability Agreement for
the March 3, 2001 Household Hazardous Waste Collection Event to be hosted by
the City of Lynwood.
Item# 14 ITEM# 14 IS THE SAME AS ITEM~# 16
Item# 15 AMENDMENT TO THE CLASSIFICATION PLAN
MANAGEMENT SALARY SCHEDULE
RESOLUTION NO. 2001.007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING THE CLASSIFICATION PLAN AND MANAGEMENT SALARY
SCHEDULE TO INCLUDE THE POSITION OF SENIOR CIVIL ENGINEER
Item# 16 ORDINANCE -SECOND READING
ORDINANCE N0.1502
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOO'~D
AMENDING SECTION 7-17.1 OF, AND ADDING SECTIONS 7-17.2 AND
7-17 (J) TO THE LYNWOOD MUNICIPAL CODE
Item# 17 WARRANT REGISTER
RESOLUTION NO. 2001.008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ALLOWING AND APPROVING THE DEMANDS AND WARRANTS '
THEREFORE
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
DISCUSSION ITEMS
Item# 18 PRESENTATION ON CLEAN AIR MANDATE
AND
It was moved by Councilman Ryes, seconded 6y Councilman Byrd and` parried to
suppc,rt the Clean Air Mandate oy the State of California. '
Item# 19 REQUEST FOR SPECIAL PERMIT
PEACEFUL MAF ~H & GATHERING - LYNWOOD PARK
It was moved by Councilman Reyes, seconded by Councilman Byrd to approve
the permit.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS '
NOES: NONE
ABSENT: NONE
Item# 20 REQUEST FOR SPECIAL PERMIT
CAR WASH
CHURCH PARKING LOT - 1221 VIRGINIA AVENUE
It was moved by Councilman Reyes, seconded by Councilman Byrd to approve
the permit.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
UBLIC HEARINGS
It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez and
carried to open the public hearing.
Item# 10 APPEAL NO. 2000-06
A REQUEST FOR THE CITY COUNCIL TO OVERTURN THE
DECISION OF THE PLANNING COMMISSION Tb DENY
CONDITIONAL USE PERMIT NO. 2000-24 TEEN CHALLENGE AT
10115-19 LONG BEACH BOULEVARD
Irene Garcia asked for Council to approve the use permit for Teen, Challenge,
believes it is a great program for the youth.
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Margaret Araujo lends her full support for Teen Challenge, believes Teen
challenge can help the youth stay out of trouble and off the streets, they' also give
advice and offer torturing for the youth.
Pastor John Hopkins stated Council has not done enough for the youth, he
believes Teen Challenge is a hope for the youth, also it is a good way to start
something good for this community and the youth. r
Keith Jackson stated Teen Challen e has a ve I
9 ry good reputation, is looking
forward for approval.
Phil Cookes stated that there were one hundred (100) stamped invitations given
out to the Ambassadors, Block Watch Captains, and also to the Council for the
Teen Challenge Open House, there were four thousand five hundred (4,500) flyers
passed out to the community. Also stated that the applicant's interviews are being
conducted in the City of Hawthorne, they are also tested for drugs and a
background check is also provided. Stated he has done everything to meet with
the requirements of the City Council.
Miguel Medina stated he does not agree with Teen Challenge, would like to have
the back wall upgraded to a twelve (12) feet wall, and also fix the light pole, also
stated that he wrote a letter to the City Council requesting for the approval to be
denied.
It was moved by Mayor Pro Tem Sanchez, seconded by Councilman BByrd and
carried to close the public hearing.
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Mayor Pro (em Sanchez stated Teen Challen e has su
g pported his request. Also
stated to meet with the negotiators to upgrade the back wall ten (10)'feet tall, fix
light pole and he supports Teen Challenge as a good program. ~ '
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Councilman Byrd stated he would like to made a motion to approve Teen
Challenge, and also upgrade the back wall to twelve (12) feet.
Councilman Rea stated many of the Lynwood Residents have a problem with
Teen Challenge. Stated he has thought about his decision very hard,' also stated
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that this is the first time he has seen something valuable from Teen Challenge.
There is nothing submitted with the application as a Trade School.
Councilman Re es stated he would not arti i
Y p c pate in the vote for Teen Challenge
due to Legal Counsel advice. I
Mayor Richards stated that he believes Council has been very fair with every
business in Lynwood. Also stated he has very high standards because he is
concern for the community. Good example facilities are needed for this
community, continue to work with the community. '
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RESOLUTION NO. 2001.003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~LYNWOOD
APPROVING APPEAL NO. 2000-06 AND THEREBY OVERTURNING THE
PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT
NO. 2000-24, A REQUEST TO OPERATE A "TEEN CHALLENGE',' FACILITY
AT 10115 - 10119 LONG BEACH BOULEVARD, IN THE C-3 ~ (HEAVY
COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA
It was moved by Councilman Byrd, seconded by Mayor Pro Tem Sanchez to adopt
Resolution approving Teen Challenge with conditions: 1) upgrade ;.fence, and
improve both buildings (same paint make uniform). i
ROLL CALL:
AYES: BYRD, SANCHEZ, RICHARDS
.NOES: REA
ABSTAIN: REYES
City Manager Davis stated there was a need for a Subsequent Need Item:
Personnel ~
SUBSEQUENT NEED ITEM:
A) Conference with Legal Counsel -Personnel
It was moved by Councilman Byrd, seconded ~by Councilman Reyes to ihear the
Subsequent Need Item: Conference with Legal Counsel -Personnel f
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ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS;
NOES: NONE
ABSENT: NONE ~'
CLOSED SESSION
City Attorney Thever stated with respect to every item of business to be discussed
in Joint Closed Session pursuant to section 54956.8: ~
Item# 21 CLOSED SESSION ITEMS:
A) Case: City of Lynwood v. General Reinsurance ~
Case was heard at Councils Special morning meetin Ig:
B) Conference with Legal Counsel -Disclosure would~jeopardize
service of process ~ j
It was moved by Councilman Byrd, seconded by Councilman Reyes anld carried to
recess to Closed Session at 7:30 p.m. ~'
Councilman reconvened at 9:05 p.m.
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City Attorney Thever stated that on Item# 21: A) -Case was heard a't Councils
Special morning meeting, and on Item# 21: B) - no reportable action, and on the
Subsequent Need Item - no reportable action.
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ADJOURNMENT `
Havin no further discussion it was move !
9 d by Councilman Reyes, seconded by
Councilman Byrd and carried to adjourn the meeting at 9:10 p.m. j,
Paul H. Richards, Mayor
Andrea L. Hooper, City Clerk
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LYNWOOD CI
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TY COUNCI,L:SPECI
JANUARY 22, 2001
L MEETINGI
The City Council of the City of Lynwood met in a Special Session at
Road on the above. date at 8:10 a.m.
Mayor Richards presiding.
Councilmen Byrd, Rea, Reyes, and Richards answered the roll call.
Councilman Rea,~and Mayor Pro Tem Sanchez were absent.
Also present were City Manager Davis, City Attorney Thever, a
Hooper.
City Treasurer Pygatt was absent.
11330 Bullis
City Clerk
City Clerk Hooper announced that the agenda had been posted in accordance
with the Brown Act. I'.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
PUBLIC ORAL COMMUNICATIONS
NONE
Mayor Pro Tem Sanchez arrived at 8:15 a.m.
Councilman Rea arrived at 8:17 a.m.
City Treasurer arrived at 8: 25 a.m.
Item# 4 STRATEGIC PLAN & IMPLEMENTATION PROGRAM
COMMUNITY DEVELOPMENT
Lynwood Market Place
Director of Community Development Chicots brief the Council on the status of the
Market Place Site Plan Project.
David Hidalgo stated he is having environmental test done on the prop rty, and is
also working on computer design's for the Market Place Project:
Dan Torres stated he would like to group all of the buildings together, will also
develop a fountain in the middle of the Market Place, and the parking area will
circulate through all of the Market Place. I'
Councilman Reyes questioned if there was any time frame regarding the
demolitions. II
David Hidalgo stated the demolition will take approximately six months and
suggested the elimination and demolition of the Sub Station.
Director of Community Development Chicots stated to Council he would like to
move forward with phase 1 to start with the Market Place Project.
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Councilman Rea stated he would like to have more discussion on th Ii Site Plan
Project.
Mayor Richards thanked everyone for the presentation on the Site Pla
It was moved by Councilman Byrd, seconded by Mayor Richards to
concept the Site Plan and directed staff and the developer to contini
Planning process. ~I
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
CITY MANAGER'S OFFICE/PUBLIC INFORMATION
City Calendar
Postcards
Lynwood 80tH Anniversary (July 16tH)
Project.
approve in
to with the
Johanna Howard of Media Services stated the City Calendars are being hand
delivered to the residents of Lynwood. Also stated that there are no Council
Members photos on the Calendars or Postcards.
Councilman Reyes stated he would like to include the Churches, and the Main
Streets on the City's Calendars and Postcards. ~
Mayor Richards stated he is very proud with the staffs work with) the City's
Calendar and Postcards.
Johanna Howard of Media Services stated she would like to know in detail what
Council wants on the City Calendars and Postcards, and if there are an ~ concerns.
City Manager Davis stated he is very satisfied with the completion of th I project.
Mayor Richards stated that there are no concerns at the moment.
City Manager Davis announced the City's 80tH Birthday.
Councilman Reyes stated he would like to honor the City's Commissioners, who
have been members of the Commission for over 20 years.
Mayor Richards stated he would look into honoring the Commissioners.
RECREATION 8~ COMMUNITY SERVICES
City Wide Events
Director of Recreation & Community Services Given give Council a breakdown of
the City Events and the cost of the Events. I
Assistant City Manager Hemp stated she would IikE to bring the Unap~propriation
Funds as a Subsequent Need Item. ~
It was moved by councilman Byrd, seconded by Councilman Reyes and carried to
approve the Subsequent Need Item.
ROLL CALL:
AYES: $YRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
It was moved by Councilman Byrd, seconded by Councilman Reyes to adopt
Resolution:
~ ~
RESOLUTION NO. 2001.009 '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ~LYNWOOD
AUTHORIZING THE APPROPRIATION OF ONE HUNDRED SIXTY-EIGHT
THOUSAND THREE HUNDRED AND EIGHTY-EIGHT DOLLARS FROM THE
UNAPPROPRIATED GENERAL FUND BALANCE FOR THE PURPOSE OF
CONDUCTING VARIOUS CITYWIDE SPECIAL EVENTS. ~
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
.NOES: NONE
ABSENT: NONE
It was moved by Councilman Reyes, seconded by Councilman By
Resolution: I
RESOLUTION NO. 2001.010
A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF
AUTHORIZING THE APPROPRIATION OF TWENTY-ONE THOUSA
HUNDRED AND SIXTY-NINE DOLLARS FROM THE UNAPPF
GENERAL FUND BALANCE FOR THE PURPOSE OF CONDUCTINi
CITYWIDE SPECIAL EVENTS.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
It was moved by Councilman Reyes, seconded by Councilman
Resolution:
RESOLUTION NO. 2001.011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUTHORIZING THE APPROPRIATION OF FORTY-SEVEN SIX HUN
SEVENTEEN DOLLARS FROM THE UNAPPROPRIATED GENET
BALANCE FOR THE PURPOSE OF CONDUCTING VARIOUS
SPECIAL EVENTS.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
to adopt
_YNWOOD
ID, SEVEN
~PRIATED
VARIOUS
to adopt
LYNWOOD
JRED AND
tAL FUND
(CITYWIDE
Perry Brent of Recreation discussed working on a Year Book for the City. Also
stated he is waiting on more directions for the 80th Birthday City event. Staff has
worked very hard with the day to day City events.
Mayor Richards stated he is very happy with everything especially with staffs work.
Also stated he would like to present a special pin to the Law Enforcement Officers
who served the City.
Councilman Reyes stated he would like to include Fathers Day.
Perry Brent of Recreation stated that the Fathers Day Program is included.
PUBLIC SAFETY
Decoy Car
Anti-Graffiti Camera
Captain Brazil stated that Lieutenant Herek would give a brief presentat~ on:
Lieutenant Herek explained that a Decoy Car is a 48-hour shift, and also stated
they are considering making the Decoy Car a longer shift. ~
3
Councilman Reyes stated he would like to purchase as many Decoy Cars as
possible. ~
i
Captain Brazil stated he would look into purchasing more Decoy cars for the city.
Councilman Rea stated he is very happy with the Decoy Cars.
Lieutenant Herek explained that the Anti-Graffiti cameras are motion detectors,
and that they have purchased five more cameras for the City.
Councilman Re es uestioned
y q the pace of the cameras, and would like to
purchase more cameras. i
Lieutenant Herek stated that the price is $22,000.00 for each camera. f
PUBLIC WORKS
Pilot Program j
Code Enforcement Manager Beal discussed the Code Enforcement Pilot Program
and indicated it is a success, would like to add part-time employees to full-time.
City Manager Davis stated he would like to have a Grant Fund for the Code
Enforcement Pilot Program.
Mayor Richards stated to bring back the Pilot Program for further discussion.
Councilman Rea stated there are too many young Code Enforcement Officers,
and he does not agree with adding two full-time Officers but utilize what is
available.
Mayor Richards thanked Code Enforcement Manager Beal for. her presentation.
Item# 5 PRESENTATION ON CLEAN AIR MANDATE
Mr. Pinzler is a clean air advocate who believes that there are other alternative
methods that can be employed to improve air quality. Mr. Pinzler is seeking the
support of the Lynwood City Council.
It was moved by Councilman Byrd, seconded by Councilman Reyes to authorized
City Manager to prepare a letter regarding the use of Electric Cars.
Councilman Rea stated he does not agree with the Clean Air Mandate Program.
ROLL CALL:
AYES: BYRD, REYES, SANCHEZ, RLCHARDS '~
NOES: REA ~
ABSENT: NONE
Item# 6 WATER f~~~AIN UPGRADE PROJECT, PROJECT NO. 5-5225
PURCHASE OF MATERIALS AND SUPPLIES THROUGH
INFORMAL BIDS
i
It was moved by Councilman Reyes, seconded by Councilman Byrd to adopt
Resolution:
RESOLUTION NO. 2001.012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES
AND PROFESSIONAL AND CONTRACTUAL SERVICES THROUGH
AN ..INFORMAL BID PROCESS FOR THE ALAMEDA STREET WATER
MAIN UPGRADE PROJECT, PROJECT NO. 5-5225
4
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: .NONE
ABSENT: NONE
CLOSED SESSION
;.
Assistant City Attorney Calsada stated with respect to every item of business to be
.: discussed in Closed Session pursuant to Section 54956.9: , .
A) Property Negotiator -Situated on portion of lots 120'and 63 and
lots 121 and 62 of Tract No. 2 of partition of a portion of the
Home Tract of Antonio Maria Lugo and Maria German Lugo.
It was moved by Councilman Reyes, seconded by Councilman Byrd and carried to
recess to Cbsed Session at 10:25 a.m.
Council reconvened at 11:25 a.m. '
Assistant City Attorney Calsada stated Council met on the aforementioned matters
on Item# 7 A) no reportable action.,
i
ADJOURNMENT
Having no further discussion, it was moved by Councilman Byrd, seconded by
Mayor Pro Tem Sanchez and carried to adjourn the meeting at 11:30 aim.
Paul H. Richards, Mayor
Andrea L. Hooper, City Clerk
5
•
LYNWOOD CITY COUNCIL SPECIAL MEETING
JANUARY 25, 2001
The City Council of the City of Lynwood met in a Special Session at 11330 Bullis
Road on the above date at 9:25 a.m. .
Mayor Richards presiding.
Councilmen Byrd, .Rea, Reyes, Sanchez, and Richards answered the roll call.
Also present were City Manager Davis, City Attorney Thever, City Clerk Hooper,
and City Treasurer Pygatt. .
City Clerk Hooper announced that the agenda had been posted in accordance
' with the Brown Act.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Arturo Snider stated he is requesting to move forward with Phase II, the Lynwood
Springs Project.
Subsequent Need Item: Lynwood Springs -Phase II Study
It was moved by Councilman Byrd, seconded by Councilman Reyes to approve
the Subsequent Need Item. ;
.ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES; NONE
ABSENT: -NONE
It was moved by Councilman Reyes, seconded by Councilman Byrd to appropriate
up to 20,000.00 thousand dollars for Phase II Environmental study.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
PUBLIC ORAL COMMUNICATIONS
NONE
Item# 5 CONSULTANT SERVICES
It w~a moved by Councilmar:~ Reyes, seconded by Councilm~in Byrd to authorize
Gity Manager Davis to negotiate with Goldmine for Housing related services and
Con~~munity Rehab Loan for City Council consideration.
ROLL CALL:
AYES: BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
•
1
CLOSED SESSION
.Assistant City Attorney Calsada stated with respect to every item of business to be
discussed in Joint Closed Session with Lynwood Redevelopment Agency pursuant
to Section- 54956.9:
A) Subsequent Need Item: Lynwood Marketplace
tt was moved by. Councilman Byrd, seconded by Councilma?n Reyes and carried to
recess to Closed Session at 10:30 a.m.
Council reconvened at 11:10 a.m_
Assistant City Attorney Calsada stated Council met on the aforementioned matters
on Subsequent Need Item: Continue to Council Meeting, on Tuesday January 29,
2001.
ADJOURNMENT
Having no further discussion,. it was moved by Councilman Reyes, seconded by
Councilman Byrd and carried to adjourn the meeting at 11:17 a.m.
Paut H. Richards, Mayor
Andrea L. Hooper, City Clerk
~ is
DATE: February 6, 2001
TO: THE HONORABLE MAYOR AND MEMB OF THE CITY COUNCIL
FROM: Ralph W. Davis, III, City Manag ~'
SUBJECT: APPROPRIATION OF REMAI FY 1996,1997 AND 1998
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS
ALLOCATED BY AB 3229 FOR FRONT LINE LAW ENFORCEMENT
SERVICES IN LYNWOOD
PURPOSE:
To have the City Council conduct a Public Hearing and after considering public oral and
written comments to adopt the attached resolution allocating the remaining $58,746
under the 1996, 1997, and 1998 AB 3229 funds to fund a Loud Party Enforcement
Detail.
BACKGROUND:
Assembly Bill 3229 directs the California State Controller to allocate $10'0 million to
counties and cities and certain special districts for the support of the Citizen's Option for
Public Safety. (COPS) Program. The ,COPS program provides" funding for local
agencies for the purpose of ensuring public safety.
The COPS has become an on-going program, requiring a new appropriation for
continued funding each fiscal year. The State Controller allocates funds to each county.
. The funds in each county are then allocated to cities. Funds allocated to cities must be
used for front line municipal police services and must supplement and not supplant
existing funding for front line municipal police services. Front line law enforcement
services include anti-gang and community crime prevention programs. These funds
.shall be appropriated pursuant to written requests from. the chief administrator of the law
enforcement agency that provides police services for that city. The request must
specify the front line law enforcement needs of the requesting entity including the
personnel, equipment and programs that are necessary to meet those needs.
ANALYSIS:
Based on staff's analysis the unspent AB 3229 for FY 1996, 1997, and 1998 is
estimated at $58,745. AB 3229 states that for each fiscal year in which the. city receives
any moneys pursuant to AB 3229 in no event shall the governing body of that city
subsequently alter any previous and valid appropriation by that body for that same fiscal
year. The City Council "appropriated FY 1998 AB 3229 funds in FY 1998. Then
reallocated the FY 1998 AB 3229 savings in FY 1999. This proposed reallocations of
remaining funds is within the requirements of AB 3229 since the City Council will not be
altering previous. appropriations made within FY 2000.
The Sheriff's Department recommends that the remaining AB 3229 funds be spent. for
Loud Party Enforcement Detail. (Attachment A)
Fiscal impact
Loud Party Enforcement Detail (Friday 17 weekends $58,901
& Saturda Weekend Detail sa 4 months
Less Available AB 3229 Funds from
FY 1996, 1997.., ,1998 $58,746
DIFFERENCE ($155)
RECOMMENDATION:
Staff recommends for the City Council to conduct a Public Hearing and after~considering
public oral and written comments to adopt the attached resolution allocating the
remaining $58,746 under the 1996, 1997, and 1998 AB 3229 funds to fund a Loud Party
Enforcement Detail.
bru101 reall
,~(3~>1TJ,36 I'I~ad
•
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOCATING
THE REMAINING $58,746 UNDER THE 1996, 1997, AND 1998 AB 3229! FUNDS TO
FUND A LOUD PARTY ENFORCEMENT DETAIL.
WHEREAS, Assembly Bill 3229 directs the California State Controller to allocate 51.00
million appropriated by the Legislature to counties and cities and certain special district for the
support of the Citizen's Option for Public Safety (COPS) Program; and
WHEREAS, funds allocated to cities must be used for front line municipal police services
and must supplement and not supplant existing funding for front line municipal police services;
and.
WHEREAS, the City Council shall appropriate existing and anticipated moneys
exclusively to fund front line municipal police services in accordance with written requests
submitted by the chief of police of that city or the chief administrator of the law enforcement
agency that provides police services for that city; and
WHEREAS, there remains an estimated $58,746 under the 1996,. 1997, and 1998 AB
3229 funds available for appropriation; and
WHEREAS, this proposed reallocations will not impact any previous appropriations by the
City Council in FY 2000; and
WHEREAS, the County Sheriffs Department recommends for the funds to' be used to
implement a Loud Party Enforcement Detail. '
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
LYNWOOD, STATE OF CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOW:
SECTION 1. That the Ciry Council approves the allocation of the remaining FY 1996,
1997 and 1998 AB 3229 funds for the implementation of a Loud Party Enforcement Detail.
SECTION 2. That this resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this day of , 2001.
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
City Attorney .
Paul H. Richards, 11, Mayor
City of Lynwood
Ralph W. Davis, III, City Manager
brul0l reall
•
~, . __
~ ~ ~hPriff~S ~P.~~rfmPnt ~Pn;3~nnrtPr~
~` --~ 47IIII 3~nmunn ~uu1P~7r~
y ,
-~An~rPU ~nrk, C~nlifurnin 91c 4- X163
LEROY D. BACA, SHER1Ff
(3.23) 567-8121
December 26, 2000
Mr. Ralph W. Davis III, City Manager
City of Lynwood
11330 Bullis Road
.Lynwood, Ca. 90262
Dear Mr. Davis:
t,~ a~ ~a., ~~
°`~~ ~t~~
~+
~(/FORM~p
RECOMMENDATION FOR EXPENDATURES OF ASSEMBLY BILL 3229 FUNDS
Per your request and the requirements of the program established under-State Assembly
Bill 3229 (Citizens Option for Public Safety or "COPS")
following program for the remainder of the BRULTE funds awarded to the Ci gofe
Lynwood:
The implementation of a Loud Party Enforcement Detail for the next six months,
January 2001 to May 31, 2001. The Detail would consist of a sergeant and three
deputies on Friday and/or Saturday evenings from 7:00 P.M. to 3:00 A.M.
As you know, the City experiences an enormous amount of loud party calls, particularly
on the weekends. For example, on Saturday, December 23, 2000, Century Station
received 35 loud party calls within a three hour period. In addition to these calls,~the
Station receives a majority of its emergent and priority calls for service during the
evenings and on the weekends, extending the response times to loud party calls.. The
ave~age response to loud party calls average from 40 minutes to over three hours..
Be~.3use of the quality of life issues associated with loud parties, the community members
of Lynwood have expressed their desire that a peaceful community be maintained. I
recommend that the City of Lynwood make available BRULTE funding for a Loud Party
Enforcement Detail.
i
~ ~ra~fion of c~erulce
• •
SUBJECT: EXPENDATURES -2- December 26 ?
000
The following table is a cost model for the recommended personnel associated with this
program:
PERSONNEL PERSONNEL NUMBER OF .
