This 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 SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected]
OR FILL OUT A FORM
PROVIDED AT THE PODIUM, 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
City Council Regular Meeting
TO BE HELD ON
December 6, 2022
COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238
Duly Posted on 12/3/2022 By MQ
6:00 PM
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Jorge Casanova, Mayor
Jose Luis Solache, Mayor Pro Tem
Oscar Flores, Council Member
Marisela Santana, Council Member
Rita Soto, Council Member
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
6. PRESENTATIONS/PROCLAMATIONS
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
City Video(s)
2023 Miss & Mr. Lynwood Court
PUBLIC ORAL COMMUNICATIONS
City Council Regular Meeting - Page 1 of 46
(Regarding Agenda Items Only)
LEGISLATIVE CALENDAR
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
Comments:
A General Municipal Election was held in the City of Lynwood on Tuesday November 8, 2022.
California Elections Code Section 10263 states upon the completion of the official canvass of results by the County, prior to the installation of new officers, the City Council shall adopt a resolution reciting the facts of the election and declaring elected the persons for whom the highest number of votes were case for each office. (CC)
Recommendation:
Staff recommends that the City Council take the following actions:
1 .
Adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD OF NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW"; and
2 .
Receive and file Exhibit "A", Certificate of Canvass and Statement of Votes Cast as provided by the Los Angeles County Registrar-Recorder/County Clerk.
8. SWEARING IN / OUTGOING CEREMONIES
Comments:
1) Council Member
2) Council Member
3) Council Member
Recommendation:
N/A
9. CITY COUNCIL REORGANIZATION
Comments:
City Council to appoint Mayor and Mayor Pro Tem. (CC)
Recommendation:
Staff recommends that the City Council make appointments to Mayor and Mayor Pro-Tem.
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.
10. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated December 06, 2022, FY 2022-23. (FIN)
City Council Regular Meeting - Page 2 of 46
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated December 06,2022 for FY 2022-23.
11. PREVIOUS MEETING MINUTES
Comments:
Approving previous meeting minutes for Lynwood City Council (CC) July 19, 2022 Regular City Council Meeting
Recommendation:
Staff recommends that the Lynwood City Council approve the following minutes:
July 19, 2022 Regular City Council Meeting
12. ADVERTISEMENT OF VACANT CITY TREASURER SEAT
Comments:
The City Treasurer position has become vacant with the election of Gabriela Camacho to City Council. Under Government Code Section 36512(b), the City must either appoint a person or call for a special election to fill the vacancy.
The vacancy commences when the City Treasurer takes oath of office as a Council Member.
However, if the City Council does not appoint a replacement by the 60-day deadline, then it must call a special election to fill the vacancy. (government Code Section 1770, 36512) (CM)
Recommendation:
It is recommended that the City Council of the City of Lynwood open the application process for 30 days and a
ppoint a resident to fill the vacant City Treasurer seat.
13. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
14. STAFF ORAL COMMENTS
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 20, 2022 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
City Council Regular Meeting - Page 3 of 46
Agenda Item # 7.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Silvia Pineda, Assistant to the City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
Recommendation:
Staff recommends that the City Council take the following actions:
1 .
Adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD OF NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW"; and 2 .
Receive and file Exhibit "A", Certificate of Canvass and Statement of Votes Cast as provided by the Los Angeles County Registrar-Recorder/County Clerk.
Background:
A General Municipal Election was held in the City of Lynwood on Tuesday November 8, 2022. California Elections Code Section 10263 states upon the completion of the official canvass of results by the County, prior to the installation of new officers, the City Council shall adopt a resolution reciting the facts of the election and declaring elected the persons for whom the highest number of votes were case for each office Discussion and Analysis:
As a result of said election, the Los Angeles County Registrar-Recorder/County Clerk has canvassed the returns and certified the results as reflected in the attached resolution. Attached to the resolution is Exhibit "A", which will be updated upon receipt of the official ballot count by the Los Angeles County Registrar Recorder's Office on City Council Regular Meeting - Page 4 of 46
Tuesday, December 6, 2022. Exhibit A will represent
the Certificate of Canvass of the Elections Results, providing details with respect to the number of votes cast by precinct, total votes received by individual candidates, and total ballots cast in the election.
