CITY OF LAWNDALE
14717 Burin Avenue, Lawndale, California 90260
Phone (310) 973-3200 – www.lawndalecity.org
AGENDA
LAWNDALE CITY COUNCIL REGULAR MEETING
Monday, October 3, 2022 - 6:30 p.m.
Lawndale City Hall Council Chamber
14717 Burin Avenue
Any person who wishes to address the City Council regarding any item listed on this agenda or any other matter that is within its subject matter jurisdiction is invited, but not required, to fill out a Public Meeting Speaker Card and submit it to the City Clerk prior to the oral communications portion of the meeting. The purpose of the card is to ensure that speakers' names are correctly recorded in the meeting minutes and, where appropriate, to provide contact information for later staff follow-up. You are still eligible to submit comment via the Temporary eComment Policy for Public Meetings, the comments will be read verbatim into the record.
How to observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of the public can now observe the meeting in person, with limited capacity, while strictly adhering to the City Facilities Entry Protocols. Members of the public are still be able to view the meeting on YouTube “Lawndale CityTV”, the City Website, or Lawndale Community Cable Television on Spectrum & Frontier Channel 3.
Copies of this Agenda packet may be obtained prior to the meeting outside of the Lawndale City Hall foyer or on the City Website.
Interested parties may contact the City Clerk Department at (310) 973-3213 for clarification regarding individual agenda items.
This Agenda is subject to revision up to 72 hours before the meeting.
A. CALL TO ORDER AND ROLL CALL
B. CEREMONIALS (Flag Salute and Inspiration)
C. PUBLIC SAFETY REPORT
a. LA County Sherriff’s Department Update
b. LA County Fire Department Update
D. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA (Public Comments) E. COMMENTS FROM COUNCIL
F. CONSENT CALENDAR
Items 1 through 3, will be considered and acted upon under one motion unless a City Councilmember removes individual items for further City Council consideration or explanation.
1. Motion to read by title only and waive further reading of all ordinances listed on the Agenda
Recommendation: that the City Council approve.
2. Accounts Payable Register
Agenda
City Council Regular Meeting
October 3, 2022
Recommendation: that the City Council adopt Resolution No. CC-2210-048 authorizing the payment of certain claims and demands in the amount of $773,165.68
3. Minutes of the Lawndale City Council Regular Meeting – September 19, 2022 Recommendation: that the City Council approve.
G. PUBLIC HEARING
4. Recommendation of Increase to Bail Amounts for Handbill Distribution by Commercial Businesses; approval of Resolution No. CC-2209-047 amending the City's Fine Schedule; introduction and first reading of Ordinance No. 1191-22 amending the Municipal Code penalties for unlawful handbill distribution.
Recommendation: that the City Council (a) introduce, approve, and read by title only (waiving further reading) Ordinance No. 1191-22 to increase penalties for violations of Chapter 8.90 of the Municipal Code; and (b) Approve Resolution No. CC-2209-047 amending the City's Fine Schedule to increase the citation amounts for non-permitted handbill distribution.
H. ADMINISTRATION
5. Update at request of City Council for additional information regarding the use of E-bikes and electronic scooters in the City of Lawndale Recommendation: that the City Council receive and file this report.
6. Update on Enforcement of Noise Violations Due to Modified Vehicle Exhaust Systems
Recommendation: that the City Council receive and file this report.
7. Update on Fireworks Reporting
Recommendation: that the City Council receive and file this report.
8. American Rescue Plan Act funds Use Update
Recommendation: that the City Council provide guidance and direction.
9. Third Amendment to the Contract Services Agreement for Staff Augmentation with W.G. Zimmerman Engineering, Inc.
Recommendation: that the City Council approve the Third Amendment to the Contract Services Agreement with W.G. Zimmerman Engineering, Inc. for 2022 Public Works Department staff augmentation for an amount not-to-exceed of $40,560.