EIGHT HOUR TOTAL FOR A FRIDAY
. HOURLY RECOMMENDED SHIFT TOTAL AND SATURDAY
RATE PERSONNEL PER WEEKEND
EIGHT HOUR SHIFT
SERGEANT $62.74 i $501.92
DEPUTY $51.27 $1,003.84
TOTAL COST PER WEEK ~ $1'2'0'48 $2,460.96
$1,732.40 $3,464.80
The Lynwood Law Enforcement Team here at Century Station and I thank you for the
opportunity for us to discuss .our strategy. for.loud party complaints and' the potential
effect that it will have on the .quality of life to the residents of the City of Lynwood.
. Sincerely,
LEROY D,,B~,CA;._SHERIFF --
~~~ Ke th J. raz~ aptain
Com nder, Century Station
WAVE NEWSPAPERS • Monleiey Park/Alharnbra/Seh Ga briel/Rosemead/EI Monte Pr
ogress•Posl-Advocate • MonlebellNPico Rivera/Santa FeSpnng News • Whittier Independe-
• • LEGAL
NOTICES
(( LEGAL NOTICES LEGAL NO'T'ICES
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Krsidintiall nmr. l.pnNnod. C;dilimtia. Lrgnl dr-
,iriplinn,;vi un file m the Planning Division.
Envlrnnntrmal Assnsnirni:C:higorirtll)' E.arnpt
\m pcnun intrreslcd in eapresiing an opinion un
Ihr, mater ie incited to attend the puhlic hranng
and ollrr tc,linnrrn in ,uppon ul: or in the opplni-
h,mil,. Ihr pnqusrd upplictlion.
K-? t Iwo-FanulY re,ldrmialt ion.. I ~nuond. C:d-
ili,ntis. Thr prol,r rty i, eurrendc girt rloprd teeth
an r\i,lirn• ,in~le f:nnilc dtcvllinc and drtachill
aartec un Ihr rear h;llf ul the pruprnt. Lceol di-.
uriptinn, ;rn• on file rn Ihi I'hmnim; 1)ieision.
Inciniiuninlal :1s,isntrnCCaticu~icalh~ F.\cmpl
~\nt' prnnn intcn•,lid in +ytrrseng un upinum rn
Ihrs mete' i ineitcd u. aucnd Ihi puhhi hi;ualn,
and otirr Ic,lnnnltc in wppnn nL or m Ihr nppo,i
lino to. Ihi propu,id ;Ippl:ralinrt.
Jj;\"Il-.: FrtiruarY Ii, ](X)I D:1'I"F: hrhnturc I~. ?Ixtl
~I~I\th.~ - 6:1(1 P.~1., u(;n ,Doti thcrca(lrr as Ihi fi\Iti: h: ill 1'.\t.. nr ~;t, won Ihrr.:dirr a, the
-.. matter can hr heard. maucr c:m hr heard.
. I'L:\('f' ('ire I{all Council Chanthrr, PLACI~: City IIalhCnuui it Chamber.,
I I iiU liulli3 ko;td I I yin ifulli, Kuad
Lvneulxl Ca 9U_'6? Lcnu uud (:I ill l_'h_'
_ ~lmnnr wishing to nllrr tcctimonr lift or against
the Ilrl ~pn,ril uppliimion n&n' N7ile In :Ihc Cnm-
Inunlh f)criioprttrnl 17ircnor al Ilii(1 k3ulli_.
ito;,,l. I_rnw'i,od. California 9q'(t'
-\II pn,i eedings to the ahocc applications will hr
in cnnlorgrmce Nilh the Lrntcood \tunirtpal
Cralc. n, antcnJed.
I);ui(I lhi ISth d:n-ol J;uwarv.2($)I
13t: (ian' Chicnt.,. P)irccntrr,l Conununite Detrl-
„pmrnt Urpanntem
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I'KI:\'I'1O.\ti OFKI•:~I:\INING FUVI)ti
1.\UF:K I•TtiC' V,1'C:}K 1996-1997, 1998
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SI:K}'IC'Fa IV 1.1'N11'OOD
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:i) u(thr (-in nl I cntt o„d. (-uliihnu^ ,rill condu^
;, puhlic hrari m, h~ i„n,idrr :utJ.dilcrm uti am ri-
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cd Gn~ tarot linr'law inioru ntrm sen~icr,. '1hc,r
rcyui,l, anutl spreift' tltr Innu lint law in(orce.
ntdm niiih yl the rrqursting rmity ;uul Ihmc pir-
u,nnrl. rqugnnrm. and pn'grum Ih:n arc n~~ics,a-
r_c nr ma•I flu„e nerd,. Pror,t line I:nc ern itrirmem
,cniri, mrludr antig:mg and cornmunitt irinti
prctrnur•n j,n,crum. .
C'ndir Ihr Aormhl\ Bill i'?y. the SLnr Li~~iala-.
uni Inund Ihallhcrc i, a c'omprllin_ need (I~r addi-
III m:d r. ,uun'i, to he applied at Ihr local Irt el, li,r
ihi I,urhlnr of rnwring puhlic s;dclc. \9unit, are
atlncucil to cuumic, ;uxl relic, in aicnrdanic tt ilh
rt_ pr~,lll,rul~mn;: ,hare of the ,talc', total pnpula-
Ilai ihal ri ,rdr, m rac'h counts urim.
the hi::nic• ,tlH.laV.i plan nn llri,tlat.l'lilikl~-
\Ia n _Iti!! al,haxip.nt.or:l„nnnlhcrr:dtera,
I,,.„rhlr. in Ihi annrcll Ch:nnhrn of Cile hall. -
! I ;:u liulli, IL,aJ.l.vnwond. Culihmua.
I(tlnl rhluirr luuhirinlonnanlm ahem this mai-.
fir. tau ntar iuntoit Alike 1h'hna .^ lillll NIZ-
i i'?n.
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r.4\ndria I_. Ilunprr. Cllt ('Irrk
Pub.: l:ut. ' <. 't x I I -
Lvmvunl Prr„
A^COIh- Vt I, IIIII ~~ III UII(•r ICblllll D!11' ti,r nr a,•:IIII,I
thc• prnpuced uppiicmion mat tcrite to Illy ('oar
nuuult Urtrlopminl Ihrr,lnr nl II 1.711 Hulll,
kuad. l.crnt ood. Caliliunia 9U'h].
All pn,eci,liugs to Ihr ahotc apphioliun, trill br
iit cun(urntartcc with the L_,nwolyd\luniripal
Cndr, u, :micndrd.
D:urdthi I;ilh clot ofJanuan.'(N)I
Rt: Gan Chians. I)irrc'tor Irl Comnmmtc Uetcl-
npntrm Urlianmrnt
Lvmvood Pits,
LI'IVIAIItO
NOTICE TO CREDITORS OF BULK SALE
- iUCC SH 1t05
ES~fOwN ~- 23775MW
NOTICE IS HEREBY GIVEN liiat a b, In ,,tlr, ~~ about
to b5 made The namets! and buslness eCbr~~ssies:
of the sellerysi Isiaru' SAABE MANAGEMENT COM-
PANY, INC..'A CALIFORNIA CORPORATION, UN•
DRAY BAKER, PRES., UNDRAY BAKER AND LISA
WILLIAMS-BAKER, 159 E. COMPTON BLVD.,
COMPTON, CA 90221
Dc:r:g Lusmessas SUBWAY #12260, 159 E. COMP•
TON BLVD., COMPTON, CA 90221
AIb ;~Iher buslness name!sl an.7 ar,desslesl uKed nv
the seller,st wrthrn the pas three veals_ as s!nte,7 by
the seller(sr.,s'are NONE
Thl: location tit Cahforma of the Cheer E•ecu;rve Office
of the celier Is: 6709 LA TIJERA BLVD.. N625. LOS
ANGELES. CA 90604
Thr, narne(sl and buslnr-ss address of ahe trl,ycr(sl
is/are AMAN SERI AND VANDANA BERT, 11909
EDDERTON AVE., WHITTIER. CA 90604
AILL FURNITURE, sFIXTURESr eEOUIPMENITc AND
FRANCHISE RIGHTS
and arc located at: SUBWAY #12260, 159 E. COMP•
TON BLVD., COMPTON. CA 90221 -
The bWk sole ,; Intended to ov [onsorn^,atf;~a ^; the
once o!
DISCOVERY ESCROW COMPANY, '7777 CENTER
AVE., STE. 440: HUNTINGTON BEACH. CA 92647
ans the ;,nllcipated sa:e r;ale Is 13fEBRUARY 2001
Thr, bulk sate ~s sutaea to Cahfonua Unilorm Conl-
meiae! Code Section 610(1.
Thr_.. name and address n! R•e peaon with whom
claims may be fled is DISCOVERY ESCROW COM-
PANY, 77Y7 CENTER AVE., STE. 440, HUNTING-
TON BEACH, CA 92647 an~:7 uu:last nay Ira (ulno
cl:-:ns by any creducr snail be 09 FEBRUARY 2001
whr,:h IS Vte business de': nn(o2 the ardlG paced Sal^
dar: soeclfied above -
G.;tad~ 10 JANUARY 2001
SAABE MANAGEMENT COMPANY, INC., BY UN-
DRAY BAKER, PRES.. UNDRAY BAKER AND LISA
WILLIAMS-BAKER, SELLERS; AMAN BERT AND
VANDANABERI
Buyerjsi
PCTS Lit052151 LYNWOOD PRESS 25 JANUARY
2001
Pub.:Jan. 25, 2001 '
Lynwood Press
No.;LPW9121
`+ Of LL15 1h
~oJ, ~ I,~i~(N County of Los Angeles
Department of the
~-5'• Trsaacnrnr and Taw /~nllnntnr
l:hi .South (i;ni ('llt 1'lavoln_~ (~ununl„I,al tt III
iundua a Ittthlii hiarn_ Iln nmr (ham_i A'~, "I.
ti i;r !'Ian ..\.t. 'U I .lntrnunt. ni \I~. I ,rnJ i~,mJi
tiunal F,r Pirmrl \~I,. h~v';t l:n•ndul:m \'„ -J
which pn qn„r, t,. ihan,'c Ihi n,u: of ('_.; IGrnrr.ll
(lmunerci:d III, (:-,A1 IConune rcial-,At:umtnculr
inc 1 in ordi•r u, ally,, her a `Lill ,yuarc Innli ar
teach ;unf drtailnt_ ^, ;m rvvn,L ;rnnri ,uurnn
w llh none m tfl..'I ,cithout aiu,nl~l ..I'i. l h~ ud,
,Ira i, I,calul n'1`li.; I.nn ~.li~ath Iiouktanl.
:1 copy n(Ihi Uralirfinal A'i _. ~: .. I>ri lataunn
IPrclimrnan h.m l^um'an.ll :\,ar„Inrnl \o. IilrUi
^rr nn Illy onJ .It allar,4 for puhlic iny>,itu,n ti~,t
office nl Ihr Cl,nnuluut)~ Dr,chq,nn~n~- I)ipanlncol
loi:nid Sh>U (`.tlil,~. ~n;l :\t roar .lnuln (i:nr. Cal
(ono a.
I'uhli il,lnmim,~:q,l,ral. In the control, n(Ihi,
i trap ,\r~auti I ki hualhm nta\' hr ,uhnnnrll lu
tt ritiue I.• the Uel,.lnmi ul tit (-Innnumite I)etelnp-
ntim aI lift alldri" ,I,, relied ai,ot e. Jurun- the rr.
ycn~id p;...,r Ict r,,, pit Ind inch un Fchru;ot n
_INII. ~ '
l'Ipll.: 'axe I'V1
lhr~aat, hrhruan- n. ?lxl I
PLACE: (51y hall Council Chanthir
VhiU Calitontia ..-A, ~•nui -
Jnwh (iati. Calill,mi;l
:111 pi nun. im.rc,tid In Ihi, m:ntrr ore Inanrd In
k•,tili' I,r pn'x•nt rttdi nit upon anv maucr rrhnin:_
dtircto
l ht, nnuie i, ,~n at h, nrJir of Ihr ticcrctarr ui
dti (-ilt' I'I:uuun~ l-nnunl„out ^nd is datcJ dti,
lii~hlri lllh Jat ,II lanu,ln 'lxll.
II tau raµnrr tiu~thir Innu~r n;u u,n antccrninc the
ehlc tlhtirl.I,IL.I,t'urtll.hllht.tiUlldl{ IICUr
punnt'n .,I l~nnlnnurilt Ur, rL pnn'm nl.. 'iLSn i.
,i>'~.
HUtil[V \I. i.Ul'I~./. ~i cri cut ('ilt
Plannm,'C„coon„n~II .
Slnnh (i;ur,l 4.r,.
NOTICE TO CREDITORS OF BULK SALE AND OF'
INTENTION TO TRANSFER ALCOHOLIC
BEVERAGE LICENSE(S)
(l1CC Sec 6705 et seq. and 8 R P Ser. 24073 et
~eq ! (_:: rrl„v Nd.3227•CK
NOTICE IS HEREBY GIVEN that a bulk sale of as.
sees and a v;inSler o! alcoholic beverage Ilesnse(s1 Is
about'to be n,,atle Tenn narnc(sl. Social Secudly or
Feuerol Ta<, ,'Vern ner5 ;ulrt busness address of the
se6er, sllll;:ens'ej St ;tee JIN YONG KIM, 450-45d E.
SEPULVEDA BLVD., CARSON, CA 90745
GouuJ unsu,ess ac JIN HUI RESTAURANTSS '
KARAOKE
111 I`IhPI nIISIII f!C.5 1'llrnr151 SI :I n(7 addle 55(e$f 111r?d ny
the sealed s:h;:mtstrul s)'.vuhul ;he past three Years as
slated ny !tie sel!erls i%Iln;nsr•clsl. iti'are. NONE The
nanl,:is{, Sncml Sec:unly or Federal Tax numbers and
adul<ae tit Ihf~ uuvertsliapuhcanti s) Isiare LAUREN
Y. LEE. 1127 23RD ST., p2, SAN PEDRO, CA 90731.
The assets bentq srld are yenorally described as
FURNITURE. GOODWILL TRADENAME. LEASE•
HOLD IMPROVEMENT, COVENANT NOT TO COM-
PETE TOGETHER WITH ON-SALE.GENERAL EAT•
ING PLACE LICENSE M47-267266
and arc 'rratec7 ;n. 450.454 E. SEPULVEDA BWD.,
CARSON, CA 90745
The byoe and nurnner tit du:ensc to be translerred
a%ani Tyu~= ON-SALE EATING 'PLACE, License
Numhor: 47-267266 ,
now Issu~;U Ire Ihi: pr~:n~.ls, r; lor,;tler, :u SAME
Tha bulk sale and Ir nsic+ nr nlrohulic be varaye In
CY. rI~(,-a) 19:2r= um:nnr,J tq hr; runsuinmalbd at the ob
Ilre o! BEST ESCROW COMPANY, 146 W. BAS-
TANCHURY ROAD. FULLERTON, CA 90835 rend
thG anl,cr,,;r.r.,t s;;:,. r;;lte „ 21 FEBRUARY 2001
ThE, purr:WSE, unr'e u' rnns,Ueraion In donnachon
wan Ihf; sale ~; the ~ u5tnesL unU Irenslnr t~l the li-
cense. ~s the surd I,I ;. 35:000.00. mcludutq Im.entnry
esu;riated a7 S -0-. wr rn cansls75 nl (he foliuwn v7
CESCRIPT!ON, ArAGlirdl
BUYER'S DEPOSIT IN .ESCROW, 522.500.00; DE-
MAND NOTE TO BF, REPLACED BY CASHIER'S
CHECK. 572,500.00
t nas Dt,en '3 f) Ei:d bl-rw Il Ihf sbl nf(S]/IlcenS .f ( j
.I I 'h f I' I i f Si r,Ir SfCrCH(5), .iS 1(.1 -,H
t $n,. r7 - ti I h '. tic SS I t 1 Prolessor s rc lr
Ir II Ihr 1 lur. cal t .• Ir,tnsfH r 1 IhebuS ness .Inn
!ICHIISI: ~"~ Ire hr: ;~In ,:IiJ aIIF.r Ihn [ranSler h
- as hbr•n
•
AB 3229
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BILL NUMBER: AB 3229
BILL TEXT
PAGE 1
CHAPTERED 07/10/96
CHAPTER 134
FILED WITH SECRETARY OF STATE JULY 10, 1996
APPROVED BY GOVERNOR JULY 10, 1996
PASSED THE SENATE JULY 8, 1996
PASSED THE ASSEMBLY JULY 8, 1996
AMENDED IN SENATE JULY 8, 1996
AMENDED IN SENATE JUNE 11, 1996
AMENDED IN ASSEMBLY MAY 24, 1996
AMENDED IN ASSEMBLY APRIL 24, 1996
INTRODUCED BY Assembly Member Brulte and Senator Lockyer
(Coauthor: Assembly Member Bowen)
(Coauthor: Senator Wright)
FEBRUARY 23, 1996
An act to add Chapter 6.7 (commencing with Section 30061) to
Division 3 of Title 3 of the°Govemment Code, relating to local
government finance, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE .COUNSEL'S DIGEST
30 AB 3229, Brulte. Local law enforcement: supplemental funding.
31 Existing provisions of the California Constitution and related
32 implementing statutes provide for the imposition of a specified
33 statewide sales and use tax rate, and require that the revenues
34 derived from that rate be allocated to qualifying local agencies, as -
35 described, to supplement otherwise available funding for local public
36 safety services, as defined.
37 This bill would require the Controller, pursuant to written
38 requests from a county or city and county, to allocate $100,000,000,
39 which is appropriated by the Budget Act of 1996, to counties, cities,
40 and a certain special district in the County of San Mateo, for
41 purposes of the Citizen-=.Option for Public Safety (COPS) Program
42 established by this bill.
43 This .bill would;, pursuant to the COPS program, require all Local
44 Law Enforcement Fund moneys allocated to a county pursuant to this
45 bill to be deposited in a Supplemental Law Enforcement Services Fund
46 (SLESF), as provided, for allocation in accordance with specified
47 formulas and procedures to the county sheriff, district attomey, the
48 county, cities, and a certain special district in the County of San
49 Mateo, to be expended exclusively, except as otherwise provided for
50 certain counties with respect to misdemeanor prosecutions, for county
AB 3229 PAGE 2
1 jails, police, sheriff, and district attorney services. This bill
2 would require a city receiving a SLESF allocation to deposit that
3 allocation in its own SLESF, prior to expending those moneys as
4 required by this bill. This bill would, as provided, require each
5 county auditor and city treasurer to regularly report with respect to
6 SLESF allocations to, among other local bodies, a Supplemental Law
7 Enforcement Oversight Committee (BEFOG) established in each county,
8 and would also require -each SLEOC to at least annually review
9 expenditures by local law enforcement officials of SLESF moneys. By
10 imposing additional, duties upon local officials in connection with
11 the administration of a city or couhty SLESF, this bill would impose
12 astate-mandated local program.
13 The California Constitution requires the state to reimburse focal
14 agencies and school districts for certain costs mandated by the
15 state. Statutory provisions establish procedures for making that
16 reimbursement, including the creation of a State Mandates Claims Fund
17 to pay the costs of mandates that do not exceed $1,000,000 statewide
18 and other procedures for claims whose statewide costs exceed
19 51,000,000.
20 This bill would provide that,. if the Commission on State Mandates
21 determines that the bill contains costs mandated by the state,
22 reimbursement for those costs shall be made pursuant to these
23 statutory provisions.
24 This bill would declare that it is to take effect immediately as
25 an urgency statute.
26
27
28 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
29
30
31 SECTION 1. (a) The Legislature hereby finds and declares that
32 there is a compelling need for additional resources to be applied at
33 the local level for the purpose of ensuring public safety, and to -
•
34 that end the Legislature hereby enacts the Citizen's Option for
35 Public Safety Program (COPS).
36 (b) In light of the. Legislature having appropriated one hundred
37 million dollars ($100,000,000) in the Budget Act of 1996 for the
38 support of the COPS program in the 1996-97 fiscal year, the
39 Controllershall allocate those budgeted moneys among each
40 Supplemental Law Enforcement Services Fund (SLESF), established by
41 each county and city and county pursuant to subdivision (a) of
42 Section 30061 of the Govemment Code, in accordance with the
43 proportionate share ofthe state's total population that resides. in
44 each county and city and county, as determined on the basis of the
45 most recent January population estimates developed by the Department
46 of Finance.. The Controller shall make all disbursements upon. the
47 request of an individual county or city and county that has
48 established a SLESF, and has established an oversight committee
49 pursuant to Section 30064 of the Government Code for the 1996-97
50 fiscal year no later than September 15, 1996.
--------------------------------------------------
AB 3229 PAGE 3
------------------------------------------------------
1 SEC. 2. Chapter 6.7 (commencing with Section 30061) is added to
2 Division 3 of Title 3 of the Government Code, to read:
3
4 CHAPTER 6.7. SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDING
5
6 30061. (a) There shall be established in each county treasury a
7 Supplemental Law Enforcement Services Fund (SLESF)., to receive all
8 amounts allocated to a county for purposes of implementing this
9 chapter.
t0 (b) In any fiscal year for which a county receives money to be
1 1 expended for the implementation of this chapter, the county auditor
12 shall allocate .moneys in the county's Supplemental Law Enforcement
13 Services Fund (SLESF), including any interest or other return earned
14 on the investment of those moneys, within 30 days of the deposit of
15 those moneys into the fund, and shall allocate those moneys in
16 accordance with. the following requirements:
17 (1) Twelve and one-half percent to the county sheriff for county
18 jail construction and operation.
19 (2) Twelve and one-half percent to the district attorney for
20 criminal prosecution.
21 (3) Seventy-five percent to the county and the cities within the
22 county, artd, in the case of the County of San Mateo, also to the
23 Special District of Broadmoor, in accordance with the relative
24 population of the cities within the county and the unincorporated
~F
,X
~ ~
25 area of the county, and the Special District of Broadmoor in the
26 County of San Mateo, as specified in the most recent January estimate
27 by the population research unit of the Department of Finance. No
' 28 person residing within the Special District of Broadmoor shall also
29 be counted as residing within the unincorporated area of the County
30 of San Mateo or within any city located within that county. Moneys
31 allocated to the county pursuant to this subdivision shall be
32 retained in the county SLESF, and moneys allocated to a city pursuant
33 to this subdivision shall be deposited in a SLESF established in the
34 city treasury.
35 (c) Subject to subdivision (d), for each fiscal year in which the
36 county and each city, and the Special. District of Broadmoor, receives
37 .moneys pursuant to ..paragraph (3) of subdivision (b), the county and
38 each city shall appropriate those moneys in accordance with the
39 following procedures:
40 (1) In the case of the county, the county board of supervisors
41 shall appropriate existing and anticipated moneys exclusively to
42 provide front line law enforcement services, other than those
43 services specified in paragraphs (1) and (2) of subdivision (b), ih
44 the unincorporated areas of the county, in response to written
45 requests submitted to the board by the county sheriff and the
46 district attorney. Any request submitted pursuant to this paragraph
47 shall specify the front line law enforcement needs of the requesting
48 entity,. and those personnel, equipment, and programs that are
49 necessary to meet those needs. The board shall, at a public hearing
50 held in September-in each year that the Legislature appropriates
AB 3229 PAGE 4
1 funds for purposes of this chapter, consider and determine each
2 submitted request within 60 days of receipt, pursuant to the decision
3 of a majority of a quorum present. The board shall consider these
4 written requests separate and apart from the process applicable to
5 proposed allocations of the county general fund.
6 (2) In the case of a city, the city council shall appropriate
7 existing and anticipated moneys exclusively to fund front line
8 municipal police services, in accordance with written requests
9 submitted by the chief of police of that city or the chief
10 administratorof the law enforcement agency that provides police
t 1 services. for that city. These written requests shall be acted .upon
12 by the city council in the same manner as specified in paragraph (1)
13 for county appropriations..
14 (3) In the case of the Special District of Broadmoor, within the
15 County of San Mateo, the legislative body of that special district
16 shall appropriate existing and anticipated moneys exclusively to fund
... • V
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7 front line municipal police services, in accordance with written
8 requests submitted by. the chief administrator of the law enforcement
9 agency that provides police services for that special district.
