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HomeMy Public PortalAboutA2010-08-03CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON AUGUST 3, 2010 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. MARIA TERESA SANTILLAN MAYO R AIDE CASTRO MAYOR PRO-TEM JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L. HALEY CITY CLERK MARIA QUINONEZ OPENING CEREMONIES ~w~~ ~Os~ CITY ~~ L g~lu~,i~(a~3 CI~~pTY CL~~iKS ~F~IC~ I"~~ ~ ~~,~w~Z. ALFREDO FLORES COUNCILMEMBER RAMON RODRIGUEZ COUNCILMEMBER CITY ATTORNEY FRED GALANTE CITY TREASURER SALVADOR ALATORRE 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Alfredo Flores Jim Morton Ramon Rodriguez Maria T. Santillan 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PRESENTATION/PROCLAMATIONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) 7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) PUBLIC HEARING AUTHORIZATION OF A SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM AND INCORPORATING THE LYNWOOD REDEVELOPMENT AGENCY'S APPLICATION AS ITS OWN AND AUTHORIZATION TO THE LYNWOOD REDEVELOPMENT AGENCY TO ADMINISTER THE CITY'S BEGIN PROGRAM Comments: The Lynwood Redevelopment Agency (Agency) entered into an agreement with Habitat for Humanity of Greater Los Angeles to build 10 homes at 4237 Imperial Highway (Imperial project). The Agency agreed to pay $455,000 for the development of the Imperial Highway affordable housing project, and apply for BEGIN funds to cover an additional $300,000 cost of the project. The total cost to build the 10 homes is expected to be $1,794,100. The balance of costs will be paid for by donations raised and collected by Habitat for Humanity. The purpose of the BEGIN funds is to provide down payment assistance loans to qualifying first-time low and moderate-income buyers in BEGIN projects. On May 18, 2010, the Lynwood Redevelopment Agency was authorized to apply for BEGIN funds to assist the development of 4237 Imperial Highway. On July 14, 2010, the Agency was informed that the City Council's authorization is required to permit the City to apply for BEGIN funds and that the City can delegate the administration of these funds to the Redevelopment Agency. The BEGIN program is currently accepting applications and will stop accepting applications when the funds run out. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM AND INCORPORATING THE LYNWOOD REDEVELOPMENT AGENCY'S APPLICATION AS ITS OWN; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND AUTHORIZING THE LYNWOOD REDEVELOPMENT AGENCY TO ADMINISTER THE CITY'S BEGIN PROGRAM". 9. CONGESTION MANAGEMENT PROGRAM (CMP), FY 2009-2010 Comments: On July 15, 2010, public notice was given of the time and place for a public hearing on all matters relating to the City's Congestion Management Program for FY 2009-2010. The CMP requires the City of Lynwood adopt a resolution certifying the City's conformance with the CMP and to adopt the City's CMP Local Development Report. Recommendation: Staff recommends that the City Council, after a public hearing, adopt the attached resolution entitled: "A RESOLUTION OF THE CITY OF LYNWOOD, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089, ET SEQ". 10. PROPERTY NUISANCE ABATEMENT - 3601 CARLIN AVENUE, LYNWOOD, CA 90262 Comments The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is currently vacant, and neighbors have complained that transients, gang members and squatters have become a problem in this area, because of this property. Staff's efforts to obtain voluntary compliance from the property owner, Mr. Cruz M. Perez, have been unsuccessful. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3601 LYNWOOD ROAD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6175, PAGE 009, PARCEL NO. 035 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". 11. PROPERTY NUISANCE ABATEMENT - 3785 PALM AVENUE, LYNWOOD, CA 90262 Comments: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is currently vacant, and neighbors have complained that transients, gang members and squatters have become a problem in this area, because of this property. Staff's efforts to obtain voluntary compliance from the property owners, Mr. Jose A. Iniguez and Maria Ponce, have been unsuccessful. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3785 PALM AVENUE, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 011, PARCEL NO. 023 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". 12. PROPERTY NUISANCE ABATEMENT - 12317 LONG BEACH BOULEVARD, LYNWOOD, CA 90262 Comments: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. Staff's efforts to obtain voluntary compliance from the property owners, Mr. Juan A. Balbuena and Ms. Irma Martinez, have been unsuccessful. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12317 LONG BEACH BOULEVARD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6168, PAGE 022, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". 13. PROPERTY NUISANCE ABATEMENT - 3148 CARLIN AVENUE. LYNWOOD, CA 90262 Comments: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. Staff's efforts to obtain voluntary compliance from the property owner's sons have been unsuccessful. The legal owner, Ms. Helen Milliron is deceased. Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3148 CARLIN AVENUE, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6176, PAGE 002, PARCEL NO. 006 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 14. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated August 3, 2010 for FY 2009-2010 and FY 2010- 2011. Recommendation: Staff recommends that the City Council approve the warrant register. 15. PROJECT ACCEPTANCE OTIS STREET IMPROVEMENT PROJECT (FROM IMPERIAL HIGHWAY TO ABBOTT ROAD), PROJECT NO. 4011.67.873,FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (015) Comments: On October 20, 2009, the City Council of the City of Lynwood awarded the construction contract for the rehabilitation of Otis Street (from Imperial Highway to Abbott Road) to ALL AMERICAN ASPHALT, INC., Project No. 4011.67.873, Federal Project No. 07-LA-0- LYN-ESPL 5250 (015). All construction work on the project has been completed. The final construction cost for this project is $271,537 and was funded by the federal American Recovery and Reinvestment Act (ARRA) funds. The project is ready for acceptance by the City Council of the City of Lynwood. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE OTIS STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.873, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (015), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". 16. ENGINEERING DESIGN CONTRACT AWARD, EVALUATION OF THE EXISTING AND THE DESIGN OF A NEW SCADA SYSTEM FOR THE WATER INFRASTRUCTURE SYSTEM, PROJECT NO. 4011.67.897 Comments: Public Works staff recently issued a RFP and received six proposals from consultant engineering design firms for the evaluation of the existing and the subsequent design of a new Supervisory Control and Data Acquisition (SCADA) system for the water infrastructure system in the City of Lynwood. The SCADA will enable water staff to manage the water system remotely. Upon review of the six proposals and interviews conducted of the top three rated consultant design firms, Public Works staff has determined that CSD Engineering, Inc. dba Cannon is the most qualified to undertake this project. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CSD ENGINEERING, INC. dba CANNON IN THE AMOUNT NOT-TO- EXCEED $87,610 FOR THE DESIGN OF THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM FOR THE CITY WATER INFRASTRUCTURE SYSTEM, PROJECT NO. 4011.67.897, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". 17. PROJECT ACCEPTANCE OF ATLANTIC AVENUE IMPROVEMENT PROJECT (FROM MCMILLAN STREET TO FERNWOOD AVENUE) PROJECT NO. 4011.67.874, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (013) Comments: On January 5, 2010, the City Council of the City of Lynwood awarded the construction contract for the rehabilitation of Atlantic Avenue (from McMillan Street to Fernwood Avenue) to ALL AMERICAN ASPHALT, INC., Project No. 4011.67.874, Federal Project No. 07-LA-0-LYN-ESPL 5250 (013). All construction work on the project has been completed. The final construction cost for this project is $400,624 and was funded by the federal American Recovery and Reinvestment Act (ARRA) funds. The project is ready for acceptance by the City Council of the City of Lynwood. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE ATLANTIC AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.874, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (013), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". 18. AWARD ASPHALT PURCHASE ORDER (COLD PATCH) Comments: On July 21, 2010, the City received asphalt quotations from three companies. Based on the quotations received and after a careful review of the price quotes, quality materials, reputation, and other costs, staff recommends that the Council authorize staff to issue a purchase order to Crafco Inc., to purchase approximately 96 tons of (QPR/HP or equivalent) asphalt for fiscal year 2010-2011. There is no increase/decrease in unit price from the last fiscal year. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO CRAFCO INC. IN THE AMOUNT NOT- TO-EXCEED $17,952 FOR THE PURCHASE OF ASPHALT MATERIALS (QPR/HP OR EQUIVALENT) FOR FISCAL YEAR 2010-2011." 19. AWARD ASPHALT PURCHASE ORDER (HOT MIX) Comments: On July 21, 2010, the City received asphalt quotations from three companies. Based on the quotations received and after a careful review of the price quotes, quality materials, reputation, and other costs, staff recommends that the Council authorize staff to issue a purchase order to Sully Miller/Blue Diamond to purchase approximately 200 tons of (C-1 'h PG-64-10 or equivalent) asphalt for fiscal year 2010-2011. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO SULLY MILLER/BLUE DIAMOND IN THE AMOUNT NOT-TO-EXCEED $13,814 FOR THE PURCHASE OF ASPHALT MATERIALS (C-1 '/z PG-64-10.OR EQUIVALENT) FOR FISCAL YEAR 2010-2011." 20. TREASURER'S QUARTERLY INVESTMENT REPORT Comments: The purpose of this item is to have the Mayor and City Council review the Treasurer's Quarterly Investment Report as required by State Statutes. Recommendation: The City Treasurer respectfully recommends that the City Council receive and file the attached Quarterly Investment Report for the quarter ending June 30, 2010. 21. USED OIL PAYMENT PROGRAM Comments The State has recently made changes to the Used Oil Recycling Program. As such, a new revised resolution authorizing City staff to apply and receive grant funds is now required. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPLICATION TO THE USED OIL PAYMENT PROGRAM UNDER THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICATIONS AND AGREEMENT FOR THIS PROGRAM". 22. PARTICIPATION IN CALPERS RETIREE BENEFIT TRUST PROGRAM (CERBT) TO PREFUND AND REDUCE COSTS OF FUNDING EXISTING RETIREE BENEFITS Comments The City of Lynwood provides lifetime medical/dental/vision/life insurance benefits to its retired employees. The City began providing this retirement benefit in 1988, although it did not agree to pay for the monthly premiums until 1993 (most likely as the result of union negotiations). There are currently 82 retired employees who receive this benefit. The cost to the City is approximately $537,000 per year. However, this cost will grow as more employees retire, as health premiums increase and as retirees live longer too. Recommendation: Staff recommends that the City Council review and approve the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT AND ELECTION TO PRE-FUND OTHER POST EMPLOYMENT BENEFITS (OPEB) THROUGH CALPERS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND TO TAKE OTHER ACTIONS REQUIRED BY CALPERS." NEW/OLD BUSINESS 23. ST. FRANCIS MEDICAL CENTER FOUNDATION CHARITY BALL SPONSORSHIP Comments Staff was requested to place this item on the agenda to discuss sponsorship for St. Francis Medical Center Foundation's Charity Ball 2010 that will be held on October 9, 2010, at the Ritz-Carlton at L.A. Live. Recommendation: Staff recommends that the City Council provide staff with direction regarding the St. Francis Medical Center Foundation's invite to support its Charity Ball 2010 fundraiser. If Council elects to sponsor the fundraiser, it will be funded through the Council's discretionary budget. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN, MAYOR AIDE CASTRO, MAYOR PRO-TEM ALFREDO FLORES, COUNCILMEMBER JIM MORTON, COUNCILMEMBER RAMON RODRIGUEZ, COUNCILMEMBER CLOSED SESSION 24. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency negotiators: Aleshire & Wynder Attorney Colin Tanner HR Director Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association Lynwood Management Employee Association B. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One Case 9 D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: City of Lynwood, et. al v. Lynwood Chamber of Commerce, et. al LASC Case No. TC 022178 ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 17, 2010 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. ]0 .~~;'-`~~~~ AGENDA STAFF REPORT r~_~~ #~ DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager'6~ PREPARED BY: Sarah Magana Withers, Director of development `~= H. Ernie Nishii, Housing Manager t,- SUBJECT: Authorization of a Submittal of an Application to the California State Department of Housing and Community Development for funding under the BEGIN Program and Incorporating the Lynwood Redevelopment Agency's Application as its Own and Authorization to the Lynwood Redevelopment Agency to Administer the City's BEGIN Program Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM AND INCORPORATING THE LYNWOOD REDEVELOPMENT AGENCY'S APPLICATION AS ITS OWN; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND AUTHORIZING THE LYNWOOD REDEVELOPMENT AGENCY TO ADMINISTER THE CITY'S BEGIN PROGRAM." Background: On April 19, 2010, California Housing and Community Development Department sent a notice of availability of funds for the BEGIN Program. The purpose of the BEGIN Program is to reduce local regulatory barriers to affordable ownership housing and provide down payment assistance loans to qualifying first-time low and moderate income buyers of homes in BEGIN Projects. The BEGIN funds provide funding to the developer at the close of escrow. The BEGIN funds then convert into individual mortgage assistance loans which are repaid when the lower income household re-sells the home or 30 years, whichever comes first. The maximum of funding per any unit of housing is 20% of the sales price. On AGENDA ITEM May 18, 2010, the Lynwood Redevelopment Agency (Agency) was authorized to apply for BEGIN funds to assist the development of 4237 Imperial Highway. On July 14, 2010, the Agency was informed that the City needed to apply for the funds and that the Agency could be authorized to administer the program. The BEGIN funds is an over-the-counter program which means that applications are being. taken on a daily basis and when the funds are depleted, no further applications will be accepted. Discussion & Analysis: The Agency entered into an agreement with Habitat for Humanity of Greater Los Angeles to build 10 homes at 4237 Imperial Highway (Imperial project). The total cost of the construction of the project was projected at $1,794,100 of which the Agency agreed to pay $455,000 and apply for BEGIN funds in the amount of $300,000. The balance of the project would be paid for from donations to Habitat for Humanity. Pursuant to direction from the Department of Housing and Community Development, a resolution by the City of Lynwood authorizing the application of funds and assigning the administration of the fund to the Agency is now necessary. If the application for funds is approved, the BEGIN program will contribute up to $300,000 to the 4237 Imperial Project. Fiscal Impact: The application and receipt of BEGIN funds for 4237 Imperial Highway housing project has no negative fiscal impact upon the City or the Agency. Coordinated With: City Attorney Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF LYNWOOD AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM AND INCORPORATING THE LYNWOOD REDEVELOPMENT AGENCY'S APPLICATION AS ITS OWN; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND AUTHORIZING THE LYNWOOD REDEVELOPMENT AGENCY TO ADMINISTER THE CITY'S BEGIN PROGRAM WHEREAS, the California Department of Housing and Community Development (hereinafter HCD) issued a Notice of Funding Availability ("NOFA") for the CALHOME program established by Chapter 14.5, Sections 50860 through 50866 of the Health and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the BEGIN Program, subject to the terms and conditions of the statute and the BEGIN Program guidelines adopted as amended by HCD; and WHEREAS, the Lynwood Redevelopment Agency, a duly authorized governmental entity of the City of Lynwood, has applied for an allocation of funds through the BEGIN Program; and WHEREAS, the City of Lynwood would benefit from an allocation of BEGIN funds towards the project located at 4237 Imperial Highway; and WHEREAS, If the City of Lynwood is selected to participate in the BEGIN program, the City would benefit if the Lynwood Redevelopment Agency administered the program. NOW THEREFORE, THE CITY OF LYNWOOD, CALIFORNIA DOES HERBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1: That the City Council authorizes an application with the Department of Housing and Community Development to participate in the BEGIN Program to provide assistance mortgage assistance for 4237 Imperial Highway, Lynwood, California 90262. Section 2: That the City Council adopts and incorporates the Lynwood Redevelopment Agency's application for BEGIN funds as the City's application and thus ratifies the City Manager's execution of the application for BEGIN funds. Section 3: If the application for funding is approved, the City of Lynwood authorizes the Lynwood Redevelopment Agency to administer the BEGIN Program and use the BEGIN Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program guidelines. Section 4: This Resolution shall take effect upon approval and adoption of the Resolution. PASSED, APPROVED and ADOPTED this 3rd day of August 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Sarah M. Withers Director of Redevelopment 2 ./r~~~ i ~:. - ~'s_`_." „~~-~~,,tf- AGENDA STAFF REPORT :~_s DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager~~7~ ~''~ PREPARED BY: G. Daniel O'eda P.E. Dir. of Public Works/Cit En in r j y g ee Josef Kekula, Civil Engineering Associate SUBJECT: Congestion Management Program (CMP), FY 2009-2010 Recommendation: Staff recommends that the City Council, after a public hearing, adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089, ET SEQ". Background: On July 15, 2009, public notice was given of the time and place for a public hearing on all matters relating to the City's Congestion Management Program (CMP) for FY 2009- 2010. The notice of public hearing was advertised in the Lynwood Wave on July 22, 2010. The CMP is astate-mandated program enacted by the state legislature with the passage of Assembly Bill 471 (1989). The bill reflects the