Fiscal Impact:
There is no fiscal impact.
Coordinated With:
City Manager's Office
City Attorney
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 5 of 46
Agenda Item # 8.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Silvia Pineda, Assistant to the City Clerk
SUBJECT:
SWEARING IN / OUTGOING CEREMONIES
Recommendation:
N/A
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
N/A
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 6 of 46
Agenda Item # 9.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Shanell Shipe, Assistant to the City Manager
SUBJECT:
CITY COUNCIL REORGANIZATION
Recommendation:
Staff recommends that the City Council make appointments to Mayor and Mayor Pro-Tem.
Background:
Traditionally the City Council reorganizes by nominating and appointing one of its members to serve as Mayor or Mayor Pro-Tem. This process is consistent with Government Code Section 36801, which states, "The City Council shall meet at the meeting at which the declaration of the election results for the General Municipal Election is made pursuant to Sections 10262 and 10263 of the Elections Code and following the declaration of the election results and the installation of elected officials, choose one of its members as Mayor, and one of its members as Mayor Pro Tempore."
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
City Council Regular Meeting - Page 7 of 46
City Attorney
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 8 of 46
Agenda Item # 10.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
Mohammad Islam, Accounting Technician
SUBJECT:
APPROVAL OF THE WARRANT REGISTER
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated December 06,2022 for FY 2022-23.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2022-23
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
WARRANT REGISTER 12-06-2022
RESOLUTIONG LETTER
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RESOLUTION NO. 2022.XXX
Warrant Registers Dated 12-06-2022
PASSED, APPROVED and ADOPTED this 06th day of December_, 2022.
Jorge Casanova, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
City Council Regular Meeting - Page 30 of 46
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 06th day of December, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________
Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2022.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _06th day of December_, 2022.
___________________________
Maria Quiňonez,
City Clerk
City Council Regular Meeting - Page 31 of 46
Agenda Item # 11.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Nancy Blinzler, Office Assistant to the City Clerk
SUBJECT:
PREVIOUS MEETING MINUTES
Recommendation:
Staff recommends that the Lynwood City Council approve the following minutes:
July 19, 2022 Regular City Council Meeting
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
N/A
ATTACHMENTS:
Description
July 19, 2022 City Council Regular Meeting Minutes
City Council Regular Meeting - Page 32 of 46
1 Lynwood City Council Regular Meeting
Meeting Minutes
July 19, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 1350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1 -669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:05 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
STAFF: City Manager Hernandez, City Attorney Tapia, City Treasurer Camacho, and City Clerk Quiňonez
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Flores.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). • City Videos.
• Proclamations.
07. COUNCIL RECESS TO:
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Council Member Soto, seconded by Mayor Pro Tem Solache to recess to the Successor Agency to the Lynwood Redevelopment Agency at 6:36 p.m.
Motion carried by unanimous consent.
City Council Regular Meeting - Page 33 of 46
2 ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Housing Authority
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Santana to recess to the Lynwood Housing Authority at 6:55 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Public Financing Agency
MOTION: It was moved by Council Member Soto, seconded by Council Member Flores to recess to the Lynwood Public Financing Authority at 6:57 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
The City Council reconvened to the regular City Council meeting at 6:59 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Bishop L.T. Guillory spoke in his support of agenda items 14 and 15.
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Maria Arellano, Dolores Aguilar, and Mauricio “Alvin” Medina from St. Francis Medical Center spoke regarding Healthcare Workers Minimum Wage.
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 be removed from the Consent Calendar for separate action.
Council Member Flores pulled items 9 and 10 for separation consideration.