0 These written requests shall be acted upon by the legislative body in
1 the same manner specified in paragraph (1) for county
2 appropriations.
3 (d) For each fiscal year in which the county, a city, or the
4 Special District of Broadmoor within the County of Sari Mateo receives
5 any moneys pursuant to this chapter, in no event shall the governing
6 body of any of those recipient agencies subsequently alter any
7 .previous, valid appropriation by that body, for that same fiscal
8 year, of moneys allocated to the county or city pursuant to paragraph
9 (3) of subdivision (b).
0 30062. (a) Except as''required by paragraphs (1) and (2) of
subdivision (b) of Section 30061, moneys allocated from a SLESF to a
2 recipient entity shall be expended exclusively to provide front Iirie
3 law enforcement services. These moneys shall supplement existing
services, and shall not be used to supplant, any existing funding for
law enforcement services provided by that entity.
{b) In the Counties of Los Angeles, Orange, and San Diego only,
the district attorney may, in consultation with city attorneys in the
county, determine a prorated share of the moneys received by the
district attorney pursuant to this section to be allocated to city
attorneys in the county in each fiscal year to fund the prosecution
by those city attorneys of misdemeanor violations of state law.
(c) In no event shall any moneys allocated from a SLESF be
expended by a recipient agency to fund either of the following:
(1) Administrative overhead costs in excess of 0.5 percent of a
recipient entity's SLESF allocation. for that year.
(2) The costs of any capital project or construction project
funded from moneys allocated pursuant to paragraph (3) of subdivision
(b) of Section 30061 that does not directly support front line law
enforcement services.
(d) For purposes of this chapter, 'front line law enforcement
-- -------------
AB 3229 PAGE 5
1 services" and 'front line municipal police services" each include
2 antigang and community crime prevention programs.
3 30063. (a) The Supplemental Law Eriforcement Services Fund (SLESF)
4 rn each county or city is to be expended exclusively as required by
5 this chapter. Moneys in that fund shall not be transferred;to, or
6 intermingled with, the moneys in any other fund in the county or city
7 treasury, except that moneys may be transferred from the SLESF to
8 the county's or city's general fund to the extent necessary to .
9 facilitate the appropriation and expenditure of those transferred
10 moneys in the manner required by this chapter.
11' (b} Moneys in a SLESF may only be invested in safe.and
12 conservative investments in accordance with those standards of
13 prudent investment applicable to the investment of trust moneys. The
14 treasurer of the county and each city shall provide a monthly SLESF
15 investment report to either the police chief or the county sheriff
16 and district attomey, as applicable.
17 (c) The county auditor and city treasurer shall monthly detail and
18 summarize allocations from the county's or city's SLESF, as
19 applicable,. in a written,-public report filed with the Supplemental
20 Law Enforcement Oversight Committee (BEFOG), the county board of
21 supervisors or city couricil, as applicable, and the county sheriff or
22 .police chief, as applicable. On or before September 1, 1998, and
23 annually on or before September 1 thereafter, the county auditor and
24 each city treasurer shall file with those entities or persons
25 specified in the preceding sentence a consolidated written report, of
26 the same nature as the monthly report required pursuant to the
27 preceding sentence, with respect to SLESF allocations for the
28 entirety of the immediately preceding fiscal year.
29 30064. (a) There is irneach county a Supplemental Law Enforcement
30 Oversight Committee (BEFOG), consisting of five members as follows:
31
32 (1) One municipal police chief.
33 (2) The county sheriff.
34 (3) The district attorney.
35 (4) The county's executive officer.
36 (5) One city manager.
37 (b) (1) The cities in each county shall organize as a city
38 selection committee for the purposes of appointing a city manager and
39 a municipal police chief to the Supplemental Law Enforcement
40 Oversight Committee. Each appointment shall be made by. not less than
41 a majority of aft .the cities in the county having not less than a
42 majority of the population of all the cities in the county. For
43 purposes of the preceding sentence, population figures shall be
44 determined on the basis of the most recent census data developed by
45 the Department of Finance.
46 (2) The SLEOC shall determine whether recipient entities have
47 expended moneys received from the Supplemental Law Enforcement
48 Services Fund (SLESF) in compliance with this chapter. For this
49 purpose, the SLEOC shall at least annually review the expenditure of
50 SLESF funds by city police departments, the county sheriff, and the
AB 3229 --------- -
PAGE 6
1 district attorney, and shall make .its annual review report available
2 to the public.
3 30065. In no event shall this chapter be construed to affect in
4 any manner the public safety service allocations required by Chapter
' S 6.5 (commencing with Section 30051).
6 SEC. 3. Notwithstanding Section 17610 of the Government Code, if
7 the Commission on State Mandates determines that this act contains
8 costs mandated by the state, reimbursemen. to local agencies and
. 9 school districts for those costs shall be made pursuant to Part 7
10 (commencing with Section 17500) of Division 4 of Title 2 of the
1 t Government Code. If the statewide cost of the claim for
12 reimbursement does notexceed one million dollars ($1,000,000),
13 reimbursement shall be made from the State Mandates Claims Fund.
14 Notwithstanding Section 17580 of the Government Code, unless
15 otherwise specified, the, provisions of this act shall become
16 operative on the same date that the act takes effect pursuant to the
17 California Constitution.
18 SEC. 4. This act is an "urgency statute necessary for the immediate
19 preservation of the public peace, health, or safety within the
20 meaning of Article IV of the Constitution and shall go into immediate
21 effect. The facts constituting the necessity are:
22 In order to provide timely and critically needed fiscal resources
23 and legal authority to local agencies that will assist those agencies
24 in keeping the peace arid maintaining public safety, and to safeguard
25 the life and property of each and every California citizen, it is
26 necessary that this act take effect immediately.
C7
DATE: February 6, 2001
TO: Honorable Mayor and Members of ~ Counci
FROM: Ralph W. Davis III, City Mana
Gary Chicots, Community Develop ent~ ~ ector
L/
BY: Grant Taylor, Senior Planner
SUB]ECT: Zoning Ordinance Amendment No. 2000-05
. Civic Center Area Overlay Zone
RE UEST
:The Community Development Department is requesting approval of a Civic Center Area as
an overlay zone in order to encourage orderly, attractive and harmonious development
and land use of public and private properties within the area roughly bounded by Martin
Luther King Jr. Boulevard to the north; Platt Avenue to the south; Birch Street to the west;
.and Ernestine Avenue to the east.
DISCUSSION
The proposed .Zoning Ordinance Amendment (ZOA) would add Section 25-36 to the
Lynwood Municipal Code (LMC). Residential land uses and zoning designation are not
included. Proposed properties within the Civic Center area include:
• City owned Properties
• County Library
• Lynwood ..Unified School District Properties
• ~ Auto Service/Repair and Restaurant (southeast corner of Martin Luther King and Bullis)
• St. Francis Hospital
• National, Guard .Property
The ZOA would prohibit intensive and/or obtrusive land uses such as automotive uses,
cocktail lounges; nightclubs, billiard halls, churches and motels/hotels. Any new land use
or change of occupancy would require Site Plan Review approval pursuant to LMC Section
25-32. Expansions or significant alteration of buildings over twenty-five percent (25%) of
the gross square footage. would- require approval of a conditional use permit pursuant to
LMC Section 25-25.
The Civic Center Area Overlay Zone would allow the City greater control over land uses,
design, landscaping, materials, colors, and other architectural elements to verify and
create a common theme for this area. The ordi~ :ante proposes to require submittal of
material and color samples for review and approval by Planning staff, the Planning
Commission. and the Lynwood Redevelopment Agency.
The proposed ZOA contents include the following sections:
25-36..1 Purpose and Scope
25-36.2 Boundaries of Civic Center Area
25-36.3 Uses Permitted
25-36..4 Uses Prohibited
25-36.5 Site Plan Review
25-36.6. Conditional Use Permit
25-36.7 Design Review
25-36.8 Color Review
\\I,YN_SRVI\VOL3\1VORDFILEIPLANNING\STAFFRPT~zoa2000-OS.cca.doc 1
~ ~'
At3EN t.)A I'T'~d
25-36.9 Lot Area Requirements
25-36.10 Lot Width Requirements
25-36.11 Lot Depth Requirements
25-36.12 Building Height
25-36.13 Yard Requirements
25-36.14 Off-Street Parking and Loading
25-36.15 Landscaping
25-36.16 Sign Regulations
25-36.17 City of Redevelopment Agency Property
25-36..18 Appeals
r:
The City is in the process of preparing a Strategic Plan with goals and policies in
accordance with the Lynwood General Plan. The Public Works Department is preparing
improvement to the .street and public right-of-way area on Bullis 12oad.' The City is
negotiating with a street furniture company..;Proposed land uses and development in the
Civic. Center Area would be reviewed for consistency with all these plans to assure 'a
common theme, orderly development and attractive aesthetics.
RECOMMENDATION
Staff respectfully .requests that the City Council open the .public hearing, accept any public
testimony, certify .the negative declaration, and approve Zoning Ordinance Amendment
No. 2000-05 establishing and implementing a Civic Center Area Overlay Zone.
Attachments:
1. Ordinance
2. Civic Center Area Map
3. :Negative Declaration/Initial Study
\\LYN_SRV1\VOL3\WORDF[LE\PLA~;DING\STAFFRP"Ilzoa2000-OS.cca.doc 2
i •
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
CHAPTER. 25 OF THE LYNWOOD MUNICIPAL CODE BY ADDING SECTION 25-36
THEREBY ESTABLISHING A CIVIC CENTER AREA OVERLAY ZONE.
WHEREAS, an overlay zone is established in order to encourage an orderly and
harmonious development of public and private facilities in the areas surrounding the
Lynwood Civic Center; and
WHEREAS, a Civic Center Area Overlay Zone is established in order to meet the
goals and policies set forth in the Lynwood General Plan; and
WHEREAS, a Civic Center Area Overlay Zone is established in order to discourage
incompatible land uses in the civic center area; and
WHEREAS, Civic Center Area development standards, sign criteria, materials,
colors, etc.. requirements are set forth in order to ensure an aesthetically attractive civic
center area.; and'
WHEREAS, in the. Civic Center Area Overlay Zone, site plan and design review
procedures are set forth to ensure new developments and changes of business
occupancies are compatible and do not create negative impacts in the Civic Center
Area; and
WHEREAS, on December 12, 2000 the Lynwood Planning Commission adopted
Resolution .2807 and approved Zoning Ordinance Amendment No. 2000-05, thereby
establishing a Civic Center Area Overlay Zone; and
WHEREAS, the Lynwood City Council, pursuant to law, on February 6, 2001
conducted a public hearing on the subject Zoning Ordinance Amendment; and
WHEREAS, the Lynwood City Council has carefully considered all pertinent
testimony offered regarding the Zoning Ordinance Amendment as presented at the
public hearing..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 25-36 of the Lynwood Municipal Code is hereby added to
read a follows:
25-36 CIVIC CENTER JVERLAY ZONE
25-36.1 .Purpose :end Scope
The Civic Center Area is established as an overlay zone in order to
encourage orderly, attractive and harmonious .development and land use of
.public and private facilities within the Lynwood Civic Center.
Within the overlay zone, ail City of Lynwood ordinances, .policies,
regulations and plans shall apply. Where conflicts occur regarding development
requirements, the provisions of this overlay zone shall supersede those of the
underlying zoning district."
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. • •
25-36..2 Boundaries of Civic Center Area
The Civic Center Area is designated in the attached location map identified
as "Exhibit A". Refer to the Lynwood Zoning Map for specific properties to which
this overlay zone applies. Such Civic. Center Area is roughly bounded by Martin
Luther King Jr. Boulevard to the north; Platt Avenue to the south; Ernestine
Avenue to the east and Birch Street to the west. Such Civic Center Area shall
include the following properties:
• Lynwood City Hall
• Lynwood City Hall Annex
• Lynwood Community Center
• Lynwood Natatorium
• Lynwood .City Park
• Lynwood Skate Park
• Bateman Hall
• National Guard Property
• Los Angeles County Library
• Bowling Alley/Restaurant (APN 6187-001-001, 008 and 011)
• St. Francis Hospital
• Lynwood. School District Offices
• Hosier Middle School
• Service Station/Auto Repair and' Restaurant (southeast corner of Imperial
Highway and Martin Luther King Jr. Boulevard; APN 6187-001-006)
25-36.3 Uses Permitted
Premises. within the Civic Center Area may be used for uses permitted in
the underlying zone to which this supplemental zone is .added subject to the
additional. requirements herein set forth, except as prohibited by Section 25-36.4.
25-36.4 Uses Prohibited
Premises within the Civic Center Area shall not be used for the following:
1) Uses not .permitted within the specific zoning district.
2) Motels and Hotels
3) Churches, synagogues, temples, or other places used primarily for
religious worship
4) Auto uses to include but not be limited to sales, repairs, servicing,
reconditioning, painting, upholstery, bodywork, washing and service
. stations.
5) Billiard Halls.
6') Any type of manufacturing
7) Cocktail Lounges
8) Night Clubs
25-36.5 Site Plan Review
Proposed Land uses and businesses within the Civic Center Area shall apply for
Site Plan Review, pursuanf to Lynwood Municipal Code Section z5-32 for the following:
1) Change of occupancy of land use.
2) Interior alteration comprising twenty-five percent (25%) or less of the
total square footage of the existing building and/or tenant space.
3) Replacing or installing new signs.
4) Exterior alteration and refurbishing of existing buildings or structures.
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• •
Applications for Site Plan Review shalt be on forms provided by the Community
Development Department and shall include detailed drawings and/or plans to include a
plot plan, floor plan, elevations, landscaping and signs. Site Plan Review fee is
established by City Council Resolution. as may be amended from time to time.
25-36.6 Conditional Use Permit
In order to assure orderly development in the Civic Center Area, proposed new
development, additions, alterations and. other construction shall apply for a Conditional
.Use Permit pursuant to Lynwood Municipal Code Section 25-25 for the following:
1) Conditional uses identified in the underlying zone.
2) Interior alterations comprising more than twenty-five percent
(25%) of the existing building area..
3) Any. addition or expansion to an existing structure, or construction
or placement of a new building structure.
4) Aland use not identified in the underlying zone may be approved
by the Planning Commission and Redevelopment Agency.
Applications :for Conditional Use Permit shall be on forms provided by the
Community Development. Department and shall include detailed drawings and/or plans
to include a plot plan, floor plans, elevations; landscaping and signs. Other information
may be required pursuant to the development request. Conditional Use Permit fee is
established by City Council Resolution as may be amended from tune to time.
25-36.7 Design Review
No person shalt construct, alter, add, or refurbish any building or structure
within- the Civic Center Area Overlay Zone until an application, materials samples
and color samples are submitted to the Community Development- Department.
.Such proposals shall require conceptual review and approval by the Lynwood
Redevelopment Agency. Such Design Review proposals shall be in accord with
the goals and policies of the .Lynwood General Plan, the Lynwood Strategic Plan,
and public right-of-way improvements.
25-36.8 Color Review
No person .shalt .paint or otherwise color any part 'of the exterior of any
building or .structure within the Civic Center Area until they have submitted
samples to the Community Development Department and received approval of a
Color Review purseant to Lynwood Municipal Code Section 11-3.4.
25-36.9 Lot Area Requirements
The. lot area. shall be as required in the zone to which this supplemental
zone is added.
25-36.10 Lot Width Requirements
The lot width shall be as .required in the zone to which this supplemental
zone is added.
25-36.11 Lot Depth Requirements
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The lot depth shall be as required in the zone to which this supplemental
zone is added.
25-36.12 Building Height
The building height shall be as limited in the .zone to which this
supplemental zone is added.
25-36.13 Yard Requirements
The yard setback areas shalt be as required in the zone to which this
supplemental zone is added, except that the front yard shall have a depth of not
less than ten (10) feet. Such front yard setback areas shall be landscaped..
25-36.14 Off-Street Parking and Loading
The off-street parking and loading requirements shall be met as set forth
in Lynwood Municipal Code Section 25-14 to which this supplemental zone is
added.
25-36.15 Landscaping.
Any additions to structures, or interior alterations that are greater than
twenty-five percent {25%) of the building -area shall submit detailed landscaping
and automatic irrigation plans to be reviewed and approved by the Community
Development Department. Such landscaping plans shall identify the location,
size, and type of all planting materials.
25-36.16 Sign Regulations
Signs may be permitted. by the Community Development Department
subject to the following standards:
a. Applicability. The provisions of this Section shah apply to alt new
and existing signs within the Civic Center Area.
b. Permanent Signs. Such .permanent signs shall be in accordance
and comply with provisions set forth in the Lynwood
Redevelopment Agency Sign Criteria in attached "Exhibit B."
c. Sign Permit Required. No sign shall be .erected, moved, altered,
relocated or changed without first receiving app~~oval of a sign
permit in compliance with Chapter 25-33 of the Ly~~wood Municipal.
Code.
d. Comprehensive Sign Program. A Comprehensive Sign Program
shall be required fo.r alt multiple-tenant buildings and structures.
e. Temporary Signs. Temporary advertising/promotional signs may
be permitted subject to Chapter 25-33 of the Lynwood Municipal
Code.
f. .Prohibited Signs. In addition to those signs prohibited by Chapter
25-33 of. the Lynwood Municipal Code, all permanent. and
-temporary signs that are not specifically permitted by this Section
shall not be allowed.
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25-36.17 City or Redevelopment Agency Property
Nothing contained in this Chapter shall prohibit the City and/or the
Redevelopment Agency from negotiating and entering into agreements for
development or land use on any real property owned or leased by. the City
or the Redevelopment Agency.
25-36.18 .Appeals
Appeals. from decisions based upon the standards of this Civic
Center Area Overlay Zone shall be subject to the same appellate
procedure for an appeal of decisions pertaining to the underlying zone
contained in the Lynwood Zoning Ordinance, Chapter 25 of the Lynwood
Municipal Code as appropriate.
Section 2. The City Clerk is hereby directed to certify to the passage and
adoption. of this Ordinance and to cause it to be published or posted as required
by iaw.
.First. read at a regular meeting of the City Council held on the day of
2001 and adopted and ordered .published at a regular meeting of said
Council held on the day of , -2001.
ATTEST:
ANDREA L. 'HOOPER, City Clerk
City of Lynwood
.APPROVED AS TO FORM:
SHAN K. TH`~VER, City Attorney
PAUL H. RICHARDS II, Mayor
City of Lynwood
RALPH W. DAVIS III, City Manager
City of Lynwood
APPROVED AS TO CONTENT:
GARY CHICOTS, Director of
Community Development
O.Ll'~_SRVI\VOL3\~VORDFILE\PL.4N`4ING\RESOS'~ord.nvicccnteroverlay.doc ~ _ 5 _
EXHIBIT "A"
•
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Ci1SC NO. Zoning Ordinance Amendment No. 2000-05
Slte AddreSS: Civic Center .Area Overlay Zone
Applicant Name: City 'of Lynwood
{ ] 300' or [ ] 500' Radius .Map
1
EXHIBIT «B»
city of YXT~TQpD
~:
~~ ~~ L~ City ~tdeeting CtiaQQen es~
g i',~ ~ ,
11330 BULLIS ROAD I
LYNWOOD, CALIFORNFA 90262
(310) 603-0220
SIGN CRITERIA
LYNWOOD REDEVELOPMENT AGENCY
1• GENERAL PROVISIONS
The sign criteria herein has beenestablished for the purpose of achievin
best possible effect for commercial. desi n g the
development, promote the public convenience, as well as serv-n lace nd business
aimed at maintaining a sense of identity and pride in the City of Lynwoodt'c goals
11• APPROVAL
The design and construction of the exterior sign shall be a
Redevelopment Agency .prior to installation. The a PProved by the
. conformity to the criteria established by the agency pnocludingafabreicationdaon
method of installation, nd
The Agency has the right to refuse approval of any sign which doe
to the specific criteria set forth .herein. snot conform
111• GENERAL RESTRICTIONS
A. The sign drawings must be prepared by a licensed si n
sign drawings must show the following .information: g contractor. The
~ ~ A scaled storefront drawing reflecting the proposed sign desi nand
ail dimensions relating to the storefront elevation of the premses.
2~ A plot plan indicating location of sign.
3. Sizes of sign lettei-s must be accurately dimensioned, spaced and
drawn.
4. :Plexiglas colors, paint finishes, and types of material.
h ~w~ordf~le\plannin¢'~signcrrt.doc
B. SPECIFIC RESTRICTIONS
~. Each business shall be permitted one (1) illuminated channel letter
sign to be located on the front or side elevations only on the
building exterior in accordance with the drawings submitted.
other signage is .permitted on the exterior of the premises, except
as approved by the Agency.
2. A corner unit will be:permitted additional signs, providin the
area does not exceed the maximum allowed by the sign regulations
of the City of Lynwood.
3. Sign length shall not exceed 70% of leasehold width. Wail signs
shall be centered horizontally and vertically.
4. No sign letter height shall exceed a maximum of 24". All sizes are
subject to Agency approval based on aesthetics and relationshi to
neighboring business signs. p
. 5. The information content on the sign shall be limited to I
designating the storeneme or established trade logo as set forthers
the business license application. No other permanent signs shall
advertise or display the name, brand name, or manufacturer's
name of any product, article, or service unless these names are
included in the name identifying the business.
6. The face approved colors and
subject to Agency approval. In t e even the tenalnt does shall be
established exterior sign identity, the Agency recommendsnthat the
lettering style be designed by the sign contractor to reflect a
visually exciting bok. Established trade logos and signage sfiall be
considered signs and are .permitted, provided they conform to the
criteria established 'herein.
7. No box-type or cabinet signsshall be permitted.
$. No temporary signs of any kind will be
written approval by the Agency and the P anninge Divis onu o pthe
City of Lynwood.
h ~~wordfik~planning~si¢ncrn.doc 2
9. No tenant shall affix or maintain upon any glass or other material
- on the storefront any signs unless they shall first have received the
written approval of the Agency and the Planning Division.
10. No portion of a building shall be painted to amplify or dire
attention to a sign: ct
11. Colors for all signs must be harmonious with the area and the store
where the signs are located.
11/. FABRICATION AND INSTALLATION
The fabrication and installation of all signs shall be sub~ect to
restrictions: 1 the following
1. Only channel fetters are to be installed.
2. Letter faces shall be a minimum of 1/8" thick, flat surtace col
Plexiglas. Colors to be a ored
pproved by the Agency. Letter faces .may
be fabricated from red, orange, green and blue. Special logo
colors will be permitted with Agency's approval.
3~ Neon tubing to be 15 millimeter.
4- PK Housings must be used for all neon tube systems.
5, All sign letters shall be secured by concealed fasteners st
steel, nickel or cadmium plated and pegged-out from wall 1/4'eto
allow water runoff.
6. No exposed lamps wilt be permitted.
7~ All penetrations of the building structure required for si n in
shall be sealed in a watertight condition. g stallation
8. All channel. letters must have one 3/16" dia. drain hole at bottom
every letter. All signs shall be fabricated and installed with U.I f
approval in compliance with. all applicable building and electrical
codes.
h~wordfiletnlanning~si~mcrit.doc 3
~ ~
9. All signs shall conceal all necessary wiring, transformers, ballast.
- starters and other necessary equipment within. the individual letters
or behind storefront construction.
10. Tenant shall be responsible for removal of signs within thirty (30
days after vacating the site. )
11. No sign shall be constructed until approved sign permits have been
received from the City of Lynwood. Building permits shall be
obtained prior to the installation of any signs.
12. All disconnect switches must be mounted on raceway or
transformer boxes concealed behind wall or parapet.
~; 13. The display surface of all signs shall be permanently maintained in
good condition.
