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HomeMy Public PortalAbout03-03-2020 - CC REG. MTG. MINUTES CITY COUNCIL REGULAR MEETING MINUTES March 03, 2020 01. CALL TO ORDER The City Council Special Meeting of the City of Lynwood met in the Council Chambers of City Hall Annex, 11350 Bullis Road, Lynwood, CA on the above date at 6:15pm Mayor Castro presiding. 02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. 03. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO ABSENT: COUNCIL MEMBER ALATORRE STAFF PRESENT: City Manager Ometeotl, Noel Tapia, City Treasure Camacho, City Clerk Quinonez, Community Development Director Ramirez, Human Resource Director Stafford, Public Works Director Sandzimier, Finance Director Downs, Recreation Director Flores, and Technology Director Han. 04. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Sheriff Explorers. 05. INVOCATION The invocation was offered by City Clerk Quinonez. 06. PRESENTATIONS/PROCLAMATIONS • Sheriff Lieutenant Adams - Update on Law Enforcement Issues. • City Council Members Reporting on Meetings Attended (Gov. Code 53232.3 (D)). • Central Basin Presentation 07. COUNCIL RECESS TO: • City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency • Lynwood Utility Authority • Lynwood Housing Authority • Lynwood Public Financing Authority 1 MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tern Casanova to recess to the Lynwood Successor Agency at 6:49pm. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE MOTION: It was moved by Mayor Pro Tern Casanova, seconded by Council Member Santana to recess to the Lynwood Utility Authority at 6:51 pm. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE MOTION: It was moved by Council Member Solache seconded by Mayor Pro Tem Casanova to recess to the Lynwood Housing Authority at 6:53pm. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE MOTION: It was moved by Council Member Solache seconded by Mayor Pro Tern Casanova to recess to the Lynwood Public Financing Authority at 6:54pm. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 2 Mayor Castro stated that the Council will now proceed with the special and regular meeting agendas which are being held concurrently. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Andrea Banuelos spoke on item 19 and as the owner of Marshushi. She shared the background of her restaurant and willingness to work with the community and thanked council for the opportunity to be heard. NON-AGENDA PUBLIC ORAL COMMUNICATIONS Alex Landeros commented on the businesses in Lynwood, and how most businesses are in close proximity to residential areas. He stated he would like for businesses not be singled out. Paulette Bradley shared her pleasure with increased communication with staff and city directors. Joana Ramirez commented on the live entertainment permit, and her willingness to work with Lynwood as a business owner. Navidad De La Torre commented on the Coffee with the Mayor and the benefits of this event because it educates community members on how to navigate city resources and support staff. Jane Doe commented about her positive experience at the winter camp Lynwood recently held. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Solache thanked staff for the increased results from the Ad Hoc infrastructure street projects, specifically the city manager and public works director. He also shared his pleasure with the discussions that took place tonight regarding our local businesses and the increased opportunities it will bring. Council Member Santana commented that the city needs to do a better job of communicating with the community regarding all the resources available to them. She also invited everyone to the next business round table session. Lastly, she reminded everyone about the women's event on Saturday. Mayor Pro Tem thanked Mark and his staff for a great job with the camp. Mayor Castro thanked everyone for being present, and also invited everyone to the women's event. She added that it is her last term as a council member and she hopes to continue getting the community engaged, involved. 3 CONSENT CALENDAR 08. APPROVAL OF THE WARRANT REGISTER MOTION: It was moved by Mayor Pro Tern Casanova, seconded by Council Member Santana to approve the consent calendar. Motion carried by unanimous consent. City Manager Ometeotl requested that item 17 be pulled from the agenda. Mayor Castro stated for the record that item 17 will be pulled and brought back for consideration on March 17, 2020 council meeting. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 09. PREVIOUS MEETINGS MINUTES Item 09 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 10. MEASURE PS ORDINANCE 1732 SECOND READING Item 10 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 11. CITY MANAGER'S MONTHLY TASK ORDER REPORT 4 Item 11 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 12. TREASURER INVESTMENT POLICY Item 12 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 13. QUARTERLY GENERAL LIABILITY CLAIM OVERVIEW Item 13 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 14. HOUSING ELEMENT 2019 ANNUAL PROGRESS REPORT Item 14 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 15. ZONING CODE AMENDMENT NO. 2020-01 5 Item 15 approved by consent calendar vote. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE NEW/OLD BUSINESS 16. LYNWOOD UTILITY AUTHORITY ENTERPRISE REVENUE BONDS 2020 SERIES A MOTION: It was moved by Mayor Pro Tem Casanova, seconded by Council Member Solache to approve item 16 on the regular agenda and approve item 4 of the Utility Authority. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 17. ANNUAL CITY FIREWORKS SHOW & APPROVAL OF 2020 FIREWORKS TASK FORCE TEAM Item 17 pulled by staff 18. CONFIRMATION OF USE OF ACTION MINUTES AS THE OFFICIAL RECORD OF CITY COUNCIL/COMMISSIONS AND COMMITTIEES MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tern Casanova to discuss item 18. MOTION: It was moved by Council Member Solache, seconded by Council Member Santana to approve option #1 and support the use of action minutes. Item passed by unanimous consent. Clerk Quinonez requested the approval of action minutes and elaborated on how the change will adjust the method of minute transcribing. She shared how requests for the audio occur more often than request for written minutes, and how this will bring the Clerk's office into compliance with best practices currently utilized by the City Clerk Association of California. 6 Mayor Castro commented on the issue of glitches occurring when relying on audio recording of council meetings. She also commented on her understanding that in order for details to be transcribed on the minute's council members must remember to state "for the record" prior to commenting. She asked what if a council member forgets to state "for the record". She added that there have been instances of audio not being captured and the transcribed minutes being the only record of the meeting and actions taken. Clerk Quinonez responded that staff can sense the urgency on an item and will summarize discussions between council members and staff relating to agenda items. Mayor Castro followed up by asking what will determine the sense of urgency during council discussion, and how will staff address issues that arise with the audio. Clerk Quinonez responded that with modern technology we should not encounter any issues with capturing the audio. Technology Director Han stated that the system in the old council chambers did present challenges in the past, but the new council facility has been more reliable in capturing the audio. Deputy Clerk Sarmiento added that council will not be required to state "for the record" staff will continue capturing important dialog related to agenda items. Mayor Castro followed up by asking what about the boards and commission meetings that are still held in the old council chambers. Clerk Quinonez responded that the Clerk's office would work closely with the boards and commissions to ensure minutes are being properly taken. Council Member Solache suggested a timeline be put in place on when the minutes needs to be produced. City Manager Ometeotl clarified that Clerk staff relies on the audio to create the minutes, and if the Council proceeds to approve the item his office will work with information technology department to create a redundant system in case the main recording system fails. Mayor Castro stated she would be fine with a redundant system option. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 19. APPROVAL OF SPECIAL "LIVE ENTERTAINMENT" PERMIT FOR MARSUSHI RESTAURANT City Manager Ometeotl explained that Marsuchi has submitted an application for live entertainment. Staff has reviewed the live entertainment permit and provided certain conditions most notably that they would discontinue the live entertainment at 10pm with the exception of Friday and Saturday where they can continue until midnight. Staff met with the Marsushi representative who expressed the desire to include trios from 3pm- 7pm, which staff had no objection to. He added that Marsushi is also requesting extended hours until 2am most days, and staff will leave that request to the discretion of the council. He then explained how staff analyzed the applications with its respect as a restaurant, proximity to residential area, and its impact to the neighborhood. He commented on how staff felt that those times were consistent with the type of use, and staff desire to provide certain regulations for these types of businesses. Mayor Castro requested clarification between staff recommendation and business request. City Manager Ometeotl responded that staff recommendation is Friday and Saturday until midnight, and every other day until 10pm. He added that council is looking at the request from Marsushi, who requested additional hours until 2am, and day time hours for trios, which staff had no problem with, from 3-7pm. Council Member Solache shared his pleasure with staff meeting with the