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Home My Public Portal AboutM 2012-05-15 - CCLYNWOOD CITY COUNCIL REGULAR MEETING May 15, 2012 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 6:30 p.m. Mayor Morton presiding. Council Members Rodriguez, Santillan -Beas, Alatorre and Morton were present. Council Member Castro was absent. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Hernandez. City Clerk Quinonez affirmed that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS /PROCLAMATIONS • National Public Works Week Proclamation The Council presented Dan Ojeda and Public Works staff with proclamation for National Public Works Week. • 2010 Census Data Presentation by Edgar Salgado Edgar Salgado thanked the City for being a great partner for census 2010. He thanked Deborah Jackson, Roger Haley, and then Mayor Santillan -Beas for their outreach efforts. He presented data from the 2010 Census and American Community Survey. • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues Captain Gooden mentioned an article in the Los Angeles Times which described an increase in the Los Angeles County crime rate and stated that though crime is up in the county, overall crime in Lynwood is down 12 %. He stated that burglaries are down 51%, theft is down 26 %, and grand theft auto is down 22 %. He said that the deputies are working hard to move the City forward. He commented on the importance of the quality of life and what the Sheriff's Department is doing to improve it. He commented on the launch of a new database that will allow him to track crime in real time. He stated that the Tip A Cop fundraiser would take place at the Denny's on Long Beach Blvd. to raise funds for the 999 program benefiting disabled kids. He handed flyers to the City Clerk. He congratulated Detective Steven Velasquez on his promotion to Sergeant. In response to Council Member Santillan -Beas, he stated that the Department is in the process of purchasing a gun sniffing K -9. In response to Mayor Pro Tern Alatorre, he stated that Lieutenant Chavez is discussing K9 options with the Lynwood Unified School District superintendent. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Mayor Pro Tern Alatorre reported attending the COG meeting dealing with environmental issues, on the first Wednesday of the month; a public utilities commission hearing on the second of the month in Bellflower; and to the Water Replenishment District hearing. Mayor Morton reported attending the Pony Dinner along with Council Member Santillan -Beas and City Clerk Quinonez. He commented on the importance of youth programs and commended Director of Community Services and Parks and Recreation, Perry Brents, and his staff for their youth and senior programs. He also reported attending the Cinco de Mayo festival at Plaza Mexico. Item #7. COUNCIL RECESS TO: CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY 7:06 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on Item #9 — LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2012 -2013 and Item #10 — LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2012 -2013. She asked the Council to vote against both items. She also commented on Item #15 — CLAIM FOR DAMAGES BY YOLANDA DELGADILLO. She asked the Council to compensate the full amount. Lastly, she commented on Item #23 — CONSTRUCTION CONTRACT AWARD FOR THE MULFORD AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 4011.67.927. She asked that no change orders be approved. PUBLIC ORAL COMMUNICATIONS Harry Gibbens commented on the budgetary constraints of the City. He asked the Council to not raise taxes and to freeze salaries. He provided a copy of his letter to the City Clerk. Antonio Munguia, gave the Council a thank you letter for supporting Block Watch. He commented on the budget and asked that safety, code enforcement and parking enforcement be considered. He commented on the Park Water Company hearing and asked the Council to help the residents to do something about the proposed rate increase. Joaquin Mesinas commented on the importance of clearing out garage conversions in the City. He handed the City Clerk a newspaper article about a fatality due to an unsafe garage conversion. He asked the Council to have code enforcement conduct garage conversion sweeps. He commented on ways the City can save money. He asked the Council to cut car allowances, discretionary funds and travel funds before cutting services for residents. James Chapman stated that none of the Council Members have returned his call and asked for cooperation from the City Council to find a solution for his business. He commented on his time and dedication to the City and handed photographs to the City Clerk. Lastly, he stated that he received a parking ticket at the last Council Meeting he attended. Mayor Morton asked the City Manager to