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HomeMy Public PortalAbout2003-08-28CC_spos-26-n3~o~: - Procedures for Addressing fhe Councii 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 `,~~j~_. AUG ~ ~ AT THE SPECIAL MEE~NG OF THE ~ LYNWOOD CITY OUNCIL TO BE HELD ON AUGUST 28, 2003 COUNCIL CHAMBERS ~L~~~ ~, l-~ ~-ti~ti'~~1~' C, 10:00 A.M. ~• 1 11330 BULLIS ROAD, LYNWOOD, CA 90262 FERNANDO PEDROZA MAYOR RAMON ROORIGUEZ LOUIS BYRD MAYOR PRO-TEM COUNCILMEMBER ARTURO REYES PAUL H. RlCHARDS, II COUNCILMEMBER COUNCILMEMBER CITY ATTORNEY CITY MANAGER JAMES CASSO LORRY HEMPE CITY CLERK CITY TREASURER ANDREA L. HOOPER IRIS PYGATT OPENING CEREMONIES 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS LOUIS BYRD ARTURO REYES PAUL H. RICHARDS, II RAMON RODRIGUEZ FERNANDO PEDROZA 4. PLEDGE OF ALLEGIANCE 5. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY LYNWOOD UTILITY AUTHORITY 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 IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54950-54962, Part III, Paragraph 5.) DISCUSSION ITEMS 6. GENERAL PLAN AMENDMENT NO. 2003-02 LYNWOOD GENERAL PLAN UPDATE & FINAL ENVIRONMENTAL IMPACT REPORT Comments: To have the City Council consider the Lynwood General Plan Update and Final Environmental Impact Report. Recommendation: Staff recommends that the City Council review and discuss the Lynwood General Plan Update and Final Environmental Impact Report and direct staff accordingly for the continued public hearing on September 2, 2003. 7. SUBJECT: AB 939 COMPLIANCE ORDER Comments: On August 26, 2003, staff met with representatives of the California Integrated Waste Management Board to discuss the AB 939 compliance order. The main subject of the meeting was to comply with the Board's recommendation for the full MRF of the commercial waste services. Staff is working with the Board to reconsider alternate programs to replace the MRF requirement therefore avoid the potential high cost to the business owners. Staff is currently working on an alternate work plan. Staff will meet with the Board representatives on September 22, 2003 to review this plan. Recommendation: Staff recommends for the City Council to receive and file a report from staff. 8. SISTER CITY DONATIONS Comments: The purpose of the item is to have the City Council authorize the City Manager to appropriate funding for the shipment of donated items for the City of Talpa. Recommendation: Staff recommends that the City Council appropriate $16,000 for the shipment of donated items for the City of Talpa. CLOSED SESSION 9. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Ham Park Agency Negotiator: City Council, Staff, City Attorney Negotiating parties: City of Lynwood & Lynwood Unified School District Under negotiation: Price and terms B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Number of Cases: one matter of potential litigation and one matter of potential initiation of litigation. C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 2, 2003 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA DATE: TO: FROM: SUBJECT: PROPOSAL August 28, 2003 Honorable Mayor and Members of the City Council Grant Taylor, Special Assistant/Development Services General Plan Amendment No. 2003-02 Lynwood General Plan & Final Environmental Impact Report To have the City Council consider the Lynwood General Plan Update and Final Environmental Impact Report. PLEASE BRING YOUR 3-RING BINDERS. BACKGROUND Staff has updated the Lynwood General Plan and Land Use Map pursuant to City Council workshops and conceptual approval. A Draft Environmental Impact Report (EIR) was prepared to disclose, analyze and provide mitigation measures for all potentially significant environmental effects associated with the Lynwood General Plan Update and its implementation. The Draft EIR was circulated for the State Mandated 45-day public review period that began May 20, 2003 and ended July 3, 2003. The EIR was distributed to twenty-five (25) State, County and local agencies for review and comments. Three (3) government agencies provided comments on the EIR to include the Southern California Association of Governments (SCAG), the Lynwood Unified School District, and the City of Compton. Pursuant to State Law, the Final EIR contains responses to comments, Mitigation Monitoring Program, and Statement of Facts, Findings and Overriding Conditions. ANALYSIS AND DISCUSSION State Government Code Section 65300 requires municipalities to adopt a comprehensive General Plan. The General Plan is the city's guideline for land use and development for the next twenty (20) years. Due to increased population, changes in land use, technology, demographics and of GENDA factors, the current General Plan is outdated. The General Plan that was adopted in 1 90 ITEM reduced density over a large part of the city in an effort to maintain the single-fa ily character in the City of Lynwood. H:\WORDFILE\PLANNING\STAFFRPT\gpa2003-02.generalplan.council.doc 1 ~ ~. Approximately