I. CITY MANAGER REPORT
J. ITEMS FROM CITY COUNCILMEMBERS
10. Mayor/City Councilmembers Report of Attendance at Meetings and/or Event K. ADJOURNMENT
Agenda
City Council Regular Meeting
October 3, 2022
The next regularly scheduled meeting of the City Council will be held at 6:30 p.m. on Monday, October 17, 2022, in the Lawndale City Hall Council Chamber, 14717 Burin Avenue, Lawndale, California.
It is the intention of the City of Lawndale to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact the City Clerk Department (310) 973-3213 prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis.
I hereby certify under penalty of perjury under the laws of the State of California that the Agenda for the regular meeting of the City Council to be held on October 3, 2022 was posted not less than 72 hours prior to the meeting.
____________________________________
Cynthia Rodriguez, Administrative Assistant
1 2
MINUTES OF THE
LAWNDALE CITY COUNCIL REGULAR MEETING
September 19, 2022
A. CALL TO ORDER AND ROLL CALL
Mayor Pullen-Miles called the meeting to order at 6:32 p.m. in the City Hall Council Chamber, 14717 Burin Avenue, Lawndale, California.
Councilmembers Present: Mayor Robert Pullen-Miles, Mayor Pro Tem Rhonda Hofmann Gorman, Councilmember Bernadette Suarez, Councilmember Pat Kearney, Councilmember Sirley Cuevas
Other Participants: City Clerk Erica Harbison, City Manager Sean M. Moore, City Attorney Greg Murphy, Assistant City Clerk Yvette Hall, Los Angeles County Sheriff's Department Lieutenant Jose Salgado, Manager of Community Development Jared Chavez, Community Services Director Mike Estes, Municipal Services Director Michael Reyes, Finance Director Hrant Manuelian, Interim Public Works Director Ahmad Ansari
B. CEREMONIALS
Councilmember Cuevas led the flag salute and Pastor Jeffrey M. Lewis with New Antioch Church of God in Christ provided the inspiration.
C. PUBLIC SAFETY REPORT
Los Angeles County Sheriff's Department Lieutenant Salgado summarized the recent law enforcement activities.
Sergeant Ricky Osburn introduced new motorcycle officer, Deputy Rodriguez.
Deputy Edwardo Rodriguez provided background information on his experience with the Los Angeles County Sheriff's Department.
Councilmember Cuevas requested a monthly data report on crimes reported and arrests.
Lieutenant Salgado responded he will provide a monthly crime report.
Mayor Pro Tem Hofmann Gorman commended Los Angeles County Sheriff's Department for locating the vehicle involved in the fatal bicyclist hit and run incident. Mayor Pro Tem Hofmann Gorman spoke about safety concerns with the youth on electric bicycles and spoke about vehicles with loud exhausts. Mayor Pro Tem Hofmann Gorman inquired if the Lawndale Service Station receives reports on the subjects.
Lieutenant Salgado responded the two concerns are important and he will review them further to educate the youth and their parents about riding electric bicycles. Lieutenant Salgado added he is not aware of any reports and noted enforcement can be applied to both matters by the new motorcycle officer.
3 Minutes-City Council Regular Meeting
September 19, 2022
Mayor Pullen-Miles commended Lieutenant Salgado and Los Angeles County Sheriff's Department on the investigated work to locate the vehicle that fled the hit and run incident.
Deputy Edwardo Rodriguez noted Detective Garcia and other deputies were working steadily to gather information.
D. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA (Public Comments) Michelle Pino, Lawndale Library Manager, reported California state park passes are available at the library and commended Councilmember Cuevas for her donation to the Lawndale library for programs.
Elena Meloni, Executive Director of New Star Family Justice Center, provided information on the services the domestic violence agency provides.
Marilyn Sanabria, Program Director of New Star Family Justice Center, provided information on the various services and resources available at New Star Family Justice Center.
Randall Abram, Resident, spoke about the organizations providing late or incomplete fireworks financial reports.
Samuel Cruz, Resident, spoke about his concerns with gang related shootings and graffiti in the City and insufficient surveillance from Los Angeles County Sheriff Deputies. Mr. Cruz reminded all residents to register and vote in the November 8th General Municipal Election.