look into Mr. Chapman's parking ticket Julisa Gomez spoke on behalf of the American Lung Association. She commented on tobacco retail licensing and asked the Council to vote in favor of tobacco retail licensing by bringing the tobacco retail licensing ordinance back for second reading. Wendy Castro commented on retail tobacco licensing and asked for the Council's support of the retail tobacco licensing ordinance. Herbert Goloy stated that he reported trash in the alley between Beechwood and Sanborn to Council Member Rodriguez two weeks prior, yet it still had not been removed. He asked for Council's support in removing the trash. Irene Garcia commented on Item #15 — CLAIM FOR DAMAGES BY YOLANDA DELGADILLO. She asked the Council to honor the claim and reimburse the employee in full. She also requested that the Council invest in a docking system for employees so that everyone is held accountable. Rod White asked that special meetings be held on different days than regular meetings so that they do not interfere with the regular meetings. He thanked the City for the help regarding the Park Water issue. He commented on the attendance at the utility commission public hearing and stated he was disappointed with the resident turnout. He announced that the next meeting would be held July 9 th through July 13 at the Junipero Serra building in Downtown Los Angeles. Frank P. Calderon asked that special meetings not be held before regular meetings because if the meetings are held too early then people cannot attend due to work or other obligations. Paulette Bradley commented on the budget hearing. She stated that as a Personnel Commissioner, she has challenged positions but has been rebuffed. She asked the Council to make the tough decisions to make the cuts needed to bring accountability to the City. City Clerk Quinonez read a note from Hamlet Betsarghez asking the Council to postpone Item #17 because he had an emergency he had to attend to. Fred recommended opening item #17 and taking public comment and then to keep it open and continue it to the next meeting. PUBLIC HEARINGS Item #8. AMENDING THE MUNICIPAL CODE SECTION 4 -8.9 SPECIAL PERMITS (YARD SALES) City Manager Roger Haley introduced the item regarding Amending the Municipal Code Section 4 -8.9 Special Permits (Yard Sales). It was moved by Council Member Santillan -Bess, seconded by Council Member Rodriguez, to open the public hearing. Antonio Munguia stated that he supports staff recommendation because the City needs to do something about the yard sale problem. He suggested that the City increase the permit fee and change the dates from quarterly to twice a year. It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Alatorre, to close the public hearing. It was moved by Council Member Santillan -Beas, seconded by Council Member Rodriguez, to change the permit fee to $10 and to change the yard sale dates to only three times a year in April, August and December. City Attorney Fred Galante suggested that the fee change be handled at a future council meeting through a fee resolution to reflect Council Member Santillan -Bea's fee direction. It was subsequently moved by Council Member Santillan -Beas, seconded by Council Member Rodriguez, to allow yard sales three times a year in April, August and December. PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING THE LYNWOOD MUNICIPAL CODE SECTION 4 -8.9 SPECIAL PERMITS FOR SALE OF PERSONAL PROPERTY IN RESIDENTIAL ZONE OTHERWISE COMMONLY KNOWN AS A "GARAGE SALE ", "YARD SALE AND THE LIKE AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO Item #9. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2012 -2013 City Manager Roger Haley introduced the item regarding the Lynwood Landscape Maintenance Assessment District, FY 2012 -2013. It was moved by Council Member Rodriguez, seconded by Council Member Santillan- Beas, to open the public hearing. It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Alatorre, to close the public hearing. It was moved by Council Member Santillan -Beas, seconded by Council Member Rodriguez, to approve setting the assessment rates, adopt the following resolution and direct staff as to the proposed increase necessary to balance the account. RESOLUTION NO. 2012.092 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 2012- 2013 AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO Item #10. LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2012 -2013 City Manager Roger Haley introduced the item regarding the Lynwood Lighting Assessment District, FY 2012 -2013. It was moved by Council Member Rodriguez, seconded by Council Member Santillan- Beas, to open the public hearing. It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Alatorre, to close the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tern Alatorre, to approve setting the assessment rates, adopt the following resolution and direct staff as to the proposed increase necessary to balance the account. RESOLUTION NO. 2012.093 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 2012 -2013 AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Mayor Pro Tern Alatorre, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO Item #11. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2012.094 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12. AWARD OF PURCHASE ORDERS TO VARIOUS VENDORS RESOLUTION NO. 2012.095 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO INCUR ADDITIONAL EXPENDITURES FOR THE VENDORS LISTED IN THIS RESOLUTION Item #13. APPROVAL TO RENEW THE CONTRACT WITH VASQUEZ & COMPANY LLP TO PROVIDE AUDIT SERVICES FOR THE CITY OF LYNWOOD RESOLUTION NO. 2012.096 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A RENEWAL OF THE CONTRACT WITH VASQUEZ & COMPANY LLP TO AUDIT THE FINANCIAL STATEMENTS OF THE CITY OF LYNWOOD FOR THE FISCAL YEAR ENDED JUNE 30, 2012 AT A NOT TO EXCEED AMOUNT OF $70,000, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND THE ENGAGEMENT LETTER Item #14. Mayor Pro Tern Alatorre pulled Item #14 — APPROVING A ONE -YEAR EXTENSION TO THE AGREEMENT BETWEEN THE CITY AND CITY OF INGLEWOOD TO PROVIDE PARKING CITATION AND COLLECTION SERVICES AND AUTHORIZATION TO ISSUE RFP FOR PARKING AND CITATION SERVICES Mayor Pro Tern Alatorre stated that residents should not have to pay for the company's deficiency. After discussion by Council, it was moved by Mayor Pro Tern Alatorre, seconded by Council Member Santillan -Bess, to approve the staff recommendation to adopt the following resolution. RESOLUTION NO. 2012.097 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE CITY OF INGLEWOOD TO PROVIDE PARKING CITATION SERVICES AND COLLECTION SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT TO AVOID INTERRUPTION OF SERVICES; AND AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSAL TO ENSURE THAT THE CITY RECEIVES THE MOST COST EFFECTIVE PARKING COLLECTION AND CITATION PROCESSING SYSTEM Item #15. Council Member Rodriguez pulled Item #15 — CLAIM FOR DAMAGES BY YOLANDA DELGADILLO Council Member Rodriguez stated that the City should do what is fair and pay the entire amount due. After discussion by Council, it was moved by Mayor Pro Tern Alatorre, seconded by Mayor Morton, to reimburse the money to the resident that was overpaid completely in cash. After further discussion by Council, roll call was taken AYES: COUNCIL MEMBERS RODRIGUEZ, ALATORRE AND MORTON NOES: COUNCIL MEMBER SANTILLAWBEAS ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO Item #16. SUMMER FOOD SERVICE AGREEMENT RESOLUTION NO. 2012.098 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD UNIFIED SCHOOL DISTRICT TO PROVIDE MEALS FOR THE SUMMER FOOD SERVICE PROGRAM Item #17. Item #17 was moved to the Public Hearing section of the agenda - APPEAL NO. 2012 -01, 3500 MARTIN LUTHER KING JR. BLVD. City Attorney Fred Galante announced that this item was erroneously included in the Consent Calendar portion of the agenda but is a public hearing. Mayor Morton moved Item #17 out of Consent Calendar and under Public Hearing. It was moved by Council Member Rodriguez, seconded by Mayor Morton, to open the public hearing. Director of Development Services, Jonathan Colin introduced the item regarding Appeal No. 2012 -01, 3500 Martin Luther King Jr. Blvd. Irene Garcia commented against the proposed recycling center. Antonio Munguia stated that he was opposed to the recycling center and asked the Council to approve the staff recommendation to deny the permit due to the close proximity of schools, churches and residential neighborhoods. Mario Denhov stated that he was against the recycling center and asked the Council to approve the staff recommendation to deny the permit due to the bug infestation problem, and the parking problem. He stated that the bug problem has affected his business negatively. He also stated that the liquor store trucks drive through his parking lot and create potholes. Ernesto Carbona stated that he was opposed to the recycling center because it creates too many bugs and flies and they affect the families that live there. He asked the Council to deny the permit. Samuel Orozco stated that he was opposed to the recycling center because he owns a dry cleaning business and the recycling center brings bug infestation and because people hang out and drink alcohol and leave a big mess. It was moved by Mayor Morton, seconded by Council Member Rodriguez, to close the public hearing. It was moved by Council Member Rodriguez, seconded by Council Member Santillan- Beas, to approve staff recommendation to deny the permit and adopt the following resolution. RESOLUTION NO. 2012.099 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2012 -01 FOR CONDITIONAL USE PERMIT NO. 2012 -02, A REQUEST TO ESTABLISH A SMALL RECYCLING FACILITY AT 3500 MARTIN LUTHER KING JR. BLVD., IN THE C -2 (LIGHT COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO Item #18. CONSTRUCTION CONTRACT AWARD WATER WELL NO. 11 REHABILITATION PROJECT, PROJECT NO. 4011.67.992 RESOLUTION NO. 2012.100 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BEST DRILLING & PUMP, INC. AS THE SOLE RESPONSIBLE BIDDER IN THE AMOUNT OF $140,719 FOR WATER WELL NO. 11 REHABILITATION PROJECT; PROJECT NUMBER 4011.67.992, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFERS Item #19. