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Home My Public Portal AboutM 2011-03-15 - CC LYNWOOD CITY COUNCIL REGULAR MEETING March 15, 2011 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 5:09 p.m. Mayor Castro presiding. Council Members Flores, Rodriguez, Santillan, Morton and Castro and 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 • Special Recognition Certificates awarded to the African American Heritage Committee • Proclamation In Memoriam of Joseph Hellmold to be presented to Captain Hellmold • Sheriff Captain James Hellmold — Update on Law Enforcement Issues Captain Hellmold stated that he was appreciative of the Lynwood family being at his father's memorial service. He reported a recent surge in burglaries and robberies in the City of Lynwood as well as in other cities, which has been found to be attributed to the theft of gold. He stated that he is working with the City Manager to resolve the issue but he also warned residents to be aware of their surroundings and to beware of what they wear in public. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Mayor Pro Tem Morton reported attending the Dedication of Meadows Park to Medina Park. He noted that there were a lot of people in attendance and everything looked perFect. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:25 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on Item #15 — CITY OF LYNWOOD POCKET PARKS DESIGN CONTRACT AWARD PROJECT 4011.67.867. She thanked the Council on behalf of the residents for the welcoming sight of the new park. She also commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. She asked why this was necessary and stated that Mr. Alatorre was elected by the voters, not appointed by Council. Antonio Munguia commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. He stated that the City could sit and discuss this item and come up with a good solution. He also commented on Item #22 — CODE ENFORCEMENT DIVISION. He stated that when the code enforcement officers do their garage conversion sweeps, their only priority should be to check to see if the garage has been converted and then leave. He stated that he was speaking on behalf of senior citizens that have spoken to him about this issue in the past. Joaquin Mesinas commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. He stated that something bad could happen if there are too many people allowed to sign checks. Ana Maria Barraza commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. She stated that Mr. Alatorre should stay in charge of the treasury. She also commented on Item #22 — CODE ENFORCEMENT DIVISION. She asked Council to make sure that when code enforcement officers are doing the garage conversion sweep, there is no special consideration given to any particular residents. Maria Luisa Viera commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. She stated that she was in support of City Treasurer Alatorre because the residents elected him and he should be respected as the City Treasurer. She also commented on Item #22 — CODE ENFORCEMENT DIVISION. She stated that there should be no special influences regarding the garage sweep and that every garage should be reviewed fairly. Eddie Hernandez commented on Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS. He stated that if Item #12 passes, then at the next municipal election, the residents should elect three treasurers. He asked Council to just pick one treasurer. PUBLIC ORAL COMMUNICATIONS Sylvia Ortiz stated that it was hypocritical for the Council to attack people with garage conversions. She stated that the Council is giving favors to Mr. Martinez and this is corrupt so she will keep watching them. Pearline Calderon stated that she will not let anyone onto her property without the proper documentation. She stated that she does not mind having code enforcement officers inspect her garage but they must have the proper documentation first. Frank P. Calderon stated that he never got a meeting with Mr. Torrez, as he had requested. He stated that he will not let anyone onto his property without the proper documentation. Alicia Alvarez stated that she is the mother of the murder victim in Lynwood and it has been five months since the murder and she is still waiting to see the surveillance footage. She asked Council to help her get information on where the officer that shot her son has been transferred to. She stated that her family and friends have been harassed by the sheriff's deputies. She stated that she has proof that her daughter was beaten by a police officer. She stated that she is holding a march for her son and for other victims of police brutality. Edith Vargas asked for Council's support in getting her claim approved by the City's insurance company for damage that a city tree did to her house. She stated that she has been treated very badly by the insurance company and does not believe she deserves such poor treatment. Jorge Oseguera asked Council for their support in extending the ice cream truck hours to support the licensed ice cream truck vendors. Joaquin Mesinas stated that most Lynwood employees do a great job but there are some bad employees. He stated that the City lost the Amcal lawsuit because a staff member messed up. He stated that there will be a parking problem at the Amcal development in ten years. He asked Council to hold staff accountable otherwise the City will turn into an organization like LUSD. Irene Garcia stated that the City needs rent control which would help both tenants and owners. She stated that the charges on the warrant run for cell phone services are outrageous and staff and Council should pay for their own service. Alicia Alvarez stated that there was a deputy bothering her daughter right outside of City Hall. Antonio Munguia stated that he wanted to raise awareness of the tragedy in Japan. He stated that Lynwood is not ready for an emergency and the awareness of such a disaster must be raised in the community. PUBLIC HEARINGS Item #8. JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A FIRST AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE, L.P., AND