E. COMMENTS FROM COUNCIL
The City Council responded generally to the public comments.
Councilmember Kearney commended everyone for speaking. Councilmember Kearney inquired if the City can bring on additional Sheriff Deputies.
City Manager Moore responded that the budget has been adopted and there are vacancies within the Sherriff’s Department, however, he will keep the City Council updated on this matter.
Councilmember Kearney inquired if staff is reviewing the financial reports submitted by the fireworks organizations for compliance.
City Manager Moore responded that the Finance Director is completing audits of the fireworks organizations to determine if they comply with the Lawndale Municipal Code.
Councilmember Suarez commended everyone for speaking. Councilmember Suarez requested that the fireworks report forms be updated and that staff provide a training session for the organizations.
Councilmember Cuevas inquired that she would like to know which fireworks organization did not provide financial reports and requested staff to review safety information for e-bikes.
Minutes-City Council Regular Meeting
September 19, 2022
Municipal Services Director Reyes inquired if staff should provide information on scooters as well. Councilmember Cuevas concurred.
Mayor Pro Tem Hofmann Gorman concurred with Mr. Abram’s and Councilmember Suarez comments regarding the firework’s organizations.
Mayor Pullen-Miles commended everyone for speaking. Mayor Pullen-Miles noted he will visit the New Star Family Justice Center.
F. CONSENT CALENDAR
1. Biennial Review of the City’s Conflict of Interest Code Recommendation: that the City Council authorize the City Manager to execute the 2022 Local Agency Biennial Notice no later than October 3, 2022, finding that an amendment is required to the City's Conflict of Interest Code.
2. Accounts Payable Register
Recommendation: that the City Council adopt Resolution No. CC-2209-045 authorizing the payment of certain claims and demands in the amount of $221,183.80
3. Minutes of the Lawndale City Council Regular Meeting – September 6, 2022 Recommendation: that the City Council approve.
A motion by Councilmember Suarez to approve the Consent Calendar was seconded by Councilmember Kearney and carried by a vote of 5-0.
G. ADMINISTRATION
4. Notice of Completion - FY 2020-21 Annual Street Improvements Project (Project No. 2021-7 & 2021-8)
Recommendation: that the City Council a) accept the project completion by Sequel Contractors Inc., for the FY 2020-21 Annual Street Improvements Project (CDBG and SB1 FY 2020-21) and b) authorize staff to file the notice of completion with the Los Angeles County Registrar-Recorder County Clerk's Office for the FY 2020-21 Annual Street Improvements Project.
Interim Public Works Director Ansari provided the staff report for the Notice of Completion - FY 2020-21 Annual Street Improvements Project (Project No. 2021-7 & 2021-8).
A motion was made by Councilmember Kearney to accept the project completion by Sequel Contractors Inc., for the FY 2020-21 Annual Street Improvements Project (CDBG and SB1 FY 2020-21) and authorize staff to file the notice of completion with the Los Angeles County Registrar-Recorder County Clerk's Office for the FY 2020-21 Annual Street Improvements Project. Councilmember Suarez seconded the motion which carried by a vote of 5-0.
5. 2022 Pavement Management Program Update and Presentation Prepared by Bucknam Infrastructure Group, Inc.
Minutes-City Council Regular Meeting
September 19, 2022
Recommendation: that the City Council a) approve the Final Report of the 2022 Pavement Management Program (PMP) Update and b) adhere to the City's goal of achieving a Pavement Condition Index (PCI) of 80 by FY 2027.
Interim Public Works Director Ansari introduced Peter Bucknam of Bucknam Infrastructure Group, Inc. to provide the 2022 Pavement Management Program Update and Presentation.
Peter Bucknam provided the presentation for the 2022 Pavement Management Program Update.
Councilmember Suarez inquired if the City will have to budget annually for the improvements.
Mr. Bucknam responded there are various options for the PCI Budget schedule.
Councilmember Kearney inquired how much would the PCI percent increase by if the alleys are completed at 60.1%.
Mr. Bucknam responded that the PCI would increase by one or two points.