one-third (1/3) of the City's zoning designations are inconsistent with the general plan land use designations. Pursuant to State Law, whenever a discrepancy exists between the General Plan and zoning designations, the General Plan supersedes. Citizens may own a property that is zoned R-3 (Multiple-Family Residential), in reality have asingle-family residential zoning due to the General Plan designation. Or worse yet, a residentially zoned property may have a commercial General Plan Land Use designation that would make the property nonconforming and prohibit any construction other than maintenance and repairs. In addition, State Law requires that in order for a city to approve a discretionary application, General Plan and zoning designations of the subject property must be consistent. The primary purposes of this General Plan Update is to have consistency between the General Plan Land Use Map and zoning designations, identify new and expanded schools, provide additional open space areas, provide additional housing opportunities, and encourage quality development. The 2003 Lynwood General Plan Update consists of the seven (7) State mandated elements (the Housing Element was previously updated separately) plus three (3) optional elements to include: Land Use Infrastructure/Public Services Economic Development Safety Air Quality Circulation Community Design Noise Open Space & Conservation Housing (previously prepared) Amendments proposed in the Draft General Plan Land Use Map include City Council direction, Planning Commission direction, recently adopted amendments, proposed schools, opportunities for housing, I-105 multi-family residential, and redevelopment projects as follows: • Recent General Plan Amendments (residential, nature park, church); • Schools (Ham Park, Lynwood Plaza, Long Beach/Carlin, Agnes, Lindbergh & Lugo) • I-105 (Century) Freeway Multi-Family Residential • East Long Beach Multi-Family Residential • Atlantic/Elmwood Multi-Family Residential • Specific Plan Areas (Plaza Mexico, Towne Center, West Triangle & Power Center) H:\WORDFILE\PLANNING\STAFFRPT\gpa2003-02.generalplan.council.doc 2 AREAS OF CONCERN Due to direction from the City Council, direction from Planning Commission, and recently proposed projects, the City Council may want to consider amending four (4) Land Use Map designations as follows: 1) South side of Fernwood Avenue between Long Beach Boulevard and Atlantic Avenue: Staff was directed to designate this narrow strip as open space, however, a proposal for thirty-five (35) residences was approved from Bullis Road to Atlantic Avenue. Designate the area Multi-Family Residential for consistency with the housing project. Remember, you can build a park in a residential zone, but you cannot build houses in an open space zone. 2) East side of State Street between Tweedy Boulevard and Long Beach Boulevard. The Planning Commission recommended commercial designation. The City Council directed staff to leave the area Multi-Family Residential. The area has a mixture of residential and commercial uses. The parcels are shallow and not appropriate for a commercial project. Designate area Multi-Family Residential. 3) Triangle area bounded by Long Beach Boulevard, Imperial Highway, California Avenue and the I-105 Freeway. The 2003 Land Use Map designates part of the area as Multi-Family Residential. Is a commercial project feasible in this area? 4) The Lynwood Redevelopment Agency approved design concept of a gas station, mini-mart and restaurant on the west side of Long Beach Boulevard between Lynwood Road and Louise Street. The southwest portion of the project area on Louise should be designated commercial instead of Single-Family Residential. RECOMMENDATION Staff recommends that the City Council review and discuss the Lynwood General Plan Update and Final Environmental Impact Report, and direct staff accordingly for the continued public hearing on September 2, 2003. Attachments: Proposed General Plan Land Use Map Existing 1990 General Plan Land Use Map H:\WORDFILE\PLANNING\STAFFRPT\gpa2003-02.generalplan.council.doc 3 LEGEND __ Single Famlly Resldentlal (R•1) Tormhouse & Cluster (R•2) - Muld• Famlty Resid. (R~ & PRD) - Cammsreial (Ct3.1, C•2, C•ZA, C•9, PCO, HMO) - Industrial (M) - Pubflc Facility (Scholl, Clty, Fire) - Open Space (Parks) - Speddc Plan Area (SPA) Clv~ Center Overlay Area (CCOA) ~~~~~~~ JulylJ.tW9 GENERAL PLAN MAP DATE: August 28, 2003 TO: Mayor and Members of the City Council FROM: Lorry Hempe, City Manager SUBJECT: AB 939 COMPLIANCE ~- PURPOSE: To have the City Council receive and file a report from staff. BACKGROUND: AB 939 requires cities to divert 25% of their solid waste by the year 1995 and 50% by the 2000. The City has implemented various source reduction and recycling programs in order to meet this requirement. However, the City only reached 12% diversion rate, which is short of the required 50% waste diversion rate established by the State. This resulted in a compliance