City Council Regular Meeting - Page 34 of 46
3 MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Solache to approve the balance of the consent calendar. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
08. APPROVAL OF THE WARRANT REGISTERS
Approved and Adopted RESOLUTION NO. 2022.228
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED JULY 19, 2022
09. TREASURER'S MONTHLY INVESTMENT REPORT
MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Received and Filed TREASURER'S MONTHLY INVESTMENT REPORT
ENTITLED: TREASURER'S MONTHLY INVESTMENT REPORT
10. APPROVAL OF PAYMENT FOR SERVICES RENDERED TO OPERATIONAL TECHNICAL SERVICES, INC. (OTS) WHICH PROVIDE TEMPORARY STAFF
AUGMENTATION TO WATER DIVISION FOR A NOT -TO-EXCEED AMOUNT OF $16,875
MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.229
City Council Regular Meeting - Page 35 of 46
4 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING PAYMENT FOR SERVICES RENDERED TO OPERATIONAL TECHNICAL SERVICES, INC. (OTS) WHICH PROVIDE TEMPORARY STAFF AUGMENTATION TO WATER DIVISION FOR A NOT-TO-EXCEED AMOUNT OF $16,875
11. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM
Approved and Adopted RESOLUTION NO. 2022.230
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
FINDING THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION, BY
WAY OF A FOUR -FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENC Y
RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM
12. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT WELL NO. 19
Approved and Adopted RESOLUTION NO. 2022.231
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
FINDING THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION, BY
WAY OF A FOUR -FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REHABILITATION ON WELL NO. 19
13. CONSIDERATION OF A RESOULTION PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM, FINDING THAT THE PROCLAIMED STATE OF EMERGENCY CONTINUES
TO IMPACT THE ABILITY TO MEET SAFELY IN PERSON, AND DECLARING THAT
THE CITY COUNCIL AND CITY COMMISSIONS AND COMMITTEES WILL COTINUE TO MEET REMOTELY IN ADHERENECE WITH AB 361 IN ORDER TO ENSURE THE
HEALTH AND SAFETY OF THE PUBLIC
Approved and Adopted RESOLUTION NO. 2022.232
ENTITLED: A Resolution Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom, finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person, and Declaring that the City Council and City Commissions and Committees Will Continue to Meet Remotely in Adherence with AB 361 in Order to Ensure the Health and Safety of the Public
Public Hearing
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open Public Hearing. Motion carried by 5-0 vote.
City Council Regular Meeting - Page 36 of 46
5 ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
14. CONSIDERATION OF ORDINANCE NO. 1748 TO APPROVE A DEVELOPMENT
AGREEMENT (DA) BEETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS,
LLC FOR THE DVELOPMENT OF A NEW, BACK-TO-BACK DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-029- 006
Ordinance First Reading ORDINANCE NO. 1748
John Yonai, Inter im Director of Community Development provided a power point presentation via Zoom along with Senior Planner Alfredo Perez joining at the Council Chamber podium. He also invited the proponent Mark Kudler to address a number of items which may impact the ordinance and therefore he requested to have revisions read into the record. Interim Director Yonai noted that the first item for Council consideration this evening is 11104 and 11106 W right Road which is one of the locations that the proponent Bulletin Board Displays and Mark Kudler have proposed and been working for the past eighteen (18) months which included his involvement in the project beginning in November. He stated that the site plan proposed to allow for an 80-foot tall back-to-back digital billboard and he wants to correct that read as a possible V-shaped back-to-back digital billboard that provides more angular viewing to the freeway and actually sheds light away from potential residential impacts and indicated that the proposed billboard total sign area is approximately 14’ X 48’ or 1 ,350 square feet. He additionally remarked that the proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14- foot sign face and that the applicant is proposing an additional seven (7) feet of height to accommodate the proposed sign’s artwork beyond the sign display. If approved, the sign height will exceed 80 feet in height.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to approve staff’s recommendations. Motion carried by 5-0 vote
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND BULLETIN DISPLAYS, LLC FOR THE DEVELOPMENT OF A NEW, BACK-TO-BACK DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-029-006)
City Council Regular Meeting - Page 37 of 46
6 MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
15. CONSIDERATION OF ORDINANCE N O. 1749 TO APPROVE A DEVELOPMENT
AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND BULLETIN
DISPLAYS, LLC FOR THE DEVELOPMENT OF A NEW, BACK -TO-BACKDIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-031-007
Ordinance First Reading ORDINANCE NO. 1749
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND BULLETIN DISPLAYS, LLC FOR THE DEVELOPMENT OF A NEW, BACK-TO-BACK DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-031-007)
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
City Council Regular Meeting - Page 38 of 46
7 ABSTAIN: NONE
ABSENT: NONE
16. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2022-2023
MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.233
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE
EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2022-2023
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
17. LYNWOOD LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FY 2022-2023
MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations. Motion carried by 5-0 vote.