Mayor Pullen-Miles commended the City’s road conditions.
A motion was made by Councilmember Kearney to approve the Final Report of the 2022 Pavement Management Program (PMP) Update and adhere to the City's goal of achieving a Pavement Condition Index (PCI) of 80 by FY 2027. Mayor Pro Tem Hofmann Gorman seconded the motion which carried by a vote of 5-0.
6. Adopt Resolution authorizing a Reward for Information Leading to the Arrest and Conviction of the Criminal Suspect in the August 28, 2022 Fatal Hit-and-Run Traffic Collision in the City of Lawndale
Recommendation: that the City Council a) adopt Resolution No. CC-2209-046 authorizing a reward in an amount up to $10,000 for information leading to the arrest and conviction of the criminal suspect in the August 28, 2022 fatal hit-and-run traffic collision in the City of Lawndale; and b) authorize the Finance Director/City Treasurer to appropriate funds from account number 100-110-540.310 in an amount up to $10,000 to pay such reward as may be appropriate, should a suspect be identified and convicted in this fatal hit-and-run traffic collision, within the requirements and timelines noted in this report and attachments.
City Manager Moore requested to withdraw item No. G6. due to the suspect’s vehicle being discovered.
The City Council reached a unanimous consensus to withdraw item No. G6.
7. Agreement for Geographic Information System (GIS) Services Recommendation: that the City Council approve the agreement with Lightbox.
Manager of Community Development Chavez provided the staff report for the Agreement for Geographic Information System (GIS) Services.
Minutes-City Council Regular Meeting
September 19, 2022
Councilmember Cuevas inquired if there is a fee for the GIS Service.
Manager of Community Development Chavez responded the fee is $17,338 per year and is included in the Contract Services account budget.
A motion was made by Councilmember Cuevas to approve the agreement with Lightbox.
Councilmember Kearney seconded the motion which carried by a vote of 5-0.
8. Revise 2021-2029 General Plan Housing Element Sixth Cycle Resolution as per State Department of Housing and Community Development’s request Recommendation: that the City Council approve revisions to Resolution No. CC-2022- 004 adopting the Sixth Cycle General Plan Housing Element Update with HCD’s required edits.
Manager of Community Development Chavez provided the staff report for the revision of the 2021-2029 General Plan Housing Element Sixth Cycle Resolution as per State Department of Housing and Community Development’s (HCD) request.
City Manager Moore commented that during his long time experience with HCD, this is the first time that this level of review has been done by HCD.
Manager of Community Development Chavez added that there is only one city from the South Bay Cities that has been certified by HCD.
A motion was made by Councilmember Suarez to approve revisions to Resolution No. CC2022-004 adopting the Sixth Cycle General Plan Housing Element Update with HCD’s required edits. Councilmember Kearney seconded the motion which carried by a vote of 5-
0. H. CITY MANAGER REPORT
City Manager Moore spoke about the recent encampment cleanup completed by Caltrans. City Manager Moore indicated that the Governor has lifted the COVID-19 Emergency Executive Orders and, as a result, staff will reach out to the restaurants with outdoor seating areas to request that the outdoor seating be removed by January 31, 2023.
Mayor Pullen-Miles commented the City should consider allowing businesses to retain the outdoor dining areas.
City Manager Moore indicated businesses can request a special use permit for outdoor dining and commented the City is flexible.
Councilmember Cuevas requested staff include the special use permit option on the notice to the businesses.
City Manager Moore responded that the notices will include the alternatives for the businesses.
I. ITEMS FROM CITY COUNCILMEMBERS
Minutes-City Council Regular Meeting
September 19, 2022
9. Mayor/City Councilmembers Report of Attendance at Meetings and/or Events Councilmember Kearney attended one day at the League of California Cities 2022 Annual Conference & Exposition and the Attorney’s Meet and Greet segment.
Councilmember Suarez attended the swearing ceremony for the newly elected Assemblymember for the 62nd District, Tina McKinnor. Councilmember Suarez attended the 8th Annual Environmental Justice Conference hosted by South Coast Air Quality Management District (AQMD).