concern that urban congestion is impacting the economic vitality of the state. The Los Angeles County Metropolitan Transportation Authority (METRO/MTA), acting as the Congestion Management Agency for Los Angeles County, is responsible for preparing the CMP. The first CMP was implemented in 1992 and has been updated over the years. The last revision was adopted on July 22, 2004. Traditionally, the CMP requires local jurisdictions to monitor traffic congestion; to implement a Transportation Demand Management (TDM) Ordinance and a Land Use Analysis Program; to participate in the Countywide Deficiency Plan; and to adopt a resolution certifying the City's conformance with the CMP ("Self-Certification AGENDA Resolution") and Local Implementation Report. The Countywide Deficiency Plan ITEM requires local agencies to offset a portion on the impact that their new developments ~ f i have on the regional transportation system. Each local jurisdiction's responsibilities have been tracked through a point system that reflects the impact of local growth (debits) and benefits of transportation improvements (credits). In recent years, many cities have raised concerns regarding the Countywide Deficiency Plan approach, citing their difficulty in maintaining conformance and questioning its effectiveness. At the present time the MTA Board has authorized a nexus study to evaluate the feasibility of implementing a congestion mitigation fee. For FY 2009-10, local agencies are still required to report development activities; however, tracking of debits and credits is no longer mandated. Discussion & Analysis: Nonconformity with the CMP may lead to 1) loss of Proposition 111 Gas Tax Funds that cities annually receive and 2) ineligibility to compete for other transportation grant funds. In addition, the CMP statute prohibits the programming of Federal Surface Transportation Program or Congestion Mitigation and Air Quality funds in jurisdictions not conforming with the CMP. Finally, local jurisdictions not conforming may not compete favorably in the local Transportation Improvement Program (TIP). Exhibit "A" summarizes all development activities in the City for FY 2009-2010, including residential, commercial, and industrial developments. Fiscal Impact: There is no fiscal impact from the action recommended in this report. Coordinated With: City Manager's Office City Attorney's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089, ET SEQ WHEREAS, the CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("MTA"), acting as the Congestion Management Agency for the Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, the MTA requires submittal of the CMP Local Development Report by September 1 of each year; and WHEREAS, notice was given of the public hearing on July 22, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the CMP adopted on July 22, 2004: By June 15, of odd-numbered years, the City will conduct annual traffic counts and calculate levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System Chapter. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. . The City has adopted a Local Development Report, attached hereto and made a part hereof (Exhibit "A"), consistent with the requirements identified in the July 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan, consistent with the MTA Board adopted 2003 Short Range Transportation Plan. Section 2. This resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 5 CITY OF LYNWOOD Date Prepared: July 13, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 -MAY 31, 2010 Contact: Josef Kekula Phone Number: 310/603-0220 ext. 287 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi-Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON-RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government I nstitutionaUEd ucational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,000s 10 0 1. Note: Please change dates on this form for later years. Section 1, Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. EXHIBIT "A" Dwellin Units 0.00 (8.00 0.00 1,000 Net Sq.Ft.2 0.00 0.00 0.00 1,000 Net Sq.Ft.` 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dail Trips 0.00 0.00 H:\xlfiles\PUBWORKS\CMP\2010 CMP Report Page 1 CITY OF LYNWOOD Date Prepared: July 13, 200 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 -MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ~. - ~ ~- RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Sin le Famil Residential 0.00 Multi-Famil Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Commercial less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft, or more) 0.00 Freestandin Eatin & Drinkin 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Lod in 0.00 Industrial 0.00 Office less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 s .ft. 0.00 Office 300,000 s .ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 Universi (# of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessa Daily Trips (Enter "0" if none) ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section /, Page 2 CITY OF LYNWOOD Date Prepared: July 13, 200 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 -MAY 31, 2010 Enter data for all cells labeled "Enfter." If there are no data for that category, enter "0." ... ~ ~. ~ ~ IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reportin period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Sin le Famil Residential 0.00 Multi-Famil Residential x.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft. or more) 0.00 Freestandin Eatin & Drinkin 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lod in 0.00 Industrial 0.00 Office less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 s .ft. 0.00 Office (300,000 s .ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 Universit # of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessa ) Daily Trips (Enter "0" if none) ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 3 CITY OF LYNWOOD Date Prepared: July 13, 2010 2010 CMP Local Development Report Reporting Period: JUNE 1, 2009 -MAY 31, 2010 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ~ ~ • (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing 10 Dwelling Units High Density Residential 0 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 10 Total Non-residential sq. ft. (in 1,OOOs) 0 Section 1, Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low-Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low-Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approvalldisapproval authority. These locally precluded projects do not have to be reported in the LDR. ate ,,~{L},Y~,~ F4 ~- ~1~ ~ 7 o~ ~~~~ ~ ti 't1FOg~ DATE: TO: APPROVED BY AGENDA STAFF REPORT August 3, 2010 Honorable Mayor and Members of the City Council PREPARED BY: Jonathan Colin, Director of Development Services J~ Rita Manibusan, Development Services Manager,:; SUBJECT: Property Nuisance Abatement 3601 Lynwood Road, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3601 LYNWOOD ROAD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6175, PAGE 009, PARCEL NO. 035 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". Background: Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. 1~ Roger L. Haley, City Managers Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is currently vacant, and neighbors have complained that transients, gang members and squatters have become a problem in this area, because of this property. Staff's efforts to obtain voluntary compliance from the property owner, Mr. Cruz M. Perez, have been unsuccessful. (Attachment "A") The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3-13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt ..are attached. Staff has not received a response from the property owner regarding this matter. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3601 LYNWOD ROAD, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6175, PAGE 009, PARCEL NO. 035 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on August 3, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6175- 009-035 also known as 3601 Lynwood Road, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3- 13.1 of the Lynwood City Code. Section 2. The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Junk, trash and debris 2. Overgrown vegetation 3. Discarded items 4. Unsecured structure Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. Junk, trash and debris will be removed and properly disposed of. b. All overgrown vegetation will be removed and properly disposed of. 3 c. Discarded items will be removed and properly disposed of. d. Property will be properly secured and locked. Section 4. The owner of said property, Cruz M. Perez, is ordered and directed to take said steps to abate said nuisance. Section 5. If the property owner fails to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3-13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on August 3, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall. take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3rd day of August, 2010. Maria T. Santillan, Mayor 4 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Roger L. Haley, City Manager APPROVED AS TO CONTENT: Fred Galante, City Attorney Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 3~d day of August, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk 6 A'fTA~HHENT ~A~ ~3 j ~~ ~~ V ~. ~, DEVELOPMENT SERVICES DEPARTMENT -city of ~Y1~T~OOD v4 City ~t~leeting Cka~Qen 11330 BULLIS ROAD ~ LYNWOOD; CALIFORNIA9026 m ~' (310) 603-0220 ~ - x 289 ~ , *; ~,. ~ - ---~- ~ Cerfified Fee O. 0 Return Reclept Fee Postmark O ,(Endorsement Required) Here . ~ ResMcted Delivery Fee fr1 Endorsement Required) ~ I J U ly 22, 2010 ~„ Totai Postage & Fees $ 0 nt o .p Cruz M. Perez '` sir~et ~t •o.; .Y.::K1'_2,..~, k.---~t-4~~f~ ~---- --o -----_---- -- 3601 Lynwood Road orPOBoxNo.-- --- -~-~---Q 1---------~,.~~.~ w._. s~ ~` r Lynwood, CA 90262 ~;"'srete.zrR+"a - - co ~-------- ~, RE: 3601 Lynwood Road, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 3601 Lynwood, .Road, within the City of Lynwood. 1. Junk, -trash and debris 2. Overgrown vegetation throughout front and rear of property 3. Discarded items 4. Unsecured structure These conditions constitute violation of Section 3-13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: a). All overgrown vegetation must be cut and trimmed on a regular basis. b). All miscellaneous junk, trash .and debris (accumulated. on or scattered about the premises) .must be removed (and lawfully disposed of), c). All entrances, windows, garage entrance, and entrances to existing structures located on the property must be properly secured. Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be 7 assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on August 3, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration. Dated: July 22, 2010 CITY OF LYNWOOD Jonathan Colin, Director Development Services Department 8 DEVELOPMENT SERVICES DEPARTMENT city of ~Y1~T~OOD ~ City vlAeeting Cd~a.~~enges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 x 289 NOTICE OF HEARING TO ABATE NUISANCE ALl-AM~ ~~oi~, NOTICE IS HEREBY GIVEN that on the day of August 3, 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262, to determine whether the real property located at 3601 Lynwood Road, Lynwood, California, more particularly described as: APN: 6175-009-035, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all .overgrown vegetation and discarded items': situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be .abated', by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 22nd day of July, 20'10 CITY OF LYNINOOD Roger Haiey, City anager ~g LY+~k ti4 ~ ~'~ ~~ ~~ ~, '9LIP,ogia DATE: TO: APPROVED BY AGENDA STAFF REPORT August 3, 2010 Honorable Mayor and Members of the City Council PREPARED BY: Jonathan Colin, Director of Development Services ~v Rita Manibusan, Development Services Manag SUBJECT: Property Nuisance Abatement 3785 Palm Avenue, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3785 PALM AVENUE, LYNWOOD ROAD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 011, PARCEL NO. 023 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". Background: Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. Roger L. Haley, City Manager Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is currently vacant, and neighbors have complained that transients, gang members and squatters have become a problem in this area, because of this property. Staffs efforts to obtain voluntary compliance from the property owners, Mr. Jose A. Iniguez and Ms. Maria Ponce, have been unsuccessful. (Attachment "A") The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3-13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Staff has not received a response from the property owner regarding this matter. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3785 PALM AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6177, PAGE 011, PARCEL NO. 023 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on August 3, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6177- 011-023 also known as 3785 Palm Avenue, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13.1 of the Lynwood City Code. Section 2. The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Junk, trash and debris 2. Overgrown vegetation 3. Discarded items 4. Unsecured structure Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. Junk, trash and debris will be removed and properly disposed of. b. All overgrown vegetation will be removed and properly disposed of. 3 c. Discarded items will be removed and properly disposed of. d. Property will be properly secured and locked. Section 4. The owners of said property, Jose A. Iniguez and Ms. Maria Ponce, are ordered and directed to take said steps to abate said nuisance. Section 5. If the property owners fail to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land~to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3-13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on August 3, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3rd day of August, 2010. Maria T. Santillan, Mayor 4 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Roger L. Haley, City Manager APPROVED AS TO CONTENT: Fred Galante, City Attorney Jonathan Colin, Director Development Services 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 3~d day of August, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk 6 ,r,1~,~ ,, ~_ ~ ~, ~='`~ , gTTAGMMENT "'A" ar. ~ IY.V~VOOD DEVELOPMENT SERVICES DEPARTMENT July 22, 2010, Jose A. Iniguez Maria Ponce 3785 Palm Avenue Lynwood, CA' 90262 v4 City c~G(eeting Cka~>?enges 11330 BULLIS ROAD ' e ~ LYNWOOD, CALIFORNIA 902E ~ ~ (310) 603-0220 ~ ' • ° m x 289 r1, ~ ~ . [~- Postage rl p Cerflfled Fee G1 CJ RetSm Reciept Fee (Endorsep1ment Required) ~ ResMoted DelNery,Fee m- (Endorsement Regwn:d) i Total Postage 8 Fees S ~ ~"S"'en~t'To RE: 3785 Palm Avenue, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE ~_ 11111 ~ NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 3785 Palm Avenue, within the City of Lynwood. 1. Junk, trash and debris 2. Overgrown vegetation throughout front and rear of property 3. Discarded items 4. Unsecured structure These conditions constitute violation of Section 3-13.2 et. Seq. of the Lynwood Municipal Code and must be abated in the following manner within the next seven (7) calendar days: a). All overgrown vegetation must be cut and trimmed on a regular basis. b). All miscellaneous junk, trash and debris (accumulated on, or scattered about the premises) must be removed (and lawfully disposed of). c). All entrances, windows, garage entrance, and entrances to existing structures located on the property must be properly secured. Any nuisance conditions that are. not abated (as instructed above) will be removed, destroyed, demolished, corrected or othenrvise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on August 3, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration. Dated: July 22, 2010 CITY OF LYNWOOD Jonathan Colin, Director Development Services Department citY~ ~.f ~Y1~T~OOD ~, ~~ nu-nMSnicN cm ;~; „~ , ,~ ' c~ City c~Uleeting Cka~~enges ~) I f I I ~~ ~ 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 DEVELOPMENT SERVICES (310)603-0220 DEPARTMENT x 289 NOTICE OF HEARING TO ABATE NUISANCE NOTICE IS HEREBY GIVEN that on the day of August 3, 2010 at the hour of 5:00 p.m. or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood; California 90262, to determine whether the real property located at 3785 Palm Avenue, Lynwood, California, more particularly described as: APN: 6177-011-023, Constitutes a public nuisance subject to abatement by the rehabilitation of the properly, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, and removal of graffiti throughout the interior and exterior of the property. ', The alleged conditions constituting a public nuisance are the following: Premises contin',ues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and. if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and; shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony'', and other evidence will be taken and given due consideration. DATED this 22nd day of July, 2010 CITY OF LYNWOOD Roger Ha ey, City Manager ' Og LY~,~ ~'~~~ ~tl~ AGENDA STAFF REPORT ~~ ~ ~~ yttFOgS~ DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager'$t ~'` PREPARED BY: Jonathan Colin, Director of Development Services Rita Manibusan, Development Services Manage SUBJECT: Property Nuisance Abatement 12317 Long Beach Boulevard, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12317 LONG BEACH BOULEVARD, LYNWOOD ROAD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6168, PAGE 022, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". Background: Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. AGENDA ITEM Discussion 8~ Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is a vacant parcel of land located on one of the city's major thoroughfares. Staff's efforts to obtain voluntary compliance from the property owners, Mr. Juan A. Balbuena and Ms. Irma Martinez, have been unsuccessful. (Attachment "A") The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3-13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Staff has not received a response from the property owner regarding this matter. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 12317 LONG BEACH BOULEVARD, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6168, PAGE 022, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on August 3, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6168- 022-021 also known as 12317 Long Beach Boulevard, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13.1 of the Lynwood City Code. Section 2. The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Junk, trash and debris 2. Overgrown vegetation 3. Discarded items Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. Junk, trash and debris will be removed and properly disposed of. b. All overgrown vegetation will be removed and properly disposed of. c. Discarded items will be removed and properly disposed of. 3 Section 4. The owners of said property, Juan A. Balbuena and Irma Martinez, are ordered and directed to take said steps to abate said nuisance. Section 5. If the property owners fail to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3-13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on August 3, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3rd day of August, 2010. Maria T. Santillan, Mayor 4 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Fred Galante, City Attorney Roger L. Haley, City Manager APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 3rd day of August, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk 6 A7rAcHM&Mr 'a" city of ~Y~~o c ._ ~ ~ ~ • ~'~, ~~ c}E t/'ity vlileeting C~a~Qenc ; ° - s ~~' - ~ °' m .. - . - •..