City Council Regular Meeting - Page 39 of 46
8 ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.234
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022-2023
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
18. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 25 -2001-1 OF CHAPTER 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE AND APPENDIX A TO CHAPTER 25 (USES BY ZONING DISTRICT); AND CONSIDERATION OF AN ORDINANCE ADDING SECTION 35 TO CHAPTER 4 LICENSING AND BUSINESS
REGULATIONS OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE
LICENSING AND REGULATION OF CANNABIS RETAILERS AND ACCOMPANYING AMENDMENTS TO SECTION 34 OF CHAPTER 4 LICENSING AND BUSINESS REGULATIONS OF THE LYNWOOD MUNICIPAL CODE; AND INTENTION TO LEVY
CANNABIS RETAILER BUSINESS LICENSE TAX
Ordinance First Reading RESOLUTION NO. 2022.235 AND ORDINANCE NO. 1750, ORDINANCE NO. 1751, ORDINANCE NO. 1752
City Council Regular Meeting - Page 40 of 46
9 ENTITLED: 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING SECTION 25 -200-1 OF CHAPTER 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE AND APPENDIX A TO CHAPTER 25 (USES BY ZONING DISTICT); and 2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 35 TO CHAPTER 4 LICENSING AND BUSINESS
REGULATIONS OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE
LICENSING AND REGULATION OF CANNABIS RETAILERS IN THE CITY OF LYNWOOD AND ACCOMPANYING AMENDMENTS TO SECTION 34 OF CHAPTER 4 LICENSING AND BUSINESS REGULATIONS OF THE LYNWOOD MUNICIPAL CODE; and 3. AN ORDINANCE OF THE PEOPLE OF THE CITY OF LYNWOOD ENACTING A
CANNABIS RETAILER BUSINESS LICENSE TAX ON THE RETAIL BUSINESS OF
SELLING CANNABIS PRODUCTS TO PROVIDE CITY GENERAL FUND SERVICES
THAT RESIDENTS NEED AND WAN T, INCLUDING BUT NOT LIMITED TO SENIOR
CITIZEN PROGRAMS, CITY BEAUTIFICATION EFFORTS, ENFORCEMENT OF
ILLEGAL CANNABIS OPERATIONS, PUBLIC SAFETY, HOUSING PROGRAMS,
RECREATION SERVICES, INFRASTRUCTURE, HOMELESS REDUCTION AND OTHER CITY EFFORTS and 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD, CALIFORNIA, PLACING A BALLOT MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LYNWOOD AN ORDINANCE NO. 1752 ENACTING A CANNABIS RETAILER BUSINESS LICENSE TAX; SETTING DEADLINES
FOR FILING WRITTEN ARGUMENTS FOR AND AGAINST THE INITIATIVE MEASURE, AND REBUTTALS THEREOF; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND RELATED MATTERS TO SAID MUNICIPAL ELECTION.
After extens ive discussion with the City Attorney regarding revisions to ordinance verbiage the consensus of the Council was to allow a recess for the purpose of incorporating mentioned revisions.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to recess for five minutes at 9:05 p.m. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 9:10 p.m.
City Attorney Tapia presented amended language on Ordinance No. 1751 with the following the remarks he noted for pages 20 and 21: Subject to Chapter 4.35.9: Retail Cannabis Business Permit Term.
New/Old Business
19. APPROVING AN AMENDED AND RESTATED EMPLOYMENT SERVICES
AGREEMENT FOR THE POSITION OF CITY MANAGER
City Council Regular Meeting - Page 41 of 46
10 MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
SUBSEQUENT MOTION: It was moved by Council Member Flores, seconded by Mayor Casanova to approve staff’s recommendations and an amendment to the original motion to include a 5% bonus. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.236
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING AN AMENDED AND RESTATED
EMPLOYMENT SERVICES AGREEMENT FOR THE POSITION OF CITY MANAGER
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores expressed his appreciation by thanking everyone for their participation in the meeting and acknowledged that healthy discussions whether we agree or we disagree are beneficial. He state d that he is very happy and proud to be serving with everyone and remarked that staff just knocks it out of the park every time and he is very appreciative of their outstanding work ethic.