V• MONUMENT SIGNS
1. A maximum of twenty five (25') square feet per side.
2. A maximum height of six (6') feet.
1/I• SIGNS IN MANUFACTURING ZONES
If there is a manufacturing use on a lot, all signage on the lot sha
the specified. conditions for signage in commercial zones, excebt that1ect to
standing signs., advertising signs, projecting signs, and under-can p si ns ree-
prohibited. Y 9 are
If there is no manufacturing use on a lot, any use fhat is also er
commercial zone shall be subject to the same conditions for signage astta d In in
the commercial zones. pp y
h~~wordtilelnlannih¢',;,¢ncrit.doc ~ 4
•
•
CITY OF LYNWOOD
COMMUNITI' DEVELOPMENT DEPARTMENT
1 1330 BULLIS ROAD
LYNWOOD, CA 90262
(3 ] 0) 603-0220, Extension 326
NEGATIVE DECLARATION
County Clerk
Corporation Division, Room lOb
Post Office Box 151-
Los Angeles, CA 9003
RE: Negative Declaration for Zonin Ordinance Amendment No. 2000-OS
To Whom It May Concern:
Application has been filed by the City of Lynwood for approval of the project know as
Zonin .Ordinance Amendment No. 2000-OS• an amendment to Cha ter 25 of the
L nwood Munici al Code b addin Section 25-36 ertainiri to a Civic Center Area
Overly Zone to be implemented by_the Cit of L nwood Community Develo ment
Department.
The project is briefly described as:
ertainin to a .Civic. Center Area Overla Zone in order to set forth rocedures
standards and design uidelines.
In accordance with the authority and criteria contained in the California Environmental
Quality Act, State Guidelines, and, the City of Lynwood Guidelines for the
implementation of the California Environmental Quality Act, the Department of
Community Development of the City of Lynwood analyzed the project and determined
that the project will not have a significant impact on the environment. Based on this
finding, the Department prepared and hereby filed this NEGATIVE DECLARATION.
A period of twenty-one (21) days from the date of filing of this NEGATIVE
DECLARATION will be provided to enable public review of the project specifications
and this document prior to action on the project by the City of Lynwood. A copy of the
project specification is on file in the offices of the Department of Community
Development, City Hall 11330 Bullis Road, Lynwood, California.
This Document.. is being. filed in duplicate. Please acknowledge filing date .and return the
copy in the enclosed stamped, self- addressed 'envelope.
Prepared and filed by:
The Department of Community Development
BY:
Grant Taylor, Senior Planner
h:\wordfi Ic\plannning\forms\negdcc. doc
Revised 07-27-98
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Findings
Project Title/Location: Zoning Ordinance Amendment No. 2000-05: Civic Center Area
Overlay Zone, Lynwood, Los Angeles County, CA 90262
Project Site.: Martin Luther King, Jr. Blvd. to the north; Platt Avenue to the south;
. Birch Street to the west; Ernestine Avenue to the east, Lynwood, CA
90262
Applicant: City of Lynwood
11330 Bullis Road
Lynwood., CA 90262
Project Description: The proposed ordinance is an amendment to Chapter 25 of the
Lynwood .Municipal Code by adding Section 25-36 pertaining to a Civic Center Area Overly
Zone in order to set forth guidelines, standards and design criteria. y
findings of Exemption: This project wilt not have an individual or cumulative adverse effe
on fish and/or wildlife resources in that the Initial Study prepared in con'unction ct
environmental review of the project nor the record of the roceedin s for its a with the
any potential impacts to fish and game or such resources. p g Pproval identified
.Certification: 1 hereby certify that the lead agency has made the above findin s of
fact and that (based upon the initial study and hearing record) the project will not in ~ g
cumulatively have an adverse effect on wildlife resources, as defined in Section di ~~ 2ually or
:Fish and Game Code. of the
Signature:
Title: Senior Planner Communit Develo ment De artment
Lead Agency: Citv of Lynwood
Da e: December 13 2000
• i
NOTICE OF DETERMINATION
To: Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Los Angeles
500 West Temple
Los Angeles, CA 90012
From: City of Lynwood
Lynwood Redevelopment agency
11330 Bullis Road
Lynwood, CA 90262
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21151 of the Public
Resources Code
Project Title: Zoning Ordinance Amendment No. 2000-05: Civic Center Area Overlay Zone
State Clearinghouse Number: NA Lead Agency: City of Lynwood, 310-603-0220
Project. Location -.Specific: Area bounded by Martin Luther King Jr. Boulevard to the north; Platt Avenue to the
south; Birch Street to the west; Ernestine Avenue to the east, Lynwood, CA 90262
Project Location: City of Lynwood, County of Los Angeles
Project Description: The proposed ordinance is an amendment to Chapter 25 of the Lynwood Munici
adding Section 25-36 pertaining to a Civic Center Area Overlay Zone in order to set forth procedures standards
and design guidelines.
This is to advise that the City of Lynwood as lead Agency has approved the above-described Negative Declarati
on December 12, 2000 and has made the following determinations regarding the above-described project. on
1: The proposed project will not have a significant effect on the environment, and will not negatively affect
the public health, safety or general welfare.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were not made a condition of approval of this project.
4. A Statement of Overriding Conditions was not adopted for this project.
5. Findings were not made pursuant to the provisions of CEQA.
This is to certify. that the Negative Declaration. with comments and responses and record of project approval is
available to the general public at Lynwood City Hall, 11330 Bullis Road, Lynwood, CA 90262.
Signature:
Senior Plariner, City of Lynwood
Date: -December 13 2000
Date received for filing at the County of Los Angeles:
Date received for filing at OPR:
• •
CITY OF LYNWOOD
COMMUNITY DEVELOPMENT DEPARTMENT
,ENVIRONMENTAL CHECKLdST FORM
(To be completed by Lead Agency)
I• BACKGROUND
1. Name of proponen#: City of Lynwood
2. Address and phone number of proponent:
90262,. (310) 603-0220
3 p
11330 Bullis Road L nwood Ca.
ate of checklist submitted: November 15 2000
4. Agency Requiring Checklist : Cit~i of Lynwood
5. Name of proposal, if applicable: Zonin Ordinance Amendment No.2000-05- Civic
. Center Overlay Zone
ENVFRONMENTAL IMPACTS
(Explanation of all "YES".and "MAYBE" answers are required on attached sheets.)
1. Earth. Will the proposal results in: YES MAYBE NO
a) Unstable earth conditions or in changes
in geologic substructures?
X
b) Disruption, displacements, compaction
or overcovering of the soil?
X
c) .Change in topography or ground surface
relief features?
X
d)
The destruction, covering or modification _
of any unique geologic or physical features?
_X_
e.) Any increase in wind or water erosion of
soils, either on or off the site?
X
`
f)
Changes in deposition or erosion of beach _
sands, or changes in .siltation,. deposition
or erosion which may modify the channel
of a river or stream or the bed of the ocean
or any bay, inlet or lake?
X
`
g ,. Exposure of people of property to geologic
hazards such as earthquake, landslides
,
mudslides, ground failure, or similar hazard?
X
2. Air.. Will the proposal result in:
H:\WORDFILE\PLANIJMG\F'ORMS\ZOA?000-0S.ENV.DOC
n
a) Substantial air emission or deterioration
of ambient air quality?
b) The creation of obecjtionable odors?
. c) Alterations of air movements, moisture,
temperature, or any change in climate,
- either .locally or regionally?
3. Water. Will the proposal result in:
a) Changes in currents, or the course
of direction of water movement, in either
marine or fresh waters?
b) Changes in absorption rates, drainage
patterns, or the rate and amount of surface
runoff?
c) Alterations to the course or flow of flood
waters?
. d) Change in the amount of surface water in
any water body?
e) Discharge into surface waters, or in ,any
alterations of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
f} Alterations of the direction or rates of flow
of ground waters?
g) Change in the quantity of ground waters,
either through direct additions or
withdrawals, or through interception
of an aquifer by cuts or excavations?
h) Substantial reduction iri the amount of
Lvater otherwise available for public water
supplies?
I) Exposure of people or property to water
relocated hazards ~~uch as flooding or
tidal waves?
4. Plant Life.Will the .proposal result in:
a) Change in the diversity of specifies,
or number of any species of plants
(including trees, shrubs, grass, crops,
and aquatic plants)?
b) Reduction of the numbers of any unique,
rare or endangered species of plants?
c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
H:\ W ORDFILE\PLANNING\FORMS\ZOA200p_O5: ENV.DOC
2
YES
MAYBE NO
X .
X
X
X'
X.
X
X
X~
X
X
X
X
X
.X
X
. . •
YES MAYBE Np
d) Reduction in acreage of any agricultural
. crop?
X
5. Animal Life. Wil'1 the proposal result in:
a) .Change in the diversity. of species, or
numbers of any species of animals
(birds, land animals including reptiles,
fish .and shellfish, benthic organisms or
insects.)?
X
`
. b) Reduction of the numbers of any unique,
rare or endangered species of animals?
X
c) Introduction of new species of animals into
an area, or result in a barrier to the migration
or movement of animals?
X
`
. d) Deterioration to existing fish or wildlife _
habitat?
X
6. Noise. Will the proposal result in:
a) .increase in existing noise levels?
X
____
b) 'Exposure of people to severe noise .levels? _
X
7. Light.. and Glare. Will the .proposal produce new _
light or glare?
X
8. Land Ilse. Will the proposal result in a substantial
alteration of the present or planned land use of an
area.?
X
9. BVatural resources. Wiif the proposal result in: -.
a) Increase in the rate of use of any natural
sources?
X
b) Substantial depletion of any nonrenewable
. natural resources?
-X-
10. Risk of Upset. Wiil the proposal involve:
a.) A risk of an explosion or the release of
hazardous substances( including, but not
limited to, oil, pesticides, chemicals or
_ radiation) in the event of an accident or
upset conditions?
-X
b) Possible interference with an emergency ~
response plan or an emergency evacuation
plan.
-X-
:\WORDFILE\PLANNfNG\FORMS\ZOA2000-OS.ENV.DOC
3 i
!,
~~
i
~ ~
11. Population. Will the proposal alter the location, YES
distribution, density, or growth rate of the human
population of an area?
12. Housing. Will the proposal affect existing housing,
or create a demand for additional housing?
13. Transportation/ Circulation. Wi11 the proposal
result in:
a) Generation of substantial additional
vehicular movement?
b) Effects on existing parking facilities, or
demand for new parking?
c) Substantial impact upon existing
transportation systems?
d) Alterations to present patterns of circulation
of movements of people and/ or goods?
e) Alterations to waterborne, rail or air traffic?
f) .increase in traffic hazards to motor vehicle,
bicyclist or .pedestrians?
14. Public Services. Will the proposal have an
effect upon., or result in a need for new or
altered governmental services in any of
.the following areas:
a) Fire Protection?
b) Police Protection?
c) Schools?
d) Park or other recreational facilities?
e) Maintenance of public facilities, including
roads?
f) Other governmental services?
15. Energy. Will the proposal result ire:
a) .Use of substantial amounts of Fuel or
energy?
b) Substantial increase in demand upon
existing sources of energy, or require the
- development of new sources of energy?
16. U#ilities Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities:
H:\WORDFtLE~oLANNMGIFORMS\ZOA2000-OS.EW.DOC
4
MAYBE N_O
X
X
X
X
X
X
X
X
X
X
X
X
X
X .
X
X
~ ~
YES MAYBE Np
a) Power or natural gas?
X
b) Communication systems? ~ ,
~X
c) ~ Water?
X
d) Sewer or septic tanks?
X
' ~ e) Storm water drainage?
_X
f) Solid waste and disposal?
X
17. Human Health. Will the proposal result in:
a) Creation of any health hazard or
. potential health hazard {excluding mental _
health)?
.~ X
b) Exposure of people to potential health
hazards?
X.
18. Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open -
to the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
_X
19. Recreation. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
X
20. Cultural Resources. i
a) Will the proposal result in the alteration of
. or the destruction of a prehistoric or historic -
archeological site?
X
b) Will the proposal result in the adverse
physical or aesthetic effects to a
prehistoric or historic building., structure,
or object?
X
c) ,Does the proposal have the potential to
cause a physical change which would affect
unique ethic cultural values? ~
-x i
d') V1/ill the proposal restrict existing religious
or sacred uses within the potential impact
area?
.
H:\WORDFlLEWLANNING\FORMS'S.OA?000-OS.E*7V.DOC -
5
e
.~
Y` MAYBE . NO
21. Mandatory Findings or Significance.
a) Does the project have the potential to
degrade the quality of the environment,
'substantially reduce the habitat of a fish
or wildlife. species, cause a fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate a :plant
or animal community, reduce the number or
` restrict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or
prehistory?
X
b) Does the project have the potential to
achieve short-term, to the disadvantage of
.long-term, environmental goals? (A short-
term impact on the environment is one
which. occurs in a relatively brief, definitive
period of time while long-term impacts will
endue well into the future.) X
c) Does the project have impact which are
individually limited, but cumulatively
considerable? (A project may impact on_
two or more separate resources where
the impact on each resources is relatively
small; but where the effect of the total of
those impacts on the environmental
is significant.) .
X
d) Does the project have environmental _
. effects which wiN cause substantial
adverse effects on human beings,
either directly or indirectly?
X
1.11: DISCUSSION OF ENVIRONMENTAL EVALUATION
- H:\ W ORDF] LE\PLANNNG\FORMS\ZOA2000-05. ENV.DOC -
6
•
IV. .DETERMINATION
- (To be completed by the. Lead Agency)
ON THE BASIS OF THIS WITh4L EVALUATION:
~ XX ] I fiend that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
1 } I find that although the proposed project could have a significant effect on the
.environment, there. will not be a significant effect in this case because the mitigation
measures .described on an attached ,sheet have been added to the project. A
NEGATIVE DECLARATION will be prepared.
(~ ] I find. that the proposed project may have a significant.effect on the environment and
an ENVIRONMENTAL 1MPACT REPORT is required. '
Date: November 15 20D0
H`.\ W ORDFI LE\FLANNINGIFORMSSZOA2000-05. ENV. DpC
BY:
Signature
Grant Taylor
Print Full Name
Community Development Department
Department
7
•
DATE: February 6, 2001
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ralph W. Davis, III, City Manage
BY: Joseph Y. Wang, P.E., Director of Public Works/City Engineer
Paul Nguyen, Civil Engineering Associate
SUBJECT: Proposed Lynwood Teen Square Project
PURPOSE:
To recommend that the City Council adopt the attached resolution approving the
Lynwood Teen square Project and authorizing the project funds appropriation.
BACKGROUND:
In October, 1997, the City of Lynwood completed the construction of the Lynwood
Youth Center located at the corner of Birch Street and Mulford Avenue, across from the
Lynwood City Park. This new building provides educational and recreational facilities to
the youth of Lynwood. Subsequently, in 1998, the City completed the renovation of the
City Park, which involved the complete redesign of the landscape layout, the inclusion
of new soccer fields, baseball fields, walkways, restroom facilities and concession
stands. In 1999, Birch Street was repaved from Platt Avenue to Imperial Highway.
At the present time, the area south of the park and across from the Lynwood Youth
Center is still unimproved. This area is part of the ,park right-of-way and is being.. used
as the main access to the Hosler Middle School and as a parking facility for park
patrons and school staff. During the opening and closing of school, staff has observed
a large amount of vehicular and pedestrian traffic in this area, especially the pedestrian
traffic to the Lynwood Youth Center and the City Park. Staff also has noticed some
vehicular/pedestrian conflicts that need to be addressed.
ANALYSIS:
In view of the above described situation, staff is proposing the implementation of the
Lynwood Teen Square Project. The project's objectives are to address the vehicular
and pedestrian traffic safety issue, to complete the City Park improvements and to
beautify this area. Through the project design, the City Park, the Lynwood Youth
Center and the area south of the park will be intergraded into one interconnected
facility. Improvements will include the construction of various decorated paving
walkways across Birch Street, new landscapes and hardscapes, new curbs and gutters,
new parking lot layout and striping, installation of additional. traffic control devices, etc.
In March, 2000, staff took the initiative to start on the project preliminary design. Staff
has estimated ~;~at this project would cost approximately $700,000. At the present time,
staff has identified $205,758.45 of unappropriated General Fund that can be
appropriated tc the project. These funds were liquidated damages that the City had
collected from the original contractor for the improvement of the Lynwood City Park who
failed to perfo~~m the contract. Staff also has submitted a grant application for the
balance of needed funds to Metropolitan Transit Authority (MTA), which staff believes
have a good chance of being approved.
RECOMMENDATION:
To recommend that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE LYNWOOD TEEN SQUARE PROJECT AND AUTHORIZIN {TY
AGENllA PI*EM
COU01003
.MANAGER OR HIS DESIGNEE TO APPROPRIATE AND TRANSFER $205,750.00 Of
UNAPPROPRIATED GENERAL FUND TO THE .PROJECT".
couo i oo~
~ •
DATE
TO:
FROM
BY:.
SUBJECT:
February 6,2001
THE HONORABLE MAYOR AND ' E S OF THE CITY COUNCIL
Ralph W. Davis, III, City Ma ger ~~/
Joseph Y. Wang, P.E., Director of Public Works/City En eer
Paul Nguyen, Civil Engineering Associate
Approval of Tract Map No. 53068
PURPOSE:
To have the City Council approve Tract Map No. 53068.
BACKGROUND:
Tentative Tract Map No. 53068 was conditionally approved by the Planning Commission by
Resolution 2752 on December 14, 1999. The Tract Map provides for the subdivision of
nineteen (19) parcels of land on the east side of Phillips/Edgebrook Avenue between Lavinia
Avenue and ~Rayborn Street. Nineteen (19) single-family dwellings will be built on this
subdivision.
ANALYSIS:
Final Tract Map 53068 has been completed in accordance with State Subdivision Map Act. and
the City'sSubdivision Ordinance. It is now ready to be accepted by the City Council.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING TRACT MAP NO. X3068".
Cou001 ~34.doc
!iGEN21A IfiEM
~~ 3
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD APPROVING TRACT Iv1AP NO. X3068
WHEREAS, the final Tract Map No. X3068 has been reviewed b_v the Los
An`=eles County Department of Public Works and the City Engineer, and it was found to have
been~prepared in conformance with the Subdivision Map Act and the City's Subdivision
Ordinance: and
WHEREAS, the developer has provided the required bonding for all the
En,ineerin~ Division's improvement requirements: and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lynwood as follows: '
Section 1. ,That the City Council approves the final Tract Map No.~3068.
Section 2. This resolution shall take effect immediately upon its adoption.
- PASSED, APPROVED and ADOPTED this _ day of . X001.
PAUL H. RICHARDS. II. Mayor
City of Lvmvood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of L}~nwood
APPROVED AS TO FORM:
City Attorney
City of Lynv~~ood~
APPROVED AS TO CONTENT:
Ralph W. Davis, III
City Manager
Joseph Y. Wang. P.E.,
Director of Public Works/City Engineer
DATE: .February 6, 2001
TO: THE HONORABLE MAYOR AND ' E S OF THE CITY COUNCIL
FROM: Ralph W, Davis, III, City Ma er ~~'"
BY: Jose h Wan P.E. Director of Public W /
. p g, orks City En eer ~~
Antonio Perez, Civil Engineering Assistant
SUBJECT: Acceptance of'Sidewalk Improvement Project, Project No. 5-5248.
PURPOSE:
To recommend that the City Council adopt the attached resolution accepting the Sidewalk
Improvement Project, Project No. 5-5248 as complete.
BACKGROUND:
On November 21, 2000, City Council authorized the informal bidding for the Sidewalk
Improvement Project. The project encompassed the replacement of sidewalk,. and the necessary
root pruning, root barrier installation, tree trimming, tree removal and replacement of curb and
gutter at various locations in the City.
ANALYSIS:
The project started on January 2, 2001, and was completed on January 18, 2001. The final
. project construction cost is $29,783.60.
Staff conducted the fnal .inspection on January 22, 2001, and found that all work has been
completed satisfactorily in accordance with the scope of the project.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution entitled," A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE
SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 5-5248, ~1S BEING COMPLETE."
co~orooa
~~x~Ti)A ~'2;s
r
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ACCEPTING THE SIDEWALK IMPROVEMENT
PROJECT, PROJECT NO. ~-5248, AS BEING COMPLETE
WHEREAS, the City Council authorized the infornlal biddin~~ for the Sidewalk
Improvement Project: and
WHEREAS, the project started on January 2, X001, and was completed on
January 18, 2001; and
WHEREAS, the total project construction cost is $29,783.60; and
WHEREAS, staff inspected the project, and found that all .work has been
completed in .accordance with the scope of the project.
NOW, THEREFORE, the Citv Council of the City of Lynwood does hereby find,
proclaim, order and resolve as follows:
Section 1. That the City Council accepts the Sidewalk Improvement Project,
. Various Locations, Project No. 5-524$, as being complete.
Section 2. This resolution shall go into effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this da}~ of
.2001.
City of Lynwood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lyn~~-ood
APPROVED AS TO FORM:
City Attorney.
coooioo~
PAUL H. RICHARDS II, Mayor
City of Lynwood
APPROVED AS TO CONTENT.:
Ralph W. Davis, III
City Manager
Joseph Wang, P.E..
Director of Public Works/
City Engineer
•
MEMORANDUM
DATE: February 6, 2001
T0: ~ THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
FROM: Ralph W. Davis, III, City Mana r ~'
BY: Autra Adams, Interim Project .Hager
SUBJECT: ENERGY CRISIS
PURPOSE:.
To have the Mayor 8~ Members of the Lynwood City Council adopt the attached
resolution demonstrating the City of Lynwood's commitment to electricity
conservation and direct staff to issue a press release encouraging residents and
businesses to meet the State of California's 7% conservation goals.
BACKGROUND:
The State of California is currently facing energy challenges and severe
electricity supply shortages: Due to this it is important to reduce energy usage
wherever possible.
After deregulation, electricity usage has increased within the state by 6% each
year for the past five years. However, there have been no new power plants built
within the past ten years so electrical systems are unable to handle the increase
in usage.
In the State of the State Address issued by Governor Davis on January 8, 2001,
he requested that the entire State of California reduce energy usage by 7% to
help reduce the chances of rolling blackouts.
ANALYSIS:
At the present time, the legislature is currently considering several bills as part of
their special legislation to try and solve the energy crisis issue in the State of
California. The two major bills currently under consideration are AB 1X (Keeley
and Migden) and AB 18X (Hertzberg).
The threat of rolling blackouts can be detrimental to the entire city because it can
affect the health and welfare of the community as well as public safety.
To assist in energy conservation efforts the City of Lynwood is committed to
reducing energy usage as well as encouraging residents and businesses to also
. reduce electricity usage.
The status of bills associated with energy are changing daily and will keep this
body informed of changes and updates.
RECOMMENDATION:
Staff respectful{y requests for the Mayor & Members of the Lynwood City Council
to:
1. Adopt the .attached resolution, demonstrating the City of Lynwood's
commitment to energy reduction efforts; and
2. Direct staff to issue a press release encouraging residents and
.businesses to meet the State of California's 7% conservation goals.
ATTACHMENT
;i
~I
~~
•
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD DEMONSTRATING
THE CITY OF LYNWOOD'S COMMITMENT TO
ENERGY REDUCTION EFFORTS
WHEREAS, -The State of California is currently facing unprecedented
energy challenges and severe electricity supply shortages; and
WHEREAS, The importance of immediate energy conservation efforts
cannot be overstated; and
WHEREAS, Governor Gray Davis has asked all Californians to reduce
electricity usage by 7%;
WHEREAS, To demonstrate California's commitment to conserve
electricity, the Governor has directed state agencies to reduce electricity use in
state facilities, and has asked cities to do the same; and
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
find, proclaim, order and resolve as follows:
Section 1. That the City of Lynwood is committed to reducing its
ongoing electricity use by 7%.
Section 2. That the City of .Lynwood urges its residents and businesses
to also reduce ongoing electricity use by 7%.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED, .APPROVED, AND ADOPTED this 6n day of February 2001.
PAUL H. RICHARDS, II, MAYO
ATTEST:
ANDREA L. HOOPER, CITY CLERK
APPROVED AS TO F'~JRM:
CITY ATTORNE
APPROVED AS TO CONTENT:
RALPH W. DAVIS, lll,
CITY MANAGAER
ir'*' ir"'
~''~ r
J
Issue 1 1 Jan. 29. ?001
i.~ f,r~,~ let•ship P„int,. hc•cput` the ~lutuennntt..
