The URL can be used to link to this page

Home My Public Portal AboutM 2009-03-03 - CCLYNWOOD CITY COUNCIL REGULAR MEETING MARCH 3, 2009 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:08 p.m. Mayor Santillan presiding. Council Members Castro, Flores, Morton, Rodriguez, and ~., Santillan were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and ~ City Treasurer Alatorre. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS/PROCLAMATIONS • Sheriff Captain James Hellmold -Update on Law Enforcement Issues -Captain Hellmold introduced Lieutenant Mike Rosson as the new Service Area Lieutenant for the City of Lynwood. The Captain Hellmold gave his input on Item #18 of the City Council Agenda. • Garage Conversion Presentation - PowerPoint presentation • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) -Council Member Morton reported on his attendance to the League of California Cities meeting and commented on information provided at the meeting by the County Assessor's Office warning the public about companies that mislead the public by providing false information about reassessing their property value. He also reported on his attendance to the South Bay Cities Council of Government meeting and information that was provided at the meeting regarding the State budget. • Mark Kudler of Bulletin Displays, presented a check to the City of Lynwood in the amount of $100,000, per the agreement between the City of Lynwood and Bulletin Displays. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:33 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Harry Gibbens commented on the closed session item, Redevelopment Agency vs. Angeles Field Partners, LLC. He thought this issue was closed and would like to know if it is an ongoing issue and can it be permanently closed. He thanked the City Council for the building of the sidewalks on Wright Road. He suggested that additional sidewalks are needed on the other side of that street. Paulette Bradley commented on item #13 -CONTRACT EXTENSION AND RFP FOR TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND THE DISABLED. She stated that the Senior Advisory Council has not been included in the RFP discussions. She asked Council to consider including them in the contract discussions in the future. Frank Calderon commented on unprofessional behavior by City staff during the Council meeting. Donna Ferguson commented on the "His Gifts" creative arts program for the mentally disabled. She commented on their upcoming Annual Benefit Concert to be held at Lynwood High School on March 27th at 7:00 p.m. and asked the City Council to support them by attending the event. Spiros Politis commented on the code enforcement issues he is having at his business. He stated that he received a notice indicating he has a banner up on his business but says he does not. Lorene Reed commented on item #13 -CONTRACT EXTENSION AND RFP FOR TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND THE DISABLED. She i is concerned that we need 24 hours service for the seniors. She commented on the current provider and is contend with the service provided Ramon Renteria commented on his non-profit organization, "Compadres de Familia - Aqui Esta Mexico en el Mundo". Asked for Council's support to work together and promote cultural activities. PUBLIC ORAL COMMUNICATIONS NONE PUBLIC HEARINGS Item #8. GENERAL PLAN AMENDMENT NO. 2008-02, AND ZONE CHANGE NO. 2008-03, 10700 ALAMEDA AVENUE, ASSESSOR PARCEL NUMBERS 6170-002-026, 034, 035, 036, 037, 038, 039, 040, 043 It was moved by Council Member Rodriguez, seconded by Council Member Flores, to "~ open the public hearing. Jonathan Colin, Director of Development Services, introduced the item regarding General Plan Amendment No. 2008-02, and Zone Change No. 2008-03, 10700 Alameda Avenue, Assessor Parcel Number 6170-002-026, 034, 035, 036, 037, 038, 039, 040, 043. Irene Garcia commented on Item #8 -She stated, that residents are not against businesses, but have a say so of what they want in their neighborhood and what is in the best interest of their city. She stated that manufacturing does not bring in the revenue but commercial business does. She personally asked Council to think very hard before making any decision. She reminded Council that they work for the people of Lynwood not outside interest groups and that this is a year of elections and it would soon be before them. She stated that on item #8 she was referring to the trucking business now in operation by the name of Pacer International located at 2700 E. Imperial Hwy., which was the same type of business. She stated that the residents deserved better than that proposal and stated the streets would be damaged