In addition h e made comments concerning representation of personnel employed by Prime Healthcare by mentioning he was watching a You-Tube video and it seemed as it was from Prime Healthcare as he noted that just the way the presentation was put together the music, the imagery and all that reflected money spent, but basically the commercial put everything on this City Council and made it seem that this was already something that was brought forth for consideration to City Council which it has not. He stated that the issue is between private business and their employee association or union matters should be hashed out within those parameters. He voiced that he does not believe th is type of request is something that cities should make a decision on and offered to mediate representing himself and not the City to keep the line of communication open for an interchange of dialogue between both sides towards what could be worked out . He stressed that he hopes his comments are taken into consideration as he emphasized the need to engage in negotiation and not put blame on a body that has not participated in a decision for an industry.
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11 Council Member Flores asserted that this council body makes its decisions with integrity, along with the utmost intentions to best serve the Community and that the decisions are not swayed by anything that may have taken place in the past, such as being offered gifts and receiving gifts, as that is not the core of this body. He emphasized that he is p roud of that fact and proud to serve with his colleagues who are just the epitome of integrity.
Council Member Flores concluded his statements by thanking City Manager Hernandez for his service to the Community and indicated that he has displayed from day one that he is really about this Community as if he grew up here as well as setting a high mark very early on and that year after year continues to impress us.
Council Member Santana expressed gratitude to staff for all of the work that was put into this week's agenda. She noted that a lot of thought goes into dealing with five different personalities and that it can be very frustrating for both our City Attorney and our City Manager to meet people halfway and make sure that whatever is brought forward is something that puts the City first.
She also thanked t he City Manager Hernandez for the work that he is been doing and noted that Council recognizes that he has his plate full and stated that a lot of cities surround us would be very happy to steal him away so she emphasized the need to hold on to him and his integrity and honesty to build the stability that the City needs desperately and divulged she was gratified to support his contract.
Council Member Santana concluded her comments by stating she wanted tell everyone to please keep wearing your masks as Covid finally caught up to her and it hit her like a ton of bricks. She indicated that she was blessed to have gotten the vaccines and the boosters as this illness took so many so many lives.
Council Member Soto thanked staff for their work in preparing this agenda and noted it was kind of a difficult agenda to put it together going back and forth with two awesome items. She also acknowledged the fact that she is an educator and cannot approve something that may impact her students in a negative way.
Council Member Soto recognized City Manager Hernandez for his outstanding service in all that he is arranging for the City. She expressed her hope that he continues supporting the City and Community as Lynwood residents deserve a person that really cares about our community.
Mayor Pro Tem Solache had no further comments for today’s meeting.
STAFF ORAL COMMENTS
City Manager Hernandez expressed his gratitude to the Council. He stated that it has been an absolute pleasure being here a little over a year and that he values what each member of council brings to the table. He indicated he really appreciates the team and especially City Attorney Noel Tapia, who helps him tremendously.
Recreation and Community Services Director Mark Flores announced that LA County Regional Park Open Space District gave a grant to the Department in the amount of $185,000 that will assist in applying for funding out of Measure A and that the money can be used for grant writing, design, community outreach and any other technical assistance that we may need in the development of grant applications.
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12 Director Flores invited the Community to a Red Cross Blood Drive at the Lynwood Community Center on Thursday, September 21st at 9 a.m. to 3 p.m. and noted that on Friday, September 22nd the Movies in The Park program continues every Friday through August 12th. He stated that this week's movie features the classic “Little Giants” and the movie will start at sundown. He encouraged everyone to arrive early to participate in the giveaways and family activities.
He indicated that on Saturday, July 30th there are three events and activities scheduled beginning in the morning where approximately 40 of our youth basketball participants grades three through six will travel to the campus of UCLA for a basketball camp hosted by the men's basketball team and will receive top notch instructions from one of the best programs in the country.