-•. .-. i 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 902E ru ~ ~ m DEVELOPMENT.SERVICES (310)603-0220 ~ DEPARTMENT x 289 Postage $ a O Certified Fee ~'' Retum Redept Fee Postmark (Endorsement Required) M Restricted Delivery Fee m (Endorsement Required) July 22, 2010; Total Postage & Fees ~ . Juan A. Balbuena ~' "` ° Irma Martinez - °rPQBoxfVO. ..~Q ~~1:~.._.1~1G JQ 10247 McNerney Avenue cn;;------°----- ~ .. ~~°~~~°-°° "-- syare ZIP+4 South Gate, CA 90280 :. ~~ ~ RE: 12317 Long Beach, Boulevard, Lynwood, CA 90260 NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined that a public nuisance (as described below) exists upon real property located at 12317 Long Beach Boulevard, within the City of Lynwood. 1. Junk, trash and debris 2. Overgrown vegetation throughout front and rear of property 3. Discarded items These conditions constitute violation of Section 3-13.2 et. Seq. of the Lynwood Municipal Code and .must be abated in the following manner within the next seven (7) calendar days: a). All overgrown vegetation must be cut and trimmed on a regular basis. b): All miscellaneous junk, trash and debris (accumulated on or scattered ~ about the premises) must be removed (and lawfully disposed of). c), Any nuisance conditions that are not abated (as instructed above) will be removed, destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on August 3, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration. Dated: July 22, 2010 CITY OF LYNWOOD Jonathan Colin, Director Development Services Department 8 city of ~Y1~T~OOD ~~ ', ~ City meeting C~a~.~enges 11330 BULLIS ROAD DEVELOPMENT SERVICES DEPARTMENT LYNWOOD, CALIFORNIA 90262 (310)603-0220 x 289 NOTICE OF HEARING TO ABATE NUISANCE ~. 1'I~~- NOTICE IS HEREBY GIVEN that on the day of August 3, 2010 at the hour of 5:00 p.m. or as soon thereafter ',as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall., 11330 Bullis Road, Lynwood; California 90262, to determine whether the real property located at 12317 Long Beach Boulevard, Lynwood, California, more particularly described as: APId: 6168- 022-021, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated '~by the City, in which case the .costs incurred by the City will be assessed upon the property-and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 22nd day of July, 2010 CITY OF LYNWOOD Roger H i anager pyr LY~,~ a n ~ ti~ attso¢s' DATE: TO: APPROVED BY AGENDA STAFF REPORT August 3, 2010 Honorable Mayor and Members of the City Council PREPARED BY: Jonathan Colin, Director of Development Services Rita Manibusan, Development Services Manage~~ SUBJECT: Property Nuisance Abatement 3148 Carlin Avenue, Lynwood, CA 90262 Recommendation: Staff recommends that the City Council conduct a public hearing and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3148 CARLIN AVENUE, LYNWOOD ROAD, LYNWOOD, CA, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6176, PAGE 002, PARCEL NO. 006 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF". Background: Section 3-13 of the Lynwood Municipal Code provides for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant, removal and proper disposal of discarded items and securing the property either by private contractor or by City personnel if the property owner fails to take the necessary steps to correct within five days after the date of Council's action. Roger L. Haley, City Manager ~~ Discussion & Analysis: The property identified in the attached resolution has become a public nuisance and efforts by the Code Enforcement Division to obtain compliance have been unsuccessful. The site consistently maintains overgrown vegetation, unsightly conditions, junk, trash and debris throughout the property. The property is under the Trust of Ms. Helen Milliron, and is occupied by a family member incapable of continued maintenance. Staff's efforts to obtain voluntary compliance been unsuccessful. (Attachment "A") The owner was sent a Notice of Hearing to Abate informing him of the scheduled public hearing via U.S. Postal Service Certified Mail. The "Notice of Hearing to Abate Nuisance" was posted at all of the property entries pursuant to Lynwood Municipal Code, Section 3-13.4 et al. A copy of the Notice, Certified Mail Notice and Return Receipt are attached. Staff has not received a response from the property owner regarding this matter. Fiscal Impact: Costs associated with nuisance abatement action normally average approximately $2,500. Informal bids will be solicited from local vendors which will include a detailed breakdown of costs and or fees on a case by case basis. The confirmed cost of the abatement of the public nuisance constitutes a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the Office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment to the next regular bill of taxes levied against the property identified. Coordinated With: City Prosecutor Finance Department City Attorney's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 3148 CARLIN AVENUE, AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6176, PAGE 002, PARCEL NO. 006 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF WHEREAS, pursuant to the recommendation of the City Manager of the city of Lynwood and staff, the conditions at the site have proven to be an imminent nuisance throughout the property as well as adjacent property; and WHEREAS, it has been documented that this site has heavily impacted the City's resources due to the excessive amount of enforcement required in trying to bring this site into compliance; and WHEREAS, on August 3, 2010, at its regularly noticed Council Meeting, this Council held a duly noticed public hearing and heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions constituting the alleged nuisance and the proposed abatement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The property described as Tax Assessor's Book No. 6176- 002-006 also known as 3148 Carlin Avenue, in the City of Lynwood, California, is hereby found and declared to be a public nuisance as defined in Chapter 3-13.1 of the Lynwood City Code. Section 2. The particular conditions of said property, which are hereby found and determined to constitute a nuisance, are described as follows: 1. Junk, trash and debris 2. Overgrown vegetation 3. Discarded items Section 3. It is further found and determined that the methods by which said conditions could be abated include, but are not limited to, obtaining an Entry and Abatement Warrant for the site, if deemed necessary by the City to perform the following: a. Junk, trash and debris will be removed and properly disposed of. b. All overgrown vegetation will be removed and properly disposed of. c. Discarded items will be removed and properly disposed of. 3 Section 4. The owner of said property, the Estate of Helen Milliron is ordered and directed to take 'said steps to abate said nuisance. Section 5. If the property owners fail to take the steps as provided in this resolution within five (5) days after the date this resolution is posted upon said property, the City of Lynwood shall immediately cause the same to be abated by City personnel or private contractor and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Section 6. The Director of Development Services is authorized and directed to post conspicuously at least one copy of this Resolution on the subject property and to send another copy of this Resolution by registered or certified mail, postage prepaid, return receipt requested, to the owner of said land to the name and address as it appears on the last equalized assessment roll. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings take under this resolution. Section 7. In the event the City of Lynwood causes the aforementioned nuisance to be abated by City personnel or private contractor, the owner of the premises shall be liable to the City. All costs incurred in the abatement efforts shall constitute a special assessment against the subject property upon approval from City Council, and a Notice of Special Assessment shall be recorded against the premises pursuant to Section 3-13.11 of the Lynwood Municipal Code. Section 8. Notice is hereby given that on August 3, 2010 at the hour of 5:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, in the City of Lynwood, any and all persons having any objections or protests to said proposed work were given the opportunity to appear before said City Council and show cause why said proposed work should not be carried out in accordance with said Act. Section 9. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3rd day of August, 2010. Maria T. Santillan, Mayor 4 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Fred Galante, City Attorney Roger L. Haley, City Manager APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 3rd ,day of August, 2010, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. in my office and that said Resolution was adopted on the date and by the vote therein stated. Maria Quinonez, City Clerk 6 A7TAGNMENT A" DEVELOPMENT SERVICES DEPARTMENT July 22, 2010, Estate of Helen Milliron 3148 Cartin Avenue Lynwood, CA 90262 RE: 3148 Carlin Avenue, Lynwood, CA 902E. ~ - 0 Certffled Fee O ~ Retum Reclept Fee (Endoreement Required) Po Here O ~ ResMcted Delivery Feo fY'I (Endorsement Required) rl Total Postage t£ Fees S ~ entTo ~ or POBOxNo. ~,j /` City, State, ZIP+4 ~.. wo o d C :~, b- NOTICE TO ABATE A PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that the City Manager of Lynwood has determined.:, that a public nuisance (as described below) exists upon real properly located at 3148 Carlin Avenue, within the City of Lynwood. 1. Junk, trash and debris 2. Overgrown vegetation throughout front and rear of property 3. Discarded -items These conditions constitute violation of Section 3-13.2 et. Seq. of the Lynwood Municipal Code and must be .abated in the following manner within the next seven (1) calendar days: a). Alt overgrown vegetation must be cut. and trimmed on a regular basis. b). All miscellaneous- junk, trash and debris (accumulated on or scattered about the premises) must be removed (and lawfully disposed of). c). Any nuisance. conditions that are not abated (as instructed above) will be removed,. destroyed, demolished, corrected or otherwise abated by the City of Lynwood (without regard to salvage value) and the cost of abatement will be assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the .City assessed upon the land on which the nuisance(s) are located and will constitute a lien upon such land until paid. All property owners or other persons having any objections to this order of nuisance abatement are hereby notified to attend a hearing before the City Council of the City of Lynwood to be held on August 3, 2010 at 5:00 p.m. in the Council Chambers of Lynwood City Hall, located at 11330 Bullis Road, Lynwood California, at which time their objections will be heard and given due consideration. Dated: July 22, 2010 CITY OF LYNWOOD Jonathan Colin, Director Development Services Department DEVELOPMENT SERVICES DEPARTMENT City of ~Y1~T~OOD v4 City c~lAeeting Cd~a~~enges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 x 289 NOTICE OF HEARING TO ABATE NUISANCE ALL-AM~ 1' I I' 1 NOTICE IS HEREBY GIVEN that on the day of August 3, 2010 at the hour of 5:00 p.m. or as soon thereafter I as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing the City Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood'', California 90262, to determine whether the real property located at 3148 Carlin Avenue, Lynwood, California, more particularly described aS: APN: 6176-002-006, Constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, removal and proper disposal of all overgrown vegetation and discarded items'situated thereon, and removal of graffiti throughout the interior and exterior of the property. The alleged conditions constituting a public nuisance are the following: Premises continues to maintain overgrown vegetation, various junk trash and debris on the property, discarded items, and a deteriorated structure. If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated!by the City, in' which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid. All persons having any objection to, or interest in this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this 22nd day of July, 2010 CITY OF LYNWOOD Roger Ha ey, C anager i .~~~ ~'~ ~,.~ ~~.. \, r ~~, \, T* DATE: TO: APPROVED BY AGENDA STAFF REPORT August 3, 2010 Honorable Mayor and Members of the City Council Roger L. Haley, City Manage~~a( PREPARED BY: Robert S. Torrez, Assistant City Manager `-~~ Lilly Hampton, Accounting Technician SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for Fiscal Years 2009-2010 and 2010-2011. Attached Warrant Register dated August 3, 2010-------------- AGENDA ITEM fU (Q '~, fD n ~' ~' m v 0 0 ~_ n n N ~a a O A~ _ n X O ~ O W W ~ ~ N ~ O ~ o ~ _ rn ~ ~ a 0 N I~ n ~ W ? ~ N C o c. o p o o su ~ ~ ~ W ~ o N C 0 can ~ N ~ a~ o ~ 0 D N ~ ~ ~ C O ~ O 'p O ~ O C. 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(n O O ~ O O O O O O O O O A Cn Cn ~ o 0 0 0 ~ ~ m Cr m ~, o -Z-i cn Z o ~ ~ ~ ~ cNii o m ~ ~ ~ ~ ~ ~ 3 ~ T T ~ m n D n ~ ~ ~ ado ~' c N n n D ~ ~ O ~ ~ O z 0 o D D o 0 0 0 o m ~ n~ ~ ~ m ~ d = ~ m N N N N W <'`) V ~ eD ~ ~ t0 ~ N N D ~ N -~ A N ~~ O ~ s ~ ' O N~ -~ N N N 3 A Oo V O W t/~ (O O W W A A W O W O U7 U1 ~ A O A t0 ~ Of ~ W Oa O N N V W A 0 0 0 ~ N (r W CO 07 Ut Oa OD Oo A A W W 01 j 0 0 0 C N tD (O N U1 tD (O O W A N O O O O W N O O O w o < ~ S i7`7 y O K O W N O A v h y o c n y ~ ~ r ~ °o ~. a m 00 ~ < < 0 0 c c n ~ ~ A fZ/ N 7 O S a N d m ~ S A O O ~ ~ v 6 N 7 O A c O ~ A ~ CTI ~ v, I ~v A O O O ID _~ a N ~ C W D Z n O 7 7 C fD d 7 O n A v 0 N O lD N 00-000 _ _ cn _ _ _ W W W W W W !J1 U1 U1 O Cft O W (W W N W N W W U7 V W V Cll Ul O O U1 O ~ O ~ ~ d) O A CJ~ V N N A O_ O_ A_ O O_ O_ N CT U1 O Ut C71 GJ1 1 O b'i < W O d C ~ A O O O O N N N V V ~ d O w W V ~1 e0 fD Oa V W O W O) Gl Nf N V O A CO N CO O W w o w O o O O v N n. ~ V n d S 7 .~i ~ ~ C1 N M O C a ,~ m o v W ~ N ~ N ~ ~ n 0 M ~ ~ ~ 7 ~ o o a d (G A 3 0 C .~° N Z N O CD .. ~ ? C L C C n n N f3D N N o ~ s y' N -t ~ N ~ ~ n O O ~ ~ Sv a N rn O v N O_ O 0 0 N a7 O O C7 n n D rn .A O O N O N O_ O 0 0 O_ W W Cn O n D r_ T m 0 O Z O O D Z rn O .A O v N O N O_ O 0 0 O J v O D z D z D D rn rn rn N ao N A J c\O N N N O O O O O O o W °~ c 3 O n ~ ~ O O ~ O O. fD v ~ o ~ ~° Al O f~D j O ~ 0 °o m (D O ~ ~ ~ O C7 m z -a D r W D Z C z n -~ D r D m n ~ W C ~ O ~ i N ~ ~„ C W i N ~~ O I O of 0 rn 0 0 0 rn ° ° ° ° D °m s~G~ c nc nc °r c n ~ ~ ~ U U7 J7 ~ U7 C77 ( O CSC . oD ~nc~ >n~i~ 00 ~ ~ cn ~ . c o o cn O ~ Z n c o C ~mG coi, coi, can ~ o ~ ~ C7 ~ o o ° ~ ° m ~ D o W 'o O ~t v N ~, 0 D n O C m o ~ ~ D ~ ~ _ C7 C "~ ~ < O N C 3 - ~ - ° ~ x n I o ~ .,. ~ ~ -~ x -~ co O O O O O ~ O N N v N v v m v o .. .. .. .. .. z .. n W W O ~ A N N D ~ 00 00 W W ? O) A C7i Ui A ~A ~ -~ -a W W N (O O N O O Uf CJ7 O O O O A N N Gfl O O 01 W ~ 3 00 00 O O N 1~ CJi W O O O W , -' o < N ~ f/l N ~ O O O cn W N W D K I ~ O b O C ~ ~ n ~ ~G ~ 7 ~ ~~ r 0 ~ °Q 01 fC fD su m O CA O W N O .~ O O O O N O D r D D n D r O CA N W O O O 0 CD O_ O O O O O O ~ ~ N O N N O Cb Cb A W W N W W W COD OW A ~ D~ of ~ of ~ Jo ~ o m o O a zD o ~ o ~ o ~ ~v ~ y m ~~ ~m,m-gym --~ -,p -~y ~m ~m m n n cAn~ cnZ.c~i,Zc~i,QD o0 c~TCrn ~~ o~ o~ o~ 'v D ~~ NpNpN~ inD 'pD ~~ om om om O Z ~ j ~ ~ ~ ~ C ~ o~ z a~ _ ~ _ ~ m ~ ~ ~ ~ o ~ i~ m i~ m in m D m wp omomor cJOm oc o~ o~ o~ o~ ~ ~ CD ~ N m N m N .Z7 CT ~ N -O ~ O ~ ~ ~ ~ ~ ~ O m cD cn r cn r cn m o~ o cn cT c cT c cT c ~ O ~ ~ ~ m m _D ~ m ~ m m m ~ cn m m m m o n n m cn -{ z z z z ~ cmi~ cmn ~ ~ ~ -~ -~ ~ o ~ o n o 0 0 0 0 0 0 n ~ m a~ ~ d ~ c v n w w y w~ -~ aow 00 ~~ ~~ ~~ ~ ww oo w v aooo NN o0 00 00 00 0 rnrn cno cn o ~~ o~ oo rnrn rnrn mrn ~ N Vt 0 0 O O O O N N C O A A A .P A~ O O O O O O O O N CT 0 0 N N N CT N N .fie ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ CD 00 V O CT W W W W ~ W ~ ~ O O O O ~ O i ~ ~ ~ O O O O O O O N O O W C T ~ O O A W ~ D O .A N W ~1 OD O O ~ CA -~ o ~ n m ~ C!~ D S _ n Z r ~ n D ~ ~ O ~ D O ~ ~ cn ° m m ~ m < < ~ n n m m m z z ~ n o m ~ ~ ~ c 3 O O O 7C' 11 C J1 C 7i C S A W N ~ O a m J v N N N 0 ~ O O ~ O ~ ~ ~ ~ O O O O O O O N O O ~ V N ~I O_ ~I W O O O CT D ~ ~ ~ z ~ ~ ~ ~ O C Z Z N ~ _ ~ ~ D ~ ~ D ~ D z N N N N CD CD ~ J J J _ ~ -~ CT CT W ~ CD OD CA N N N O ~ pp O O O O o < N ? ~ N N r- O 0 V N^1 T D •~' O O C N ~ (~ O~ ~ ~ ~ ~ ,! ~ r °o w O. '~ v m N O fD N W A O O O Oo w N O_ O O O C7 A v O W m O Z ° m m v O O O W A A .A A ~ ~ ~ ~ CT ? W N Oo Oo 00 ~ W W W W N N N N O O O_ O O O O O ~ O N ~ A ~ O A N W O O 00 0o D D ~' ~ o "' i ~ r D D r ~ ~ Z r ° z O ~ D O z ~ ~ ° D ~ ~ m ~ C r ~ n n G C7 ~ Z C7 v ao 00 ~ O ~ ~ O ~ ~ O O W O O O O ~ O W ~ ~ ~ ~ ~ O C ~ ~ 7 ~ ~ O a ~ ~ ~ w N O w N O p ~ -a ~ ~ O O ~ ~ ~ O ~ O ~ O 7 Q O -~ D D D m n ~ ~ r ~ Z ° m r r CO A .A ~ A A ~ O 0 W O 0 0 CO 00 ~I A "' ~ 7 C fD C! 7 O f'1~ O ~ ~ O ~ ~ ~ O O O O O O ~ ~ ~ ~ ~ ~ O O O O O O O O O O O O O ~ O N O_ O O O O O O O O O 00 W O Ln CT Cn W N W W C7 C7 C7 v ~ N CO 00 ~ 00 .A A A A C7 O A O W N ~ W (T Ln CT CT w ~ o~ om omom o~ oma~omomomom o ~ c i, rn ~ j G ~ Z ~ Z D ~ ~ ~ p _ ~ ~ ~ 1 ~ ~ ~ ~ ~ 1 ~ j y ~ ~ ~ ~ ~ ~ w ~ o>D~ m o> ~ iv~inmivDiv~i.~~iv ~ is ~ o n ~ ~t o 0 0~ o ~ o v ~ ~ ~ cn . -a oD O ao N N D Nr~l D N~ N~O~N~N~N~N ~ W w Z co ~~ cnL~o -~ cn.~ rnmo~rnmrnmrnmrn m w O w ~ ~ -p o o m cn O o cn ~ cn p cn ~ cn ~ cn ~ cn ~ o ~ ~c ~~ ~p ~zb>~ o~p ~<~Zb~<~<~<~< rn D N r 0 N p 0 ~ N Z o~ l~mN 2 w o D N Z o N(~N DN(~N(~NON O 0 0 0 0 0 o ~ w n ~ cn Z cn n c'n p cCDODv, r cn ~ o~o °~~~~~° ~ ~ 3 c -I -I ~ p D ~ ~ m G rt .Z7 m m Q° ~ n ~ r_ n ~ D ~ 0 0 ~ p -i Z -~ ~ ~ Z () O O O N N N ~ ~ N N N j V ~~ ~~ ~~ _ ~ O N W W D ~ O O N Ln T ~ ~ ? ~ 00 ~ N W (T A CT (71 CT O O C7 00 ~1 ~ cC N Ln A ~P (T O N Cn W N N O O (T ~I v. O C7 ~ W v ~ N~ W A DD N N ~ N ~ j O O -~ N CD O O W O ~I O O W O O O Ul O O O O ~G N ~I N N Cn 0 ~ O O Ut O O O rt O N S ~ N N ~ O i O V n 0 ~ ~ n K ~ 3 ~ o r C 'y-r a N O N N v, v 0 m W I 0 V N W w N O 0 0 0 O W C7 O z O r r m 0 z m m z V v N O N rn 0 V W w N O O 0 0 O W C7 O O z n O C 2 O C W m ~ rn C ~j Z o rn N o O O rn 0 V O W w N O O 0 0 N m V V n m 0 O n O Z -~ c C7 O Z z n C7 m 0 CD A ~A N rn .~. 