order from the California Integrated Waste Management Board (CIWMB). Representatives from CIWMB have presented the City with recommended work plan (see attachment A). ANALYSIS: On August 26, 2003, staff met with representatives of the Califomia Integrated Waste Management Board to discuss the AB 939 compliance order. The main subject of the meeting was to comply with the CIWMB's recommendation for the full MRF of the commercial waste services. Staff is working with the CIWMB to reconsider alternate programs to replace the MRF requirement therefore avoid the potential high cost to the business owners. Staff is currently working on an alternate work plan. Staff will meet with the CIWMB representatives on September 22, 2003 to review this plan. Given the negotiations with Consolidated Disposal Services, this is an opportunity to ensure that the City's new hauler complies with the AB 939 requirements. Staff is working with the City Attorney and Consolidated Disposal Services to include language for AB 939 compliance. Staff is planning to present the agreed upon AB 939 workplan for the City Council's consideration and approval in the second meeting of October. RECOMMENDATION: Staff recommends for the City Council to receive and file a report from staff. {TEM al Assistance Coordination Work Plan -City of Lynw op rogram and Tasks Agency (bas on c lendar ear Responsible Q1-03 Q2-03 Q3-03 Q4-03 Q1-04 Q2-04 Q3-04 Q4-04. 1) COMMERCIAL SECTOR DIVERSION IMPROVEMENTS A~ ESTABLISH NEW COMMERCIAL FRANCHISE AGREEMENT WITH HAULER PERFORMANCE STANDARDS FOR DIVERSION i. Develop a list of performance standards that the City expects the hauler to meet. Standards will include: diversion of 50% of City's commerciallindustriallmulti-family waste (> 10 units); business technical diversion assistance to promote source separation where feasible; MRF processing of all commercial waste, and transformation of 7,500 tons of residuals from MRF processing or direct haul of "wet" commercial accounts. City ii. Require hauler to submit proposal of specific programs that will meet the City's e; performance standards. The proposal will include a specific plan of how full MRF processing, source separation and transformation programs will be combined to achieve 50 percent overall commercial diversion. CitylHauler iii. Review proposals and formaly select hauler that meets the City's performance standards. CitylHauler iv. Complete implementation of programs CitylHauler v. Monitor hauler performance and take actions as needed to enforce City requirements for F' ' diversion. City ~' vi. Report progress to Board staff on quarterly basis. City B. CONDUCT WASTE ASSESSMENTS OF COMMERCIAL BUSINESSES AND PROVIDE BUSINESS DIVERSION ASSISTANCE I 1 i. Identify City's largest 10 commercial businesses (waste generators) City ii. Develop schedule of waste diversion consultations City iii. Send letter to 10 targeted businesses/ set up appointments City iv. Conduct waste diversion consultations and make diversion recommendations to businesses that encourage participation in services provided by franchise hauler or third party recyclers. City v. Provide business waste diversion resources available through Board (i.e. business kits, case studies and food donation flyerlpamphlet) City vi. Identify potential WRAP award recipients and distribute applications City vii. Report progress to Board staff on quarterly basis City ,• ATT?tcHM~.v~ R P. 2) IMPLEMENT AUTOMATED CURBSIDE RECYCLING AND GREENWASTE COLLECTION PROGRAM i. Develop a list of performance standards that the City expects the hauler to meet. Standards will include implementation of a 2 or 3-bin system for the collection of commingled recyclable materials, greenwaste, and trash. Program must target bath recycling and greenwaste collection and should designed to obtain a diversion rate of at least 30 percent for all residential materials collected. City ii. Require hauler to submit proposal of specific programs that will meet the City's performance standards. City iii. Review proposal and select hauler that meets the City's performance standards. City iv. Purchase and distribute equipment. City and hauler v. Develop and distribute outreach materials. City and hauler vi. Fully implement program to all single family residents and multi-family dwellings of 10 units or less. City and hauler vii. Adjust program infrastructure or increase public education as need in order to maintain adequate participation and contamination levels. City and hauler viii. Report progress to Board staff on quarterly basis. City 3) PROMOTE CONSTRUCTION AND DEMOLITION (C&D) ORDINANCE i. Make available to the public a resource list of existing and potential markets for construction and demolition wastes (concrete, asphalt, woad waste, drywall, etc.). City ii. Revise ordinance to increase project size that is applicable to the ordinance from $50,000 to $100,000, include City street improvement projects, and involve City's plan check approval desk in