In addition, he stated that on that same day, Saturday, July 30th from 10 a.m. to 3 p.m., the Lynwood Rotary Club is hosting a Warrior Warehouse Collection event that will benefit military families out of Camp Pendleton and will be soliciting donations from the Community of new and gently used toys and clothes for children, gift cards and lightly use household items.
Director Flores concluded his comments noting that Saturday, July 30 th will include a Summer Shopping Pop-up event at Lynwood City Park featuring over 50 small business pop-ups selling everything from clothes to artisanal items and extended an invitation to the Community to come out to enjoy a wonderful summer evening from 4 p.m. to 9 p.m.
He mentioned the event will also feature local entertainment, food trucks and family activities.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Santana, seconded by Council Member Soto to adjourn the regular Lynwood City Council at 9:45 p.m. Motion carried by 5-0 vote.
______________________ ____________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor
/nb
City Council Regular Meeting - Page 44 of 46
Agenda Item # 12.
AGENDA STAFF REPORT
DATE:
December 6, 2022
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Shanell Shipe, Assistant to the City Manager
SUBJECT:
ADVERTISEMENT OF VACANT CITY TREASURER SEAT
Recommendation:
It is recommended that the City Council of the City of Lynwood open the application process for 30 days and a
ppoint a resident to fill the vacant City Treasurer seat.
Background:
The City Treasurer position has become vacant with the election of Gabriela Camacho to the City Council. Under Government Code Section 36512(b), the City must either appoint a person or call for a special election to fill the vacancy:
"If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent."
The vacancy commences when the City Treasurer takes the oath of office as a Council Member. However, if the City Council does not appoint a replacement by the 60-day deadline, then it must call a special election to fill the vacancy. (Government Code Section 1770, 36512).
Discussion and Analysis:
The Lynwood Municipal Code does not lay out an appointment process for filling vacancies in elective offices. However, state law places some limitations on the appointment process. Government Code Section 36502(a) states:
"A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Election Code.
City Council Regular Meeting - Page 45 of 46
"If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant."
Any appointee to the City Treasurer position must be a Lynwood resident and registered to vote in Lynwood. In addition, the Brown Act requires any interviews be conducted by the entire City Council in open session.
Incompatibility of Offices:
It would not be an incompatibility of office of conflict for an employee in Lynwood to also serve as City Treasurer. It is done in a large number of cities throughout the State of California. An incompatibility of office issue arises if a current staff position can be characterized as an "officer' position. An individualized analysis of the employee's job description and classification is required to determine whether the employee may be classified as an "officer".
Other available options:
1. Call for a Special Election
. Staff can reach out to the County to get an estimate on the cost for the special election.
2. Appoint a Resident to be City Treasurer
. City Council could direct that the position be
advertised for 30 days. Applicants could be required to submit a letter of interest, resume, City application and references. City Council could then conduct public interviews and make a selection.
3. Appoint an Employee to be City Treasurer to Fill the Unexpired Term (Two Years) of Elected City Treasurer
. Under this option the City Treasurer's functions
would be consolidated in the Finance Department as is the case in a large number of California cities. An employee, who is a resident of the City, would be appointed City Treasurer to fill the unexpired term of the City Treasurer. This option would provide supervision, management oversight and accountability. The Finance Department estimates the cost savings to be approximately $18,000 per year plus a portion of the department operating costs.
4. Do Option #2 and Option #3 Toqether.
Under this option the City Council could begin
advertising for a resident to fill the position while continuing to consider appointing an employee to fill the unexpired term of the elected treasurer. The City Council would then decide before the end of the 60-day statutory limit whether to appoint an employee or a resident to the position.
It is recommended that the City Council appoint a resident to fill the vacant City Treasurer seat and direct staff to advertise the vacancy for 30 days. Applicants would be required to submit a letter of interest, resume, City application and references. City Council could then conduct public interviews and make a selection at a future meeting that would be held within the 60-day appointment period.
Fiscal Impact:
There is no fiscal impact with making an appointment to the City Treasurer vacancy.
Coordinated With:
City Attorney
ATTACHMENTS:
Description
No Attachments Available
City Council Regular Meeting - Page 46 of 46