Councilmember Cuevas attended the League of California Cities 2022 Annual Conference & Exposition and the City of Carson’s Cajun & Blues White Linen Affair Dinner, City Cleanup Day and commended Olga Sierra Gonzalez, Blanca Cueva and the Beautification Committee.
Councilmember Cuevas requested electric mobile signs be used for future advertising.
Councilmember Cuevas requested staff provide a monthly report of the work related to homelessness efforts by staff.
Municipal Services Director Reyes responded that staff will provide a monthly report and he commented that staff helped a homeless woman by calling Projects for Assistance in Transition from Homelessness (PATH) for services.
Councilmember Cuevas requested that councilmembers occasionally attend the Youth Advisory Committee meetings for support and requested a financial report of the American Rescue Plan Act (ARPA) funds.
Mayor Pro Tem Hofmann Gorman attended the League of California Cities 2022 Annual Conference & Exposition, the Attorney’s Meet and Greet segment, the swearing ceremony for the newly elected Assemblymember for the 62nd District, Tina McKinnor, and a meeting with Metro’s Transportation Deputy of the Chair of Metro.
Mayor Pullen-Miles added the City Council is conducting meetings with as many Metro Board Members to voice the City’s concerns regarding the Metro C-Line (Green) Extension to Torrance Project and attended the City of Hawthorne’s Touch A Truck and Children's Book Fair, the League of California Cities 2022 Annual Conference & Exposition, and the swearing ceremony for the newly elected Assemblymember for the 62nd District, Tina McKinnor.
J. CLOSED SESSION
10. Conference with Legal Counsel – Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(4), because the City is considering whether to initiate litigation in one case.
City Attorney Murphy indicated the Closed Session item has been canceled due to insufficient facts needed for a closed session.
K. ADJOURNMENT
Minutes-City Council Regular Meeting
September 19, 2022
There being no further business to conduct, the Mayor adjourned the meeting at 8:11 p.m. _________________________________
Robert Pullen-Miles, Mayor
ATTEST:
_________________________________
Erica Harbison, City Clerk
Approved: / /2022
DATE:
TO:
FROM:
PREPARED BY:
SUBJECT:
BACKGROUND
CITY OF LAWNDALE
14717 BURIN A VENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 + www.lawndalecity.org
October 3, 2022
Honorable Mayor and City Councf /
Sean M. Moore, City Manager�
Michael Reyes, Municipal Services Director 44:--
Recommendation of Increase to Bail Amounts for Handbill Distribution by Commercial Businesses; approval of Resolution No. CC-2209-047 amending the City's Fine Schedule; introduction and first reading of Ordinance No. 1191-22 amending the Municipal Code penalties for unlawful handbill distribution.
In 2021 the City Council approved the use of staff to issue Administrative Citations to residents and businesses that fail to operate in compliance with the Lawndale Municipal Code. The use of Administrative Citations has been very helpful in gaining compliance from violating parties, by giving Municipal Service Staff the ability to issue citations to property and businesses for ongoing violations.
However in the case of some larger companies, the bail amounts are not sufficient enough to gain compliance from corporations that view these citations as a minimal expense, and accept the citations as the cost of doing business.
STAFF REVIEW
Since the introduction of Administrative Citations in 2021, the Municipal Services Department has issued more than one hundred citations for various violations in order to gain compliance from violating parties for all manner of violations. For the most part these citations have been successful in encouraging violating parties to comply with City ordinances, and have also saved the taxpayers money by avoiding costly legal fees associated with criminal prosecutions.
However, for some businesses, violating City ordinances, and absorbing the citation fees, are a sustainable means for them to operate. Businesses that rely on inexpensive advertising such as distributing handbills and leaving flyers on car windshields create a special nuisance for the City as they deposit tens of thousands of flyers, business cards, and handbills into the City which mostly end up in gutters, trash bins or on sidewalks leaving the City to look messy and cluttered.