0 rn O W W N 0 O 0 o_ W W O C7 D z O Z T Z D z C7 D r m ;U G C7 m z 0 V W O rn 0 rn O W w N 0 O 0 0 N CO W m Z z D p -D D n n Z C7 ~ W W ~ ~ ~ ~ ~ o O W (O ? A N O O ~ o ~ ~ ~ c ~ 0 0 ~ x' ~ ~ ~ ' O Q O ~ ~ ~ W W v ~ N N ~ ~ O O ~D ~ O o ~' ° ° ~ o o 1 a N o ~ c O ~_ p O o r o rn ~ m v ~ o < n ~ m m ~ ~ O Z n ~ 2 m 0 V N O O n 0 ~' c m a 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ O O O O 0 0 0 0 0 0 0 O O O O qi O O O O 0 0 0 0 0 0 0 O O O O TF N O O N 0 0 0 0 0 0 0 N N N ~ W A N (WJ1 A .OP ~ A .OA A ~ f~Ji f~Jt U~1 ~ V N V ~ W 00 00 OD 00 00 OD W W W N ~ ~ ~ ~ ~ ~ o_ /n oho ~ ~ ~ oooo~oo ~ coi~DconDc°n D ° m o~ m in 'o in ~ o> ~ irininis,iaiaiv m ~m~m~ m ~ y ~. ~ ~ cn -~ cn ~ ~ ~ 0 0 0 0 o cn cn ~ cn ~ cn ~ cn ~ o ~ m~ wpia p m D o~incncnwiaiv r ~~Ja~~ ~ ~ m ='• .A C7 .AZA Z cn n o~oo~WO m crZ7cn~cn ~ o O w p o~ cn o cn cn o cn o 0 o cn m ~ o~ z °nO nay ~ ~h~b~b~~b>o~ ~ ~yo>Do~ D ~ D CT ~ p'"' p N p NNNNW Ncn m ~~.A~A ~ W Z O C C O 0 0 0 0 0 0 0 W W W O'~ f~' 1 N 'n :f) A ~ :0 ~ ~ ~ ~ W ~ N D O ~ O ~ Cfl ~ N p o O ~ ~ cn -r cn cn cn cn o cn o p cfl m co m cfl m w ~ ~ r m T = ~ z z z ~ ~ ~ ~ n m m m m cn cn cn ~ ~ m z ~ ~ v o 0 0 0 ~ o ~ o m m m a c -i cn cn cn z O c- a- W ~ w a~ m ~ N N O~ CO A~ CJ7 U~ W N V V V D V V OD N Ut W W 00 ~ N fD ~ W 00 00 00 '+ 00 00 ~ V W 07 O 01 V V V V A A V lD O W O O O (JI ~~ O O CO V V -~ A W W W O O ;P OD V A N O O W C T O OO O ~ A 000 0 0 00000 Ch CO N O W C O N -~ ~ O~ CO N N -- N 0 0 0» V V V W W O O N1 ~ o n N ~ N O O V A A D 3 O C r ~ ~ ~ o ~ O ~ Q .Q m W N O (D A ~ O O O O O O O O O O O O O O O O O .' O ~P ~A A A A .A J~. A A J~ W W W W W W N W W W W W N N N N N ~ -~ Oo O N N N N U7 N ~ -~ O O O O O O O A A W W W W W 00 O N N CO W N -• O CO ~I N O A W N ~ CT Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~I J J J V ~ 1 ~I ~1 ~1 V ~I ~l V 00 V ~I ~1 ~I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W W ~ ~ ~ W W ~ W W A W W W ~ ~ W ~P W A (T CT Ui _ U7 CJl _ A A CJl O CT J~. Oo U7 ~I O V N N O CT N N N W W N A -~ J -~ O 1 O W C A f'f 7~ O ~ ~ ~ O a c~ ~ ~ w v ~ N ~ ~ ~ ~ ~ O ~ 0 o c~ w 3 j a 0 n O C Z 2 m m 0 m v O A o~ o D o~ o m o m o m o~ o m o m o~ o~ o D O m O z o Z o Z o D 0 p ~omomomoCOCO0omo0oCOmomomonoTlononomozv m. z. z. z. ~ ~ z. ~ z. z. z. p. T. ~. ~. z. ~NTINTINTN~N~N~~TI j~~~~TIN-1'I~T~~~ ~~~~iNTIN O ~ ~cn~cn~c~n~cn- cn- ~, mcnpcnmcn- cnpcnpcn~cn'~o~cn(gcnCpcnpcn (n ~ n b~ n o> n b~ n b~ = o~ = b~ ~ a~ n b~ ~ b~ _a~ n b> n o~ n b> ~ b> ~ b> Z b~ Z b> n b~ m D m N N N A m A m A N Ja A m N N N A- N A N N A r C'1 cnomomomwrwrwmomwnwromomomwC~o~w~o~omw D ~ Dc~nmcnmcnm~~cC°o~c~OO-ziicnmc~OOm~~cnmcnmcnm~mcnmc~°oDc~nDcnmm ~ ~ m ~ ~ ~ ~ ~ .Zp7 -zi ~ ~ -zi -ZI ~ ~ ~ ~ ~Zi Z ~ cn cn m rrI m v. m cn cn cn m D m m ~ ~ 0,;,. ~ m m m 0 -Di O p m O z < < n n m Z';` n G < < z ~ ~ ~ ~ n 2 n n 2 2 z ~ 2 n C~ C~ -~ D m m C~ m ~n z ~ ~ cmi~ cmn ~ ~ ~ ~ ~ cmn cmn cmn ~ 2 < ~' z O _ ~ A ~ N W W -~ v N A N O O N D O O O J ? ~P ~ O W A W ~I N J J W 00 O_ ~ ~ ~ CWO W Cfl ~ ~ N A N A O ~ N ~ W A ~ .O W CT J ~I -~ ~ O ~P W ~I N O O f0 N ? A = W O W W ~I -~ ~ A OD A (r A O O CJ1 O CO A rt o /<^ •I N 3 N rt O 0 V A A D ~ 0 ~ _ C7 ~G 3 7 ~ o ~ o a '~ N fG <D m cQ m ~~ O O O O O V V A D O v O St C c o ao w oo w \ w w w w w 0 0 0 ~ 0 ~ 0 ~ ~ ~ O O O O O 4 O O O O W ~ W O N CT O ? W ~I A O A Oo D ~ m D D ~ D D _ r C ~ ~ p p ~ W O ~ D n C C C Z ~ Z ~ C7 0 0 D T O ~ m ~ r O ~ ~ C7 D ~ C O O Z ~ m ~ n o ~ ~ C7 Z D ~ O -I Z Z -i - ~ Z ~ O Z C7 W W ~ N N ~ A N ~ ', ~ ~ -C ~ O O N ~ O W 1 ~ 0 ~ O O pp W O O O CJ1 U1 O W W V ~ O O W ~ N O ~ ( T W °A A° o N N "' V ~. Z Z ~ !, 2 2 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~l J V ? 00 O O O O O O V ~I W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _ N N O ~ . P A N CJl JI C 7 U Cfl CO CO Cfl W W 11 A W O CD W O O O O CT CTl O O O A N .A O t0 O O O O ~ N A O W O C 3 O C1 ~ W N ~ .~ O a c~ ~ ~ w v ~. N ~ ~ O_ O ~ O ~ O W ~ W ~ W C. O C7 O C Z m m 0 m 3 O n O 0 ~# D-'D-~ D o Z o Z o Z ~ ~ o 0 ~ ~ 0= ArA y o~ o p ~cn~cn~cn~ Cn o n o n o n o n jDjCnj o Z o m o v ~ inDtrDin D in ~ o~ Z o~~b~ m ADD j,D~ D ~ ~,C~ cnrcnrcn r o 2 o m ~O~ ~ cn~cn~cn~cn ~ ono~o v' ~n:An~ C7 in r ~ ~ r oo0io ~ Cn ~~~~i~~:A ~ iv~i~ ~ ~ O A A A ~ Ov,O~ O O O ~ Z rn p 0 rn cn N~ N~ N~ N ~ o 0 0 o -+ ~ A c - ~ ~ , , rn Z ~ Z ~ Z ~ ~ , ~ m m ~ ~ ~ ~ rn m ~ m ~ m ~ m n ncn o ~ - ~ _ ~ Z N '~ N~ N~ o~ o~ o~ N p 0 N Z 0 N~ N m o m o z A ~ A D A O J~ ~ w~ w~ w~ w~ A m N A w O w r o n ~ ~Or~Or~ Or ~ ~ ~ D ~~~ -~ mO~O~~~ O ~D~Ocn c m m m ~ ~ ~ D D D D D ~ ~ G G < r r r r TO m~ m m m m O C° ~ p Z D c7 _ cn cn cn -i ~ -i cn --~ n -i ~ m m o ~ o < o ~ o o cn n as c- ~ a~ m ~ ~ n m y v V _ _ N ~I N N _ O ~ O D -+ W A -+ W ~ N N O W v V O O -+ O W ~I N W A O O O T CO O CT c0 A O W V CO W O N OD 03 W A CD V (T O 00 N ~ ~A ~ CT O C O O (O. 01 O 07 O W O W O O O V A V W W ~ ~ -~ CT ~ O W <T CT O O O O W W W ~ ? A ~A O , -. O ~ ~ N ? N ~ O 0 N C O ~ ~ ~ ~ 7 ~ o ~ o a v m cc 0 m m rn A O W W W w N O_ O O O W W W CJi m r m O D r C v O -~ m <_ C7 m ~ ~ ~ ~ ~ O rn A O W ~P W w N O_ O O O W W v m D O C Z O T O c Z O O Z rn N O O rn ~P O W W W w N O_ O O O O O N m X v m D Z v O D ~_ O Z m C7 m rn W O_ O O W O 00 n O W V ° rn A O W N W N O O O O U1 O W O m Z Z D Z -~ rn W 00 Oo rn A O W W W N O_ O O O W O m r 0 m W C n m D N CT N CO N 0 O rn A O W O W W N O_ O O O N O O C D m D r C7 D rn W W O N O O rn .P O V CD O W N O O O O O O ~_ n r O n S2o m 0 O_ O O O o W ~ c ~ n ~ ~ ' n O fl. fD ~ ~ `'' v ~ O ~ _ ~ 7 O ~ ~ O N ~ Q ~ O 0 m O D Z_ D r n D m n O Z O r rn rn ~ < 0 0 0 ° ~ ~ ~ _ O ~ O O O j' n ~ C (D d 0 0 0 0 0 0 0 0 0 ~ cfl ao rn rn ~ ~ ~ ~ ° ° ° ° ° ° ° ° ° ~ o o O O o O _ o o N o ~ o o o O O O O O O (T O V A W ? ~ ~ O W ~ W ~P W A N N ~ W O O O W O C~~C~~ C7 N C7 N ~ N ~ ~ ~ ~ -~ r O -~D~D~D 0 O ° O ° O ~ 0 m o D - ~ ~ ° ~ ° ~ ° ~ ° Z ~ Z ~ Z ° c~c~c ~~~i~~ ~ ~O ter ~D ~ ~m , ~~ 1m .~D ~ ~~ ~~s~~~ inDcnDinD ~ ~ m o m cn m ~ i o~ i o ~ ~ cn n ~ o m w cn O ~ m cn cn ~ ~ cn r cn r cn r ~ : a 'p ~ ~ v ~ v c _ _ an n pn rn rn :Cl Zl l7 ~ C7 ~ w ~ O ~ rn rn b> rn rn `~ ~ ~ D . .A . A A N ~ CT A ~ N Cn N N N ~ ~ ~ C'1 <w<w < C° ~° W cn o D ro C7 c o W o m 1 o o o ~ ~ mc omc o m ~ m n Z o c C7 v, C c n ~ n~cn~c n~ c cn cn cn < ~ W p ~ n cn cn cn ~ m m m m ~ D ~ < < < .D ~ D -ZI m Z C7 C7 C") ~ -~ m m m o O o O o 0 0 0 0 ~ ~ ~ Z ~ y ~ v ~ as ~ d .. z - ~ .. .. .. .. .. N -~ o o ao rn w rn D 00 OD t0 CO <D CO OD OD N N 01 O CO N 3 U1 CT l0 CO (D CD CO CO CO CO Ch CTt to Ul V ~1 O N ° Oo O N N 00 = 0o N N O) O ~~ W W N A CJl N C W O A A N N tJ1 CT C O 01 O ~~ N A Ul W ~ O O -~ ~ O O O O O O t0 (O O O O V ~ A .t o < N S 0`0 y O .~- O V N n ~ 0 M ~ ~ 3 3 ~ o ~ O ~, G. n~ m v 0 m v rn O O O w N O_ O O O W w w w D ;0 Q O D Z G7 m r m 0 W 0 O t0 O 0 rn O 0 O 0 w N O O O O O 0 0 O D Z O m Z 0 c D r c v v m N 0 N A N W A W 0 O O .P 0 (J7 W rn l~ O 0 0 0 w N O O O O O J v O O m D ;C1 z m 0 0 0 O 0 rn A O 0 J w N O_ O O O O O w O O r m Z m m m R~ C 0 A CJ1 J O O rn .A O 0 0 0 w N O_ O O O 0 0 w 0 O D Z Z m r m Z O z n 0 0 0 ~ ~ ~ O O O CJl j CJl ~ ~ N N N ~ O n 0 ~ ~ ~ ~ ~ N N O o W °~ c ~ O n 7C ~ ~ ~ .~ O Q N ~ ~ <? v ~ O_ ~ ~ O ~ O ~ O ~p W ~ w a ~' o cn ~ r m D r c .D m O m n m C7 ~ ~ O 7~ C1 <D Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ J ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O N N 0 0 0 0 0 0 0 0 0 0 0 0 ~ O O O O ~ ? 0 0 0 0 0 0 0 0 0 0 0 0 V V J ~! 0 O V N N N N N N N N N N N N CO O O O W CO C71 C3 ~ U1 CT1 CJ1 CT CJ1 CT CT CJ1 CT CT CO N N N N o D o 0 ANN-+NN(n-+NNjNN (n J0o rno 0 O -i ~ o W'p W'pW ~ o _ o o moJ o m OCn _ r cn~cn~cn ~ a~ o~ Z ~ ~ i~o:U.~~~ ~~~ :U , C rnO Q O ~ ~ A m in ii, ~ it ~ ~ ~ in in ~ in ~ ~ ~ ~ ~ ~„~ m ~ m iv cn D : er cn ~ cncncnotnoc7cncncnocnoC7 m m 'a cn 0° z OmomO m o p cn D ~~ O v ~~o~~iv inb~~o>i~iv in c~ o v ocNnc°oo cNnconoo ~ cn O oo~bo~oo~ ~ ~ ~ iv O , n . m , m O O O O i Z U O UOi O N N N N N N p N N N N N N p i c U N Z N Z N Z ~ o o~ 0 0 0 0 0 o C o 0 0 0 0 o C o m - o ~ o D o ~ w N o C N o Z ~ ~ ~ _. ~ ~ m .~ ~ ~ ~ ~ ~ m cn cn cn cn cn cn ~ cn cn cn cn cn cn ~ N D o r ~ ~ j cn Sp cn Sp cn fp CD co ~ o ~ ~ ~ O O O ~ cn o m ~ ~ ~ c c c ~ ~ ~ m m ~ ~ X ~ r r r ~ ~ ~ ~ c ~ o n ~ o -i c o ~ --i z z z o ~ o D ~ ~~ ~ ~ °' m ~ ~ cn ~ cn °1 O ~. 0 n n 0 c i ~ O A U1 D C71 N ~ - ~ ~ 1 ~ ~ tD W 00 ~I ~ V l0 CO 0 0 0 00 (p A V (P (T ~I J V J ~~ t0 t0 N ~I 0 0 0 .p 00 O~ ~I v 0 0 0 0 0 0 0 O 000000 O O U1 U1 CT U1 000000 f71 U1 to 0 s N V v -~ 0 J O 00 O 4J O = V 0000 0000000 000000 ~-~ ~ O 0 CT OO ~ o < N S a_0 y O ~ O V A cn n ~ O ~ ~ ~ ~ 3 ~ o ~ o a w cc V < W O < ~ .Op .OP ? S OP A A C 7 N 3 C7 7C ~ ~ COJi ~ W N ~ O fD n O N '~ ~ Q O ~ O Oo 00 OD 00 00 OD 00 00 ~ V w w w w w w w w p -a 0 0 ~ a ~ 0 ~ 0 0 0 0 ~ v+ o o 0 0 0 0 0 ~ y 0 0 0 0 0 0 0 0 < ~ 0 0 0 0 0 0 0 0 ~ cn o ~ o rn ~ -~ w 3 n. ~ ~ o ~ 00 0 ~ o ~ D ~ cn Q° O? ~ ~ Z ~ ~ 0 ~ n ~ ~' D D m o ~ Z cn ~ ~ w -n ~~ ~ z D m ~ °° C7 '_ ~ C7 ~ < r 2 n ~cn W D ~ m n ~ C ~ m ~ D ~ O ~ Z n m O O ~ O ~ ~ n Z ~ D D O ~ z Z m C7 r m ~ A A O ~ N ~ ? ~ ~ O CJi .A ~ A W W N N N O O O w v 0 O N O O ~ O ~ A 71 O 0 0 W A W W N O ~ fD O O `~ 0 o N _ C7 ~. n ~ ~ `~ fD 7 7 -z o ~ Q v O rt a 0 0 0 0 0 0000 0 0 0 00 ~ A ~A N N C70 00 Oo OD 00 W W 00 O O O O O O O O O O O O O O O O ~ O O O O O O O O O -~ 0 0 0 0 -~ ~ 1~ O O O O O -~ O O N N W W CO CO Cn N N N N _ ~ N N N ~ O V V ? _ ~~~ O O N Cr (T O O ~l V Cfl W W W W OD 00 O W W o ~ o~ o~ o m o~ o 0 0 0~ o~ o~ o m o 0 0 v Z ~~~ZC~ ~ ~ O ~~~ Z ~~~ ~ ~ Z ~~ Z ~ o c o io o 0o T o < Z ~ z o~ m ~ ~ = ZO m n 0 n c n i,c i, c -o' in ~ inzia~w ~ ~ ~ ~ ~~~~ Z ~O~ O v ~~ ~ D n o n o ~ 0 ~ z ~ n ~ O ~ O o m n o m 7 b~ Z i, c p c (q b~ m ~ m ~ m ~ ~ ii c c i~ c ~ ~ rn ~ C7 i~ c ii c b~ c7 ~ n rn D c 'o> ~ ~ y o~ o~oCo ~ o p oo~o opop o cri~ ww n N no ~o w ~ ~ n n n o o " N C o ~ ~ cn ~ c (n n C c i~ c c cnc N C c c n o c oc o ~ ~ m ~ ~ D m ~ v ~ ~ ~ m m ~ „ ~' ~ ~ c n ~ ~ o ~ ~ v ~ m ~ z c n n n ~ a ~ ~ ~ ~ ~ m ~ m c n ~ ~ .. .. .. - .. ... .,, .. .. cn .. v m ~ ~ m m -~ ~~ cnw ~ ~-~ rnNw ~ D ~ w -~ -~ co 0o A ~ ~ ~ ~ w o in in to rn m in ~ (O O W N 11 A A ~ A 0 0 0 3 N A ~I O O O W CT V - A lD 00 ~I A ~ ? O O CO (T -~ Ul O CO CO O1 W N O C - . V~ W N l0 CO Gs O O O 0o OD N O 0 0 0 A O A 00 CJ1 O (O O -> W W tD -+ ~~ O A W ~ 0 0 s 0~ V ~ 00 m v cn m ~I ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ 0 ~ ~ 1 U A N O O ~ O W w w w w w O O_ O_ O_ O O O O O O O O O O O O W N O _ D O CO W ~ W ~ O O O ~ m O Q° O Z O G7 r z p ~ - i ~ ~ _ ~ n O ~ ~ ~ ~ O m ~ m z o n ~ n ' ~ m < ~ O ~ n C7 D 2 n ~ O O ~ p O C ~ ~ ~ O O O ~ (T GJl CJ1 CT V C71 ~ N ~ ~ ~ W ~ O CT ~ 0 o O O O O W N _O O O O A W m R~ z n ~ ~ ~ ~ W O ~ O ~ O ~ n ~ ~ ~ O Q fD N w N O w N O w N O p ~ ~ 'a ~ ~ O O O ~ O O O O ~ Oo cOVO ~O ~ ~p ~ G. O D Z ~ z m m ~ n r D ~ C ~ T n _ ~ m N m ~ z n O O O O ~ n Ul ~ CT O (Jl .., O s O O ~ w w ~ rn ~ ~. ~ c ~ CNO N ~ d .~ O n 0 0 O N N 0 0 O ~ A ~ 0 0 0 0 1 0 0 0 0 C Ji O ~ O O O O O O O O O O 1 ~ O O O O O _ Ut O t0 CO (T Ul O (O N O v W W W 00 00 O N CD Cfl CT ~ N N W v O W W ~ O< O< O r O~ O~ O~ O~ O Z O~ O D ~ O m O r ~O O ~ OHO ~ ~ ~ ~ ma = z w < j~ o~ ~~ o~m j ~ ivD wmi..wm ~~o>~ m w~ r ~O ~,cn o ~ o z cn ~ o~ o~ 0 0 0 0 cn ~ cn Z o C ~ ~ ~ 0 ~ o ~ n J V ° O o 0 m c ° D ~ ii c o z i, c o c ii b n pc c i, p a a~ y a D o D ~ z b ~ D ~ < > A~ ~ v .Z7 > y A > z rn z N D N D ~ N N r' r rn Z N 0 CT ~ ~ N n W Nr WC~ or-or- o o o or o~ ~ m ~ ~ c~"~, ~ cC°o ~ cn r cn r cn m ~ m v, ~ m o C ~, m ~ O ~ ~ ~ ~ O O W W a a ~ ~. - i ~ O o o O c n c n < m n O c n ~ -~ _ -< ~ c~ ~ m m p o ~ ~ ~ m ~ c _ ~ D cn cn cn ~ ~ ~ o ~ ' o ' o ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ < < ~ ~ ~ ~ v m w w ~~ w~ D A A 00 00 W W 0 0 O cD W O <71 CT 01 ~ ' W W ~ V ~I O O O O O ' O~ W ~ N N -~ ~ V v ~ fJl (r T O O O O V O V ~I t0 (O O CT1 C 00 0o O O N N O O O c0 00 O N Ul tp (O O OD ~ V ~I O O 0 0 O O O O W ~I 0 0 V ~l O CT , .' O A N 3 ~ N N '+ O O V N N A ~ O ~ _ n ~ ~ 7 ~ o ~ O rt co ~O v m ° m O ? A A ? ? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O W N ~ O CO 00 ~ ~ ~ ~ ~ ~ W W W W W W O O O O O O 0 0 0 0 0 0 ~ O O ~ N O N O oo ~1 0o j ~1 ~I CO CO N O O ~ m D _ ~ n n m n ~ m n = ~ ~ r O n r m ~ ~ m ~ D i m c O ~ z W _ n O ~ c ~ x m ~ ~ y z ~ O ~ ~ c a ~ z = ° ~ m O c m m r ~ D < O ~ a m m c i~ c n c n z ~ W O N ~ C T O O N J O v j ~ ~ ~ O O ~ W O O -~ N w : o o ° v N , o ~ O O ~ ~ N W O O ° 0 W W ~ 0 ~ O ~ O o W O ~ O ~ O ~ C Cf ~ ~ ~ ~ ~ ' A O G. N ~ ~ ~ ~ W N O W N o W N o ~ e~+ ~ '~ ~ N ~ 0 0 0 ~ 0 0 0 ? CO ~ UOl CO i° O 00 o ~ ~ a 0 m D ~ n ~ r O X ~ ~' c ~ ~ ~ m ~ m ~ z z n O ~ v D z ~_ N 0 N W A OWD O ~ ~. 7 c (D d 7 <D ° ° ° ° rn ° rn ~ rn rn c n a o o a rn ° ° ° ° ° ° ° ° ° ° ~ o O o ~ o N o o O O o ~ o N o ~ o N o N W ~ ~ ~ O O A O O O D O JI C Cp O N ~ ° ~ ~ ~ ° _ ~ r ° ° ~ ° v ° m ° z , v ° ° ° m m 0 z ~ fD n s~ o s 0 ~ ~ ~~ 1 ~ m i m i i ~ D ~ ~ O b ~~ ~ ~ ~ m ~ ~ ~ ~ v, cn = ~ ~ O cn s s s cn O cn cn o ~ ~ o ~ cn cn =. in -~ bo ~ ~ O ~ ~ w ~ w ~ ~ pp m i D ~ m : ~ ~ 1~ rnm ~ o m w ~ w~wrwr m A 0 n coD Ac A ~ N ~ ~ o cnm m b rnT o G7 ~ D cnmv,OcnO ~ z ~ o ~ wn o~ o c7 cn 3 ~ ~ m ~ ~ ~ ~ a~ = b~ c b~ 0~ D n m o n loco o ~ oN omomom oD oW on o o~ c nZ i o~ cn~cn~cn~ r om v, G i om cn cn 7 ~ C7 . (n ~ C ~ ,~ m m ~ m D ~ ~ O m O N ~ ~ D ~ r ff ~ r r ~ ~ ~ c O „o ' G o ( ig c n D ~ v ~ _ ~ ~ a- ~ m n a~ 0 0 N N V ~I D ~ ~ W W A ~ ~ N t0 Cfl <71 Ul W W ~ ~ O O W N N O N O (T ~~ Q1 O t7f CJI N N ~~ W O O 00 OD f71 (O O O W W N N W W 00 00 N U7 ~ O O~O V J 0 0 O O O O O O A~A N N Ut (T O O O O O O O O O ~O (O t0 CO O O W W A A ~ o < N ? ~ N O ~ O V I N A D 3 O ~ ~ ~ ? 3 ~ o ~ o a .D d m O J; N (D O ~_ N O w N O O O _O W N O :U m O T r m X D m m n m z n N v O OD W O ~_ (O w N O O O O cJl J v ,fJ Z Z m ~_ O D O z O O cJl CT1 O v W O A 1 W w N O_ O O _O W W c Z O Z m N D D rn N O O O v O w N O_ O O O O N W O O O O O O v V V ~ V N 00 A V O A O W w N O_ O O O _O A T] Z C7 O O W N O W w N O_ O O O O A O O m n D m C7 m O z rn N A J A N O O o W O 7 ~ p C c7 ~ j 3 n A W ~ O O. ~D w w v ~ N N rt ~ O O ~p ~ O O ~ ~ O 3 C. A V O O O m ~ ~ o O O o ~ D ~ z v m y ~ ~ m ~ ~ W ~ c m cn ? m z cn n ~ O j ~ < N ~ O C7 O 7 7~ m Q con ooo 00o aoo a0o rn co ~ O o °o °o °o °o °o o °o ~* O O ~ -~ N O W O) ? .J~ A A Ut Oo ~ VO O O O O V W o~ ~ Z o o ~ o m o m o m o m ~ m o 0 o m ~~ ~ :Ay ~,.~cn ~~~ ~C~c~c~C ~O ~~~m ~cn o ~ cn ~ cncn ~ oAO~o~o ~ ~ T o0o z o D -a m w D ~~ Z ~~ ~~ ~~ ~~ a~ o j ~ ~ w z Cn O O A O A O ~ N A ~ O C7 O cn z o ~ cncn off. Ooh. ~ ~ o00 2 cn = ~ ~ m ~ ~ ~ C7 b~ rn ~ rn w o~ a> b~ ~ b~ m V O N O 00 ~ NmNCNmN C N m cncncn m V N n ~~ o z oo m o~oDo~o D o cn o0o z N~ ~ n G~;p-~G~ ~7 N NNN W = O o m cn ocn p cnncnpcnncn p cn O o00 ~ cn C ~ m ~ ,mi ~ m cn ~ o ~ rn D o ~ ~ ~ < z ~ m ~* pp O C7 Cn ~ ~ -1 -I X -i -Di ~ Z T -I T O O -~ -I -~ C~ s ~ m ~ ~ D = ~ ~ ~ ~ ~ m fTl .. "" ? .. D .n D r .. T .. .. _ .. O N ~ O O t7f CJ1 D O CT C71 Ch N N W~ 1 O O N~ O O 3 O O O O Cn Cn A Cn (O ~ Cn Cn A CO ~ W O O O) O W W O O O N' V CO 0o W N N O1 N Ul Oo O O W ~ O GD 00 0 0 0 ~ W -~ OD ~I 01 O W 00 O? O O O~ O 00 00 O O O W 00 A v A Oo 0o A 0 000 0 0 O .~~- O < ~ ~ N ~ 0_0 H O ~ O V A n n ~ ~ ~ _ ~G 3 ~ ~ o ~ O rt C. O1 (G fD m iu m N O) A N J Oo w N 0 0 0 0 0 v O n D r C z O m Z D r (A A N O 00 w N 0 0 0 0 rn 0 CT V D Z D Z D ~7 Z D j ~ 1 N -~ N 0 o ° ° c n ~ 0D w w O W W O Cp C T O N N A C O O O O ~ ~ 1 O A ~ ~ . A ~ N N W C 7i A ~ ~ ~ w w w N N N 0 0 0 0 0 0 o ° rn A o ao o V N V O ~ CT CA Cn (n .'L7 D ~ O m c n ~ ~ 2 C G7 m v c C7 r N ~ ~ O ~ ~ D Z D C7 COT COO CNT O N A O ~ V (b o m A ? A C 3 ~ _ ~ f1 7C' N N N 3 n N '_' O i C) a m ~ ~ ~ ~ w w w p -a N N N ~ 0 0 0 ~ ~ 0 0 0 ~' 0 0 0 0 0 0 ~ n w 3 rn c ~' tT O N ~ N O O) .Z7 T] D O o 0 Z C7 N ~ rn ~ ~ ~ c m C7 o ~ m r O m z x :(1 D m m n m N CT ~ ~ 3 o C` ~ ~ Z N O) (T C7 A O (A V C D _ O n O ~_ ~~ a ~ ~ ~ OW W N ~ COO 000 000 ~ O O O O O O O O O O ~ N ~ N O O ~ N O ~ ~ ~ O ~ N N O .A ~I CT CT ~ ~ ~ ONO ~ O O v ~ W O 000 co°nZCN°TZco°T Z °m0 m ° ~ co°n ~ ° m rn ~ °~° ~ ~ ~T~~~ ~ ~~~ ~ ~ G7 ~ X ~ C ~ D ~~~ O ~ cAii ~cAn ~cAi, ~ v, W cn 00 0 ~ c~T C7 o Z o ~ o ~ o m a O ~ .rt cAT~~~cAT ~ oho ~ ~ Z ~ C w ~ rnp oho ~ o o h o o~ cn Z cn Z o o v N C cT ~ cn m cT m ~ ~m~~a~ m ~-Ib~ ~ rn cn rn C cNn ~ ~ ~~a~ y NzNmN z cnmcT m cT D cn z ~= NmN ~ n o-IOZo -I o;no ~ o T o 0 ~ N O oho D ~ cn ~ cn D cn ~ ~ Cn ci, cn o m o cn ~ o m cn ~ cn ~ c m v ~ z n O D m z ~ ~ n ~ z z ~ ~ ~ ~ ~ ~ O ~ O 0 0 0 0 0 0 ~ o rn o ~ o ~ ~ O (A N ~ O D O~ W N N W W ~~ O O O W O) O O N N N O O A V V V V A? O O N V ? O C ,C7) O V W ~ W N ~ W W ~ CO O O O 0 0- W W ~ O O C to O 00 O w O CT -~ ~ V V O O O O A 00 O O W O A O O 00 O Cn O O W O O O O W W O O ~ o ~ n N ~ 0_0 y O ~ 0 V A A D 3 M = n ~ S 7 ~ o ~ o a co N v m W rn A W W w N 0 0 0 0 0 ao 00 J~ C r r r r m .Z] n O z A n z G7 n O rn A W 0 w N 0 0 0 0 0 0 ao m --I D -O r m 0 T_ C7 m D m O C m rn A N W W N 0 0 0 0 0 w N "O D r m _' c ~° ~ c ~ n 7r ~ ~ ~ O O. <p aD ~ w v ~ N ~ ~ ~ ~ ~ 0 rn m rn 3 a ~ o C7 D r c z_ T 0 :0 N N N ~ ~ ~ O O O --• ~I J O) Cb Cb W Cb Cb ao 00 ~1 ~1 V O CO V ~1 V ~I V J CJ1 ~ --~ O 00 CT O W W W W W W W O O O ~ (b CO -~ N N ~ N ~ ~ W W W W W W A O O N O J O) ~ W CT la V O O O O ~ A Cb O O O A O O O O O O N O O ~ O O O C O D O C T N N CO W O A N C O O ? N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O A ? .P A A A A A A A A O O W ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N O O O O 0 0 O O O 0 0 N N O N CT CT W N N N N N N N N W W W W ~ A W W O V ~I ~~I V V V V V O O O O V CD -~ ~ N W W W W W W W W N N V ~I CT ~l DoDoD o~o~o~o~oo~ooo~oo~ o~o~o~ oc CA ~ Cn Cn ~ ~,'U '7l ~ T TI ~ T ~ ~ ~ ~ ~ ~ T ~ ~ ~ '~1 TI,TI ,TI ~ ~ ~ ~ ~ .~ ~ ~ ~ D ~ Z j ~ ~~~? ~ ~~? ~~ ? ~z~Z~ ~ T Db~yo~ D inC~inn'v,C~innininninininninin n ~T.~T.~ ~ ~ O rvr~ r omomomomoomooomoo m cnZcnZCn r cn ~ ~ m -I co -~ ~o~o ~ in ~ in ~ iT ~ iT ~ in iT ~ in o~ in ~ in o~ ~ c°nCc°nCOC~CO_oCO_o~oC~~o C ~ ~ ~ ~ ~ m o o c°T ~ ~ ~ cn w ' ~ ~ D p~D~ D -~ CT -~ CT ---I o~~o~~o~~b~~o~rn~a~o~rn~o~rn v CT CT tT CT CT CT cT (T tT cT CT o~ b~ b~ cn A D .A D N ~ m N Z7 ~m~o~ro ~ o o omo~io~o~ioo~rooo~oo m n n o a ~ ~ o u o n n cWOmmm° ~ ° < n D D D c ~ c c n , c T c c T ~ c m ~ cO ~ cT ~ c m r r r ~ O O ~ ~ ~ ~ ~ m ~ _ _ ~ m m ~ '~ D D C7 ~ z Z ~ _ _ Z Z .. .. m m .. 7 O n ID c .. w ~ ^' y W N N~ O v N O W C T CT (A CT D W O V N N ~1 ~I p O W A W ? Oo 00 A O W O N W A O J O W (b W O N ~I ~ j CT (T (.J W d1 A A - CO O (b O N N tD (O C ~ O N N~ J (b ~I CT N (A ~ J O CO V ~1 O O O O , . o < N 3 ~ N O ~ O V A A A 3 n ~ ~ O C ~G 3 7 ~ o ~ D ,y.~ Q cc <D W A W N w N O_ O 0 0 N O W O D O m m C7 m c -n r 1 O W Cf 7C ~ N ~ .~ O G. W N O_ O 0 0 0 W W C r r r m n O Z --I 17 D n -i Z G7 (~ O O O O O O O N N N N N N N N N N N O O O O O O V V V V V V V V V V V (7 CT Ul Ui U7 C71 CT CT A ~ J~ la ~ ~ ~ A W N O 0o Oo 00 OD V V CO CO CO (p V O CT O (O W ~ O U7 ~ ~ .p ~ ~ ~ ~ ~ a A O CT O O ~ . - . 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O .. .. .. .. .. .. ~ Z-7 ~_ ~ ~ O CNO UWi W N ti V D V ~ O ONO ~~ N N ~~ O O d7 W W N N ? N N O N O -~ W V O O <i1 ~ O O O W W O DD W~ -~ ~ O CT O -~ ~I W V V <D ~l N W W ~~ N N C) 00 00 O O O -~ U1 O) -~ ~ V W A O) O) O O N N O O O ,3-- o < N 3 ~ N N '+ O O O W N C77 V ~ ~ C ~ O C M ~ ~r z ~~ ?o r J O M ~ Q. .0 as (C '0 N fD N ° W ~ ~ ~ c 3 N _ n ~ ~ y ~ ~ ~ N ~ O ~ O O O .. < < 0 0 ~ v o c c w p a w n C1 ~N N ~ N ~ S f D f D ~ fD ~ V O ~ ~ 3 -~, O p < O W ? ~ 7 ~ 3 v O fD ~ W ~ ~ n O O ~ O- O O .. O O ~ V "a W 6 N C 7 ~ D z 3 O ~ ~ `~ O ~ ~ n o ? ~ ~ ~' ~ ~ -~ ~ ~ r ° °~ o N a ''* v 0 v co y C'1 _~ ~ O 7 D n 0 c ~ 3 O `~ W < flt O 3 C ~ n O O ~ N hi N f0 V V V A A N D ~ ~ °° 3 _ ~71 _ X71 N O O O O ~T ~ V V O . N ,~ ~ R ~.,,,\~:,~~a;!;~ AGENDA STAFF REPORT ~.