\\ irit >ul,<r:utri~ c u ~ irk ac~~ nnpli>hcd rhi> ~cccken~l. the
i.,,l~t„n~,.i ~t.irc l.c~;,<l,tlitrc i m.tkin~ real pr,L•-rc~~ in
.I~.iiint~ ~t'itit rite• ~r,rrnt cncr,n crisis. \\ c arc dc;ilin~~
:tit rite nt"st ur~_cr.t an~1 hrc;in~ It.u-t ~:,t rite l;r„ltlem
--- se~~unn~ rcli.ililc.clccrricirt f, ,r the citizen; "t t.ur
t.~t~.
~. cur ~ ,~ crri.{in~ ~ ,;il is t" kCep the h, ~a cr rot :utcl pct
rite I~czr ~ical pn.,il,l~ fur r~nt~umcr>. \\c ~~,r,rinuc r~-,
~~„r!..~r~~,un~l r!tc clack r..iccr~mpli>h this ~~,al.
r `,\,.u~ tit; Yr..;tt~c~,ri: .fan ~,TCemn~ i, an,~nih rr:utr
~i.~~~---:t,:~~,tt.~~.ntc~r:(,;n::i.,n~.rnn~~_.>t~.~...t;re
,'.:'~ ~~;=, r..,rur~. ~`:`~ ~~ i.t~ e a ~~ : ,~t~ia~, ,_~ nrcn~u~ anal
F,.,. . .frt.. :~ ttl:u,
President Bush, voicing alarm that California's energy
crisis is spilling over its borders, directed ~"ice President
Chenew and several Cabinet members to develop a plan for
the federal government to "act boldly and swiftly." Bush
said he wanted a strategT on "how best to cope with high
energy prices
and how best to cope with reliance on foreign oil, how best
to encourage the development of pipelines and
power-generating capacit~ in the countn-."
~~ ~~~ ~-~air;.'~i A~t-tit ~i:?r:th, PC~.LE\\ •trtt~=
Hundreds of thousands of residents of cities including
San Francisco, Sacramento and Santa Cruz are likely to have
their natural gas cut off as early as mid-Februar-, if federal
or state .authorises don't rescue PG&E from suppliers'
refusal to provide gas, the utility warns.
Homes and businesses could lose gas deliveries for
heating, cooking and manufacturing unless Pacific Gas and
Electric Co: can assure suppliers of payment, PG&E said in
laying out a "doomsday scenario" for state regulators.
The interruptions could last for weeks or months even
after the t7ow of gas is restored, because PG&E .corkers
would need to grist each home to relight pilot lights.
Customers who got tired of waiting and tried to do it
• themselves would risk blowing up their homes, PG&E
warned. the California Public C.'tilities Commission. '
"Even under optimistic conditions, a gas shortage is likely
by the middle of Februarc," Johnson said. Shortfalls would
Gu~rrnor Dati~ _lnntutr.ce~ Its . _ . -. _.. .~• - -- -
~Iec~in_ California's En; r_~ f.f:.~ll, .,
Governor Gray Daris today announced the framework of
a rough consensus reached with bipamsan leadership of
California's Senate and _~ssembh-.
The following principles represent a rough consensus of
the Governoi and bipartisan leadership:
1. _~lggressively promote energy efficiency, conser•ation,
1 and demand reduction among consumers, businesses and
.public entities.
2. Increase the supply of electrical generation in California
through continuing efforts to streamline permitting and
construction of new• plants, while protecting the
environment, and remove obstacles. to the development of
distributed generation.
;' 3. _~uthorize the state to purchase the "net short" electricin-
needed to sen-e im-estor-owned utilit• customers. The "net
short" is the power needed bewond that generated by the
utilities themsehes or available to them from "yuaGfying
facilities" (QFs) and other long-term contracts. It is ,
anticipated that most of this power will be purchased
through long-term contracts with power suppliers.
4. Provide that the state will sell power directly to ratepayers
with the investor-owned utilities collecting and remitting a
dedicated portion of rate revenues to the State.
~. Reduce the price of power delivered b~• QFs to the
utilities by changing the contracts between the utilities and
QFs through action bt- the PUC and!or the Legislature to a ':
reduced rate agreed to by the QFs. ~
G. Provide ratepayers with an asset of value such as stock
warrants as eyuit• participation in the financial recovery of
.the utilities. This eytrity participation will be used either to
help retire bonds or otherwise provide tangible benefits to
consumers.
. Continue negotiations. with the im•estor-owned utilities
and others on a plan to deal with the unrecovered costs that `
threaten the economic wiabilit<• of the utilities while
protecting the ratepayers.
S. Resolve outstanding regulator- and legal actions initiated
by the utilities to recover all their undercollections.
9. _~ public authorit• that could assure adequate power
supply and adequate transmission capacin•.
Produced by the Speaker's Of&ce of :~femlxr S::rzces &c the Speaker's Office. of Pclsec
trigger "a downward spiral of evenu from which it would
be extremely difficult for the state to recover."
I ureraster~ Expect trite to Get I'zst Pu~~er Crisis
:Most of California`s major economic forecasters dismiss
the worst fears of consumers and businesses, and doubt the
state will be ravaged. What's more, forecasters don't see
California falling into even a moderate recession this year,
provided that political leaders devise ashort-term fix to halt
the rolling blackouts.
Their genera] assessment is that the energy crisis
eventually .will translate into higher utility- bills, a drain on
the state treasury or both. These economists sa}•, however,
the higher costs will be manageable ,for the overall
economy.
Br their reasoning, much of the utility cost increases will
be offset by this. month's quarter-cent reduction in the state
sales tax and a projected decline in gasoline costs. Br spring,
natural gas prices are expected to drop as winter demand
tapers off.
.end, since Dec. 21, when irhit a six-month low, the
Bloomberg California Index, comprising 594 companies
based in the Golden State, is up nearly 14 percent
Part of the reason California economists downplay
concerns of a severe downturn is simple the caution
inherent in the forecasting business. On the other hand, the
worst fears are fanned by political or business interests that
overstate the problems to frighten politicians into action.
Craig Barrett, chief executive of Silicon."alley's Intel
Corp:, recently made national headlines when he said the
computer chip giant wouldn't consider expanding in
California. It sounded preen scary, but the tact is, Intel
hasn't built a new factory here since 198$.
But other companies are making concrete changes in then
operations--moves which could actually par dividends for ,
the Firms and the state economy.
Take Shasta Paper Co. in the _~orthern California town of
.•~nderson. Skyrocketing natural gas costs motivated the
paper mill to "make every energy improvement we could
remotely justify," according to Brent Hawkins, the
company's yrice president. The firm converted some of its
natural gas-powered equipment to run on coke and recycled
motor oil, which reduced gas use dramatically and gave the
company- a leg up on competitors.
"~~'e're going to break even this month, and we'll be in
the black b~~ February," Nawkins said. "I'm yen• optimistic
about my business."
Corn<u~tu~r:\c!~rr~atr~ C r_~ ~uuc u. Rue Grit;
~~~ith momentum building in the Capitol for a utility
rescue plan that would give customers of Southern
California Edison. and Pacific Gas & Electric stock
ownership, consumer adz-ocates on Satuiday made a pitch
for what they call a better alternative: public purchase of the
utilities' transmission grid
The grid--essentially all the wires, transformers and
equipment that card power to homes and businesses--is
valued at more than S3? billion but the savings that could
be achieved through public ou•nerslup would warrant ~nrin
the utilities ~6 billion to S7 billion, consumer advocates said,
enough to help eliminate some debt.
Putting into public hands the grid nou- owned br Edison,
PGc&E and San Diego Gas & Electric would clear the a a~
for fast, badly needed expansion that could be paid for
through funds borrowed at cheaper rates than the utilities
could achieve, they said.
It would lift California out of some of federal o~-ersight
and set the stage for better cooperation with municipal
utiliri' districts. The money to purchase the grid could be
raised through bonds.
Itt th; ~Cc'st, Pu~~cr-`h,.~r C_:tlii:,riii.: •. \i.~n, .
Power managers across the ~~~est-are warning that the
region's entire electric system is under severe stress, and that
high prices and tight supplies of energn- are likelc to burden
many westem states for months. •
The most immediate cause of the ~C'est's power shortages
and steep rate hikes is the meltdown of Califomia's partially
deregulated and dysfunctional energy market. .But the long-
term problem is this: Supple and demand are unbalanced
throughout the region.
The western power grid -- the public-private system that
generates electricit_ and delivers it through transmission
lines to consumers -- is overtaxed because of the energy
needs created by a booming economy and explosive
population growth. The grid is also suffering from a dearth
of neu• power plant construction and a neglect of
conservation measures.
~~~hile mane voices in ~`'ashington, D.C., and the ~~'est
depict.California as an electricity- hog, in tact most of the
increased demand for electricity comes not from California,
but from other western states.
_~bout 85 percent of the growth in electriciR• demand in the
last five rears in the ~C'est has occurred outside California.
E .ti~l:• ~l'!t.t; C?tiic!~~~'~ :'u'":i~ f:,r 1 ~;~li•,
The best analogy about California's electricity
deregulation comes from Richie Ross, a political consultant.
The pm•ate utilities never were real businesses, Ross
observes. They were tweeners--somewhere between a
government entity and a competitive enterprise. Sort of like
a domestic animal. Protected and productive. Like a cow.
"One day. they fumed the cow loose into the wild," Ross
says, "and it was eaten." -Geone Skelton, LA Timer
Lake Counn• is turning its wastewater into electricity --
enough to power thousands of households. Touted as "the
world's first wastewater-to-electric mcvciing s}'stem," the
.Lake Counil• experiment has pumped new life into The
Geysers, the nation's oldest geothermal energy complex.
Now Lake Counn• is planning to expand the project _-~nd
Santa Rosa has joined the effort, starting work on its own
wastewater pipeline to The Geysers.
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BILL NUMBER: ABX1 1 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 29, 2001
AMENDED IN SENATE JANUARY 25, 2001
AMENDED IN ASSEMBLY JANUARY 16, 2001
INTRODUCED BY Assembly Members Keeley and Migden
JANUARY 3, 2001
U
An act to amend Section 366.5 of and to add Section 360.5
to, and to repeal Section 355.1 of, the Public Utilities Code,
and to add Division 27 (commencing with Section 80000) to the Water
Code, relating to electric power, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1, as amended, Keeley. Power exchanges: Department
of Water Resources: electric power.
(1) The Public Utilities Act establishes the Power Excharge
to provide an efficient competitive auction, open on a
nondiscriminatory basis to all electric power suppliers, that meets
the loads of all exchange customers at efficient prices. E:.istinq
law authorizes the Public Utilities Commission to investigate issues.
associated with multiple qualified exchanges, and requires the
commission, if it determines that allowing electrical comorations to
purchase from multiple qualified exchanges is in the public
interest, to prepare and submit findings and recommendations to the
Legislature on or before June 1, 2001. Existing law prohibits the
impleme:,tation by the commission of certai.^. commission decisions
regardinq other exchanges, as specified.
This bill would repeal thcse provisions, regarding multiple
qualified exchanges.
(~1 Existing law prohibits any change in the aggregator or
supplier of electric power for certain customers from being made
until the change has been verified.
This bill would provide that electric power sold to customers
pursuant to the bill is not subject to those provisions.
-~-
(3) Under existing law relating to the Central Valley
Project, the Department of Water Resources has the authority to fix
and establish the prices, rates., and charges at which the resources
and facilities made available by the project are sold and disposed
of, and to enter into contracts and agreements and do any and all
things that the department determines to be necessary, convenient, or
expedient for the accomplishment of the purposes and objectives of
that existing law.
This bill would authorize the department tc enter i..^.to contracts
~.. ~ .. for the purchase --:-~-~-~_
of electric power -- °= - - -~-~ - -L
- ~ _ .._ The bill would
authorize the department to sell power to retail end use customers
and to local publicly owned electric utilities at not more than the
department's acquisition costs, as specified. The bill would
prohibit the department from contracting for the purchase of
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electrical power on and after January 2, 2003. The bill would
prohibit the department from entering into or engaging ir. a
transmission or distribution enterprise for purposes of the act. Tire
bill would also authorize the department to hire and appoint
additional employees and contract for the services of public and
orivate entities.
The bill would authorize the department to issue revenue bonds act
to exceed a certair, amount, containing specified terms and
conditions, upon authorization by written determination of the
department and with the approval of the Director of Finance, as
specified.
The bill would establish in the State Treasury the Department o`
Water Resources Electric ____-____ Power
Fund, to be continuously appropriated to the department, and
available for the purposes described above. The bill would require
all revenues payable to the department under the bill to be deposited
in the fund. The bill would require that payments from the fund be
made only for certain purposes. The bill would transfer up to
5500,000,000 from the
General Fund to the fund for the purposes described above and require
repayment to the General Fund at the earliest possible time.
The bill would permit the Department of Finance to authorize the
creation of deficiencies for this appropriation.
This bill would require the Public Utilities Commission to
calculate the California Procurement Adjustment and would further
require the commission to determine the amount of the adjustment
payable to the department for deposit into the fur:d.
The bill would require the Bureau of State Audits to conduct a
financial and performance audit of the department's implementation of
the bill.
--~r~i-
(4) This bill would declare that it is tc take effect
i,~unediately as an urgency statute.
vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE rE0?LE OF THE STP.TE OF CAL_TFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 355.1 of the Public Utilities Code is
repealed.
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SEC. 2. Section 360.5 is added to the Public Utilities Coded, to
read:
360.5. The commission shall determine that portion of each
existing electrical corporation's retail rate effective on January 5,
2001, that is equal to the difference between the retail rate and
the sum of the costs of the utility's own generation, qualified
facility contracts, bilaterial contracts, and transmission and
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distribution. ..That portion of t,ne retail `rate shall be know, as the
- California Procurement Adjustment. The commission shall further
determine the amount of the California Procurement Adjustment that is
.allocable to the power sold by the department. That amount shall be
payable to the department for deposit in the Department cf Water
Resources Electric Power Fund, established by Section 80200 of ~:~e
Water Code. The amount determined pursuant to this subdivisic:: s^al_'
be known as the Fixed Department of .Water Resources Set-Aside.
SEC. 3. Section 366.5 of the Public Utilities Code is
amended to read:
366.5. (a) No change in the aggregator or supplier of electric
power for any small commercial customer may be made until one of the
following .means of confirming the change has been completed:
(1) Independent third-party .telephone verification.
-(2) Receipt of a written confirmation received in the mail from
the consumer after the consumer has received an information package
_ confirming the agreement.
(3) The customer signs a document fully explaining the nature and
effect of the change in service.
(9) The customer`s consent is obtained through electronic means,
including, but not limited to, computer transactions.
(b) No change in the aggregator or provider of electric power for
any residential customer may be made over the telephone until the
change has been confirmed by an independent third-party verification
company, as follows:
(1) The third-party verification company shall meet each of the
following criteria:
(A) 3e independent from the entity that seeks to provide the new
service.
,(B) Not be directly or indirectly managed., controlled, or
directed, or owned wholly or in part, by an entity that seeks to
'provide the new service or by any corporation, firm, or person who
directly or indirectly manages, controls, or directs, or owns more
than 5 percent of the entity.
• (C) Operate from facilities physically separate from those of the
entity that seeks. to provide the new service.
(D) Not derive commission er compensation based upon the number of
sales confirmed.
(2) The entity seeking to verify the.sale shall do so by
connecting the resident by telephone to the third-party verificatien
", company or by arranging for the third-party verification. company to
call the customer to confirm the sale.
(3) The third-party verification company shall obtain the customer'
s oral confirmation regarding the change, and shall record that
confirmation by obtaining appropriate verification data. The record
shall be available to the customer upon request. Information
obtained from. the customer through confirmation shall not be used for
marketing purposes. Any unauthorized release of this information is
....grounds for a civil suit by the aggrieved resident against the
entity or its employees who are responsible for the violation.
(4) Notwithstanding paragraphs (1), (2), and (3), an aggregator or
provider of electric power shall not be required to .comply with
these provisions when the customer directly calls an aggregator or
provider of electric power to change service providers. However, an
aggregator or provider of electric power shall not avoid the
verification requirements by asking a customer to contact an
aggregator or provider of electric power directly to make any change
in the service provider.
(c) No change in the aggregator or provider of electric power for
any residential customer may be made via an Internet transaction, in
which the customer accesses the website of the aggrega*_or or
provider, unless both of the following occur with respect to
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confirming the change:
- (1) In addition to any other information gathered in the course o_`
the transaction, the customer shall be asked to read and respond tc
a separate screen that states, in easily legible text, 'tne following:
"I acknowledge that in entering this transaction I am voluntarily
choosing to change the entity that supplies me with my electric
power:"
(2) The separate screen shall offer the customer the option ~o
complete or terminate the transaction.
(d) (1) No change in the aggregator or provider of electric power
for any residential customer may be made via a written transaction,
unless the change has been confirmed, as provided in this
subdivision. In order to comply with this subdivision., in addition
to any other information gathered in the course of the transaction,
and in addition to any other signature required, the customer shall
be asked to sign and date a document separate from that written
transaction, containing the .following words printed in 10-point type
or larger:
"I acknowledge that in signing this contract or agreement, I am
voluntarily choosing to change the entity that supplies, me with
electric power.."
" (2) The acknowledgment document described in paragraph (1) may not
be included with a check or in connection with a sweepstakes
solicitation.
(e) Any aggregator or provider of electric power offering
electricity service to residential and .small commercial customers
that switches the electric service of a•customer without the customer'
s consent shall. be liable to the aggregator or provider of electric
power offering electricity services previously selected by the
customer in an amount equal to all charges paid by the customer after
the violation and shall refund to the customer any amount in excess
of the amount that the customer would have been obligated to pay had
the cus*_omer not been switched.
{f) An aggregator or provider of electric power shall keep a ,
record of the confirmation of a change pursuant to subdivision (b),
{c), or (d) for two years from the date of that confirmation, and
shall make those records avaiiab2e, upon request, to the customer and
to the commission in the course of a commission investigation cf a
customer complaint or an investigation pursuant to subdivision (c} of
Section 394.2.
(g) Public agencies are exempt from this section to the extent
they are serving customers within their jurisdiction.
` (h) Notwithstanding subdivisions (c) and (d), the commission may
require third-party verification for all residential changes to
electric service providers if it finds that the application of
. subdivisions {c} and (d) results in the unauthorized changing of a
customer's electric service provider.
(i) An electrical corporation is exempt from this section for
customers that default to the service of the electrical corporation.
(j) Electric power sold to customers pursuant to Section 80100 of
the Water Code is not subject to this section.
SPE. s.~.
SEC. 4. Division 27 (commencing with Section 80000) is added
to the Water Code, to read:
DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER
. CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
80000. The Legislature hereby finds and declares all of the
following:
(a) The furnishing of reliable reasonably priced electric service
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is essential.-for the safety, health, and well-being of the people. of
California. A number of factors have resulted ir, a rapid, unforeseen
shortage of electric power and energy available in *_he state and
rapid and substantial increases in wholesale energy-costs and retail
energy rates., with statewide impact, to such a degree that it
constitutes an immediate peril to the health, safety, lime and
property of the inhabitants of the s*ate, and the public interest,
•welfare, convenience and necessity require the state to participate
in markets for the purchase and sale of power and energy.
(b) In order for the department to adequately and expeditiously
undertake and administer the critical responsibilities established in
this division, i.t must be able to obtain, in a timely manner,
additional and sufficient personnel with the requisite expertise and
experience in energy marketing, energy scheduling, and accounting.
80002. .Nothing in this division shall be construed to reduce or
modify any electrical corporation's obligation to serve. The
commission shall issue orders-it determines are necessary to carry
cut this section.
• 80002.5. Zt is the intent of the Legislature that power accruired
by the department under this division sna11 be sold to all retail end
use customers being served by electrical corporations, and tc those
local publicly owned electric utilities requesting such power. Power
sold by the department to retail end-use customers shall be
allocated pro rata among all classes of customers to the extent
practicable.
80003. (a} The development and operation of a program as provided
in this division is in all respects for the welfare. and the benefit
o f t h e people o f -the s t a t e,-€e-~°-t i~ e-~r.~~,-~e d e~rr~~-e _` t-~:~i=
_ to protect the
public peace,.health, and safety, and constitutes an essential
governmental purpose .
(b) This division shall be construed in a manner so as to
effectuate the purposes and objectives thereof.
80004. (a) The powers and responsibilities of the department
established under this division are within the scope of the primary
. duties of the department, but are net governed by the provisions
relating to the State Water Resources Development System.
(b) The Department of Water Resources Electric Purchases Fund,
established by Section 80200, and the money in that fund are separate
and distinct from any other fund and money administered by the
department.
80010. P.s used in this division, unless the context otherwise
requires, the following terms have the follewir.g meanings:
(a) "Bonds" means bonds, nctes, or other evidences of
indebtedness issued solely for the purposes of paying the cost of
electric power and transmission, scheduling, and other related
,expenses incurred by the department on and after the effective date
of this division, or to reimburse expenditures from the fund for
those purposes.; repaying to the General Fund any advances made to the
.department from appropriations made to the fund pursuant hereto or
hereafter .for purposes of this division, any advances made to the
department from the Water Resources Electric Power Fund, and General
Fund moneys expended by the department pursuant to the Governor's
Emergency Proclamation dated January 17; 2001; establishing or
mai;,taining reserves in connection with the bonds; costs of issuance
of bonds or incidental to their payment. or security; capitalized
' interest; or to renew or refund any bonds.
(b) "Commission" means the Public Utilities Commission.
(c) "Electrical. corporation".has the same meaning as that
term is defined in Section 218 of the Public Utilities Code.
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(d) "Fund" means the Department of Water Resources Electric
Power Fund established by Section 80200.
-(-e}-
(e) "Local publicly owned electric utility" includes the
entities defined in subdivision (d) of Section 9604 of the Public
Utilities Code and publicly owned utilities that provide electricity.
-~_
(f) "Power" means electric power and energy, ir.c.2uding, but not
limited to, capacity and output, or any of them.
(g). "Public utility" has the-same meaning as that term is
defined in Section 216 of the Public Utilities Code.
80012. The department shall do those things necessary and
authorized under Chapter 2 (commencing with Section 80100) to make
power available directly or indirectly to electric consumers in
California. Except as otherwise stated, nothing in this division
authorizes the department to take ownership of the transmission,
generation, or distribution assets of any electrical corporation in
this state.
80014. (a) The department and commission may adopt
regulations for purposes of this division as emergency regulations in
accordance with Chapter 3.5 (commencing with Section. 11390) of Part
1 of Division 3 of Title 2 of .the Government Code. For purposes of
that Chapter 3.5, including•Section 113.49.6 of the Government Code,
*_he adoption of the regulations shall be considered by the Office of
Administrative Law to be necessary for the immediate preservations of
the public peace, health and safety, and general welfare.
Notwithstanding subdivision (e) of Section 11346..1- of the Government
Code, the regulations shall be repealed 180 days after their
effective date, unless the adopting authority or agency complies with
that Chapter 3.5, as provided in subdivision (e) of Section 11346.1
of the Government Code.
(b) Unless the department determines that application of any such
provision to such contracts is detrimental to accomplishing the
purposes of this division, the provisions of the Government Code and
Pubic Contract Code applicable to state contracts, including, but
not limited. to, advertising and competitive bidding requirements and
prompt payment requirements, apply to contracts entered into under
this diviscn.
80016. A11 state agencies and other official state organizations,
and all persons connected therewith, shall and are hereby authorized
tc, at the request of the department, give the department reasonable
assistance or other cooperation in carrying out the purposes of this
.division.
CHAPTER 2. POWER PROGRAM
.Article 1. Powers. of the Department
80100. Upon those terms, limita*_ions, and conditions as it
prescribes, the department may - _
..~_ .. contract with a.ny person,
local .publicly owned electric utility, or other entity for the
purchase of power on such terms and for .such periods as the
department determines and at such prices the department deems
.appropriate taking. into account all of the following:
(z) The intent of the.program described in this division is to
achieve an overall. portfolio of contracts for energy resulting in
reliable ser~rice at the lowest. possible .price per
kilowatthour.