For this reason, Staff is recommending that the citation bail amounts for businesses that are distributing handbills in the City are increased to an amount that will incite an immediate reaction to cease this practice. Existing bail amounts for first, second, and third offenses are currently at $100, $250, and $500 respectively. Staff is recommending raising these amounts to $500 for the first offense, $750 for the second violation, and $1,000 for the third offense.
4 City Council Meeting October 3, 2022
Recommendation of Increase to Bail Amounts for Handbill Distribution by Commercial Businesses
LEGAL REVIEW
The City Attorney has reviewed the proposed resolution and approves it as to form. The City Attorney understands that the justification for the increased fines is tied directly to the inability of the current fine structure to achieve code compliance from the businesses being fined. The City Attorney further understands that individuals distributing handbills and leaving flyers on car windshields will not be subject to the increased fine structure. For these reasons, the City Attorney believes that the enhanced fine structure is supportable as a necessary means to achieve compliance from the subject businesses.
FISCAL REVIEW
Staff anticipates no added costs for this increase to bail amounts, and expects that these new bail amounts will in fact encourage compliance from larger companies that are illegally engaging in the distribution of handbills while creating a higher return for the City until such time as compliance is reached.
RECOMMENDATION
Staff recommends that the City Council approve this proposed bail amount increase as it applies to companies distributing handbills. Specifically, Staff recommends that the City Council:
1. Introduce, approve, and read by title only (waiving further reading) Ordinance No. 1191-22 to increase penalties for violations of Chapter 8.90 of the Municipal Code; and
2. Approve Resolution No. CC-2209-047 amending the City's Fine Schedule to increase the citation amounts for non-permitted handbill distribution.
The two items require separate motions and separate votes.
Attachments: Ordinance 1191-22
Amendment to Lawndale Municipal Code to Increase Citation Amounts for NonPermitted Handbill Distribution Resolution CC-2209-047
City Council Members Approval of Increase to Citation Amounts for NonPermitted Handbill Distribution 2 SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation and shall post the same at the City Hall, the Lawndale Community Center and the United States Post Office, Lawndale Branch.
PASSED, APPROVED, AND ADOPTED this 3
rd day of October, 2022.
ATTEST:
State of California
County of Los Angeles
City of Lawndale
)
)
)
Robert Pullen-Miles, Mayor
ss
I, Erica Harbison, City Clerk of the City of Lawndale, California, do hereby certify that the City Council duly introduced the foregoing Ordinance No. 1191-22 at its City Council meeting held on the 3 rd day of
October, 2022, and duly approved and adopted said ordinance at its regular meeting held on the 17th day of October, 2022, by the following roll call vote:
Name Voting Present, Not Voting Absent Aye No Abstain Not Participating Robert Pullen-Miles, Mayor
Pat Kearney
Rhonda Hofoiann Gorman, Mayor Pro Tern
Bernadette Suarez
Sirley Cuevas
Erica Harbison, City Clerk Date
APPROVED AS TO FORM:
Gregory M. Murphy, City Attorney
Ordinance No. 1191-22
Amendment to Title 8, Chapter 8.90 - Increase of Penalty Amounts to Businesses for the Distribution of Handbills Without Permission 2
ATTEST:
State of California
County of Los Angeles
City of Lawndale
)
)
)
ss
I, Erica Harbison, City Clerk of the City of Lawndale, California, do hereby certify that the City Council of the City of Lawndale duly approved and adopted the foregoing Resolution No. CC-2209-047 at a regular meeting of said Council held on the 3rd day of October, 2022, by the following roll call vote:
Voting Present, Not Voting Absent
Aye No Abstain Not Patticipating Name
Robert Pullen-Miles, Mayor
Pat Kearney
Rhonda Hofmann Gorman, Mayor Pro Tem
Bernadette Suarez
Sirlev Cuevas
Erica Harbison, City Clerk
APPROVED AS TO FORM:
Gregory M. Murphy, City Attorney
Resolution No. CC-2209-047
Increase to Administrative Citation Fee Issued To Businesses for the Distribution of Handbills Without Permission 2 5
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