\\ f~~~..... DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council ~~ APPROVED BY: Roger L. Haley, City Manager ~~ `~ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works/City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Project Acceptance Otis Street Improvement Project (from Imperial Highway to Abbott Road) Project No. 4011.67.873 Federal Project No. 07-LA-0-LYN-ESPL 5250 (015) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE OTIS STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.873, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (015), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". Background: On October 20, 2009, the City Council awarded a contract to All American Asphalt, Inc. in the amount of $253,052.05 for the Otis Street Improvement Project (from Imperial Highway to Abbott Road). All construction work on the project is complete. The final construction cost for this project is $271,537.10 and was funded through the federal American Recovery and Reinvestment Act (ARRA) funds. The project is now ready for acceptance by the City Council. Discussion & Analysis: The project started on January 19, 2010 and was completed on February 24, 2010. Public Works staff conducted the final inspection on February 26, 2010, and found that all work is complete in accordance with the project plans and specifications. AGEN®A ITEM Fiscal Impact: The final total construction cost is $271,537.10 and is distributed as follows: • Original construction contract cost $253,052.05 • Contract Change Order No.1: For the reconciliation of final bid item quantities] Additional Cold-Milling of Street $ 1,842.15 Additional Asphalt Concrete (A.C.) Overlay $ 4,780.95 Removal & Reconstruction of Concrete Sidewalk $ 863.65 Removal & Reconstruction of Concrete Curb & Gutter $ 4,589.15 Removal & Reconstruction of Concrete Driveway Approach $ 6,409.15 Total Cost for Contract Change Order No. 1: $ 18, 485.05 (previously approved by the City Manager as per authority; L.M.C. section 6-3.15) • Final construction cost $271,537.10 Funds were adequately budgeted in the fiscal year (FY) 2009-2010, Capital Improvement Program (CIP) budget and through the federal American Recovery and Reinvestment Act (ARRA) funds to cover the project construction costs. Coordinated With: City Attorney's Office Finance Department City Clerk's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE OTIS STREET IMPROVEMENT PROJECT, PROJECT NO. 4011.67.873, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (015), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION WHEREAS, on October 20, 2009, the City Council awarded construction contract of the Otis Street Improvement Project (from Imperial Highway to Abbott Road), Project No. 4011.67.873, Federal Project No. 07-LA-0-LYN-ESPL 5250 (015), to All American Asphalt, Inc. in the amount of $253,052.05; and WHEREAS, the project started on January 19, 2010 and was completed on February 24, 2010. WHEREAS, the project is funded through the federal American Recovery and Reinvestment Act (ARRA) funds; and WHEREAS, the final construction cost is $271,537.10; and WHEREAS, Public Works staff conducted the final inspection on February 26, 2010 and found that all work is complete in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the Otis Street Improvement Project (from Imperial Highway to Abbott Road), Project No. 4011.67.873, Federal Project No. 07-LA-0-LYN-ESPL 5250 (015), as complete in accordance with contract documents; and authorizes the City Engineer to process the recordation of the Notice of Completion. Section 2. This Resolution shall go into effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 20 ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20 City Clerk, City of Lynwood s ~~~ J ~~, `,' ~~~ ~~ AGENDA STAFF REPORT ~~, DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager ~'~ r~,~~~~ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Engineering Design Contract Award Evaluation of the Existing and the Design of a New SCADA System for the Water Infrastructure System Project No. 4011.67.897 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CSD ENGINEERING, INC. dba CANNON IN THE AMOUNT NOT-TO- EXCEED $87,610 FOR THE DESIGN OF THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM FOR THE CITY WATER INFRASTRUCTURE SYSTEM, PROJECT NO. 4011.67.897, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". Background: The City of Lynwood's Water Division currently utilizes a 1993 vintage Supervisory Control and Data Acquisition (SCADA) system to assist Public Works' staff in operating and managing the various facilities of the City's water infrastructure system. Given its age and current wear, the system is in need of a major upgrade and should be replaced. The new SCADA will allow staff to monitor and control the operation of the City's water system 24/7 on-site or remotely. This improved ability to monitor the system will increase the operational efficiency by maximizing the use of ground water and minimizing the need for imported MWD water, which is more costly. On April 26, 2010, Public Works staff issued a Request for Proposals (RFP's) from professional engineering design firms for the evaluation of the existing system and subsequent new design of a new SCADA system for the City of Lynwood's water infrastructure system. AGENDA The consultant work will include the evaluation of the present inter-facility hard-wire (i. ., ITE11~ telephone wire) communication system, report preparation, and preparation of a Mast r Plan for a new SCADA system (Part "A") and engineering design of a new SCADA system with plans and specifications for the City to advertise for construction bids (Part "B' )~ Public Works staff advertised the project with the Integrated Marketing System and the Lynwood Press Wave for the preparation of plans, specifications and related contract documents for the evaluation and design of the SCADA system for the City of Lynwood's water infrastructure system. If in the event that Public Works staff is satisfied with the selected design firm's performance, the City will then negotiate for. bidding assistance and construction management for the construction (Parts "C" and "D") and development of the new SCADA system. RFP's were distributed to thirty-five professional engineering design firms that specialize in SCADA technology. Discussion & Analysis: At the mandatory information meeting on May 6, 2010, the project scope and the responsibilities of the selected engineering design consultant were discussed, twelve firms were in attendance. Public Works staff received six proposals from engineering design firms in response to the RFP on May 27, 2010. These design firms are listed alphabetically as follows: Consultant Fee Arden & Associates $ 83,400 Sacramento, CA Newport Beach, CA CSD Engineering, Inc. dba Cannon $ 87,610 Santa Monica, CA DLT & V Systems Engineering $ 85,000 Irvine, CA Malcolm Pirnie $ 99,748 Irvine, CA Tetra Tech $ 82,112 Irvine, CA WorleyParsons $360,350 Long Beach, CA 2 Public Works staff then determined that the engineering design firms of CSD Engineering, Inc. dba Cannon; Tetra Tech; and WorleyParsons were rated the top three design firms based on their written proposals, exclusive of their proposed fees. These three firms were interviewed on July 15, 2010 by Public Works staff, and on the basis of its proposal, review of references, and interviews, CSD Engineering, Inc. dba Cannon was determined to be the most qualified to undertake this project in delivering the design, technical specifications, and contract documents for a fee of not-to-exceed $87,610. Fiscal Impact: The project is funded by the Water Fund, account no. 4011.67.897, which has adequate funds to cover the evaluation and engineering design work. Once the design is completed staff will prepare a bid package for the final equipment supply and installation phase which is budgeted at approximately $300,000. Coordinated With: City Attorney's Office City Clerk's Office City Manager's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CSD ENGINEERING, INC. dba CANNON IN THE AMOUNT NOT- TO-EXCEED $87,610 FOR THE DESIGN OF THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM FOR THE CITY WATER INFRASTRUCTURE SYSTEM, PROJECT NO. 4011.67.897, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the evaluation and design of the SCADA system for the City of Lynwood's water infrastructure system is listed in the Capital Improvement Program for fiscal year (FY) 2009-2010; and WHEREAS, on April 26, 2010, Public Works staff solicited proposals for the evaluation and new design of the existing Supervisory Control and Data Acquisition (SCADA) system for the City of Lynwood's water infrastructure system; and WHEREAS, Public Works staff distributed the request for proposals (RFP's) for the design and preparation of design, technical specifications, and contract documents for this project to thirty-five engineering design firms; and WHEREAS, Public Works staff advertised the project with the Integrated Marketing System and the Lynwood Press Wave; and WHEREAS, six proposals were received at the Office of the City Clerk on May 27, 2010; and WHEREAS, Public Works staff has determined that CSD Engineering, Inc. dba Cannon possesses the best .qualifications and expertise to prepare the Project Evaluation, Report, Master Plan, Design and Contract Documents of the SCADA system for the City of Lynwood's water infrastructure system at a fee not-to-exceed $87,610; 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 Council of the City of Lynwood awards a consulting services contract to CSD Engineering, Inc. dba Cannon in the not-to-exceed amount of $87,610 for the evaluation and design of the SCADA system for the City of Lynwood's water infrastructure system. Section 2. That the Mayor is authorized to execute the Agreement between the City of Lynwood and CSD Engineering, Inc. dba Cannon in a form, approved by the City Attorney. Section 3. That this resolution shall take effect immediately upon its adoption. 4 Section 4. That the City Clerk shall certify as to the adoption of this City Council resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer s STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 20 ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20 City Clerk, City of Lynwood 6 l~\ ~;,~{.~~~~);; AGENDA STAFF REPORT ;;, DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager ~~ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Paul Nguyen, P.E., Capital Improvement Program Manager SUBJECT: Project Acceptance Atlantic Avenue Improvement Project (from McMillan Street to Fernwood Avenue) Project No. 4011.67.874 Federal Project No. 07-LA-0-LYN-ESPL 5250 (013) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE ATLANTIC AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.874, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (013), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION". Background: On January 5, 2010, the City Council awarded a contract to All American Asphalt, Inc. in the amount of $364,697.50 for the Atlantic Avenue Improvement Project (from McMillan Street to Fernwood Avenue). All construction work on the project is complete. The final construction cost for this project is $400,624.32 and was funded through the federal American Recovery and Reinvestment Act (ARRA) funds. The project is now ready for acceptance by the City Council. Discussion & Analysis: The project started on March 29, 2010 and was completed on April 30, 2010. Public Works staff conducted the final inspection on April 30, 2010, and found that all work is complete in accordance with the project plans and specifications. ITEM Fiscal Impact: The final total construction cost is $400,624.32 and is distributed as follows: • Original construction contract cost $364,697.50 • Contract Change Order No.1: (For the reconciliation of final bid item quantities] Additional Asphalt Concrete (A.C.) Grinding $ 10,034.40 Additional Asphalt Concrete (A.C.) Overlay $ 6,440.97 Removal & Reconstruction of Concrete Sidewalk $ 3,815.45 Removal & Reconstruction of Concrete Curb & Gutter $ 6,510.00 Removal & Reconstruction of Concrete Curb Ramps $ 9,126.00 Total Cost for Contract Change Order No. 1: $ 35, 926.82 (previously approved by the City Manager as per authority; L.M.C. section 6-3.15) • Final construction cost $400,624.32 Funds were adequately budgeted in the fiscal year (FY) 2009-2010, Capital Improvement Program (CIP) budget and through the federal American Recovery and Reinvestment Act (ARRA) funds to cover the project construction costs. Coordinated With: City Attorney's Office Finance Department City Clerk's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE ATLANTIC AVENUE IMPROVEMENT PROJECT, PROJECT NO. 4011.67.874, FEDERAL PROJECT NO. 07-LA-0-LYN-ESPL 5250 (013), AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION WHEREAS, on January 5, 2010, the City Council awarded construction contract of the Atlantic Avenue Improvement Project (from McMillan Street to Fernwood Avenue), Project No. 4011.67.874, Federal Project No. 07-LA-0-LYN-ESPL 5250 (013), to All American Asphalt, Inc. in the amount of $364,697.50; and WHEREAS, the project started on March 29, 2010 and was completed on April 30, 2010. WHEREAS, the project is funded through the federal American Recovery and Reinvestment Act (ARRA) funds; and WHEREAS, the final construction cost is $400,624.32; and WHEREAS, Public Works staff conducted the final inspection on April 30, 2010 and found that all work is complete in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the Atlantic Avenue Improvement Project (from McMillan Street to Fernwood Avenue), Project No. 4011.67.874, Federal Project No. 07-LA-0-LYN-ESPL 5250 (013), as complete in accordance with contract documents; and authorizes the City Engineer to process the recordation of the Notice of Completion. Section 2. This Resolution shall go into effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. 3 Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 20 ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of . 20 City Clerk, City of Lynwood 5 ~-~`~- - ,_.. `~, ~~~`~~ ~ - ~ AGENDA ST ~, AFF REPORT . ,.\, :-. DATE: August 3, 2010 TO: Honorable Mayor and Member,,s(of the City Council APPROVED BY: Roger L. Haley, City Manager ~` j PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Wor s r i y Engineer Albert Espinoza, Administrative Analyst III SUBJECT: Award Asphalt Purchase Order (Cold Patch) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO CRAFCO INC. IN THE AMOUNT NOT- TO-EXCEED $17,952 FOR THE PURCHASE OF ASPHALT MATERIALS (QPR/HP OR EQUIVALENT) FOR FISCAL YEAR 2010-2011." Background: Staff recently requested price quotations from asphalt companies for the purpose of obtaining competitive price discounts for purchasing asphalt "up front" for fiscal year 2010-2011. The intent is that companies generally provide considerable price discounts if the City orders and purchases asphalt in large quantities. The asphalt (QPR/HP or equivalent) is typically used to repair street pot holes City wide. Discussion 8~ Analysis: On July 21, 2010 the City received asphalt quotations from three companies. Based on the quotations received and after a careful review of the price quotes, quality materials, reputation, and other costs, staff recommends that the Council authorize staff to issue a purchase order to Crafco Inc., to purchase approximately 96 tons of (QPR/HP or equivalent) asphalt for fiscal year 2010-2011. There is no increase/decrease in unit price from the last fiscal year. ITEM P Fiscal Impact: Funds have been adequately budgeted for fiscal year 2010-2011 in account number 2051.45.410.65020. Coordinated With: City Attorney's Office City Manager's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO CRAFCO INC. IN THE AMOUNT NOT-TO-EXCEED $17,952 FOR THE PURCHASE OF ASPHALT MATERIALS (QPR/HP OR EQUIVALENT) FOR FISCAL YEAR 2010-2011 WHEREAS, on July 21, 2010 the City received asphalt quotations from three companies; and WHEREAS, the intent of the request for quotation is to receive considerable price reductions based on bulk purchasing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorize staff to issue a purchase order to Crafco Inc. to purchase approximately 96 tons of asphalt in the amount-not-to exceed $17,952 for fiscal year 2010-2011. Section 2. That this Resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. Maria T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duty adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of City Clerk, City of Lynwood 4 ,''; ~ a ,~~ ~ ~~~ \a 1`~ r '\ ~;`~ `~` +~~~~~~ -~% AGENDA STAFF REPORT /~- - DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager ~ _ PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineer Albert Espinoza, Administrative Analyst III SUBJECT: Award Asphalt Purchase Order (Hot Mix) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO SULLY MILLER/BLUE DIAMOND IN THE AMOUNT NOT-TO-EXCEED $13,814 FOR THE PURCHASE OF ASPHALT MATERIALS (C-1 '/ PG-64-10 OR EQUIVALENT) FOR FISCAL YEAR 2010-2011." Background: Staff recently requested price quotations from asphalt companies for the purpose of obtaining price discounts for purchasing asphalt "up front" for fiscal year 2010-2011. The intent is that companies generally provide considerable price discounts if the City orders and purchases asphalt in large quantities. The asphalt (C-1 '/ PG-64-10 or equivalent) is typically used to make the necessary repair of streets ranging in size from as little as 16 square feet up to 50 square feet. Discussion & Analysis: On July 21, 2010 the City received asphalt quotations from three companies. Based on the quotations received and after a careful review of the price quotes, quality materials, reputation, and other costs, staff recommends that the Council authorize staff to issue a purchase order to Sully Miller/Blue Diamond to purchase approximately 200 tons of (C-1 '/2 PG-64-10 or equivalent) asphalt for fiscal year 2010-2011. The City is projected to save approximately $10,000 this year fiscal year from the previous fiscal year if the City decides to issue a purchase order. rr~nn e~ Fiscal Impact: Funds have been adequately budgeted for fiscal year 2010-2011 in account number 2051.45.410.65020. Coordinated With: City Attorney's Office City Manager's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE A PURCHASE ORDER TO SULLY MILLER/BLUE DIAMOND IN THE AMOUNT NOT-TO-EXCEED $13,814 FOR THE PURCHASE OF ASPHALT MATERIALS (C-1 '/Z PG-64-10 OR EQUIVALENT) FOR FISCAL YEAR 2010-2011 WHEREAS, on July 21, 2010 the City received asphalt quotations from three companies; and WHEREAS, the intent of the request for quotation is to receive considerable price reductions based on bulk purchasing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorize staff to issue a purchase order to Sully Miller/Blue Diamond to purchase approximately 200 tons of asphalt in the amount- not-to exceed $13,814 for fiscal year 2010-2011. Section 2. That this Resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3`d day of August, 2010. Maria T. Santillan Mayor ATTEST: Maria Quin6nez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer 3 . ~~~ ~ ~ AGENDA ST (,~ ~4 AFF REPORT DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager's ~~ PREPARED BY: Salvador Alatorre, City Treasurer Sheila Harding, Deputy City Treasure SUBJECT: Treasurer's Quarterly Investment Report Recommendation: The City Treasurer respectfully recommends that the City of Lynwood receive and file the attached Quarterly Investment Report for the quarter ending June 30, 2010. 