ACCEPTANCE OF THE AMENDED 33433 SUMMARY REPORT Lynwood Redevelopment Director Sarah Magana-Withers introduced the item regarding the joint public hearing to consider the approval of a first amendment to the amended and restated disposition and development agreement by and between the Lynwood Redevelopment Agency and Amcal Park Place, L.P., and acceptance of the amended 33433 summary report It was moved by Mayor Castro, seconded by Mayor Pro Tem Morton, to take item #8 in conjunction with Item #1 of the Lynwood Redevelopment Agency. It was moved by Mayor Castro, seconded by Council Member Santillan, to open the public hearing. Irene Garcia stated that she would like to see an amendment to this project to include at least 10 parking spaces for visitors and guests. Antonio Munguia asked the Council to take the construction on Atlantic and the potential parking problems into consideration. Joaquin Mesinas stated that 150 parking spaces for 99 apartments is not enough. It was moved by Council Member Santiltan, seconded by Mayor Pro Tem Morton, to close the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Morton to approve staff recommendation. RESOLUTION NO. 2011.057 ENTITLED: A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A FIRST AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE, L.P. FOR THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE AND ACCEPTANCE OF THE AMENDED 33433 SUMMARY REPORT AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. ADOPTION OF THE 2010 BUILDING CODES Director of Development Services, Jonathan Colin, introduced the item regarding the adoption of the 2010 building codes. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Morton, to open the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Castro, to close the public hearing and to approve staff recommendation. PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 11 BUILDING AND HOUSING BY AMENDING SECTION 11-1 (BUILDING CODE), SECTION 11-6 (ELECTRICAL CODE), SECTION 11-9 (PLUMBING CODE), SECTION 11-10 (MECHANICAL CODE), SECTION 11-18 (APPENDIX CHAPTER A1 OF THE BUILDING CONSERVATION CODE); AND ADDING SECTION 11-21 (RESIDENTIAL CODE) AND SECTION 11-22 (GREEN BUILDING STANDARDS CODE)". AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Mayor Castro, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10. MINUTES OF THE PREVIOUS MEETINGS: Regular Meeting — March 1, 2011 Item #11. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2011.058 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12. Council Member Flores pulled Item #12 — REQUEST TO SOLICIT BIDS FOR BANKING SERVICE AND ASSIGNING AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER TO ADMINISTER BANKING CONTRACTS Council Member Flores stated that he did not want to waste time on items that Council should not be wasting time on. It was moved by Council Member Flores, seconded by Mayor Castro to approve staff recommendation to solicit bids for banking service and to table the assigning of authority to the City Manager and Assistant City Manager to administer banking contracts. Mayor Castro also asked for a meeting with the City Manager, the Finance Director and the Treasurer's Office in order to clarify the signing authority in preparation of bringing back this item to the next council meeting. Mayor Castro asked City Treasurer Alatorre for a full report on banking fees for the meeting with the City Manager and Finance Director. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, MORTON AND CASTRO NOES: NONE ABSTAIN: SANTILLAN ABSENT: NONE Item #13. PURCHASES OF SUPPLIES, EQUIPMENT OR ROUTINE SERVICES AND CONTRACTS FOR PROFESSIONAL SERVICES EXCEEDING $5,000 EXECUTED UNDER THE CITY MANAGER'S PURCHASING AUTHORITY FROM JULY 1, 2010 THRU DECEMBER 31, 2010 The report was received and filed. Item #14. PROJECT ACCEPTANCE OF YVONNE BURKE — JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC/EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 RESOLUTION NO. 2011.059 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE YVONNE BURKE — JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC/EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945, AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION Item #15. CITY OF LYNWOOD POCKET PARKS DESIGN CONTRACT AWARD PROJECT 4011.67.867 RESOLUTION NO. 2011.060 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONSULTING CONTRACT TO DAVID VOLTZ DESIGN LANDSCAPE ARCHITECTS, INC. IN THE AMOUNT OF NOT-TO-EXCEED $41,690 FOR THE DESIGN OF FOUR (4) POCKET PARKS, PROJECT NO. 4011.67.867, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Item #16. GARAGE DIVISION FUNDING RESOLUTION NO. 2011.061 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE AND TRANSFER $70,000 OF UNAPPROPRIATED GARAGE FUND TO THE GARAGE ACCOUNT Item #17. PREPARATION OF THE 2010 URBAN WATER MANAGEMENT PLAN CONSULTING CONTRACT AWARD RESOLUTION NO. 2011.062 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SA ASSOCIATES IN THE AMOUNT OF NOT-TO-EXCEED $45,000 FOR THE PREPARATION OF THE 2010 URBAN WATER MANAGEMENT PLAN, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER Item #18. Council Member Santillan pulled Item #18 — UPDATE ON LRA BOND SALE AND RELATED FEES Council Member Santillan asked staff to explain this item to the residents. It was moved by Council Member Santillan, seconded by Council Member Flores to approve staff recommendation. RESOLUTION NO. 2011.063 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE ADDITIONAL FEES INCURRED BY THE BOND FINANCING TEAM AS THE RESULT OF THE 2011 LYNWOOD REDEVELOPMENT AGENCY BONDS SALE AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19. Council Member Santillan pulled Item #19 — CONSIDERATION OF A PROPOSAL (REVISED) FROM INTEGRITY WASTE ENVIRONMENTAL CONSULTANTS TO PERFORM A COMPREHENSIVE PERFORMANCE AND FINANCIAL COMPLIANCE EVALUATION OF THE CITY'S FRANCHISE REFUSE AND RECYCLING HAULER After discussion by Council, it was moved by Council Member Santillan, seconded by Council Member Flores, to approve staff recommendation. RESOLUTION NO. 2011.064 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND INTEGRITY WASTE ENVIRONMENTAL CONSULTANTS TO CONDUCT A PERFORMANCE AND FINANCIAL AUDIT OF THE CITY'S WASTE AND RECYCLING CONTRACT AND FINDING THAT ACQUISITION OF SERVICES IS MORE ECONOMICALLY AND EFFICIENTLY EFFECTED THROUGH THE USE OF AN ALTERNATE PROCEDURE AUTHORIZED BY THE LYNWOOD MUNICIPAL CODE AND AUTHORIZING THE APPROPRIATION OF FUNDS TO PAY FOR SAID SERVICES AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE NEWIOLD BUSINESS Item #20. CERTIFICATION, REVIEW, AND GRANTING OF UTILITY USERS' TAX EXEMPTIONS FOR CALENDAR YEAR 2011 City Manager Roger Haley introduced the item regarding the certification, review, and granting of utility users' tax exemptions for calendar year 2011. It was moved by Mayor Castro, seconded by Mayor Pro Tem Morton, to approve staff recommendation. RESOLUTION NO. 2011.065 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CERTIFIED LIST OF UTILITY USERS' TAX EXEMPTIONS FOR THE PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2011, AND GRANTING EXEMPTIONS TO THE INDIVIDUALS ON THE CERTIFIED LISTS AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER FLORES Item #21. VENDOR KIOSKS AND CARTS AT PLAZA MEXICO, 3100 IMPERIAL HIGHWAY Director of Development Services Jonathan Colin introduced the item regarding the vendor kiosks and carts at Plaza Mexico, 3100 Imperial Highway. It was moved by Council Member Santillan, seconded by Council Member Flores to deny the request. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22. CODE ENFORCEMENT DIVISION Director of Development Services Jonathan Colin introduced the item regarding the Code Enforcement Division. It was moved by Council Member Santillan to bring back this item at the next city council meeting, with the option of using city council discretionary funds or other funds to hire two part time code enforcement officers. Mayor Castro amended the motion by also adding parking enforcement officers and then seconded the motion. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE SUBSEQUENT NEEDITEMS City Attorney Fred Galante stated that there was a subsequent need item regarding establishing a housing authority because the City learned today that the legislature may vote on the bill to eliminate redevelopment agencies and the City has run out of time to get a local housing authority approved. It was moved by Mayor Pro Tem Morton, seconded by Council Member Rodriguez, to add the subsequent need item to the City Council agenda. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW City Attorney Fred Galante introduced the item regarding the Resolution of the City Council of the City of Lynwood establishing a housing authority in accordance with the California Housing Authorities Law. It was moved by Mayor Castro, seconded by Mayor Pro Tem Morton, to approve staff recommendation without the stipend. City Attorney Fred Galante clarified that this motion would revise section 8 of the resolution in order to remove the stipend. RESOLUTION NO. 2011.066 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Castro announced that City Council oral communication would be given immediately after the public oral communication. Council Member Flores thanked everyone for attending the meeting, for allowing him to serve on the Council and encouraged everyone to tell people what they saw and heard at the Council meeting. Council Member Santillan stated that the Adolfo Medina Park Dedication was a great event with a great turn out and she thanked staff for doing a great job. She stated that Council should allow the extension of the ice cream truck hours as long as there are a couple of code enforcement officers out a couple nights a week. She stated that she does not like flower, tamale or corn vendors on the street because they take away business from the legitimate tax paying businesses. Mayor Pro Tem Morton thanked everyone for attending the meeting. He stated that Council has difficult decisions to make and a lot of times people don't understand everything. He stated that the City is in a bind because they have to provide the housing and the situation is very complicated. He stated that it was not easy to be on Council. He stated that the Council Members are no different than the residents except that the residents put them up there to make the hard decisions. He stated that he loved the Medina Park and would like to get enough grant money to add a soccer field there. He thanked everyone for attending the meeting. Mayor Castro asked staff to bring the ice cream vendor hours of operation item back to council on the next agenda so that the hours are changed when the daylight savings begins each year. She stated that she called the Medina family and excused herself from the park dedication because she had a death in the family. She stated that the bond money will go to cleaning up Long Beach Blvd, the K&K site, the Alameda triangle and other contaminated areas. She stated that redevelopment funds are meant to clean up blight. She stated that she does not feel like a hypocrite regarding the garage conversion sweep in the City because she knows from firsthand experience that living in a garage is a major safety hazard. She stated that she has a responsibility to advocate for the safety of the community. She thanked everyone for attending the meeting and for their patience with her as she was feeling under the weather. CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss two closed session items on the City Council agenda. The Council recessed to closed session at 7:25 p.m. The City Council reconvened at 8:02 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #23. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case By motion of Council Member Santillan, second by Council Member Rodriguez and carried by a vote of 5-0, the City authorized filing of the claim with the County and entering into a tolling agreement in the form to be approved by the City Attorney. ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores, and carried to adjourn the regular Lynwood City Council meeting at 8:03 p.m. <;%�� Aide Castro, Mayor a a Quinonez, City Clerk