organizing strategy to administer applicable projects and ensure compliance. iii. Implement revised ordinance City iv. Track project tonnages City v. Perform study to determine the effectiveness of program City vi. Report progress to Board on a quarterly basis City PL 4) EXPAND RESIDENTIAL PUBLIC EDUCATION OF LOCAL DIVERSION PROGRAMS AND EFFORTS (Include Businesses with Automated Collection Services if applicable) , i. Work with hauler to develop and implement bi-lingual promotional campaign to promote participation in all residential diversion programs. Hauler/City ii. Work with hauler to develop initial mailing to customers explaining the transition from current to new program, including a description of program changes, routes, and dates of implementation. HaulerlCity iii. Direct hauler to conduct a minimum of four workshops in English and in Spanish to promote new residential collection system and to discuss materials that can be recycled. HaulerlCity iv. Direct hauler to develop and distribute with containers an instructional package that includes description of available services, appropriate use of containers, customer service schedule, and customer service phone numbers. HaulerlCity v. Provide residents with semi-annual brochures to remind residents of available services, holiday schedules, recycling programs, and customer service information. City ,~~ . vi. Report progress to Board on a quarterly basis City ~ . , 5) ANALYtE DISPOSAL REPORTING City and ~L' :~. i. Identify potential reporting problems and necessary steps to make corrections Board Staff ii. Research local transfer stations, MRF's, regional diversion facilities, landfills and haulers 2002" 2f `' to determine potential corrections to 2001, 2002 and 2003 reported disposal. City AR i. iii. Submit correct information to Board staff on Reporting Year Tonnage Modification Request and Certification City iv. Report progress to Board staff on quarterly basis City ,. ,; ;; 6) DEVELOP AND IMPLEMENT STREET SWEEPINGS DIVERSION i. City will require franchise hauler andlor street sweepings contactor to collect street sweeping debris and determine the best method to divert materials for either alternative daily cover at landfills or transportation to an approved compost facility. CitylHauler ii. Implement program CitylHauler ~3 iii. Report progress to Board on a quarterly basis City _;,~,~ ~; ; C4 '';~ ~. ~: 7) REPORT QUARTERLY AND ANNUALLY , 1. , f ~; k /'~~ i. Submit to the OLA representative a quarterly report that includes the status of ~~ ^ ~ ~ r~ ~" ~~ implementation of all programs identified in this Work Plan. The report shall include any ~ ; ~,~ ~ ~ ~ ~. ' ~ issues that need attention and comments from the City. A single example of all newly ~ s,~ printed educational materials should be included in the quarterly reports with an explanation ~ ~ ~'+ of how the item is distributed. Each quarterly report is due 45 days after the end of the ~ ~~~, ~ . `` calendar quarter. For the first quarterly report only, it will also include progress completed ,; ~~ during all of calendar year 2002 and 2003. City ~~.. ~_ . ii. Complete annual reports and submit to the OLA representative by the deadlines ~` ,: ~ presented each year. City Note: Shadedareas indicatethe reportingperiodfor completionoftasks * Keyto columndates: 1-03 =January 1, 2003 -March 31, 2003 2-03=April 1, 2003- June30, 2003 3-03 =July 1, 2003 - September30, 2003 4-03= October1, 2003- December3l, 2003 1-04 =January 1, 2004- March 31, 2004 2-04=April 1, 2004- June30, 2004 3-04 =July 1, 2004 - September30, 2004 4-04= October1, 2004- December31, 2004 i DATE: August 28, 2003 TO: Mayor & Members of the City Council FROM: Lorry Hempe, City Manager SUBJECT: Sister City Donations PURPOSE: The purpose of the item is to have the City Council authorize the City Manager to appropriate funding for the shipment of donated items for the City of Talpa. COMMENTS: In 1997, the City of Lynwood selected Talpa de Allende, Jalisco Mexico as a Sister City. There have been various activities conducted as part of this endeavor including an annual trip to Talpa, cultural education exchanges and providing various urgent needs to our Sister City. Talpa has recently requested our assistance with various items. Staff has been able to obtain donations from Rehrig Pacific for around 1500 trash containers. In addition, through the assistance of Mr. Herb Childs of Access Community Housing wood stain varnish from the Bear Company has been obtained. The approximate cost to transport each freight container is $4,000. There are a total of 4 containers needed to transport the above mentioned goods. In order to expedite the transporting of these goods, staff is recommending that the City be allowed to pay for the transportation at this time and staff will continue to seek donations to offset the cost. RECOMMENDATION: Staff recommends that the City Council appropriate $16,000 for the shipment of donated items for the City of Talpa. AGEND ITEM