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. Restriction on the use of certain investment instruments. The attached Treasurer's Report has been prepared to provide the following information: 1. Types of investments (including principal, market value rates, and maturity dates). 2. List of various bank accounts with banking institutions. A(;ElyD,q ITEM 3. Statement informing each Agency (City, LRA and LPFA) that they are expected to have sufficient liquid funds to meet their pooled expenditure requirements for the next three (3) to six (6) months. 4. Statement informing the City of Lynwood that the investment portfolio conforms to the adopted investment policy. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: Bond information provided by the Finance Department. CITY TREASURER'S QUARTERLY INVESTMENT REPORT ENDING JUNE 30, 2010 Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 SUMMARY INVESTMENTS AVERAGE BOOK PERCENTAGE (%) DAYS TO VALUE PORTFOLIO MATURITY MANAGED POOL INVESTMENT $ 25,498,997.99 69.29 N/A CERTIFICATE OF DEPOSIT/PASSBOOK/ MONEY MARKET/CUSTODY HOLDINGS $ 11,303,457.63 30.71 N/A TOTAL INVESTMENTS AND AVERAGES $ 36,802,455.62 TOTAL INVESTMENTS $ 36,802,455.62 100% I certify that this report accurately reflects all pooled investment policy statements SALVADOR ALATORRE adopted by the City Council on August 15, 1995. A copy of this policy is available CITY TREASURER at the office of the City Clerk. The Investment Program herein shown provides sufficient cash flow liquidy to meet 3 to 6 months estimated expenditures. Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT ENDING JUNE 30, 2010 CERTIFICATE OF DEPOSITS, BOND FUNDS & MONEY MARKET ACCOUNTS INVESTMENT CURRENT MATURITY STATED INTEREST ISSUER BALANCE DATE RATE RECEIVED US Bank $81,309.32 15-Mar-10 N/A $921.65 CD US Bank $0.00 N/A 0.04% $0.00 BOND FUNDS ACCOUNT CLOSED MONEY MARKET $6,411,326.13 N/A 0.05% $807.94 HUD SECTION/108 BANK OF AMERICA $157,787.19 8-Jun-10 0.3% N/A CD-LRA TOTAL $6,650,422.64 $1,729.59 PASSBOOK CHECKING ENDING JUNE 30, 2010 CURRENT ADDITIONAL ACCOUNTS BALANCE LRA - US BANK 949,038.00 LRA - BANCO POPULAR 186,311.69 CITY -GENERAL 1,161,811.04 2,297,160.73 Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 FACE STATED VARIOUS ACCOUNTS VALUE RATE INTEREST MUNICIPAL INVESTOR ACCOUNTS US BANK 48,996.20 0.04% 6.16 CITY -PASSBOOKS US BANK 952.70 0.04% 3.89 CITY - HCDA US BANK 169,936.79 0.05% 21.40 CITY - LYNWOOD TTEES HUD 1990 US BNK , CITY -RECOVERY ACT JAG GRANT 298,854.82 0.04% 29.88 US BANK 2,789.47 0.04% 0.34 LYN. TR. CENTER UNF. WORKERS ACC. US BANK 434,463.78 53.53 LRA ALAMDA HOUSING US BANK 1,198,419.24 295.87 LRA AREA A HOUSING US BANK 70,241.11 0.04% 8.73 LRA ALAMEDA TAX INC BUSINESS CHECKING ACCOUNT CITY - US BANK HOME PROGRAM BUSINESS MONEY MARKET CITY - US BANK SENIOR BLDG FUND TOTAL 128,473.65 2,746.50 0.04% 2, 355, 874.26 *Funds transferred to Area A and Alameda accounts 15.99 0.34 436.13 Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 CURRENT STATED DATE AMOUNT ISSUER INVESTMENT BALANCE RATE RECD RECD State of California LAIF-CITY $23,732,940.64. 0.50% 4/15/2010 $28,809.35 State of California LAIF - LRA $1,766,057.35 0.50% 4/15/2010 $2,040.94 TOTAL $25,498,997.99 $30,850.29 Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money Investment Account (PIMA). The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers. See chart below. The State Treasurer invests money safely, manage cash flow and enhance financial security. The interest earned is distributed quarterly. Pooled Money Investment Account Portfolio Composition 69.4 Billion 6/30/2010 Treasuries 0.94% Mortgages 12 ~si Agencies . 11 48/ CDs/BNS . 0 Time Deposits 5.97% Now Accounts o.oo% 11 ~s i Commercial Paper . 0.18% Corporate Bonds Loans 10' 79 ~% 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 0.4 0.45 0.5 Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 INVESTMENT PORTFOLIO DETAILS SUMMARY INVESTMENT ISSUER BOOK VALUE FACE VALUE MARKET VALUE STATED RATE MANAGE POOL INVESTMENTS LAIF CITY 23,732,940.64 $23,732,940.64 $23,732,940.64 3.18% LAIF LRA 1,766,057.35 $1,766,057.35 $1,766,057.35 3.18% TOTAL 25,498,997.99 $25,498,997.99 $25,498,997.99 BALANCES CERTIFICATE OF DEPOSIT 81,309.32 $81,309.32 $81,309.32 CERTIFICATE OF DEPOSIT 0.00 $0.00 $0.00 PASSBOOK/CHECKING 2,297,160.73 $2,297,160.73 $2,297,160.73 BOND FUNDS 0.00 $0.00 $0.00 MONEY MARKET 2,355,874.26 $2,355,874.26 $2,355,874.26 MONEY MARKET 6,411,326.13 $6,411,326.13 $6,411,326.13 HUD SECTION/108 BANK OF AMERICA 157,787.19 $157,787.19 157,787.19 CD-LRA TOTAL 11,303,457.63 $11,303,457.63 $11,303,457.63 Treasurers report June 2010 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 PORTFOLIO SUMMARY Currently short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity, and yield. The City has other investments at US Bank and Bank of America. The following table demonstrates the monthly activity of cash and investment for previous quarters. 2Q 2010 1 Q 2010 4Q 2009 3Q 2009 April -June January -March October -December July -September MANAGE POOL INVESTMENTS LAIF CITY 23,732,940.64 21,804,131.29 18,773,566.01 21,224,486.79 LAIF LRA 1,766,057.35 1,764,016.41 603,685.29 346,000.00 As per Treasurer's Report 25,498,997.99 23,568,147.70 19,377,251.30 21,570,486.79 OTHER RECEIVED INTEREST CD/PASSBOOK/MONEY MARKET CUSTODY HOLDINGS 11,303,457.63 9,402,808.22 10,717,853.47 11,050,454.92 As per Treasurer's Reports 36,802,455.62 32,970,955.92 30,095,104.77 32,620,941.71 CITY OF LYNWOOD QUARTERLY REPORT ENDING JUNE 30, 2010 TRUSTEE ACCOUNTS PURCHASE PAR MARKET DATE VALUE VALUE Lynwood Public Financing Authority Tax Allocation Bonds, Series 1999, Alameda U S Bank Coporate Trust Services Lynwood Public Financing Authority Lease Revenue Funding Bonds 2003 A US Bank Coporate Trust Services Lynwood Public Financing Authority Tax Allocation Bonds, Series 1999,Series A U S Bank Corporate Trust Services Lynwood Public Financing Authority Tax Allocation Bonds, Series B U S Bank Corporate Trust Services Lynwood Public Financing Authority Lease Revenue Bonds, Series 1999 US Bank Corporate Trust Services Lynwood Utility Authority Series 03 COI ACCOUNT BNY Trust Company Lynwood Utility Authority Enterprise Refunding Revenue Bond, 2008 Series A BNY Trust Company Lynwood Untility Authority Enterprise Revenue Bond 2009 Series A BNY Trust Company Oct-99 $1,310,000.00 107,955.00 Aug-03 $8,630,000.00 2,123,593.93 Oct-99 $10,235,000.00 773,401.62 Oct-99 $3,425,000.00 257,603.38 Oct-99 $3,760,000.00 1,673,447.98 Nov-03 $6,930,000.00 19,096.22 May-09 $9,755,000.00 8,666,784.61 Nov-08 $5,732,000.00 0.00 Treasurers report June 2010 ~~~~~ `~~~ ~~ ~ ~~ AGENDA STAFF REPORT ` ~ ,^ ~. ~_J DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager`V~ PREPARED BY: G. Daniel Ojeda, P.E., Dir. of Public Works/City Engineer Josef Kekula, Civil Engineering Associate SUBJECT: Used Oil Payment Program Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPLICATION TO THE USED OIL PAYMENT PROGRAM UNDER THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICATIONS AND AGREEMENTS FOR THIS PROGRAM ". Background: The City submitted its annual grant application to the State's Used Oil Program (Attachment "A"). Staff was notified that the Used Oil Block Grant Program (UBG) was replaced by the new Used Oil Payment Program (OPP). This program is now administered by the California Department of Resources Recycling and Recovery (CalRecycle), formerly the California Integrated Waste Management Board and as such requires the submittal of a new authorizing resolution to apply and receive grant funds. Discussion & Analysis: Under the used oil program the City receives funds to implement its used oil recycling program. With the change in the State's administering agency and the new oil program, in order to continue to receive its grant allocation the City must submit a new authorizing resolution to CalRecycle. Fiscal Impact: For this fiscal year the City's estimated grant allocation is about $8,000. AGEN®A ITEM ZI Coordinated With: City Manager's Office City Attorney's Office City Clerk's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPLICATION TO THE USED OIL PAYMENT PROGRAM UNDER THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICATIONS AND AGREEMENTS FOR THIS PROGRAM WHEREAS, pursuant to Public Resource Code § 48690 the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, has established the Used Oil Payment Program (OPP) to make payments to qualifying jurisdictions for implementation of their used oil programs; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood authorizes the submittal of a Used Oil Payment Program application to CalRecycle. Section 2. That the City Council of the City of Lynwood authorizes the City Manager or the City Manager's designee to execute in the name of the City of Lynwood all documents, including but not limited to, applications, agreements, annual reports, expenditure reports and amendments necessary to secure said payment to support our Used Oil Collection Program. Section 3. This authorization is effective until rescinded by the City Council of the City of Lynwood. Section 4. This resolution shall take effect immediately upon its adoption. Section 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Maria T. Santillan Mayor Roger L. Haley City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of P~ ihlir \A/nrkc / (`itv Fnr,inaar STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , City Clerk, City of Lynwood s CalReeyc~~ Used Oil Payment Program Application Certification City of Eynwood ~__~..~ Fiscal Year: 2010-2011 Cycle: OPP1 ' -- Program Requtreme~its Summary ~ ` - 1)Public Resources Code 48691(a)(1)(2) Provides a combination of used oil curbside collection and Ensuring Certified Used Oil collection center are available. 2) Public Resources Code 48691(b) Our program has a public education component that informs the public of locally available used oil recycling opportunities. Acceptance of Used Oil Payment Program Provisions Applicant acknovufedges that submittal of this application constitutes acceptance of all provisions as contained in the Used OiI Payment Program Guidelines. The Guidelines document is available at: htto-//www calrecycle ca gov/UsedOil/LGPayments/1stCycle/Guideiines.adf Payment lnformatton: ; Payment Option: April Payment Requested: Standard payment request Payment Address: Public Works , 11330 Bullis Rd ,Lynwood , CA 90262 Contact4Type. _:: Nariie , . Title Primary Contact Albert Espinoza Administrative Analyst 111 Signature Authority Roger Haley .City Manager Secondary Contact Josef Kekula Civil Engineering Associate a :Document Type ..:: ,Date' .. - ,- . Title Resolution Pending Upload Application Certification Pending Upload Letter of Designation (LOD) Pending Upload Document Due Date: 07/30/2010 Rarttcipant Junsdtction -` bocument Type `-Date Penalty of Perjury Statement: "I certify under penalty of perjury, under the laws of the State of California that I am authorized to sign this application on behalf of Applicant, that I have read the Used Oil Payment Guidelines and that to the best of my knowledge and belief that infor n this Application is true and correct." ,:, Signa ure of Signature ority (as authorized in Resolution) or Date Authorized Designee (as authorized in Lefer of Designation) gQ,gA,- ua i e~ City Manager Print Name Print Title IMPORTANT! Applicant must print out this page, have Signature Authority sign it, upload signed page to the OPPO system, and retain the original hard copy document in your cycle file. City of Lynwood Printed: 6/29/2010 ATTACHMENT "A" '-=~,` T ~~-,~~ ~~,~ AGENDA STAFF REPOR ~~. DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager ~ ~'~ PREPARED BY: Robert S. Torrez, Assistant City Manager SUBJECT: Participation in CaIPERS Retiree Benefit Trust Program (CERBT) to Prefund and Reduce Costs of Funding Existing Retiree Benefits Recommendation: Staff recommends that the City Council review and approve the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT AND ELECTION TO PRE-FUND OTHER POST EMPLOYMENT BENEFITS (OPEB) THROUGH CALPERS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND TO TAKE OTHER ACTIONS REQUIRED BY CALPERS." Background: The City of Lynwood provides lifetime medical/dental/vision/life insurance benefits to its retired employees. The City began providing this retirement benefit in 1988, although it did not agree to pay for the monthly premiums until 1993 (most likely as the result of union negotiations). There are currently 82 retired employees who receive this benefit. The cost to the City is approximately $537,000 per year. However, this cost will grow as more employees retire, as health premiums increase and as retirees live longer too. To be eligible for these benefits, employees must retire directly from Lynwood; must be vested in the CaIPERS pension program; and must be at least 50 years of age. An employee is considered vested in CaIPERS once they have worked a cumulative 5 years under any city or agency that participates in the CaIPERS pension program. Vested means that the employee has qualified to receive pension benefits (retirement checks) from CaIPERS. Employees that leave Lynwood to work for another city, county, special district o agency that is also covered by the CaIPERS pension program are not eligible t AGENDA receive post retirement health benefits from Lynwood. However, employees ma ITEM "retire" or terminate their employment with Lynwood and then work for a private company or a government agency (such as Los Angeles City or County) who is not covered by CaIPERS and still be eligible to receive lifetime health benefits from Lynwood. In the aftermath of the Enron scandal, laws and standards were imposed, first on publicly held corporations, then on state and local governments, that require full disclosure of revenues, costs and long-term liabilities. Post retirement benefits fall into the category of long-term liabilities. Discussion & Analysis: In .2004, the Governmental Accounting Standards Board (GASB) issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemp/oyment Benefits Other Than Pensions. The Statement, known commonly as GASB 45, establishes accounting and reporting requirements for state and local government employers that provide health care and other non- pension benefits to retirees, also referred to as other post employment benefits (OPEB). GASB 45 requires that cities report the long-term cost of post retirement benefits. This calculation is technically complex, and it requires the use of insurance industry actuarial forecasts. Therefore, staff retained the services of the actuarial firm Bartel Associates, LLC, to complete an actuarial study. To give the Council some perspective on what goes into this kind of analysis, the consultant used industry-wide actuarial mortality tables to estimate the average life expectancy of each existing Lynwood retiree and each existing employee, as well as the life expectancy of future employees who may be hired. Life expectancy is only one of many factors that go into this analysis. Based on the analysis, Bartel estimated the City's long-term, cumulative liability to be $26 million over the next 20 years. GASB 45 does not require any city to prefund, or set aside money, to pay for this cost. However, there is an expectation by credit rating agencies, bond investors and other outside agencies that review the City's finances that Lynwood will begin to set aside monies each year to fully fund the $26 million liability. The City cannot simply ignore this requirement; to do so would result in higher borrowing costs, lower credit rating, and Lynwood would not receive a clean annual audit. Beyond the requirement to properly record and report this liability, the City must also plan for the annual growth in this cost. We are able to fund the current annual $537,000 cost within the existing City budget, but that cost will grow over the years to the point where the annual costs could be in the multi-million dollar range and the City may not be able to fund future annual payouts from its annual revenues. For example, the City currently has 196 employees who may qualify for the plan. They could all potentially receive benefits when they retire, if they "retire" from Lynwood. You can see that if that were to happen, the City's annual 2 costs could triple, and every year continue to grow as more and more employees retire. Recommendation 1. Establish Trust Account To Begin Funding Future Costs The City currently funds the existing annual cost of $537,000 within its adopted budget. Our actuarial consultant concluded that the City would need to set aside a total of $1.9 million each year in order to be able to set aside sufficient funds to pay the future costs of this benefit. However, City day-to-day costs have increased, especially the costs of the Sheriff's and Firefighters' services, while revenues have been flat the last few years. The City cannot afford to start setting aside $1.9 million each year. Therefore, staff recommends that the City phase in the annual set aside for retiree health benefits costs over the next 10 years. The City would add $500,000 to the previous year's amount each year. For example, $537,000 is included in the current FY 11 budget. The Council would include an additional amount up to $500,000 in the FY 12 budget, for a total of $1,037,000. It could be less; it depends on what level of resources the City has available next fiscal year and each fiscal year thereafter. Since our actual payouts during FY 12 will likely be only slightly higher than $537,000, the additional $500,000 added, if approved by Council, should be invested until needed to make annual payouts. In that regard, staff recommends that the Council direct that any amounts that are set aside, in order to prefund future payouts, be deposited in the special trust account that CaIPERS established for this purpose. As a comparison, if we leave this cash in the City's investment pool, it will not earn much interest because the City's investments are generating less than 1 % annual return. The CaIPERS trust account earned about 15% during FY 10. The CaIPERS trust is called CERBT (California Employers' Retiree Benefit Trust). After it was established in 2007, the fund incurred losses its first two years. However, since inception, the fund has earned a net 3.7%. While cities are restricted by State law to investing in bonds only, retirement funds or trusts may also invest in stocks and real estate. That is why, historically, retirement funds ;have earned average returns that have been much higher than what cities typically earn. However, there is a risk of loss with any investment, whether it be bonds or stocks. Placing these funds in the CaIPERS trust could generate much higher interest earnings, and thereby reduce the amounts that the City will need to set aside each year. Future costs will be paid by a combination of the cash the City deposits into this trust, or savings account, and the interest earned on the cash on deposit. The other option available is to invest the funds with a private money manager, or investment company. Based on staff research, staff concluded that participating in the CaIPERS trust offers the highest benefits. We must always 3 keep in mind that all investments carry risk. Following are factors for the Council to consider: • In spite of recent performance, over time, CaIPERS has a proven track record in the investment of long-term funds for maximum returns at the lowest cost. • The CaIPERS trust is separate from the retirement funds invested by CaIPERS; the trust is separately managed and funds in the trust are not co-mingled with funds in the pension accounts. • Administrative costs are lower with CaIPERS than with private industry. • We are a member of CaIPERS for our pension program. As such, staff is familiar with CaIPERS operations and administration. • CaIPERS CERBT has total assets (deposits plus interest earnings) of $1.4 billion under management in the trust fund, from 260 agencies, of which 84 are cities. To participate in the CaIPERS trust program, the City Council would need to approve execution of the agreement with CaIPERS for prefunding (subject to review by our City Attorney), establish a minimum percentage of the annual required contribution to be funded, and designate authority to request disbursements from the trust. We recommend that authority be limited to the City Manager, Assistant City Manager, Human Resources Director, Accounting/Auditing Manager and Finance Manager. 