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(b) The need to have contract supplies to fit each ..aspect of the
overall energy load profile.
(c) The desire to secure as much low-cost power as possible under
contract.
(d) The duration and timing of contracts made. available from
sellers.
(e) The length of time sellers of electricity offer to sell such
electricity.
(f) The desire to secure as much firm and nonfirm renewable energy
as .possible. Prior to commencement of the program described in this
division, the department shall assess the need for power in the
state in consultation with the Public Utilities Commission and local
,publicly owned electric utilities and electrical corporations in the
state and such other entities in the state as the department
determines are appropriate. The department may also enter into
options or forward contracts with respect to .the foregoing, and
contract with any person, local publicly owned electric utility, or
other entity for transmission, scheduling, and other related power
services necessary or desirable to accomplish the purposes of this
division.
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80102. (a).Contracts under this division may provide for
the assig:unent thereof on any terms and conditions as the contracts
may specify.
--f~-=-
(b) Any contract for the purchase or sale of
elec*_ric power shall contain any contractual terms and security
provisions as are determined by the department to be necessary cr
apprcprate and the department may enter intc such arrangements
~as may be necessary or appropriate to implement the foregoing
~ ~ 3 9~-a~ e-E9 .
(c) Notwithstanding any other provision of 1a w, the department may
pay or provide for the payment of power or use_of tra:~smission or
distribution facilities and other related services prior to the
delivery or utilization thereof, provided that the department
determines that prepayment is beneficial to ratepayers and that
adequate provision has been made for the security of the department.
80104. Upon the delivery of power to them, the retail end use
customers shall be deemed to have purchased that power from the
department. Payment for any sale shall be a direct obligation of the
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retail end use customer to the department"":
8010E. (a) The department may contract with the related
electrical corporation or its successor in the performance of related
service, for the electrical corporation or its successor in the
performance of related service, to transmit or provide for the
transmission of, and distribute the power and provide billing,
.collection, and other related services, as agent of the department,
on terms and conditions that reasonably compensate the electrical
corporation for its services.
(b) At. the request of the department, the co.~r~mission shall order
the related electrical corporation or its successor in the
performance of related service, to transmit or provide for the
transmission of, and distribute the power and provide billing,
collection, and other related services, as agent of the department,
on terms and conditions that reasonably compensate the electrical
-corporation for its services.
80108. The ccmmission may issue rules regulating the enforceme,^.t
of the agency function pursuant this division, including collecticn
and payment to the department.
,80110. The department shall retain title to all power sold by it
to the retail end use customers. The department shall be entitled to
recover, as a revenue requirement, amounts and at the times necessary
to enable it to comply with Section. 80134, and shall advise the
commission as the department determines. to be appropriate. Such
revenue requirements may also include any advances made to the
department Hereunder or hereafter for purposes of this division, cr
from the Department of Water Resources Electric Power Fund, and
General Fu..^.d moneys expended by the department pursuant to the
Governor's Emergency Proclamation dated January 17, 2001. For
purposes of this division and except as otherwise provided in tris
section, the Public Utility Commission's authority as set forty. in
Section 451 of the Public Utilities Code shall apply, except any just
and reasonable review under Section 451 shall be conducted and
determined by the department. The commission may enter into an
agreement with the department with respect to charges under Section
451 for purposes of .this division, and that agreement.shall have the
force and effect of a financing order adopted in accordance with
Article 5.5 (commencing with Section 84 G) of Chapter 4 of Part l of
Division 1 of the Public Utilities Code, as determined by the
commission: In no case shall -the commission i„crease the electricity
charges in effect on the date that the act that adds this section.
becomes effective for residential customers for existing baseline
quantities or usage by those customers of up to 130 percent of
existing baseline quantities. After the passage of such period of
time after the effective date of this section as shall be determined
by the commission, the right cf retail end use customers pursuant to
Article 6 (commencing with .Section 360) of Chapter 2.3 of Part I of
Division 1 of the Public Utilities Code to be served by other
providers shall be suspended until the department no Longer supplies
power hereunder. The department shall have the same rights with
respect to the payment by retail end use customers for power sold by
the department as do providers of power to such customers.
.80112: All money collected with respect to any power acquired and
sold pursvan't to this division and the Governor's Emergency
.Proclamation dated January 17, 2001, and all money paid directly or
indirectly to or for the account of the department with respect to
any sale, exchange, transfer, or disposition of power acquired
pursuant hereto, shall constitute property of the department and
eha11 be deposited in the fund in accordance with subdivision (b) of
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Section. 80200. To the extent any moneys are held by an electrical
corporation pursuant to Section 80106 in the process of co?lectio.^,
and pending their payment to the department, they shall be held in
trust for the benefit of the department.
80114. The commission shall take trose actions necessary to
ensure that all, or a portion of, the component rates that are
available to electrical corporations for the purchase of their ne*_
snort position, of electricity are used to recover the reve,^.ue
requirements established pursuant to this division.
80116. The department may sell any power acquired by the
department pursuant to this division to retail end use customers, an d
to local publicly owned electric utilities, at not more Iran the
department's acquisition costs, including transmission, scheduling,
and other related costs, plus other costs as provided in Section
.80200, or exchange power with any person or public or private entity.
However, to the extent that-any acquired power is not required for
use within the state, if it is otherwise advantageous and necessary,
the power may be sold, transferred, or otherwise disposed of, or ar.
option may be granted with respect to the power, to any person or
public or private entity. Except to maintain system integrity, the
department shall sell the power that is to be delivered to retail end
use customers within the service area of the electrical co ~o_*ations
that purchase power from the electrical corporations directly to the
retail end use customers.
-~'~•~x-
80120. The department may fix and establish the procedure
and charges for the sale or other disposal of power purchased by the
department. _ ,. ~ .. _~ _ _
etle~e:tte 9'C~~°~(.~~~Y@3~ G®~ei~d~~6i'!9, ''`-___ _ ;,
---F~- .
80222. The department may do any of the following as may
be, in the determination of-the department, r_ecessary for the
purposes of this division:.
-~_
(a) Hire and appoint employees as required, at salary levels
determined by the director to be competitive to attract and retain
persons with the necessary expertise and skills. Prior to hiring or
appointing an employee at a salary in excess of a salary approved by
the Department of Personnel Administration, the director shall submi*_
the proposed salary to the Director of Finance who shall submit it
to the Legislature in accordance with Section 27.00 of the annual
Budget Act.
--{~}-
(b) Engage the services of private parties to render
professional and: technical assistance and advice and other
services in carrying out the purposes of this division.
(cJ Contract'for the services of other public agencies.
• (d) The State Personnel Board. and the Department of Personnel
Administration, shall assist the department ir, e:rpediting the hiring
of personnel necessary and desirable for. the timely and successful
implementation and administration of the department's duties and
responsibilities pursuant to phis division.
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ChAPTER 2. 5. BONDS
80I30. The department may incur indebtedness and issue bonds as
evidence thereof, provided that bonds may not be issued in an amount
tiie debt service o.^ which, to the extent payable from the fu;:d, is
• expected by the department to exceed the amounts expected to be
available in_the fund for their payment. In no event shall-.the
department authorize the issuance of bonds (excluding notes issued in
anticipation of the issuance of bonds and retired from the proceeds
of those bonds) in an aggregate amount greater than the amount.
calculated by multiplying~by a factor of four the annual revenues
generated by the California Procurement Adjustment, as determined by
the commission pursuant to subdivision (a) of Section 360.5.
80132. (a) Bonds may be issued by the department upon
authorization by written determination of the director of the
department with the approval of the Director of Firance. The bonds
shall be sold at such prices and in such manner, and on such terms
and conditions, as shall be specified in such determination., and such
-determination may contain or authorize any other provision,
condition, or (imitation not inconsistent herewith and such
provisions as may be deemed reasonable and proper for the security of
the bondholders. Bonds may mature at such time or times., and bear-
. interest at such rate or rates, which may be fixed or variable and be
determined by reference to an index or such other method, as shall
be specified in such determiinatior.. Neither the person executing the
determination to issue bonds nor any person executing bonds shall be
personally liable therefor or be subject to any personal liability
or accountability by reason of the issuance thereof_
(b) In the discretion of the department, ary bonds may be secured
by a trust agreement by and between the department and a corporate
trustee, which may be any trust company or bank having trust powers
within. or without the state, or the State Treasurer. .Notwithstanding
ary other provision of 1a w, the State Treasurer shall not be deemed
to have a conflict of interest by yeas a~ of acting as such trustee.
The department may enter into such contracts or arrangements as it
shall deem to be necessary or appropriate for the issuance and
further security of the bonds.
(c) Bonds shall be legal investments for all trust funds, the
funds of all insurance companies, banks both commercial and savings,
trust companies, executors, administrators, trustees, and other
fiduciaries,- for state school funds, pension funds, a,^d, fer any
funds that .may be invested in county, school, or municipal bonds.
(d) Notwithstanding that bonds may be ,payable frcm a special fund,
they shall be deemed. to be negotiable instruments fer all purposes.
(e) Any and all bonds, their transfer and the income therefrcm
shall at all.times be free from taxaticn of every kind by the state
and by all political subdivisions of the state.
(f) Bonds shall. not be deemed to constitute a debt or liability of
the state or of any political subdivision thereof, other than the
department, or a pledge of the faith and credit of the state or of
any such political subdivision, other than the department, but shall
be payable solely from the funds herein provided for. All bonds
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shall contain a statement to the following effect: "Neither the faith
.and credit nor the taxing power of the State of California is
pledged to the .payment of the principal of or interest on Iris bond."
- The issuance of bonds shall not directly or indirectly or
contingently obligate the state or any political subdivision t:,erecf
to levy or to pledge any form of taxation whatever therefor or tc
make any appropriation for their payment.
(q) The department may pledge or assign any revenues under any
obligation entered into, and rights to receive the same, and moneys
on deposit in the fund and income or revenue derived from the
investment thereof, as security for the department's obligations
• hereunder. It is the intention of the Legislature that any pledge of
moneys, revenues, or property made by the department shall be valid
end binding from the time when the pledge is made; that the moneys,
revenues, or property so pledged and thereafter collected from retail
end use customers, or paid directly or indirectly to or.for the
account of the department, is hereby made., and shall immediately be,
' subject to the lien of such pledge without any physical delivery
thereof or further act; that the lien of any such pledge shall be
valid and binding as against all parties having claims of any kind it
tort, contract,, or otherwise against the department irrespective of
_ whether such parties have notice thereof, and that no resolution or `
instrument by which such pledge or lien created pursuant to this
` subdivision is expressed, confirmed, or. approved need be filed or
recorded in order to perfect such pledge or Lien. The provisions
hereof shall in all respects govern the creation, perfecticr.,
priority, and enforcement of any lien created hereby or hereunder..
80139. The department shall, and in any obligation entered into
• pursuant to this division may covenant to, at least. annually, and
more frequently as required, establish and revise revenue
reaurements sufficient, together with any .moneys on deposit in the
fund, to provide all of the following:
(a )' The amounts necessary to pay the principal of and premium, if
any, and ,interest on all bo:.ds as and whe.^, the same shall become due..
(b) The amounts necessary to pay for power purchased by it and to
celiver it to purchasers, or to make payments under ary other
cgntracts, agreements, or obligations entered into by it pursuant
Hereto, in the amounts and at the times the same shall become due.
(c) Reserves in such amount as may be determined by .the department
from time to time to be necessary or desirable.
CHAPTER 3. DEPARTMENT OF WATER RESOURCES ELECTRIC PURCHASES
FUN D
80200. (a) There is .hereby established in the State Treasury the
Department of Water Resources Electric _
Power ,Fund. Notwithstanding Section 13340 of the
Government Code, all moneys in the fund are continuously
appropriated, without regard to fiscal year, to the department, and
shall be available for the purposes of this division. It is the
intent of the Legislature that this fund be a continuation of the
fund created in Chapter 3 of the Statutes of 2001 (SB 7 of the First
2OQ1-02 Extraordinary Session).
{b) All revenues payable to the department under this division
shall be deposited in the fund. Notwithstanding any other provision
of law, interest accruing on money in the fund shall remain in the
fund and shall be used for the purposes of this division.: Payments
from the fund may be. made only-for the purposes authorized by this
division, including, but not limited to, payments for any of the
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following:
(1) The cost of electric power _ _
and transmission, scheduling, and other related expenses incurred
by the department.
(2) The pooled money investment rate or. funds advanced for
electric power purchases prior to the receipt of payment for those
purchases by the purchasing entity.
(3) Payment of any bonds or other contractual obligations
authorized by this division.
-~-
(4) Repayment to the General Fund of ..
- _ _ appropriations
made to the fund pursuant hereto or hereafter for purposes of this
division, appropriations made to the Department of Water Resources
Electric Power Fund, and General Fund moneys expended by the
department pursuant to the Governor's Emergency Proclamation dated
January 17, 2001. It is the intent of the Legislature that such
repayment be made as soon as practicable.
(5) The administrative costs of the department incurred in
administering this division.
(c) Obligations authorized by this division shall be payable
solely from the fund. Neither the full faith and credit nor the
taxing power of the state are or may be pledged for any payment under
any obligation authorized by this division.
(d) While any obligations of the department incurred u..^,der this
division remain outstanding and not fully performed or discharged,
the powers, duties, and existence of the department shall not be
diminished or impaired in any manner that will affect adversely the
interests and rights of the holders of cr parties to such
obligations. The department may include this pledge and undertaking
of the state in the department's obligations.
CHP.PTER 4. REPORTING
r E-~_,c^~--
80250. The department shall make quarterly and annual
reports to the Gcvernor and the Legislature regarding its activities
pursuant to this division .
CHAPTER 5. TERMINATION OF AUTHORITY TO CONTRACT
8 63 i~c .
80260. The department shall
of electrical power on and after
not effect the authority of the
entered into prior to that date
electricity..
CHAPTER 6. AUDIT
not contract for the purchase
January 1, 2003. This section does
department to administer contracts
or the department's authority to sell
6 2~ ?~.
80270. The Bureau of State Audits shall conduct a financial
and performance audit of the department's implementation of this
division. The audit shall be completed before December 31, 2001.
The bureau shall issue a final report on or before March 31, 2003.
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SEC. 5. The sum up to -~tr~#~ee} ' ' ' .~
five hundred million dollars
($500,000,000) is hereby transferred from the General Fund to
the Department of Water Resources Electric-=~==~=~;
Power Fund, established by Section 80200 of the
Water Code, for the purposes of Division 27 (commencing with Section
80000) of the Water Eeele-gee-~ee~re=:~~e~ -.__:=on
^' Code. The five hundred
million dollars ($500,000,000) shall be repaid from the fund to
the General Fund at the earliest possible time.
6r~3.
SEC. 6. The Department of Finance may authorize the creatio:z of
deficiencies for the appropriation made by Section 5 of the act
adding this section. No deficiency may be approved under this
section any sooner than 10 days after written notification of the
proposed deficiency is given to the Chairperson of the Joir.t
Legislative Budget Committee.
.SEC. 7. This act is an urgency statute necessary for the
irunediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go intc
immediate effect. The facts constituting the necessity are:
In order to address the rapid, unforeseen shortage of electric
power and energy available in the state and rapid and substantial
increases in wholesale energy costs and retail energy rates, that
endanger the health, welfare, and safety of the people of this state,
it is necessary for this act to take effect immediately.
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BILL NUMBER: ABX1 18 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hertzberg
JANUARY 25, 2001
An act to amend Section 11005.1 of the Government Code, to add
Sections 368.2, 368,3, and 368.4 to the Public Utilities Code, and to
add and repeal Division 27 (commencing with Section 80000) to the
Water Code, relating to public utilities, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 18, as introduced, Hertzberg.' Public utilities: Public
Utilities Commission: Department of water Resources.
(1) Existing .law authorizes the Director of Finance to accept on
behalf of the state any gift of real or personal property whenever
the director deems that gift and the terms and conditions thereof are
in the best interest of the state.
This bill would specifically authorize the director to accept on
. behalf of the state any tangible or intangible asset of an electrical
corporation, as defined, including any parent or subsidiary
corporation of_that electrical corporation. The bill would provide
that the acceptance of any asset by the director is deemed in the
best interest of the state.
(2) Existing law restructuring the electrical industry establishes
a process for the recovery by specified electrical corperatior.s of
certain uneconomic costs during a transition period that began on
January 1, 1998, and ends for an electrical corporation at the
earlier of March 31, 2002, or the date the electrical corporation
fully recovers its uneconomic costs. Existing law imposes during the
transition period a rate freeze and a rate reduction, as prescribed.
This bill would require the commission to establish within its
retail rate that existed for an electrical corporation on January 8,
2001, adedcated rate component that enables the electrical
corporation to recover its net undercollected amount, as defined.
'The bill would require the dedicated rate component to be amortized
over a 1C-year period.,
(3) Under existing law relating to the Central Valley Project, the
Department of Plater Resources has the authority to fix and establish.
the prices, rates, and charges. at which the resources and facilities
made available by the project are sold and disposed of, and to enter
.into contracts and agreements and do any and all things that the.
department determines to be necessary, convenient, or expedient for
the accomplishment.of the purposes and objectives of that existing
law.
This bill would authorize the department to enter into contracts
for'the purchase and sale of electric supply from public and private
entities and to fix and establish the procedure and charges for the
sale or other disposal~of power purchased by the department. The
bill would also authorize the.department to hire and appoint
additional employees and contract for-the services of public and
prvate-entities, as specified. The bill would authorize the
department to adopt emergency regulations for the purposes of this
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bill.
The bill would establish the Department of water Resources
Electric Power Fund, and continuously appropriate all moneys ir: *_he
fund to the department for the purposes of the bill. The bill would
appropriate as a loan an unspecified amount from the General Fur:d tc
the fund for the purposes described above, and require .repayment to
the General Fund at the earliest possible time.
The bill would authorize the Treasurer to incur indebtedness and
issue securities and would provide that the proceeds of any bor.~ds
issued may be used for the purposes of repaying General Fund loans
made pursuant to this division and for the purposes of fi:iancing the
difference between the state's procurement costs and the proceeds the
state receives from the sale of electricity.
The bill would provide for a review of the prcgram effective
January 1, 2006, and would provide for a repeal of the program on ar
unspecified date.
(4) The bill would declare that it is to take effect immediately
as an urgency statutes.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1} The restructuring of the California electricity industry has
seriously and immediately endangered the continued provision of
reliable electric service at reasonable prices, which is essential tc
the well-being of the state's people and economy.
(2> Unjust and unreasonable wholesale prices in the California
electricity market have seriously undermined the ability of municipal
and investor-owned utilities to provide reliable and reasonably
priced electricity service.
(3} The financial stability of the state's investor-owned
utilities, which is essential to the functioning of this state's
electricity industry, has been seriously endangered by the wholesale
prices that these utilities have had to absorb without the current
ability to include these wholesale costs in their retail rates.
(4) To correct this situation and protect the interests of the
state's citizens and economy in having reliable and reasonably priced
electricity, prompt action must be taken to achieve the following
interrelated objectives: enabling the Department of Water Resources
to acquire electricity by various methods to fulfill the ratepayers'
need for power that is not provided by the utilities; establishing a
designated rate component to enable utilities to recover from
customers, on a least cost-stabilized basis, the utilities' costs of
procuring electricity in the wholesale markets and from qualified
facilities; and making certain revisions in the restructuring statute
to, among other things, confirm the Legislature's intent that,
except as specifically provided otherwise in the Public Utilities
Code, the utilities are to retain their present generation facilities
and operate them for the benefit of their retail customers und?r
cost-based ratemaking.
(b) This act, which shall be known ar.d may be cited as the
" ," is enacted to accomplish the objectives described in
subdivision (a) in an integrated; effective, and immediate manner.
SEC. 2. Section 11005.1 of the Government Code is amended to read:
11005.1. (a) The Director of Finance may accept on
behalf of the -~3tA-- state any
e~~- transfer of real or personal property
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~~- are in the best interest of the
~•~e~e- state .
(b) In consideration for the provisions contained in the act tha*_
added this subdivision, the director may also accept on behalf of the
state any tangible or intangible asset of an electrical cornoratic^,
as defined in Section 218 of the Public Utilities Code, including
any parent or subsidiary corporation. The acceptance by the director
of any tangible or intangible asset pursuant to this subdivisicn is
deemed in the best interests of the state, thereby waiving any
obligation of the director to make the determination described in
subdivision (a).
SEC. 3. Section 368.2 is added to the Public Utilities Code, to
read:
368.2. The Legislature hereby finds and declares that it is
proper to permit electrical corporations to recover the reasonable
costs that they have previously incurred to purchase elec*_ricity a*_
wholesale for delivery to retail customers, net of certain revenues
received by those electrical corporations for the sale of power into
wholesale markets during that period.
SEC. 4. Section 368.3 is added to the Public Utilities Code, to
read:
366.3. The definitions set forth in this section govern the
construction of this part.
(a) "Adjusted transition cost balancing account" means the
positive balance of the electrical corporation's transition cost
balancing account as of December 31, 2000, increased by the sum of
all of the following:
(1) The amount to be included in the electrical corporation's
rates in calendar year 2001 with respect to fixed transition amounts,
which shall also be known as "trust transfer amounts."
(2) The amount included ir. the electrical corporation's retail
rates for January 2001 to recover costs incurred by the electrical
corporation for prior periods.
(3) The balances in the electrical corporation's generation
revenue going forward accounts as of December 31, 2000.
(b) "Net undercollected amount" means the negative balance of an
electric corporation's transition revenue account as of December 31,
2000, reduced by the positive balance of the electric corporation's
adjusted transition cost balancing account as of December 31, 2000.
(c) "Transition cost balancing account" means the account
established for the purpose of tracking certain transition costs, as
defined in Section 367, as that account is currently maintained
consistent with the past requirements of the commission. In
computing the transition cost balancing account as of December 31,
2000, the electrical corporations' presently owned generating
facilities will be recorded at the net value at which they are then
carried on their respective books, provided that with respect to
nuclear generating stations, the electrical corporation's rate base
will be calculated without application of overcollections in the
transition cost balancing account to accelerate depreciation.
SEC. 5. Section 368.4 is added to the Public Utilities Code, to
read:
368.9. (a) Notwithstanding any other provision of law, the
commission shall establish within the retail rate established by the
com*nission that existed for an electrical corporation on January 8,
2001, a dedicated rate component that enables the electrical
corporation to recover its net undercollected amount. The net
undercollected amount shall be amortized over a 10-year period.
(b) No electrical corporation shall have any obligation to enter
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into additional contracts to purchase power or ancillary services
unless the electrical corporation has a credit iri°vestment rating of
BBB+ or better, and no electrical corporation shall be found to have
acted imprudently or unreasonably for failing to enter into a
contract.
(c) If the Federal Energy Regulatory Commission orders a refund or
if a federal court order requires an increase in an electrical
corporation's rate because the wholesale prices charged by generators
of electricity were not just and reasonable, the commission shall
adjust the dedicated rate component to reflect the refund.
(d) The commission shall also establish a separate rate component
to recover the costs of electric supply, as defined in Section 800:0
of the Water Code, delivered by the Department of Water Resources to
the public utility electrical corporation for delivery to bundled
service retail customers. This separate rate component shall be
sufficient to finance an amount that will provide funding for payment
in full of the costs of electric supply as defined in Section 8001C
of the Water Code for a reasonable period of time. The commission
may .approve an allocation, by class, of the costs of electric supply
among the customers of the public utility electrical corporation.
Each class of retail customers of the public utility electrical
corporation shall be obligated to pay the costs of electrical supply
.until the costs allocated to that class are paid in full. It is the
intent of the Legislature to authorize the increase of the rate
component if the amount of indebtedness pursuant to Division 27
(commencing with Section 80000) exceeds to provide for debt
service.