and we can't afford to repair our own streets. She stated noise and pollution diminish quality of life and asked if Council could approve this with a clear conscience knowing they had Pacer to compare with. She stated that Pacer had been in business over 6 years and that the City of Lynwood had many logged and recorded complaints on file regarding ~1 ambient noise readers, photographs, tremendous noise, broken windows, the dropping of containers, racing disturbing the peace and quiet, diminishing the quality of life and for that reason the residents are against it. She stated that the closest resident is Ms. Mills who lives 5 feet away and is a cancer patient. She stated that on Sections D and F of page 2 of the physical impact report it states that the proposed zone change will not adversely affect surrounding properties. She stated that it will affect surrounding properties because it will block the view, block the airtlow and cause noise and pollution. She went on to say that there has never been any respect for any ordinance let alone hours of operation. Ms. Garcia stated that for the record she was requesting a copy of the permit which Mr. Franco had to have in December of 2008 to sell Christmas trees on his property, yet she was told by staff that there was never any business conducted, yet she tended to differ on that. She stated that she wants residents and children to have a chance to good health, to be able to breathe good clean air, and to have less pollution. She said residents want to improve not regress. She also stated that residents want to have this go into the CUP with GPA, and read, we the undersigned were contacted by Mr. Contreras a representative pertaining to a trucking business at the above mentioned address which is 10700 Alameda, please note that at no time did it mention that these containers, when unloading them they are dropped causing tremendous noise which disturbs the peace and quiet, admonishing the quality of our lives. We #1 are requesting any windows due to this impact caused by the ~ company be repaired no later than 10 days. Any truck that is not a green truck safe for ~ our environment shall have to pay a $500 fine for each and every offense. We have no overnight parking for trucks; we expect absolutely no trucks entering said premises before 7a.m. and no one to be on the premises after 9 p.m. We are requesting no variances be given should this plan be approved. We are requesting compensation for the harm and damages done to area residents impacted by said business. Reference same type of business as Pacer International at 2700 E. Imperial Hwy. She stated that the City has many complaints on file recording of ambient noise meters, photographs, broken windows, disturbing the peace, very loud noise, ground shaking, inability to sleep for over 6 years. People have endured this type of nightmare, to little is one to assist and protect Lynwood residents from outside special interests groups and with regards to item 8, resolution 3226, in the 51 conditions you have for conditional use permit in what way does that protect the health, welfare and public safety and the environment. Section 1 B states that the use will not adversely affect. She asked how is noise beneficial in disturbing the peace and in what way is this beneficial to the residents. She again referenced Pacer International and the complaints for the past 6 years. She stated that noise comes from Jones Lumber as well as Jorgensen Company and that this business would be closer to the residents. Federico Arrellano commented on Item #8 in opposition of the proposed establishment. ~"' He commented the negative impact this business will have on the community. He is j concerned about the noise level and contamination to the quality of life. It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to close the public hearing. After discussion from Council Members, it was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to waive the first reading and introduce the ordinance by title. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING GENERAL PLAN AMENDMENT NO. 2008-02; CHANGING THE GENERAL PLAN DESIGNATION FROM "C-3" (COMMERCIAL) TO "I" (MANUFACTURING), ZONE CHANGE NO. 2008-03; CHANGING THE ZONING DESIGNATION FROM "C-3" (HEAVY COMMERCIAL) TO "M" (MANUFACTURING), IN CONJUNCTION WITH A PROJECT PERMITTING A TRUCK STORAGE FACILTIY, LOCATED AT 10700 ALAMEDA AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6170-002-026, 034, 035, 036, 037, 038, 039, 040, 043, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AYES: COUNCIL MEMBERS CASTRO, FLORES, RODRIGUEZ, AND P'° SANTILLAN NOES: MORTON ABSTAIN: NONE ABSENT: NONE Item #9 GENERAL PLAN AMENDMENT NO. 2008-01, ZONE CHANGE NO. 2008-02 AND TENTATIVE TRACT MAP 2008-01, 4237 IMPERIAL HIGHWAY, ASSESSOR PARCEL NUMBER 6192-023-024 It was moved by Council Member Rodriguez, seconded by Council Member Flores, to open the public hearing. Jonathan Colin, Director of Development Services, introduced the item regarding General Plan Amendment No. 2008-01, Zone Change No. 2008-02 and Tentative Tract Map 2008-01, 4237 Imperial Highway, Assessor Parcel Number 6192-023-024. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to close the public hearing. After discussion from Council Members, it was moved by Mayor Pro Tem Castro, seconded by Member Flores, to waive the first reading and introduce the ordinance by title. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING GENERAL PLAN AMENDMENT NO. 2008-01; CHANGING THE GENERAL PLAN DESIGNATION FROM "R-1" (SINGLE FAMILY RESIDENTIAL) TO "R-3" (MULTI FAMILY RESIDENTIAL), ZONE CHANGE NO. 2008-02; CHANGING THE ZONING DESIGNATION FROM "R-1" (SINGLE FAMILY RESIDENTIAL) TO "PRD" (PLANNED RESIDENTIAL DEVELOPMENT), AND TENTATIVE TRACT MAP 2008-01 IN CONJUNCTION WITH A PROJECT PERMITTING THE DEVELOPMENT OF FIVE (5) DUPLEX'S, TEN (10) CONDOMINIUM UNITS TOTAL, LOCATED AT 4237 IMPERIAL HIGHWAY, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6192-023- 024, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR '~1 i It was moved by Council Member Rodriguez, seconded by Council Member Morton, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2009.033 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #11 Council Member Rodriguez pulled Item #11 -AMENDMENT TO THE AGREEMENT WITH AVANT GARDE AND THE CITY OF LYNWOOD REQUESTING A SECOND EXTENSION FOR THE TERM OF ONE „~ YEAR OF THE EXISTING CONSULTING SERVICES AGREEMENT , RESOLUTION NO. 2009.031 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE LYNWOOD AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN AVANT GARDE AND THE CITY OF LYNWOOD FOR A TERM OF ONE YEAR AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT THEREOF. After discussion, Council Member Rodriguez made a motion to approve the resolution, seconded by Mayor Santillan. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #12 PLAZA MEXICO'S 2009 CALENDAR OF EVENTS Approve Plaza Mexico's calendar of events for the year 2009. Item #13 Mayor Pro Tem Castro pulled Item #13 -CONTRACT EXTENSION AND RFP FOR TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND THE DISABLED RESOLUTION NO. 2009.032 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSAL FOR THE PROVISION OF TRANSPORTATION SERVICES FOR SENIOR CITIZENS AND THE DISABLED AND EXTENDING THE CURRENT MONTH-TO-MONTH AGREEMENT WITH ADMINISTRATIVE SERVICES COOPERATIVE, INCORPORATED, DBA FIESTA TAXI THROUGH MAY 31, 2009. After discussion, Council Member Flores made a motion, seconded by Council Member Morton to bring back the RFP to the next Council meeting with Council's recommendations. Mayor Pro Tem Castro made a subsequent motion, seconded by Council Member ~ Flores, to approve the month to month extension with the current provider, ~ Administrative Services Cooperative, Inc., and have staff return with the revised RFP at the next regularly scheduled Council meeting. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #14 NEIGHBORHOOD STABILIZATION PROGRM Authorize staff to continue working with the cities of South Gate, Huntington Park and Downey to negotiate a joint agreement for the purpose of receiving allocations under the Neighborhood Stabilization Program. Item #15 LOS ANGELES REGIONAL COMMUNICATION SYSTEM Approve participation in the Los Angeles County Regional Interoperable Communications System (LA-RICS). Item #16 CLAIM FOR DAMAGES BY LACY WESTBROOK Reject the claim of Lacy Westbrook v. City of Lynwood and direct staff to send a standard letter of rejection. NEW/OLD BUSINESS Item #17 REVISIT OF FISCAL YEAR 2008-09 MID-YEAR BUDGET REVIEW Mayor Pro Tem Castro made a motion to convene Item #17 of the City Council agenda with Item #2 of the Lynwood Redevelopment agenda, making it a joint meeting, seconded by Council Member Flores. Fred Galante, City Attorney, discussed the item regarding Revisit of Fiscal Year 2008 09 Mid-Year Budget Review. Mayor Pro Tem Castro made a motion to rescind the City Council's prior action and revisit the item, seconded by Mayor Santillan. After discussion from Council Members, it was moved by Mayor Santillan, seconded by ' Mayor Pro Tem Castro, to adopt the resolution. RESOLUTION NO. 2009.034 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2008-09 MID-YEAR BUDGET MODIFICATIONS. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18 CONSIDERATION OF AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED ILLEGAL DRUG AND GANG ACTIVITIES ARE OCCURRING Deborah Jackson, Director of Neighborhood Services, introduced the item regarding the consideration of an ordinance establishing regulations applicable to landlords renting property upon which specified illegal drug and gang activities are occurring. After discussion from Council Members, it was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to waive the first reading and introduce the ordinance by title. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING A NEW SECTION 3-33 RELATING TO NARCOTICS AND GANG RELATED CRIME EVICTION PROGRAM. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19 REQUEST FOR SPECIAL PERMIT - FUNTIME AMUSEMENTS CARNIVAL Roger Haley, City Manager, introduced the item regarding request for special permit - Funtime Amusements Carnival. It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approve staff's recommendation. Approve this request with the following conditions: 1. The applicant must meet the City of Lynwood permit requirements. 2. The applicant agrees to comply with any requirements set forth by the Sheriff Department as well as the Fire Department. 3. The applicant must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code. ~°+ 4. The applicant must agree to comply with any requirements set forth by the L.A. County Health Department. 5. All City of Lynwood fees must be paid in accordance with the current fee schedule. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE COUNCIL ORALS I Mayor Pro Tem Castro, inquired about the deadline for the traffic situation at Washington Elementary. She asked that an update be provided in the green memo. She apologized for her frustration expressed during the public hearing, Item #8. Council Member Morton commented on his experience with the noise issue discussed tonight about semi-trucks. He asked that staff to look into parking permits to allow residents to park on the street in front of their own address/residence. He commented that he receives many complaints from residents that are not able to park in front of their own home because their neighbors have many vehicles and take up all of the street parking. He commented on the Council being here to represent the people -seniors and youth in the community. He thanked the public for coming. Council Member Flores thanked the public for allowing them to serve as their Council. He commented that the decisions made tonight were made are made for a global effect to the City. He is bothered that the public brings up election each time they are not satisfied with an issue. Commented on the current economic situation. He would like to see companies that want to do business in Lynwood hire Lynwood residents first. Mayor Santillan inquired about an ordinance banning pit bulls or specific dog breeds. She commented on imposing a code which would only allow a certain color scheme on residential homes. She commented on a party held in Lynwood this weekend where two individuals were stabbed and the possibility of having the Sheriff's department cite the property owners if the Sheriff has to come out to ask them to quiet down. She thanked Development Services staff for being patient with Council and answering their questions regarding the various code enforcement cases. She thanked Deborah Jackson, for her work as the Sheriff's liaison and commented on the positive changes that have taken place, such as, the successful prostitution march, the installation of the red light cameras, the apartment ordinance. She thanked staff for their hard work. CLOSED SESSION It was moved by Council Member Flores, seconded by Mayor Pro Tem Castro, and carried to recess to closed session at 7:09 p.m. The City Council reconvened at 8:40 p.m. City Attorney Galante stated that the Council met in closed session and with respect to the following matters: Item #20. CLOSED SESSION ITEMS A. 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: Nabar Enrique Martinez, et al. v. City of Lynwood Case No. BC374258 Provided direction, no reportable action taken. 2. Name of Case: Lynwood Redevelopment Agency v. Angeles Field Partners, LLC, et al Case No. BC379877 No reportable action taken. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Two (2) Cases Direction provided, no reportable action taken. 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 No reportable action taken. ADJOURNMENT Having no further discussion, it was moved by Council Member Flores, seconded by Mayor Santillan, and carried to adjourn the regular Lynwood City Council meeting at 8:41 p.m. Maria-- S----antil----Ian, Mayor ~ ~. F Maria Quinonez, City Clerk '~`1 i