2. Reduce Future Costs The only ways to reduce these future costs is to eliminate the benefit for future employees, or reduce the amount the City pays on behalf of retirees. Under current law, an employee benefit may not be eliminated or rescinded once the benefit has been awarded to existing employees and/or retirees. However, the law does not prevent any city from no longer offering any benefit to as yet to be hired employees. Eliminating this benefit for future employees may require agreement from City labor groups, via the bargaining process. Relatively few cities in California offer employer paid post retiree health benefits. The most recent figures indicate that only 84 cities across the State participate in the CaIPERS trust. However, there are approximately 1,200 local government agencies in the State, including 488 cities. Most cities do not offer these benefits. Therefore, eliminating this benefit should not affect Lynwood's ability to attract qualified employees, since very few cities or agencies offer lifetime medical benefits. 4 Some cities with large OPEB liabilities have successfully negotiated labor agreements which require existing and/or future employees to help offset these costs by paying a portion of their cities' employer paid payments to their pension systems and/or a portion of the post retirement health premiums. The City of Anaheim is one example. It was able to reduce its $400 million OPEB liability down to $200 million with the help of union concessions. Staff included this option for Council consideration. Fiscal Impact: Once CaIPERS accepts the City's application and opens our account, staff will deposit the remaining balance of the current year's $537,000 budget amount. As we make monthly payouts, the balance of the $537,000 currently remains in the City's investment pool, where it is earning less than 1 % interest. If we deposit the remaining amount into the CaIPERS trust, those funds will likely earn at the higher CaIPERS trust earning rate. Staff will then simply draw down funds each month to make the monthly payouts to existing retirees. Once Council approves the budget for FY 12, staff will deposit approximately $1,037,000 into the trust account. And, will make annual deposits, as approved by Council, on July 1 of each year. In addition to this initial funding of the trust, $2,500 will be expended to cover documentation and certifications required by CaIPERS. There are administrative costs involved in managing the funds with the trust, but these costs will likely be offset directly by interest earned on the amounts invested. Coordinated With: City Manager's Office City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT AND ELECTION TO PRE-FUND OTHER POST EMPLOYMENT BENEFITS (OPEB) THROUGH CALPERS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND TO TAKE OTHER ACTIONS REQUIRED BY CALPERS WHEREAS, the City of Lynwood manages a retiree health benefit program (Program) that pays some of the health insurance premium for retired City employees who meet the eligibility requirements of the program; and WHEREAS, it is in the City's best interests to comply with Governmental Accounting Standards Board Statement No. 45 (GASB 45), which compels annual payments on unfunded portions of the actuarial costs of retiree benefits; and WHEREAS, the California Public Employees Retirement System (CaIPERS) has created the California Employers' Retiree Benefit Trust Fund (CERBT) to assist public agencies' compliance with GASB 45 and to manage investment of contracting agencies reserve set aside to fund the costs of other post-employment benefits; and WHEREAS, CaIPERS requires the governing body of a public agency, by resolution, to approve an agreement with CaIPERS to participate in CERBT and a delegation of authority to specific staff to request disbursement of funds needed for Program costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE AS FOLLOWS: Section 1. The agreement with CaIPERS to participate in the Trust is approved. Section 2. The Mayor is authorized to execute the agreement and any implementing or modifying documents as required by CaIPERS, in a form approved by the City Attorney. Section 3. The City Council delegates to the City Manager, the Assistant City Manager, Human Resources Director, Finance Manager, Accounting/Audit Manager, authority to request disbursements from the Trust for the expenses of the program and to certify as to the purpose for which the disbursed fund will be used. Section 4. Authorizes the deposit of the balance of the $537,000 budgeted in FY 11 for post retiree health benefit costs to the CERBT. 6 Section 5. This resolution shall go into, effect upon its adoption. PASSED, APPROVED AND ADOPTED this day 2010. MARIA T. SANTILLAN MAYOR ATTEST: MARIA QUINONEZ CITY CLERK ROGER L. HALEY CITY MANAGER APPROVED AS TO FORM: FRED GALANTE CITY ATTORNEY APPROVED AS TO CONTENT: ROBERT S. TORREZ ASSISTANT CITY MANAGER 7 CALIFORNIA EMPLOYER'S RETIREE BENEFIT TRUST PROGRAM ("CERBT") AGREEMENT AND ELECTION OF (NAME OF EMPLOYER) TO PREFUND OTHER POST EMPLOYMENT BENEFITS THROUGH CaIPERS WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for annuitants (Prefunding Plan); and WHEREAS (2) The California Public Employees' Retirement System (CaIPERS) Board of Administration (Board) has sole and exclusive control and power over the administration and investment of the Prefunding Plan (sometimes also referred to as CERBT), the purposes of which include, but are not limited to (i) receiving contributions from participating employers and establishing separate Employer Prefunding Accounts in the Prefunding Plan for the performance of an essential governmental function (ii) investing contributed amounts and income thereon, if any, in order to receive yield on the funds and (iii) disbursing contributed amounts and income thereon, if any, to pay for costs of administration of the Prefunding Plan and to pay for health care costs or other post employment benefits in accordance with the terms of participating employers' plans; and WHEREAS (3) (NAME OF EMPLOYER) (Employer) desires to participate in the Prefunding Plan upon the terms and conditions set by the Board and as set forth herein; and WHEREAS (4) Employer may participate in the Prefunding Plan upon (i) approval by the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund Other Post Employment Benefits (Agreement) as provided in the terms and conditions of the Agreement; and WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an essential governmental function within the meaning of Section 115 of the Internal Revenue Code as an agent multiple-employer plan as defined in Governmental Accounting Standards Board (GASB) Statement No. 43 consisting of an aggregation of single-employer plans, with pooled administrative and investment functions; Rev 6!23/2010 NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: A. Representation and Warranty Employer represents and warrants that it is a political subdivision of the State of California or an entity whose income is excluded from gross income under Section 115 (1) of the Internal Revenue Code. B. Adoption and Approval of the Agreement; Effective Date; Amendment (1) Employer's governing body shall elect to participate in the Prefunding Plan by adopting this Agreement and filing with the CaIPERS Board a true and correct original or certified copy of this Agreement as follows: Filing by mail, send to: CaIPERS Constituent Relations Office CERBT (OPEB) P.O. Box 942709 Sacramento, CA 94229-2709 Filing in person, deliver to: CaIPERS Mailroom Constituent Relations Office CERBT (OPEB) Attn: Employer Services Division 400 Q Street Sacramento, CA 95811 (2) Upon receipt of the executed Agreement, and after approval by the Board, the Board shall fix an effective date and shall promptly notify Employer of the effective date of the Agreement. (3) The terms of this Agreement may be amended only in writing upon the agreement of both CaIPERS and Employer, except as otherwise provided herein. Any such amendment or modification to this Agreement shall be adopted and executed in the same manner as required for the Agreement. Upon receipt of the executed amendment or modification, the Board shall fix the effective date of the amendment or modification. (4) The Board shall institute such procedures and processes as it deems necessary to administer the Prefunding Plan, to carry out the purposes of this Agreement, and to maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such procedures and processes. Rev 6/23/2010 2 C. Other Post Employment Benefits (OPEB) Cost Reports and Employer Contributions (1) Employer shall provide to the Board an OPEB cost report on the basis of the actuarial assumptions and methods prescribed by the Board. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB 43. This OPEB cost report may be prepared as an actuarial valuation report or, if the employer is qualified under GASB 45 and 57, may be prepared as an Alternative Measurement Method (AMM) report. (a) Unless qualified under GASB 45 and 57 to provide an AMM report, Employer shall provide to the Board an actuarial valuation report. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB 43 and 57, and shall be: 1) prepared and signed by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board; 2) prepared in accordance with generally accepted actuarial practice and GASB 43, 45 and 57; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (b) If qualified under GASB 45 and 57, Employer may provide to the Board an AMM report. Such report shall be for the Board's use in financial reporting, shall be prepared at least as often as the minimum frequency required by GASB 43 and 57, and shall be: 1) affirmed by Employer's external auditor, or by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board, to be consistent with the AMM process described in GASB 45; 2) prepared in accordance with GASB 43, 45, and 57; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (2) The Board may reject any OPEB cost report submitted to it, but shall not unreasonably do so. In the event that the Board determines, in its sole discretion, that Rev 6/23/2010 3 the OPEB cost report is not suitable for use in the Board's financial statements or if Employer fails to provide a required OPEB cost report, the Board may obtain, at Employer's expense, an OPEB cost report that meets the Board's financial reporting needs. The Board may recover from Employer the cost of obtaining such OPEB cost report by billing and collecting from Employer or by deducting the amount from Employer's account in the Prefunding Plan. (3) Employer shall notify the Board of the amount and time of contributions which contributions shall be made in the manner established by the Board. (4) Employer contributions to the Prefunding Plan may be limited to the amount necessary to fully fund Employer's actuarial present value of total projected benefits, as supported by the OPEB cost report acceptable to the Board. As used throughout this document, the meaning of the term "actuarial present value of total projected benefits" is as defined in GASB Statement No. 45. If Employer's contribution causes its assets in the Prefunding Plan to exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board may refuse to accept the contribution. (5) The minimum Employer contribution will be at least $5000 or be equal to Employer's Annual Required Contribution, whichever is less, as that term is defined in GASB Statement No. 45. Contributions can be made at any time following the seventh day after the effective date of the Agreement provided that Employer has first complied with the requirements of Paragraph C. D. Administration of Accounts, Investments, Allocation of Income (1) The Board has established the Prefunding Plan as an agent plan consisting of an aggregation of single-employer plans, with pooled administrative and investment functions, under the terms of which separate accounts will be maintained for each employer so that Employer's assets will provide benefits only under employer's plan. (2) All Employer contributions and assets attributable to Employer contributions shall be separately accounted for in the Prefunding Plan (Employer's Prefunding Account). (3) Employer's Prefunding Account assets may be aggregated with prefunding account assets of other employers and may be co-invested by the Board in any asset classes appropriate for a Section 115 Trust. (4) The Board may deduct the costs of administration of the Prefunding Plan from the investment income or Employer's Prefunding Account in a manner determined by the Board. (5) Investment income shall be allocated among employers and posted to Employer's Prefunding Account as determined by the Board but no less frequently than annually. Rev 6/23/2010 4 (6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board, in compliance with applicable accounting and legal requirements, may return such excess to Employer. E. Reports and Statements (1) Employer shall submit with each contribution a contribution report in the form and containing the information prescribed by the Board. (2) The Board shall prepare and provide a statement of Employer's Prefunding Account at least annually reflecting the balance in Employer's Prefunding Account, contributions made during the period and income allocated during the period, and such other information as the Board determines. F. Disbursements (1) Employer may receive disbursements not to exceed the annual premium and other costs of post employment healthcare benefits and other post employment benefits as defined in GASB 43. (2) Employer shall notify CaIPERS in writing in the manner specified by CaIPERS of the persons authorized to request disbursements from the Prefunding Plan on behalf of Employer. (3) Employer's request for disbursement shall be in writing signed by Employer's authorized representative, in accordance with procedures established by the Board. The Board may require that Employer certify or otherwise establish that the monies will be used for the purposes of the Prefunding Plan. (4) Requests for disbursements that satisfy the requirements of paragraphs (2) and (3) that a`re received on or after the first of a month will be processed by the 15th of the following month. (For example, a disbursement request received on or between March 1st and March 31st will be processed by April 15th; and a disbursement request received on or between April 1st and April 30th will be processed by May 15th.) (5) CaIPERS shall not be liable for amounts disbursed in error if it has acted upon the written instruction of an individual authorized by Employer to request disbursements. In the event of any other erroneous disbursement, the extent of CaIPERS' liability shall be the actual dollar amount of the disbursement, plus interest at the actual earnings rate but not less than zero. (6) No disbursement shall be made from the Prefunding Plan which exceeds the balance in Employer's Prefunding Account. Rev 6/23!2010 ~j G. Costs of Administration Employer shall pay its share of the costs of administration of the Prefunding Plan, as determined by the Board. H. Termination of Employer Participation in Prefunding Ptan (1) The Board may terminate Employer's participation in the Prefunding Plan if: (a) Employer gives written notice to the Board of its election to terminate; (b) The Board finds that Employer fails to satisfy the terms and conditions of this Agreement or of the Board's rules or regulations. (2) If Employer's participation in the Prefunding Plan terminates for any of the foregoing reasons, all assets in Employer's Prefunding Account shall remain in the Prefunding Plan, except as otherwise provided below, and shall continue to be invested and accrue income as provided in Paragraph D. (3) After Employer's participation in the Prefunding Plan terminates, Employer may not make contributions to the Prefunding Plan. (4) After Employer's participation in the Prefunding Plan terminates, disbursements from Employer's Prefunding Account may continue upon Employer's instruction or otherwise in accordance with the terms of this Agreement. (5) After thirty-six (36) months have elapsed from the effective date of this Agreement or at such earlier date as may be approved by the Board in its sole discretion: (a) Employer may request a trustee to trustee transfer of the assets in Employer's Prefunding Account. Upon satisfactory showing to the Board that the transfer will satisfy applicable requirements of the Internal Revenue Code and the Board's fiduciary duties, then the Board shall effect the transfer within one hundred twenty (120) days. The amount to be transferred shall be the amount in the Employer's Prefunding Account as of the disbursement date and shall include investment earnings up to the investment earnings allocation date immediately preceding the disbursement date. In no event shall the investment earnings allocation date precede the transfer by more than 120 days. (b) Employer may request a disbursement of the assets in Employer's Prefunding Account. Upon satisfactory showing to the Board that all of Employer's obligations for payment of post employment health care benefits and other post employment benefits and reasonable administrative costs of the Board have been satisfied, then the Board shall Rev 6f23/2010 6 effect the disbursement within one hundred twenty (120) days. The amount to be disbursed shall be the amount in the Employer's Prefunding Account as of the disbursement