{e) The commission shall direct each public utility electrical
corporation to include the rate established by the commission
pursuant to subdivision (d) on its bills to retail customers, and to
account for and remit the amounts collected with respect to that rate
to the Department of Water Resources. For the purpose of accounting
pursuant to this subdivision, the commission shall establish an
accounting procedure to track and recover costs as described in
subdivision (d). The public utility electrical corporation shall act
solely as the agent of the Department of Water Resources with
respect to the billing and collection of that rate, and shall have no
right, title, or interest in or to the revenues received or
receivable from retail customers with respect to that rate. The
Departmen*_ of Water Resources shall have all right, title, and
interest to receive all revenues from retail customers with respect
to that rate, even in the event that a public utility electrical
corporation files for bankruptcy or is subjected to a receivership or
fails to remit those revenues for any other reason.
SEC. 6. Division 27 (commencing with Section 80000) is added to
the Water Code, to read:
DIVISION 27. PURCHASE AND SALE OF ELECTRIC POWER
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
80000. The Legislature hereby finds and declares all of the
following:.
(a) The furnishing of reliable, reasonably priced electric service
is essential for the safety, health, and well-being of the people of
California.
(b) The construction of insufficient generation capacity in recent
years, transmission constraints, increased demand for electricity,
and other factors have resulted in a rapid, unforeseen shortage of
electric supply available in the state and rapid and substantial
increases in wholesale energy costs and retail energy rates, with
statewide impact, to a degree that it constitutes an immediate peril
to the health, safety, life, and property of the inhabitants of the
state. The public interest, welfare, convenience, and necessity
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require the state to participate in markets for the purchase and sale
of electric supply, but not to own the transmission or distribution
assets of any investor-owned utility in the state.
(c) In order for the department to adequately and expeditiously
undertake and administer the critical responsibilities established in
this division, it must be able to obtain, in a timely manner,
additional and sufficient personnel with the requisite exper-~se and
experience in energy marketing, energy scheduling, and accounting.
80003. (a) The development and operation of a program as provides
in this division is in all respects for the welfare and the benefit
of the people of the state, and for the improvement of their
prosperity and their living conditions.
(b) This division shall be construed in a manner so as to
effectuate the purposes and objectives thereof.
80009. (a) The powers and responsibilities of the department
established in this division are within the scope of the primary
duties of the department, but are not governed by the provisions
relating to the State Water Resources Development System.
(b) The Department of Water Resources Electric Power Fund,
established by Section 80200, and the money in that fund are separate
and distinct from any other fund and money aaministered by the
department.
80005. The revenues payable to the department under this division
by retail customers guarantee the creditworthiness of the
department.
80010. As used in the division, unless the context otherwise
requires, the following terms have the following meanings:
(a) "Costs of electric supply" means all reasonable and necessary
costs incurred by the department to deliver electric supply to the
local publicly-owned electric utilities and public utility electrical
corporations, including payments made under contracts to purchase
power, and the costs of financing that are not paid to the department
on a current basis, less any revenues received from the sale of
excess power as described in subdivision (c) of Section 80100.
(b) "Electrical corporation" has the same meaning as that term is
defined in Section 218 of the Public Utilities Code.
(c) "Electric supply" means electric power, energy, or ancillary
services, including, but not necessarily limited to, power, energy,
or ancillary services purchased pursuant to power purchase contracts,
including power purchase contracts with qualifying facilities, or
from, by, or through the Power Exchange or the Independent System
Operator, and also including all related charges, including, but rot
necessarily limited to, administrative or similar charges of the
Power Exchange and grid management or similar charges of the
Independent System Operator. "Electric supply" also includes the
procurement of natural gas, storage, and transportation for use by
generators, including qualifying facilities, pursuant to power
purchase contracts in which the department elects to procure gas
supplies.
(d) "Fund" means the Department of Water Resources Electric Power
Furd established by Section 80200.
(e) "Local publicly-owned electric utility" has the same meaning
as that term is defined in subdivision (d) of Section 9604 of the
Public Utilities Code.
(f) "Public utility" has the same meaning as that term is defined
in Section 216 of the Public Utilities Code.
(g) "Requesting utility" means a public utility electrical
corporation or a local publicly-owned electric utility that requests
the department to procure electrical supply for its retail customers
pursuant to this division.
80012. The department shall be regarded as performing a .
governmental function in carrying out this division. The department
shall do those things necessary and authorized under Chap*_er 2
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(commencing with Section 80100) to make electric supply available
directly to electric consumers in the state.
80019. (a) The department may adopt regulations for purposes of
this division as emergency regulations ir. accordance with Chapter 3.~
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code. For purposes of that chapter of the
Government Code, including Section 11349.6 of the Government Code,
the adoption of the regulations shall be considered by the Office o`
Administrative Law to be necessary for the immediate preservation of
the public peace, health and safety, and general welfare.
Notwithstanding subdivision (e) of Section 11346.1 of the Government
Code, the regulations shall be repealed 180 days after their
effective date, unless the adopting authority or agency complies with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Divisicn 3
of Title 2 of the Government Code, as provided in subdivision (e) of
Section 11346.1 of the Government Code.
(b) Unless the department determines that the application of any ,
provision of the Government Code or the Public Contract Code
applicable to state contracts, including, but not limited to,
advertising and competitive bidding requirements and prompt payment
requirements, to the contracts entered into under this division is
detrimental to accomplishing the purposes of this division, those
provisions shall apply to the contracts entered into under this
division.
80016. All state agencies and other official state organizations,
and all persons connected therewith, shall, and are authorized to
give, at the request of the department, the department reasonable
assistance or other cooperation in carrying out the purposes of this
division.
CHAPTER 2. POWER PROGRAM
Article 1. Powers of the Department
80100. Upon those terms, limitations, and conditions as it
prescribes, the department may do any of the following:
(a) (1) Contract with any person or entity for the purchase of
electric supply on such terms and for such periods as the department
determines and for such prices as the department deems appropriate
taking into account all of the following:
(A) The intent of the program described in this division, which is
to enable the department to utilize whatever contracting options it
deems necessary to develop a portfolio of available energy supply
contracts that achieve the lowest, reasonable, stable price for
electric consumers.
(B) The need to have contract supplies to fit each aspect of the
overall energy load profile.
(C) The desire to secure as much low-cost electric supply as
possible under contract.
(D) The duration and timing of contracts made available from
sellers.
(E) The length of time sellers of electricity offer to sell such
electricity.
(2) Prior to commencement of the program described in this
division, the department shall assess the need for electric supply in
the state in consultation with the Public Utilities Commission and
public and private utilities in the state and such other entities in
the state as the department determines are appropriate. Nothing in
this division authorizes the department to enter into or engage in a
transmission or distribution enterprise.
(3) Sell, exchange, transfer, or otherwise dispose of, or grant
options with respect to any electric supply acquired by the
department pursuant to this division directly, at the department's
acquisition costs plus those costs as provided in paragraphs (2) to
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(4), inclusive, of subdivision (c) of Sectioh 80200, to electric
consumers in California; however, to the extent any acquired electric
supply is not required for use within the state, or if it is
otherwise advantageous or necessary, the power may be sold,
exchanged, transferred, or otherwise disposed of to any person or
entity.
(b) Deliver electric supply to a requesting utility.
(c) Fix, establish, and make public the procedures, rates, ar.d
charges for the sale or other disposal of electric supply by the
department.
(1) The retail customers of the requesting utilities shall be
responsible for reimbursing the department for its costs of electric
supply delivered by the department to the requesting utilities. As
soon as~possible after the enactment of this act, and in any event ne
later than September 1, 2001, and on each September l thereafter,
the department shall approve and make public its estimate of its
costs of electric supply for the following 12-month period. The
department shall express-its estimate in sufficient detail to permit
the establishment of retail rates as described in paragraph (3).
Eighteen months after the first estimate, and at each anniversary of
that date. thereafter, the department shall approve and make public
its actual costs of electric supply for the 12-month period ended six
months before the announcement.
{2) {i) The governing board of each local publicly-owned electric
utility shall establish the ra*_es that it will charge retail
customers for electric supply delivered by the department. The
governing board shall establish an accounting procedure to track and
recover the cost of electric supply.
(ii) The Public Utilities Commission shall establish, in
accordance with Section 377 of the Public Utilities Code, the rates
that public utility electrical corporations will charge retail
customers for. electric supply delivered by the department.
(iii) Rates established by a governing board or the Public
Utilities Commission shall be sufficient to ensure payment in full of
the department's cost of electric supply. Rates established by a
governing board or the Public Utilities Commission shall be separate
from, and in addition to, rates charged to retail customers for
services other than electric supply delivered by the department.
(3) The department's costs of electric supply shall be allocated
to, and tracked by, customer class. The department shall apportion
its costs of electric supply between the retail customers, in
aggregate, of each requesting utility. The department shall track
the recovery of its costs of electric supply from each class of
retail customers. The requesting utilities shall not incur or bear
any of the costs of electric supply. Nothing in this section is
intended to limit the jurisdiction of a local publicly-owned electric
utility, with respect to its retail customers, or the Public
Utilities Commission, with respect to a public utility electrical
corporation, to allocate among retail customer classes the department'
s costs of electric supply as apportioned by the department.
(4) A public utility electrical corporation shall act solely as
the agent of the department with respect to the billing and
collection of the costs of electric supply, and shall have no right,
title, or interest in or to the revenues received or receivable from
retail customers in respect thereof. All funds remitted to the public
utility electrical corporation as agent shall be deemed to be held
in trust by the public utility electrical corporation and shall be
promptly accounted for and remitted to the department. The
department shall have all right, title, and interest to receive all
revenues from retail customers with respect to the rates established
by the Public Utilities Commission for recovery of the costs of
electric supply.
(d) Do any of the following as may be, in the determination ~f rhA
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department, .necessary for the purposes of this division:
(1) Hire and appoint employees as required, at salary levels
determined by the director to be competitive to attract and retain
persons with the necessary expertise and skills. Prior to hirino or
appointing an employee at a salary in excess of a salary approved by
the Department of Personnel Administration, the director shall submit
the proposed salary to the Director of Finance who shall s~,:bmit it
to the Legislature in accordance with Section 27.00 of the annual
Budget Act.
(2) Engage the services of private parties to render professional
and technical assistance and advice in carrying out the purposes of
this division.
(3) Contract for the services of other public agencies.
(9) Receive from requesting utilities estimates of future load
requirements, differentiated by season and time of use, that may not
be satisfied by electricity generated by powerplants that the utiiit}~
owns in whole or in part or by electricity purchased by t'r~at utility
pursuant to contract. The department shall consult with the State
Energy Resources Conservation and Development Commission to determine
the future load requirements that the department shall be
responsible for meeting.
(5) The department shall procure sufficient electric supply
pursuant to this division to meet the load requirements of bundled
retail customers of public utility electrical corporations that are
not met from generation assets owned by the public utility electrical
corporation and contracts entered into by the electrical corporation
prior to January 1, 2001. The department shall be responsible for
all costs of electric supply to meet the load requirements of those
customers that are not met from the generation assets or contracts,
including costs of electric supply acquired by the Independent System
Operator or its successor and charged to the electrical corooraticn.
No public utility electrical corporation shall have any obligation
to enter into additional contracts to purchase electrical supply
after the effective date of the act that adds this division, unless
the electrical corporation has a credit investmen*_ rating of BBB+ or
better, and no electrical corporation shall be found to have acted
imprudently or unreasonably for failing to enter into those
contracts.
(6) The department may assume existing contracts for the purchase
of electric supply and to enter into new contracts for the purchase
of electric supply.
(e) Borrow money in anticipation of the receipt of revenues or for
cash flow management, and for this purpose issue notes or other
evidence of indebtedness and provide for repayment with respect
thereto, and to renew or refund any notes or other evidence of
indebtedness. However, any notes or other evidence of indebtedness
shall be payable solely from the fund and shall mature within 90 days
of issuance.
Article 2. Department of Water Resources Electric Power Fund
80200. (a) There is hereby established in the State Treasury the
Department of Water Resources Electric Power Fund. Notwithstanding
Section 13340 of the Government Code, all moneys in the fund are
continuously appropriated, without regard to fiscal years, to the
department, and shall be available for the purposes of this division.
(b) All revenues payable to the department under this division by
retail customers of requesting utilities that have purchased power
from the department shall be deposited in the fund. Notwithstanding
any other provision of law, interest accruing on money in the fund
shall be used for the purposes of this division.
(c) Fayments from the fund may be made only for the purposes
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authorized by this division, including the following;
(1) The cost of electric supply purchased by the department.
(2) The pooled money investment rate on funds advanced for
electric supply purchases prior to the receipt of payment for those
purchases by the purchasing entity.
(3) Repayment to the General Fund of any advances made to the
department from the fund.
(9) The administrative costs of *_he department incurred in
administering this division.
(d) The administrative costs of the department incurred in
administering this division shall be provided for in the ar.nuai
Budget Act.
(e) Obligations authorized by this division shall be payable
solely from the fund. Neither the full faith and credit nor the
taxing power of the state are or may be pledged for any payment under
any obligation authorized by this division.
CHAPTER 3. BONDS AND NOTES
80210. The Treasurer may incur indebtedness and issue securities
of any kind, and renew them, if all indebtedness incurred by the
Treasurer is payable solely from the revenues derived pursuant to
this division.
80211. (a) At times that the department desires to issue bonds,
as defined in Section 80212, it shall adopt a resolution specifying
the total amount cf bonds proposed to be issued. The maximum
aggregate principal amount of bonds that may be issued under the this
division is plus the amount of any indebtedness authorized by
Section 80229.
(b) (1) The proceeds of any bonds issued under this chapter may be
used for the purpose of repaying General Fund loans made pursuant to
this division and for the purposes of financing the difference
be*_ween the state's procurement costs and the proceeds the state
receives from the sale of electricity.
(2) It is the intent of the Legislature to establish a procurement
rate component that is equal to the difference between the retail
rate as it existed on January 8, 2001, and the sum of the costs of
the utility's own generation, qualified facility contracts, bilateral
contracts, transmission and distribution, and the dedicated rate
component specified in Section 368.4.
(c) Notwithstanding
any other provision of this division, no indebtedness may be
incurred in excess of the amount that may be amortized out of the
dedicated rate component.
80212. (a) The Treasurer may, from time to time, issue negotiable
bonds, notes, debentures, or other securities, collectively called
"bonds," for the purpose of this division.
(b) The bonds may be authorized for the purposes specified in
subdivision (b) of Section 80211.
80213. (a) In anticipation of the sale of the bonds as authorized
by Section 80210, or as may be authorized pursuant to Section 80211,
the Treasurer may issue and may renew, from time to time, negotiable
bond anticipation notes or commercial paper. The bond anticipation
notes and commercial paper may be paid from the proceeds of the sale
of the bonds of the Treasurer in anticipation, of which they were
issued.
(b) Notes and relating agreements and bond anticipation notes and
commercial paper, collectively called "notes," and the resolution
authorizing the notes or commercial paper, may contain any
provisions, conditions, or limitations that a bond, a relating
agreement, and a bond resolution of the department may contain,
except that the notes and commercial paper, and renewals, shall
mature at a time not exceeding 20 years from the date of issue of r_hP
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original notes or commercial paper.
80213.5. (a) Except as may be otherwise expressly provided b}' *_hE
Treasurer, every issue of bonds, notes, or other obligations sr.all
be payable from the revenues derived pursuant to this division, and
not otherwise pledged, subject only to any agreement with the holders
of particular bonds, notes, or other obligations pledging any
particular revenues or money and subject to any agreement with anv
participating party. "
(b) Notwithstanding that the bonds, notes, or other obliaaticrs
may be payable from a special fund, they shall be, and be deemed t
be, for ail purposes negotiable instruments, subject only to the v
provisions of the bonds, notes, or other obligations for
registration.
80214. (a) The bonds may be issued as serial bonds or as term
bonds, or the Treasurer, in his or her discretion, may issue bonds o_°
both types.
(b) The bonds shall be authorized by the Treasurer and shall bear
the date or dates, mature at the time or times, not exceeding 20
years from their respective dates, bear interest at the rate or
rates, be payable at the time or times, be in the denominations, be
in the form, either coupon or registered, carry the registration
privileges, be executed in the manner, be payable in lawful money of
the United States of America at the place or places, and be subject
to the terms of redemption, as the resolution or resolutions may
provide.
(c) The bonds or notes shall be sold by the Treasurer within 60
days of receipt of a certified copy of the department's resolution
authorizing the sale of the bonds, except that the department, at its
discretion, may adopt a resolution extending the 6-0-day period. The
sales may be at public or private sale, and for the price or prices
and on the terms and conditions, as the Treasurer shall determine.
(d) Pending preparation of the definitive bonds, the Treasurer may
issue interim receipts, certificates, or temporary bonds that shall
be exchanged for the definitive bonds. The Treasurer may sell any
bonds, notes, or other evidence of indebtedness at a price or prices
below par value without any limitation on price or prices.
80215. P.11 expenses incurred in carrying out this chapter shall
be payable solely from funds provided under the authority of this
division and no liability or obligation shall be imposed upon the
State of California and, except as provided in Section 80229., none
shall be incurred by the state beyond the extent to which moneys
shall 'nave been provided under this division. Under no circumstances
may the Treasurer create any debt, liability, or obligation on the
part of the State of California payable from any source whatsoever
other than the moneys provided under this division.
80216. Any resolution or resolutions authcrizing any bonds, or
any issue of bonds, may contain provisions that shall be a part of
the contract with the holders of the bonds to be authorized, as to
the following:
(a) Pledging all or any part of the revenues of any asset or any
revenue-producing contract or contracts made by the department with
any individual, partnership, authority, or association or other body,
public or private, to secure the payment of the bonds or of any
particular issue of bonds, subject to any agreement with bondholders
that may then exist.
(b) The rentals, fees, purchase payments, and other charges to be
charged, .and the amounts to be raised in each year thereby, and the
use and disposition of the revenues.
(c) The setting aside of reserves or sinking funds, and the
regulation and disposition therecf.
(d) Limitations en the issuance of additional bonds, the terms
upon which additional bonds may be issued ar.d secured and the
refunding of outstanding bonds.
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(e) The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds that
the holders who are required to consent thereto, and the manner in
which the consent may be given.
(f) Limitations on administrative or other expenses of the
Treasurer.
(g) Defining the acts or omissions to act which constitute a
default in the duties of the department to hclders o° obligatic^s,
and providing the rights and remedies of the holders in the event cf
a default.
(h) The mortgaging of any asset, or any portion of an asset, for
the purpose of securing the bondholders.
(i) Terms and conditions under which a buyer of all or a portion
of an asset may assume the responsibilities for repayment of the
remaining balance of the bonds issued by the Treasurer.
(j) Prior to issuance of the bonds, ratepayer liability for
repayment of the bonds shall be determined in a process established
by the Treasurer.
80218. The Treasurer may, from any available funds, purchase the
bonds or notes. The Treasurer may hold, pledge, cancel, or resell
the bonds, subject to and in accordance with agreements with the
bondholders.
80219. (a) All bonds, notes, and commercial paper issued by the
Treasurer under this chapter shall be issued only after a public
hearing on issuance has been held at the office of the Treasurer in
Sacramento, California, not less than 14 days following the date of
publication of a notice of the hearing in a financial publication
generally circulated throughout the state and in a newspaper of
general circulation published within each county in which is located
any portion of the asset to be financed with the bonds, notes, or
commercial paper.
(b) The notice shall include the date, time and place of the
hearing, the principal amount of bonds, notes, or commercial paper
that may be issued.
(c) Any or all of the requirements of this section may be waived
by the Treasurer if the requirement to be waived is not necessary to
qualify interest on the bcnds, notes, or commercial paper for
exemption from federal income taxes.
80220. At the discretion of the Treasurer, any bonds issued under
this chapter may be secured by a trust agreement by and between the
Treasurer and a trustee or trustees, which may be any trust company
or bank having the powers of a trust company within or without the
state.
80221. (a) The trust agreement or the resolution providing for
the issuance of the bonds may pledge or assign the revenues to be
received or proceeds of any contract or contracts pledged and may
convey or mortgage the asset or assets, or any portion thereof, to be
financed out of the proceeds of the bonds. The trust agreement or
resolution providing for the issuance of the bonds may contain
provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation
o'f law, including particularly provisions specifically authorized to
be included in any resolution of the department authorizing bonds.
(b) Any bank or trust company doing business under the laws of
this state that may act as depository of the proceeds of bonds or of
revenues or other moneys may furnish indemnifying bonds or pledge
securities as may be required by the Treasurer.
(c) Any trust agreement may set forth the rights and remedies of
the bondholders and of the trustee or trustees, and may restrict the
individual right of action by bondholders. In addition, any trust
agreement or resolution may contain other provisions that the
Treasurer may deem reasonable and proper for the security cf the
bondholders.
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80222. Notwithstanding any. other provision of law, the Treasurer
may not be deemed to have a coriflic*_ of interest by reason of ac~ing
as trustee pursuant to this chapter.
80224. (a) Bonds issued under this chapter may not be deemed tc
constitute a debt or liability of the state or of any political
subdivision of the state, or a pledge of the faith and credit of the
state or of any political subdivision, but shall be payable sclely
from the funds provided by this chapter.
(b) All the bonds shall contain on the face a statement to the
following effect: "Neither the faith and credit nor the taxing poc.~~r
of the State of California or of any local agency is pledged to the
payment of the principal of or interest on this bond."
(c) The issuance of bonds under this chapter may not directly or
indirectly or contingently obligate the state or any political
subdivision to levy, or to pledge any form of, taxation or to make
any appropriation for their payment.
80225. The Treasurer may provide for the issuance of bonds for
the purpose of refunding any bonds, notes, or other securities then
outstanding pursuant to this chapter, including the payment of any
redemption premium and any interest accrued or to accrue *_o the
earliest or subsequent date of redemption, purchase, or maturity of
the bonds and, if deemed advisable by the Treasurer, for the
additional purpose of paying all or any part of the cost of
constructing and acquiring additions, improvements, extensions, or
enlargements of an asset.
80226. (a) The proceeds of any bonds issued for the purpose cf
refunding outstanding bonds, notes, or other securities may, in the
discretion of the Treasurer, be applied to the purchase or re*_irement
at maturity or redemption of outstanding bonds either on their
earliest or any subsequent redemption date or upon the purchase or
retirement at the maturity thereof and may, pending that application,
be placed in escrow to be applied to the purchase or retirement at
maturity or redemption on the date as may be determined by the
Treasurer.
(b) Pending that use, the escrowed proceeds may be invested and
reinvested by the Treasurer in obligations of, or guaranteed by, the
United States of America, or in certificates of deposit or time
deposits secured by obligations of, or guaranteed by, the United
States of America, maturing at time or times appropriate to assure
the prompt payment, as to principal, interest, and redemption
premium, if any, of the outstanding bonds to be refunded. The
interest, income, and profits, if any, earned or realized on the
investment may also be applied to the payment of the outstanding
bonds to be so refunded.
After the terms of the escrow have been fully satisfied and
carried out, any balance of the proceeds and interest, income, and
profits, if any, earned or realized on the investments may be
returned to the department for use by it in any lawful manner.
80227. The proceeds of any bonds issued for the additional
purpose of paying all or any part of the cost of constructing and
acquiring additions, improvements, extensions, or enlargements of an
asset may be invested and reinvested by the Treasurer in obligations
of, or guaranteed by, the United States of America, or in
certificates of deposit or time deposits secured by obligations of,
or guaranteed by, the United States of P~erica, maturing not liter
than the time or times when the proceeds will be needed for the
purpose of paying all or any part of the cost. The interest, income,
and profits, if any, earned or realized on the investment may be
applied to the payment of all or any part of the cost or may be used
by the department in any lawful manner.
80228. Bonds issued pursuant to Section 80225 are subject to this
chapter in the same manner and to the same extent as other bonds
issued pursuant to this chapter.
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80229. No liability may be_incurred by the Treasurer in excess cf
the amount of money which has been provided under this division,
except that, for the purposes of meeting the necessary expenses of
initial organization and operation until such date that the
department derives revenues or proceeds from bonds or notes as
provided under this division, the department may borrow monev as
needed for those expenses from private sources. The borrowed :^oney
shall be repaid with interest within a reasonable time after the
department receives revenues or proceeds from bonds or notes as
provided under this division.