businesses to address these requests. He shared his support for not using a cookie cutter approach in these matter because each business is unique. He mentioned his pleasure to see both staff recommendation and acknowledged the business request for additional hours. He shared his support for extending hours on holiday's and felt it was appropriate request. He closed by sharing his pleasure in seeing the applicants in attendance and involved in the process. Council Member Santana asked if council can approve staff recommendation but come back to address some of the holiday requests. City Manager Ometeotl stated council would have to provide a motion and direction. He added if council limits the dates to those on the list in helps create some parameters. If Council chooses to expand on the hours that would be councils prerogative. He added that staff makes a recommendation and council decides limiting factors. Council Member Santana shared that she was going to move staff recommendation and reject the extended hours until 2am. City Manager Ometeotl did clarify staff recommendation would now include the trio hours of 3 or 4pm to 7pm whichever the applicant prefers. 8 Council Member Solache highlighted his approval of addressing these request on an individual basis. City Manager Ometeotl elaborated that this is a one year item and code requires it be brought back for an annual review unless the code was changed to say different. In its current form it give staff the flexibility to circle back and make changes to improve the hours permitted. Mayor Pro Tern Casanova asked how code enforcement would know the hours of operation and limitations for each of the businesses. City Manager Ometeotl reminded council that code enforcement is only on duty until 11 pm. He added that aside from code enforcement staff would consider logged Sherriff incidents when the time comes to review the business performance, which will help determine if the permit should be renewed. Staff will also work with the leads and director to ensure businesses with these permits are calendared to assist code enforcement staff. Mayor Castro stated she is ok with staff recommendation, and agreed that a cookie cutter approach should not be utilized is this case. But uniformity at some level is needed to create a smoother process for businesses. She added that today's special meeting item is a first step in bringing that uniformity to fruition. She added that in order to be business friendly this permit must be treated like a business license permit where an inspector can stop by to make sure policy is being followed. In closing she stated she is ok with approving all the holidays but further discussed is needed. Lastly, she expressed her desire to approve something at tonight's meeting. Council began discussing the hours and holidays dates requested. Questions were asked and answered by staff, and exchanges between all four council members and staff continued until times and dates of the live entertainment permit were decided. A consensus was reached and Mayor Castro read the following motion of dates and hours for live entertainment: MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tern Casanova to approve live entertainment permit for Marsushi under the following hours: all major holidays ham-lam. (extended hours of I1 am-1 am will be permitted on Sunday's where holiday lands on that Monday.) Thursday 8pm-midnight, Friday 3pm- lam, Saturday ham-lam, Sunday 11 am-midnight. Motion carried by unanimous consent. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE 9 ABSENT: COUNCIL MEMBER ALATORRE 20. APPROVAL OF SPECIAL "LIVE ENTERTAINMENT" PERMIT FOR LAS CHABELAS BAR MOTION: It was moved by Mayor Castro, but no second received. Item died due to lack of second. Alex Landeros spoke on behalf of Las Chabela's bar, and commented on the councils need to be more business friendly. Mayor Castro thanked staff for including all the services calls to the business. She shared her concern with the violent nature of the reports. She asked how having a trio will help improve the issue of service calls to this business. Mr. Landeros responded by alleging some of those calls were not related to the business. Mayor Castro stated that she can make a motion to approve but it would include all of staffs recommendations. 21. APPROVAL OF AN APPROPRIATION FOR THE CITY HALL AND CITY HALL NORTH IMPROVEMENT PROJECT, PHASE 2 MOTION: It was moved by Mayor Pro Tem Casanova, seconded by Council Member Santana to approve item 21. Motion carried by unanimous consent. Council Member Solache asked if this item is for accepting of the project and allocating additional funds. City Manager Ometeotl responded by clarifying this is not accepting the project because punch lists are still being addressed. The additional funding would be used for the addition of a Sheriffs service center in the old city council conference room, two bathrooms in city hall north that were not part of the original renovation, window coverings, paint for interior corridors, and aesthetic renovation to the floors. Council Member Solache shared his concern regarding the cost and planning of the project. He asked why these additional items described were not included in the original project budget and design. City Manager Ometeotl responded that Sherriff service center was not part of the original concept. These were additional needs identified post construction that staff and the community would benefit from. The approval would not allow staff to spend the money, adding once funding is approved the item would be brought back to council with the specifics of the project for council consideration. 