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE SLURRY SEAL IMPROVEMENTS PROJECT, PROJECT NO. 4011.67.906 RESOLUTION NO. 2012.101 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE SLURRY SEAL IMPROVEMENTS PROJECT, PROJECT NO. 4011.67.906; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS Item #20. CONTRACT EXTENSION FOR NATIONAL CONSTRUCTION RENTALS FOR RENTAL OF TEMPORARY ELECTRICAL EQUIPMENT FOR THE MODULAR OFFICE BUILDING, PROJECT NO. 4011.67.905 RESOLUTION NO. 2012.102 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT AMENDMENT FOR THE RENTAL OF THE ELECTRICAL COMPONENTS FOR THE TEMPORARY MODULAR OFFICE BUILDING WITH NATIONAL CONSTRUCTION RENTALS, PROVIDING A CONTRACT TIME EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT Item #21. CONTRACT EXTENSION TO PACIFIC MODULAR STRUCTURES, INC. FOR RENTAL OF TEMPORARY MODULAR OFFICE BUILDING, PROJECT NO. 4011.67.905 RESOLUTION NO. 2012.103 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT AMENDMENT FOR THE RENTAL OF TEMPORARY MODULAR OFFICE BUILDINGS WITH PACIFIC MODULAR STRUCTURES, INC., PROVIDING UP TO A TWO -YEAR CONTRACT TIME EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT Item #22. AWARD OF PURCHASE ORDERS TO VARIOUS VENDORS AND SUPPLIERS RESOLUTION NO. 2012.104 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ISSUE PURCHASE ORDERS TO VARIOUS VENDORS LISTED IN THIS RESOLUTION Item #23. CONSTRUCTION CONTRACT AWARD FOR THE MULFORD AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 4011.67.927 RESOLUTION NO. 2012.105 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO J.A. SALAZAR CONSTRUCTION & SUPPLY CORPORATION AS THE APPARENT LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT NOT -TO- EXCEED $522,775, FOR THE MULFORD AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 4011.67.927; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER Item #24. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING CHAPTER 2 -1 OF THE LYNWOOD MUNICIPAL CODE TO CHANGE THE REGULAR CITY COUNCIL MEETING TIME AND UPDATE THE COUNCIL REIMBURSEMENT AND COMPENSATION PROVISIONS CONSISTENT WITH PRIOR CITY COUNCIL ACTION ORDINANCE NO. 1651 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING CHAPTER 2 -1 OF THE LYNWOOD MUNICIPAL CODE TO CHANGE THE REGULAR CITY COUNCIL MEETING TIME AND UPDATE THE COUNCIL REIMBURSEMENT AND COMPENSATION PROVISIONS CONSISTENT WITH PRIOR CITY COUNCIL ACTION CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Santillan -Bess asked if the lighting and landscape assessment increase would be added to the 2012 budget. City Manager Roger Haley stated that it would not. She asked that the tobacco item be brought back to the meeting agenda on June 5 She asked staff to take care of the trash in the alley by Sanborn and Beechwood. Lastly, she asked for a special budget meeting prior to the regular June 5 1h council meeting. Council Member Rodriguez reminded everyone to attend council meetings every first and third Tuesday of the month. He commented on the embarrassment of having a resident complain about a service request that he submitted two weeks prior. He asked staff to be more proactive. Mayor Pro Tern Alatorre commented on the budget. He stated that the Council has to look at the big picture. He also commented on properties that are not properly maintained. He said he would give the City Manager a list of those properties. He stated that Code Enforcement should be responsible for identifying properties that put trash on the street. Lastly he commented on the employee reimbursement for the City's mistake. He said that the City needed to do what was fair and pay the money back in cash. Mayor Morton thanked everyone for attending the meeting and for giving their input. He stated that the last thing he wants to do is lay off employees. He said that the problem is that Lynwood does not have as much revenue as other cities do. He said that Lynwood is trying to get a big box retailer to move in. He said that Council will try their best and that's all they can do. CLOSED SESSION NONE ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Santillan -Beas, and carried to adjourn the regular Lynwood City Council meeting at 8:54 p.m. 4 1 Morton, Mayor aria Quinonez, ity Clerk