date and shall include investment earnings up to the investment earnings allocation date immediately preceding the disbursement date. In no event shall the investment earnings allocation date precede the disbursement by more than 120 days. (6) After Employer's participation in the Prefunding Plan terminates and at such time that no assets remain in Employer's Prefunding Account, this Agreement shall terminate. (7) If, for any reason, the Board terminates the Prefunding Plan, the assets in Employer's Prefunding Account shall be paid to Employer after retention of (i) amounts sufficient to pay post employment health care benefits and other post employment benefits to annuitants for current and future annuitants described by the employer's current substantive plan (as defined in GASB 43), and (ii) amounts sufficient to pay reasonable administrative costs of the Board. (8) If Employer ceases to exist but Employer's Prefunding Plan continues to exist and if no provision has been made by Employer for ongoing payments to pay post employment health care benefits and other post employment benefits to annuitants for current and future annuitants, the Board is authorized to and shall appoint a third party administrator to carry out Employer's Prefunding Plan. Any and all costs associated with such appointment shall be paid from the assets attributable to contributions by Employer. (9) If Employer should breach the representation and warranty set forth in Paragraph A., the Board shall take whatever action it deems necessary to preserve the tax-exempt status of the Prefunding Plan. I. General Provisions (1) Books and Records. Employer shall keep accurate books and records connected with the performance of this Agreement. Employer shall ensure that books and records of subcontractors, suppliers, and other providers shall also be accurately maintained. Such books and records shall be kept in a secure location at the Employer's office(s) and shall be available for inspection and copying by CaIPERS and its representatives. (2) Audit. (a) During and for three years after the term of this Agreement, Employer shall permit the Bureau of State Audits, CaIPERS, and its authorized representatives, and such consultants and specialists as needed, at all Rev 6/23/2010 7 reasonable times during normal business hours to inspect and copy, at the expense of CaIPERS, books and records of Employer relating to its performance of this Agreement. (b) Employer shall be subject to examination and audit by the Bureau of State Audits, CaIPERS, and its authorized representatives, and such consultants and specialists as needed, during the term of this Agreement and for three years after final payment under this Agreement. Any examination or audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering this Agreement. Employer shall cooperate fully with the Bureau of State Audits, CaIPERS, and its authorized representatives, and such consultants and specialists as needed, in connection with any examination or audit. All adjustments, payments, and/or reimbursements determined to be necessary by any examination or audit shall be made promptly by the appropriate party. (3) Notice. (a) Any notice, approval, or other communication required or permitted under this Agreement will be given in the English language and will be deemed received as follows: Personal delivery. When personally delivered to the recipient. Notice is effective on delivery. 2. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice. Notice is effective three delivery days after deposit in a United States Postal Service office or mailbox. 3. Certified mail. When mailed certified mail, return receipt requested. Notice is effective on receipt, if delivery is confirmed by a return receipt. 4. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, Notice is effective on delivery, if delivery is confirmed by the delivery service. 5. Telex or Facsimile Transmission. When sent by telex or fax to the last telex or fax number of the recipient known to the party giving notice. Notice is effective on receipt, provided that (i) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (ii) the receiving party delivers a written confirmation of receipt. Any notice given by telex or fax shall be Rev 6/23/2010 $ deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a nonbusiness day. 6. E-mail transmission. When sent by a-mail using software that provides unmodifiable proof (i) that the message was sent, (ii) that the message was delivered to the recipient's information processing system, and (iii) of the time and date the message was delivered to the recipient along with a verifiable electronic record of the exact content of the message sent. Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this Agreement. (b) Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service. (c) Any party may change its address, telex, fax number, or a-mail address by giving the other party notice of the change in any manner permitted by this Agreement. (d) All notices, requests, demands, amendments, modifications or other communications under this Agreement shall be in writing. Notice shall be sufficient for all such purposes if personally delivered, sent by first class, registered or certified mail, return receipt requested, delivery by courier with receipt of delivery, facsimile transmission with written confirmation of receipt by recipient, ore-mail delivery with verifiable and unmodifiable proof of content and time and date of sending by sender and delivery to recipient. Notice is effective on confirmed receipt by recipient or 3 business days after sending, whichever is sooner. (4) Modification This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by the party to be charged. (5) Survival All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of their Agreement shall survive the termination of this Agreement until such time as all amounts in Employer's Prefunding Account have been disbursed. Rev 6/23/2010 9 (6) Waiver No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. (7) Necessary Acts, Further Assurances The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. Rev b/23f2010 ~ ~ A majority vote of Employer's Governing Body at a public meeting held on the day of the month of in the year ,authorized entering into this Agreement. Signature of the Presiding Officer: Printed Name of the Presiding Officer: Name of Governing Body: Name of Employer: Date: BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY ALAN MILLIGAN ACTUARIAL AND EMPLOYER SERVICES BRANCH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM To be completed by CaIPERS The effective date of this Agreement is: Rev 6/23!2010 11 of ng~,w ~a~„~~~ d AGENDA STAFF REPORT n tic .,.:'111gp4~-, ~. DATE: August 3, 2010 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager'C~ PREPARED BY: Robert S. Torrez, Assistant City Manager Delania G. Whitaker, Administrative Analyst Il~ SUBJECT: St. Francis Medical Center Foundation Charity Ball Sponsorship Recommendation: Staff recommends that the City Council provide staff with direction regarding the St. Francis Medical Center Foundation's invite to support its Charity Ball 2010 fundraiser. If Council elects to sponsor the fundraiser, it will be funded through the Council's discretionary budget. Background: Staff was requested to place this item on St. Francis Medical Center Foundation's October 9, 2010, at the Ritz-Carlton at L.A the agenda to discuss sponsorship for Charity Ball 2010 that will be held on . Live. Discussion & Analysis: The St. Francis Medical Center Foundation Charity Ball will be a special tribute to the Jubilee and the Daughters Charity. The event will commemorate the 350t" Anniversary of the lives of St. Vincent de Paul and St. Louise, de Marillac, their community's co-founders. Proceeds from the fundraiser will benefit charitable care and critical outreach programs such as the St. Francis Medical Center's Footprints Program and Healthy Community Initiatives, for children and families in the community. Fiscal Impact: The fiscal impact will be determined based on the sponsorship level. AGENDA ITEM Coordinated With: City Manager's Office City Attorney Attachment: Sponsorship Letter Invite/Sponsor Information Packet RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING SPONSORHIP TO THE ST. FRANCIS MEDICAL CENTER FOUNDATION'S CHARITY BALL 2010 WHEREAS, this year marks a Jubilee Celebration of Charity as St. Francis Medical Center commemorates the 350t" Anniversary of the lives of St. Vincent de Paul and St. Louise de Marillac, as well as their community co- founders; and WHEREAS, in keeping with the St. Francis Medical Center "Charity and Mission" all proceeds will benefit essential community outreach programs and charitable care for children and families in the Lynwood community; and WHEREAS, the City of Lynwood wishes to sponsor the St. Francis Medical Center Foundation's Charity Ball 2010; and WHEREAS, funds are available in the City Council's discretionary account to fund the sponsorship in the amount of $ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council finds that the above recitals are true and correct. Section 2. That the City Council hereby finds that the expenditure of City funds for sponsorship to the St. Francis Medical Center Foundation's Charity Ball 2010, serve an important public purpose insofar as proceeds from the fundraiser will benefit charitable care and critical outreach programs for children and families in the Lynwood community. As such, the City Council approves the use of $ in funds to sponsor this event. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. That the City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3~d day of August, 2010. Maria T. Santillan Mayor 3 ATTEST: Maria Quirionez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Robert S. Torrez Assistant City Manager 4 t ~(~ sT, F~NCis -,~~ 1VIEY)~ct~i. ~.EN°TER FouNnAT~ON our is~iora is Pife July 2010 ~~I~/ - ~~ Dear Friends, Greetings from St. Francis Medical Center! We are pleased to announce that our annual Charity Ball will be held on Saturday, October 9th, 2010 at the new Ritz-Carlton at L.A. Live, downtown Los Angeles' most chic and popular entertainment area. In keeping with our theme of "Charity & Mission," all proceeds will benefit essential community outreach programs and charitable care for children and families in Southeast Los Angeles. As many of you know, this year marks a Jubilee Celebration for the Daughters of Charity as they commemorate the 350th Anniversary of the lives of St. Vincent de Paul and St. Louise de Marillac, their community's co-founders. As members of the Daughters of Charity family, Mission and ministry, St. Francis Medical Center and the St. Francis Medical Center Foundation share in this milestone and honor the lives of St. Vincent and St. Louise and their legacy of compassion, service and charity. In so doing, the 2010 Charity Ball will be a special tribute to the Jubilee and the Daughters of Charity. We invite you to join the celebration and support our biggest fundraiser of the year by purchasing a table and/or a special event sponsorship. The festivities will include a cocktail reception, dinner, awards, entertainment, silent and live auctions as well as a BMW grand prize giveaway. Attached is a sponsor information packet, which details the different ways to support St. Francis and the Daughters of Charity. Please confirm your participation by returning the commitment form on page 4 by email, fax or mail. Thank you in advance for your support. Sincerely, Grace Mendez Project Manager St. Francis Medical Center Foundation Phone (310) 900-7331 Fax (310) 900-7335 Email: gracemendez(a~dochs.org t [~~,~~ ST. FRANCIS (_ ,~ MEDICAL CENTER FOUNDATION our mission is Iife July 2010 Dear Friends, _~,~„~' J' J t~.- ~l C~ ~'~~C~{ - I S I ~t1 Greetings from St. Francis Medical Center! We are pleased to announce that our annual Charity Ball will be held on Saturday, October 9th, 2010 at the new Ritz-Carlton at L.A. Live, downtown Los Angeles' most chic and popular entertainment area. In keeping with our theme of "Charity & Mission," all proceeds will benefit essential community outreach programs and charitable care for children and families in Southeast Los Angeles. As many of you know, this year marks a Jubilee Celebration for the Daughters of Charity as they commemorate the 350th Anniversary of the lives of St. Vincent de Paul and St. Louise de Marillac, their community's co-founders. As members of the Daughters of Charity family, Mission and ministry, St. Francis Medical Center and the St. Francis Medical Center Foundation share in this milestone and honor the lives of St. Vincent and St. Louise and their legacy of compassion, service and charity. In so doing, the 2010 Charity Ball will be a special tribute to the Jubilee and the Daughters of Charity. We invite you to join the celebration and support our biggest fundraiser of the year by purchasing a table and/or a special event sponsorship. The festivities will include a cocktail reception, dinner, awards, entertainment, silent and live auctions as well as a BMW grand prize giveaway. Attached is a sponsor information packet, which details the different ways to support St. Francis and the Daughters of Charity. Please confirm your participation by returning the commitment form on page 4 by email, fax or mail. Thank you in advance for your support. Sincerely, Grace Mendez Project Manager St. Francis Medical Center Foundation Phone (310) 900-7331 Fax (310) 900-7335 Email: gracemendez(a~dochs.org SPONSORSHIP LEVELS TITLE SPONSOR - $50,000 AND ABOVE • Three (3) VIP Tables for 10 -Premium stage-front location • Feature Article in the Foundation's Promise Magazine • Acknowledgement & prominent logo placement on Charity Ball invitation • Prominent logo placement on signage at event including main stage • Opportunity to speak by organization's leader & check presentation at event • Full-page Feature Ad (inside front or back cover) in Program Book PREMIER SPONSOR - $25,000 AND ABOVE • Two (2) Tables for 10 -Premium stage-front location • Prominent logo placement on signage at event • Acknowledgement on Charity Ball invitation • Recognition in the Foundation's Promise Magazine • Full-page Ad in Program Book PRESENTING SPONSOR - $10,000 AND ABOVE • Table for 10 -Preferred seating location • Logo placement on signage at event • Recognition in the Foundation's Promise Magazine • Full-page Ad in Program Book GOLD SPONSOR - $5,000 AND ABOVE • Table for 10 • Logo placement on signage at event INDIVIDUAL TICKET(S) - $500 PER PERSON • Cocktail Reception, Dinner, Awards & Auction SPECIAL SPONSORSHIP OPPORTUNITIES ON REVERSE To reserve your table or obtain additional information, please contact Grace Mendez at SFMC Foundation at (310) 900-7331 or gracemendez~dochs.org ~ - ._ SPECIAL SPONSORSHIPS -EVENT COSTS , NG SmON aOR $50,000 N n all [ ~ I' coll Company ogo o ~ Prominent logo placement on every table at event r, ,' ~ Three (3) VIP tables for ten at the Ball ~ Full-Page Feature Ad in the Evening's Commemorative Program Book j~ ~~ ~ Recognition plaque for corporate sponsorship I~! ~ ~~ r~ Acknowledgment on all event publications including media release and feature article { in Foundation's Promise Magazine, distributed to over 1,200 people ~I [ ]DINNER SPONSOR $25,000 -~. '~ Company logo on all collateral material li j ~ Prominent logo placement on every table at event Two (2) VIP tables for ten at the Ball ' '' Full-Page Ad in the Evening s Commemorative Program Book ~ Recognition plaque for corporate sponsorship z,_r3_ [ ]E NTERTAINMENT SPONSOR ~ $15,000 ~`~ Company logo on all collateral material ~~ ~ ~~ Two (2) VIP tables for ten at the Ball ~ Full-Page Ad in the Evening's Commemorative Program Book e Recognition plaque for corporate sponsorship ' p ..~t.= _-__ _ _ __ _ _ _ _ __ COCKTAIL HOUR RECEPTION _ _ ~ $10,000 [ ] One (1) VIP table for ten at the Ball ~' ' ~~ Full-Page Ad in the Evening's Commemorative Program Book Recognition plaque for corporate sponsorship ~' [ ]AUCTION SPONSOR $5,000 each (Marltple Available) Please choose one: ~~ [ ] Live Auction [ ] Silent Auction ~ Half-Page Ad in the Evening's Commemorative Program Book ~ Recognition plaque for corporate sponsorship [ ]ADDITIONAL SPONSORS: $3,000 each Please choose one: [ ]Table Favors [ ]Floral Centerpieces ~ Recognition plaque for corporate sponsorship COMMEMORATIVE PROGRAM BOOK ADS [f you would like to honor the Daughters of Charit}r and celebrate the lives of our founders, St. Vincent De Paul and St. 1~ouise De Marillac by placing an ad in the commemoratwe program book, please complete tlvs form and follow the instructions below. ^ "Advocacy for the Poor" -Full Page ~irrt in proririnent ad reclionJ (5.75"x5.75") $1,500 ^ "Compassionate Service "- Full Page (in premium ad rerrion) (5.75"x5.75") $1,000 ^ "Inventiveness to Infinity" -Full Page (5.75"x5.75") $750 ^ "Respect" -Half Page (hori~onral) ^ "Simplicity" -Quarter Page ^ Business Card Ad ^ Donation (5.75"x2.75") $500 (2.75"x2.75") $250 (3"x2.5") $100 Ad Deadline and Artwork Submission: Email ad in JPG or TFF (300 DPI) format no later than September 10th, 2010 to sfmcfoundation p,dochs.org. If you need assistance with the creation of your ad or if you have questions regarding the preferred format, please contact Bryan Grassmann by phone at (310) 900-7334 or via email at BryanGrassman.n a,dochs.org. Thank you! PAYMENT INFORiviATION ^ I would like to pay by check. (Please make papaGle to `;St. F'~rantit Medical Center Foundatiat') ^ The check is enclosed or ^ The check will be sent by September 17th ^ I would like to pay by credit card. ^ Visa ^ MasterCard ^ American Express I?sact Name on Card Account Number Tixpiration Date Authorized Signature Security Code Billing 'Lip Code Please return this form ~y grail, fax or entail to: St. Francis D~Iedical Center Foundation Attn: Charity Ball 2010 3630 East lmperial Highway, Lynwood, CAA 90262 Fax: (310) 900-7335 Email: sfmcfoundationndochs.org ~ Please Check One: Please complete this form and FAX to: Charity Ball 2010 Attn: Grace Mendez (310) 900-7335 To purchase tickets by phone, call (310) 900-7331 Contact Information Name: Organization: Address: City: State: Zip: Phone: Fax: ^ I would like to pay by Credit Card: ^ VISA ^ MasterCard ^ American Express Amount: Account Number: Expiration Date: / Security Code: Exact Name on Card: Billing Zip Code: Authorized Signature: ^ I would like to pay check. ^ Title: $50,000 Three VIP Tables of 70 Premium Stage front location ^ Premier: $25,000 T1vo VIP Tables of 70 Stage front location ^ Presenting: $10,000 VIP Table of 70 -Preferred Seating ^ Gold: $5,000 Table of 70 ^ Single Ticket(s): $500 pp # for a total af,~ ^ I am unable to attend. Please acceptmy donation in the amount of .$ ^ Special Sponsorship Opp. Amount: ,~ Description: Please make checks payable to: "St. Francis Medical Center Foundation" And send completed form & payment to: Grace Mendez, Project Manager SFMC Foundation -Charity Ba112010 3630 East Imperial Highway Lynwood, California 90262 For further details and/or questions, please contact Grace Mendez at (310) 900-7331 or gracemendezn,dochs.or~;