CHAPTER 9. REPORTING
80300. The department shall make quarterly and annual repcrts to
the Governor and the Legislature regarding its activities pursuant to
this division.
CHAPTER 5. SUNSET REVIEW AND REPEAL
80310. This division, and in particular the provisions of C:,a_nteY
2 (commencing with Section 80100) which authorize the purchase of
electric supply by the Department of Water Resources, shall be
subject to sunset review effective January 1, 2006.
80312. This division shall remain in effect only until and
as of that date is repealed, unless a later enacted statute, that is
enacted before deletes or extends that date.
SEC. 7. The sum up to dollars ($ ) is hereby appropriated
as a loan from the General Fund to the Department of Water Resources
Electric Power Fund, established by Section 80200 of the Water Code,
for the purposes of Division 27 (commencing with Section 80000) of
the Water Code. The dollars (S ) shall be repaid from the
fund to the General Fund at the earliest possible time.
SEC. 8. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to address the rapid, unforseen shortage of electric
supply and energy available in the state and rapid and substantial
increases in wholesale energy costs and retail energy rates, that
endanger the health, welfare, and safety of the people of this state,
it is necessary for this act to take effect immediately.
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STATEMENT BY SPEAKER ROBERT M. I-iERTZBERG
Assembly Committe on Energy Costs and Availability
JANUARY 25, 2001
RESTORING POWER FOR CALIFORNIA
I'm here today to announce the introduction of Assembly Bill 18X, which will immediateh~ restore
power for the people of California and is the first step to ensure our long-term energy future.
Our response to this crisis has been completely bipartisan. We have been working collectively with the
Governor and his staff, as well as with Minority Leader Campbell, Senator Burton and Senator Brulte.
The Governor has spent countless hours with us. He has told me he is in conceptual agreement ~~ith
this bill. Working with Assembly Speaker pro Tem Fred Keeley, Chairman Rod Wright, Minority
Leader Bill Campbell and many other members, we have formulated a plan that will keep the lights on
while keeping electricity rates low.
These are extraordinary times, unprecedented in our state's history. The public is demanding
leadership and decisive action to deal with the current energy challenge. As we all know, our
Assembly has been working around the clock since this crisis began. The bill before you is the result of
that hard work.
The bill is based upon the following four principles:
. One, the bill does not use taxpayer dollars.
. Two, it seeks to stabilize the marketplace at a time when energy prices are out of control.
. Three, we will drive a hard bargain with the utility industry and others to get the best deal for
consumers.
. Four, this plan is financially sound-it will protect taxpayers, consumers, jobs and our economy.
Let's be clear about the stakes.
The. California dream of a better life is in danger if we do not immediately move to return stability to
our power supply. Without stable, reliable, affordable energy, our state's economic engine will most
certainly falter. This crisis has a real economic cost-in lost jobs and wages, in higher production costs
and shutdowns, in lost opportunities and markets.
In fact, Alan Greenspan in hearings before the United States Senate today emphasized the danger to
California and the nation's economy unless we increase our energy capacity and reserves.
But the energy crisis is more than abstract economic numbers --- it has a real human toll. When
hospital emergency rooms are without power --- lives are at risk. When schools are without lights ---
our children are short-changed. And when farmers are forced to dump their products because they
have lost refrigeration --- livelihoods are lost.
Now it is time to act. Now it is time to restore power to California.
AB 18X (Hertzberg)
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A Plan to Restore Power for California
AB 18X is a comprehensive plan that wilt accompGs6 the following set of principles:
. Keep rates low while protecting the incredible economic growth that California has enjoyed in
recent years.
. Provide the critical first step in developing along-term strategy to ensure a reliable supply of
electricity at a low cost in the years to come.
. Provide the short-term solution to the current specter of utility bankruptcy that threatens to
plunge us into darkness and economic disaster.
. Reduce the overall cost of power by renegotiating the price of power purchased from
independent small producers (Qualifying Facilities), which will save ratepayers billions of
dollars.
Specifically, AB 18X:
Authorizes the Department of Water Resources (DWR) to enter into long-term contracts to buy
electricity from power generators at significantly lower prices than the Investor-Owmed Utilities
(IOUs) have been paying because of their lack of credit and resell it directly to their residential
and commercial customers.
Allows local publicly owned utilities, at their discretion to purchase power from DWR. While
their customers have escaped some of the problems .associated with the power contract, they
too have had to purchase some of their power on the spot market at inflated rates. Their
customers need to be similarly protected.
Requires the California Public Utilities Commission (CPUC) to establish a dedicated rate
component within the retail rates to enable the IOUs to recover their net undercollections. As
the state will assume the responsibility for .all the power that consumers require beyond that
produced by the IOUs through their existing generators and ongoing contracts with Qualifying
Facilities (small producers of alternative power such as windmills and biomass), the IOUs
should be able to acquire a positive cash flow going forward, enabling them to deal with their
debts to creditors.
. In order to ensure that the people of California are fairly compensated for any assistance
provided by the state to the IOUs to prevent bankruptcies, authorizes the Director of the
Department of Finance to accept on behalf of the state any tangible or intangible asset of an
IOU, including any parent or subsidiary company.
Appropriate, as a loan, an amount from the general fund to the DWR Electric Power Fund, and
require the loan to be repaid as soon as possible through the issuance of securities by the State
Treaswer, to pay for the difference, if any, between wfiat it costs the state to purchase
electricity and the proceeds received from retail rates within the rate structure established by the
CPUC.
http://democrats.assembly.ca.gov/members/a40/press/p~~J2001008.htm . ~ 1/29/01
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• •
####,
ASSEMBLYMEMBER ROBERT HERTZBERG
40TH ASSEMBLY DISTRICT
Capitol Office: P,O. Box 942849 -- Sacramento, CA 94249-0001 -- (916) 319-2040
District Office: 6150 Van Nuys Boulevard, Suite 305 -- Van Nuvs, CA 91401 -- (818) 376-4040
rake ~ ui ~
http://democrats.assembly.ca.gov/members/a40/press/p402001008.htm 1 /29/01
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•
.-~4C~C~1-~
For immediate release: January 11, 2001
Media Contact: Claudia Chandler -- 916 654-4989
rage i of 4
r t,
C-}
Energy Commission Offers Consumers
A 'High Five' to Save Energy
Tips to Reduce Today's Energy Shortage in California
California's Independent System Operator has declared a Stage 3. Energy conservation is
urgently needed to manage the available reserves of electricity, especially between 4 p.m.
and 8 p.m. today, January 11, 2001:
There are important measures consumers can take to help reduce the pressure on the
State's overburdened electricity system. To help reduce electricity demand, the Energy
Commission suggests consumers immediately take the following five steps to conserve
energy.
Five important things you can do to help California save electricity during an Electricity
Shortage
1. Turn the thermostat down to 68 degrees or below. Reduce setting to 55 degrees or
less before retiring or when away for the day.
2. Avoid running large appliances such as washers, dish and clothes dryers and
electric ovens.
3. Close offvents to rooms that are not being used. .
4. Turn off all non-essential electrical lights.
5. Close shades and blinds to reduce the amount of heat lost through your windows.
What to do at the Office
. Minimize heating by keeping the thermostat at 68 degrees or below.
1-ttp://www.energy.ca.gov/r$.leases/2001 _releases/2001-01-11 _black_o ut_tips. html 1 /29/01
i:i,crby ~,u~iuiuss-uu viicrs wnsumers a ni~n rive io gave r,nergy ra~~e ~ of 4
. Wear comfortable business attire. Dress appropriately for cooler temperatures.
• Turn off any lights that are not needed, especially in unused offices and conference
rooms.
. Turn down the remaining lighting levels if you can.
. Turn offyour computer if you are out of the office for more than a few minutes.
. Some computers have a Nlow power stand byae mode. Check to see if your
computer is set for it.
. If a Stage 3 is imminent, back up your computer and don't forget to frequently save
what you are working on, to be ready if the power goes ofl:
These actions can be taken quickly to reduce electricity consumption. With a little bit of
planning, you can save even more energy and money.
Keeping Your Home Comfortable When It's Cold Outside
Check your heating ducts to make sure that they are properly connected and not leaking
air. Studies show that one out of every four homes loses as much asone-third of their
heating (or cooling) from bad ducts. Repair them as needed, using approved materials and
methods.
Insulation, properly installed, offers the single most effective means of conserving energy
in the home " it provides a thermal blanket around the house. Install it yourself or hire an
insulation contractor. Purchase insulation materials by the NR~ factor. In general, R-30 is
recommended for ceilings and R-19 for walls. The greater the NRae factor, the greater the
insulating value. Properly installed, roll or blown bulk materials of the same NRae value
offer the same insulation.
In glass areas, prevent winter heat loss with dual glass panes. Draperies also pro~~ide
effective insulation, especially those that are thermal-lined.
Draw draperies and window shades to limit heat loss. Open them during the day to let
sunshine in.
As much as 18 percent of your home's heating loss can be through building openings.
Stop this loss by weather-stripping all doors and windows and caulking openings.
Consider installing a clock thermostat to automatically set back your thermostat at night.
Never cover the thermostat with draperies or decorations. So do not put lamps, television
sets or appliances that produce heat close to the thermostat.
Ifyou have a waterbed, be sure to make your bed and save up to one-third of the energy
http://www.energy.ca.gov/releases/2001 _releasesl200 i -O 1-11 _black_out_tips. ht~~l 1 /29/01
cu~iby ~,unuiussiuti vucrs ~uirsumers a rt~gn rive to Save energy race ~ of ~+
•
it uses.
Use bathroom heaters sparingly, if at all.
Regularly replace or clean filters.
In the Kitchen ... A Dash of Conservation Can Make a Big Difference
. Plan meals that can be cooked together in the oven all at once to make full use of the
energy it takes to heat your oven.
. Do not preheat your broiler or range " it only wastes energy.
. Avoid opening the oven door when baking. Taking a IVpeek~ wastes energy.
. Never use the oven as a room heater.
. Microwave cuisine is faster, more efficient than conventional cooking. It can save a lot of
your time and energy too!
. Learn more about pressure cookers. They prepaze foods in two thirds less time and many
people say the fnal product is more flavorful than conventional cooking.
• Wash. only full loads of dishes in your dishwasher. Let the dishes air dry by turning the
washer offafter the last rinse cycle and opening the door slightly.
If the Power Goes Off
An electricity curtailment is a controlled event that can occur during a Stage 3. If one is
implemented in your area, the electricity should come back on within two hours. Until
then, use the warmest part of the house.
. Drive cazefully. Remember that traffic signals may be out in a rolling blackout.
Consider each intersection to be a four-way stop, and drive defensively. If you are a
pedestrian, be extra alert, since normal traffic patterns are disrupted.
• Be sure you have flashlights and fresh batteries.
• If you use candles to light your home during a rolling blackout, be extremely
cazeful to avoid starting a fire.
. Dress to stay warm in cold weather. A warm hat and socks can help you reduce the
amount of heat loss through your head and feet.
• Avoid opening your refrigerator and freezer as much as possible. Food inside
should stay cold for hours if the door is left closed.
• Check on your elderly neighbors or those who may have medical conditions or use
.http://www.,°nergy.ca.gov/releases/2001 _releases/2001-0 l - I 1 _black_out_tips. html 1 /29/01
L.IICI'~'y 1.U11ll111JJIW1 VllCI'J L.U(IJLLII1CrJ a°I11bI1 t'1Ve t~'Save b.nergy Yage y of ~+
medical machinery that operates on electricity:
###
Return t~~ Recent \e~~> Releases Liain~~, Pa„~~
Return to What's New!
{ Homepa~e; Commission Info{ Site Index{ Search Site{ Links {
E-mail us about our Web Site at: enereia~, r ener~~.ca gov
"Energia" means ENERGY in Greek and Latin.
Energy used to create this page was produced by California'selectricity providers.....
the most diverse in the world.
http://www.energy.ca.gov/releases/2001_releases/2001-01-11 _bl~sck_out_tips.html 1 /29/01
MEMORANDUM
TO: Honorable Mayor and Members of th -m~- od City Council
FROM: Ralph W. Davis, III, City Manager
BY: Jim Given, Director of Recreation ~ ommunity Services
DATE: February 6, 2001
SUBJECT: CARNIVAL
Background
The City of Lynwood in celebration of Black History Month is offering awide-ran~in~
an-ay of activities and events such as "Jubilation" as well as "Read To Celebrate''. ~ V
Staff is also endeavoring to seek out methods of mitigating costs associated wit}1 the
conduction of these events.
analysis
We have located a carnival company who has the dates of February 22 - 2 ~. 2001 open
and available. This is a carnival company that has worked with us here in the City of
Lymvood in the past.
Conclusion/Recommendation
Staff respectfully recommends that the Honorable flavor and 1~lembers of the City
Council authorize staff to include a professional carnival as part of the slate of programs
to celebrate Black History Month.
RD:JG:ph
ccitem`•.cami~~al2.6
/ ... --~
~aE11vA rr~:r~
J ---- --- -- - ----
• •
DATE: February 6, 2001
TO: Honorable Mayor and Members of the City Council
FROM: Ralph W. Davis, III, City Mana er
BY: Iris Pygatt, City Treasurer
SUBJECT: TREASURER'S QUARTERLY INVESTMENT REPORT
PURPOSE:
The purpose of this item is to have the Lynwood City Council review the
Treasurer's Quarterly Investment Report as required by recently enacted State
Statutes.
BACKGROUND:
In response to the crisis caused by the Orange County investment pool, the
State Legislature in 1995 enacted SB564 and SB866. These laws were enacted
as State Statutes to impose certain mandates regarding investment with public
funds. The statutes have imposed the following mandates:
1. Annual adoption of an Investment Policy that incorporates
changes mandated by the State.
2. Quarterly Investment Reports presented to the Legislative Body or
Board Members.
3. Restrictions on the use of certain investment instruments.
The attached Treasurer's Reports has been prepared to provide the City Council
Members with the following information:
1. Types of investments (including principal, market value, rates, and
maturity date).
2. List of various bank accounts with banking institutions.
3. Statement informing each Agency (City, LRA, and LII) that is
expected to have sufficient liquid funds to meet its pooled
expenditure requirements for the next six (6) months.
4. Statement informing the Council that the investment portfolio
conforms with the adopted investment policy.
RECOMMENDATION:
The City Treasurer respectfully recommends that the City Council receive and
file the attached Quarterly Investment Report for the quarter ending September,
2000.
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CITY OF LYNHOOD
' ~LICATIOR FOR SPECIAL PERIIIIT •
~.
TYPE OF PERHIT DESIRID Carnival Permit
2/23/00=6p,m.-11p,m,
DATE(S) OF EVENT Februarv 23. 24. & 25~ 2000 HOIIRS OF IISE 2/24/00=2p,m.-12mid.
2/25/00=8a,m.-10p.m.
ADDRESS 1~RE PERHIT IS DESIRED 4311 Olanda Street Lynwood, CA 90262
AREA DESIGNATED FOR EVENT Parking Lot
IS STREET CLOSIIRE BEING REQDESTED YES NO (circle one)
(if yes, briefly explain reason for event an closure)
IF INDOORS, APPROa. TOTAL GROIIND-FLOOR AREA OF STRIICTIIR.E
HAVE YOU HADE AN APPLICATION FOR THIS TYPE OP PERHIT BEFORE?
If so, Nhere? City of Lynwood
APPLICANT(S) NAHE Saint Philip Neri Church PHORE( 310) 638-0341
APPLICANT(S) ADDRESS 4311 Olanda Street
APPLICANT(S) OCCIIPATION School Principal
Yes
CITY Lynwood, CA ZIp 90262
NIII~IDER OF PERSONS EHPLOYED 1 7
SBEI 801 -9047-3
IS A WAIVER OF PEES BEING REQDESTED YES NO
(if yes, briefly explain reason for request)
(State Board of Equalization)
(circle one)
I hereby certify that all statements made in this application are true and complete, and that
any misstatements of material facts will cause a forfeiture of fees and denial of permit.
~~~ ~ ~: ~ 1 2 4
Sign ur of Applica" - Date
COUNCIL/APPROVED/DENIED
DATE
~«~1
l
.~~ ~
Signature of Agent (if any) Date
city Of ~Y?~T~OOD
L~ C(fy ~leef(ng ('{,aQQenges
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 803.0220
?i' ra.-;~s- . .
?!~~
CITY OF LYNWpOD
r~ECEIVEL
CITY OF LYNWOOU
i CITY CLERKS OFFICE
[:ItC n ~ inn-,
~s iii, i~, i2~~. ~2~3i4~5~6
.ll•.r11K• (1II
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•
SAINT PHILIP NERI SCHOOL
December 4, 2000
To whom it may concern,
1?522 Stoneacre St.
Lynwood, California 90?6?
(310)638-03x1
Fas (310) 638-9805
Saint Philip Neri Catholic Elementary School was opened in 194. The school was desiened to educate
students' grades one through eight. The school adrninistration and staff was a combination of religious
and lay members. `
In 1975 the former lay principal was contracted and administered the school with a combined religious
and lay staff. With the withdrawal of the religious staff members from the educational field, the principal
hired an all-lay staff. This staff remains a committed faculty dedicated to quality Catholic education and
sen~ice to both our Catholic and non-Catholic population.
!In the past twenty-five years we have witnessed profound social, economic, and racial changes within our
community population. While our mission statement of beliefs and service remain constant, our
philosophy is revised annually to provide goals and objectives consistent with the needs of the current
population.
Our strong Family of Faith Community reflects success in our education of parents and students alike to
value the rich cultural diversity. The successful contribution of our alumni to the community and their
consistent return to Saint Philip's is a source of pride and motivation for continued commitment.
Saint Philip Neri Parish School respectfully request the permission of Lynwood City Council to host our
Spring Kennesse on February 23, 24. and 25. VVe anticipate a net pro (it of $30,000.00. This money is
allocated solely to subsidize tuition payments. It is only through our two (2) festivals that we are enabled
to continue providing quality education at a minimal cost to the families of our Lyn~~~ood community.
V1'e are proud of our success rate in returning responsible, productive citizens to the community.
In advance, thank youu for your consideration and support of Saint Philip Neri school efforts.
Respectfull}~,
~ ~~~ ~
~~~ ~~~
Mary ereggins,
Principal
r~ ,
~~~~
~~I
ANDREA L. HOOPER
CILY CLERK
Uate:
To:
From:
By:
Subject:
COMMENTS:
cit~~ of Y1~~00D
~.
,~ Cify ~Lleefing Chn~~enges
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310)603-0220
February 6, 2001
Honorable Mayor and City Councilmembers
Ralph W. Davis, III, City Manag
Andrea L. Hooper, City Clerk
REQUEST FOR SPECIAL PERMIT -
CARNIVAL - ST. PHILIP NERI CHURCH
I I I ~ ~ I
Saint Philip Neri Church of Lynwood is requesting a Special Permit to have a
Carnival in the parking lot of the church located at 4311 Olanda Street on the
following dates and times:
February 23, 2001 6 p.m. to 11 p.m.
February 24, 2001 2 p.m. to 12 midnight
February 25, 2001 8 a.m. to 10 p.m.
RECOMMENDATION:
That Council review and direct staff accordingly.
CLERK2001.03
"
APPLICATION FOR SPECIAL PERMIT CITY OF LYNWO^^
., :,
~i330 BULLS RJ:,~
C ~~1~ ~ ~ /~ LYNWOOD Ch 9"2~'
310-603-CE2 _ v
APPLICANT IN~ORMA 10N: ~~'; _ _
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NAME '~- ~ ~ ~~ S ~
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PHON ~~C ~ ~S/ ~~~ (.
. ADDRESS 1 \ ~C~l ~ ~ l \ ~~''X l ~ L ~ CITY Z_ ~!t? ~ ~ ~ -~ =~
OCCUPATION' ~( (~~~~~
" NUMBER OF PERSONS EMPLOYED: SBE:
(State Boaro o! Eouauzauon Nurnoer
EVENT INFORMATION
TYPE OF PERMIT REQUESTED: C~ ~ ~
DATE(S) OF EVENT: ~ ~~~~~,,- Y `,/"'•1
.HOURS OF OPERATION: " ` ~ ~ - ~ --, ~ ' ~ ~ .-~ ~ i
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ADDRESS OF PROPOSED EVENT LOCATION: C, "J ~~ "~ /~~_.. f ~ ~-~
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. SPECIFIC. AREA DESIGNATED FOR EVENT:
IS STREET CLOSURE BEING REQUESTi=D YES ~ (CIRCLE ONE)
(IF YES. BRIEFLY EXPLALN REASON FOR EVENT AND CLOSURE:)
IF INDOORS. APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE:
HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE YES NO
IF YES. WHERE AND WHEN
IS THIS AFOR-PROFIT OR NON-PROFIT EVENTS (CIRCLE ONE)
IF THIS 1S ANON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A
. NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING
NAME OF ORGANIZATION BEING BENEFITED. \~~~ __ - -
STATE NON-PROFIT NUMBER: /=~
ADDRESS OF ORGANIZATION: ~ PHONE
IS A WAIVER OF FEES BEING REQUESTED: YES ` ,Np ^
IF YES. EXPLAIN: / "
A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY.
. I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN TfffilS ljPPLICATION ARE TRUE ANp
COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAr FACTS WILL CAU E A
~~- ~ ` t I V tct ITURE OF FEES AND DENIAL OF PERMI „ ;~ / ~
CITY OF LYNWOOU ~~ . ~ ' ! 1 ~, I ~ ; ~L ~
.CITY CLERKS OFFICE ~ SIGi~'URE OF A PLfCANT DATE
JAN 1 ~ ?r~" ~ ~1
~ ~ ~ ~ ~ ~ SIGNATURE OF APPLICANT DATE
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:a,,t~1! 9 1. I 9~. 1
ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. THIS
PERMIT REQUIRES CITY COUNCIL APPROVAL. YOU WILL $E NOTIFIED ACCORDINGLY
• •
~>r~~
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ANDREA L. HOOPER
CITY CLERK
Date:
To:
From:
ay:
Subject:
COMMENTS:
cite of .Y1~T~OOD
~.~ City vt~eeting Cha('~enges
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 603-0220
February 6, 2001
Honorable Mayor and City Councilmembers
Ralph Davis, III, City Manager
Andrea L. Hooper, City ClerkB ~''~"'
REQUEST FOR SPECIAL PERMIT -
CARNIVAL -NORTH AMERICAN AMUSEMENTS
+~f:;C~
I~'II~`~
J.A. Blash of North American Amusements is requesting permission to have a
Carnival on the following dates at the Lynwood Marketplace:
February 8th 5-10 p.m.
February 9th 3-10 p.m.
February 10th 12-10 p.m.
Please note that this Carnival was previously approved by the City Council on
January 8, 2001. The event was cancelled due to rain and is being rescheduled
for the above dates.
RECOMMENDATION:
That Council review and direct staff accordingly.
CLERK2001.004
• •
The Marketplace of Lynwood
3100 E. Imperial Hwy
Lynwood, California 90262
Tel. (310) 631-4989 Fax (310) 631-1645
January 10, 2001
To whom it may concern:
This is to certify that the management of the Marketplace of Lym;-ood has authorized
North American Amusement, Inc. to postpone its carnival to February 8`h through
February 11 `h, 2000 due to weather. v
If you have any questions, please call us.
Sincerely,
~ C ~ .l
~ ....
Jay Hong, Manager
.tE~:elVtu
CITY OF LYNW00~
CITY CLER~;S OFFICE
JA~V fir. ~~,:
~~
Marketplace of Lin ood
3100 E. Imperial HwY
nwood, California 902
1) 631-4989 Faz (310) -1645
i ~
1
January 5, zuu i l
To whore it may concern:
Re: Annual Carnival Schedules
We arc submitting the following carnival schedules for y~
Operation Hours
5pm - 11 pm
Thursday _ 3pm - 11 pm
Friday
Saturday 4pm - 11pm ~
Sun 1 pm - 11 pm j
If you have any questions, please call us. I
1
Sincerely,
Donald Chat, Vice-President
2001:
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