10 ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 22. PROJECT ACCEPTANCE OF LONG BEACH BOULEVARD PHASE 1 IMPROVEMENT PROJECT (CIP No. 4011.67.993) MOTION: It was moved by Mayor Pro Tern Casanova, seconded by Council Member Santana to approve item 22. Motion carried by unanimous consent. Council Member Santana asked if any new dollar amounts are linked with these two items. City Manager Ometeotl responded that there is no new appropriation with item 22. But it does close out phase 1 of the project which has been completed to the satisfaction of the Public Works staff and engineers that have been working on the project. Once approved the city would release the retainage amount of the project back to the contractor, which is five percent of the construction price. ROLL CALL: • AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 23. PROJECT ACCEPTANCE OF LONG BEACH BOULEVARD PHASE 2 IMPROVEMENT PROJECT (CIP NO. 4011.67.997) MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tern Casanova to open item for discussion. MOTION: It was moved by Council Member Solache, seconded by Mayor Castro to continue the item to the next regular meeting on March 17, 2020. Item was continued by general consent. Mayor Castro shared that Council Member Santana would like to know when the driveway at Tam's restaurant will be repaired. City Manager Ometeotl responded that the contractor paved the driveway and sometime after that a failure of the asphalt occurred. He added that three different 11 engineering firms were brought in to analyze the asphalt. Core samples were taken, analysis of the asphalt mixture was done, and all documentation of the work has been reviewed for possible causes. Unfortunately, the analysis didn't point to a contributing factor for the failure. And because no determining factor has arisen staff is unable to hold the contractor responsible. He continued by sharing staffs suggestion to cut and pave what looks like a concreate bus pad to address that piece of the driveway, lacking a contributing factor for the asphalt failure the project is now at a point where the retainage is due to be release upon acceptance of the project. Council Member Santana shared her concern with the large cost of the project, the number of small issues that occurred throughout the process, and the inability to hold contractor accountable. She added that she has been requesting policy that ensures that one engineering firm is not in charge of multiple aspects of a project in order to establish checks and balances. She closed by stating that a solution needs to be brought forward to fix these issue with the Tam's driveway. City Manager Ometeotl responded that staff and council could have a lengthy conversation on the issues that occurred during this project. He added the lingering issue is the Tam's driveway which staff has provided a solution for, and aside from the driveway the project has reached its completion. Council Member Santana responded that the contractors are being paid for quality work and we should not be forced to use our staff to address these kinds of issues. Mayor Castro stated that she disagrees that we can't hold these companies accountable for the work they do. The contractor was awarded this large project and they could have done more to work with us in resolving the Tam's driveway issue. She added that she can't be supportive in accepting a project where the contractor is not being responsive in curing and correcting the issue. City Manager Ometeotl responded that if it was Tam's that caused the driveway issue, we need to deal with Tam's to cure and correct not the contractor. Mayor Castro responded that this contractor was awarded this large project, and in a gesture of good will could have offered to fix the problem while our staff determines who to hold accountable. Jorge Casanova asked if the contractor is open to sharing the cost of repairing the driveway. City Manager Ometeotl responded that the contractor is not open to that option. • 12 ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tern Casanova, seconded by Council Member Solache to adjourn the regular Lynwood City Council meeting at 8:56p.m. ROLL CALL: AYES: COUNCIL MEMBERS, SANTANA, SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE it Maria Quinonez, City Clerk Aide Castro, Mayor 11 13