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HomeMy Public PortalAboutM 2012-08-21 - CC LYNWOOD CITY COUNCIL REGULAR MEETING August 21, 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 6:05 p.m. Mayor Morton presiding. Council Members Castro, Rodriguez, Santillan -Beas, Alatorre and Morton were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Hernandez. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS /PROCLAMATIONS • A Proclamation in Recognition of 14 Years of Dedicated Service and Operation of the City's Weight Room was presented by the Council to Chester Leroy Lyons. Council Member Castro commented on the importance of physical fitness and thanked Mr. Lyons for his dedication to the City. Mayor Pro Tem Alatorre thanked Mr. Lyons and commented on a future community fitness center. • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues Captain Gooden updated the Council on the inspection of 11298 S. Alameda St. the day prior. He stated that as a result of a search warrant, twenty five pounds and about $3,000 in cash were seized and with the coordinated effort of the Lynwood Code Enforcement department, Sheriff's deputies were able to close the marijuana dispensary before it even opened. He commented on the importance of "see something — do something" in the community and thanked the Council for their partnership. He reported on a burglary on the 3800 block of Platt Ave. in which the suspects were detained and all of the stolen property was recovered. He reported that the crime statistics continue to do well and the department is continuing to focus on vehicle thefts. He stated that all crime is down 14% in the City. He commented on commercial enforcement and introduced the new commercial traffic Deputy. He recognized the Marlins Swimming Club and made a donation in the amount of $500 from the Century Sheriff's Station. Council Member Santillan -Beas thanked the Captain for his work on the marijuana bust and asked if any of the Platt Ave. burglars were Lynwood residents. Captain Gooden responded that none of the four suspects were Lynwood residents and he stated that the Department is 1 trying to be proactive about avoiding home invasion burglaries. Mayor Pro Tenn Alatorre thanked the Captain for his work on the marijuana bust. Council Member Castro thanked the Captain for his quick response and she asked him for his advice on how to prevent a marijuana dispensary from setting up in Lynwood in the future and if the City should sue the business. He stated that the Department would be working with the City Attorney. Council Member Rodriguez thanked the Captain for his quick response and for the excellent job he is doing in the community. Mayor Morton thanked the Captain for his work on keeping drugs out of the community. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Mayor Morton reported attending two Pocket Park Grand Openings on August 20, 2012. Item #7. COUNCIL RECESS TO: CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY 6:37 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) City Clerk Quinonez read a letter submitted by Sylvia Ortiz regarding Item #22A - PUBLIC EMPLOYEE PERFORMANCE EVALUATION. The letter commented on the City Manager's job performance and the expenses paid by the City for the Council and management. Council Member Castro stated that the letter was an opinion and not fact. Irene Garcia commented on Item #11 — CLAIM FOR DAMAGES BY MARIA DE JESUS GARCIA and Item #12 — CLAIM FOR DAMAGES BY IVAN CROSBIE. She stated that the statute of limitation had passed. She stated her disappointment over the City not getting the money back. She also commented on Item #20 — STAFFING AND ORGANIZATIONAL ANALYSIS FOR THE PUBLIC WORKS DEPARTMENT. She asked for documentation showing the City Manager's need for a new chair. She was cut off by Council Member Castro who stated that Item #20 did not have anything to do with the City Manager. Pearline Calderon commented on Item #22A — PUBLIC EMPLOYEE PERFORMANCE EVALUATION. She commented on the duties of the City Manager. She commented on the City's negative bond rating, taxes, and the uncontrollable senior center. She asked the Council to take this performance into consideration. 2 PUBLIC ORAL COMMUNICATIONS Lorene Reed commented on the City Manager's chair purchase. She stated the need to find the facts before throwing stones. She suggested that people stop complaining and start offering suggestions on how to improve the City. Alex Landeros commented on the Marijuana Dispensary on Alameda Street. He stated that the warehouse was never approved by the Planning Commission, although it should have gone through the commission. He also commented on the good work that City Manager Haley has done. He commented on the need for qualified employees. Irene Garcia stated that she mistook Item #20 for Item #22A. She commented on the spending crisis in the City. She commented on the items that the City Manager purchased on his City credit card. She stated that people need to live within their means. She stated that the City was headed towards bankruptcy due to mismanagement. Maria Viera asked for an ordinance regarding dumping furniture and trash in the city. She commented on the need for fines in order to change the behavior of the residents. Antonio Munguia commented on the problem on Imperial and Long Beach Blvd. He stated that he called three Council Members, Deborah Jackson and Dan Ojeda regarding this problem. He also commented on the necessity of alley clean up. Pearline Calderon thanked the volunteers at the National Night Out event and stated that it was one of the best events the City has put together. She thanked Perry, Natalia, Deborah, and all the Block Watch Captains. She submitted her statement to the City Clerk. Council Member Santillan -Beas read a letter which she received in Spanish. The letter complained against a woman who volunteered at an event even though she is not on any club, and asked that rules be respected. The letter stated that people do not feel safe or happy around this woman. The letter also asked that the Council allow them to celebrate the Mexican Fiestas Patrias event and to keep this woman away from the meetings. She asked for a response to her complaint. The letter was signed by 17 people. The letter was submitted to the City Clerk. Frank P. Calderon commented on volunteers in the City and stated that if any person is barred from an event due to their race then that is racism and it is not allowed. Ana Maria Baraza commented on the letter submitted to the Council. She stated that the volunteers who handled the food at National Night Out wore gloves and they were very careful and any problems are due to discrimination. Council Member Castro asked and was granted time to make a statement by Mayor Morton. She clarified that the Council's decision to buy [pads was an economic and 3 environmental decision. She stated that responsible employers should make sure that employees have the necessary tools to perform their job. She commented on State workers compensation laws and stated that she would rather pay for a new chair or desk if it is needed because it is the employer's responsibility to tend to employees who complain about aches. She also reminded everyone that the Senior Center is a public place and no volunteers can be banned from participating in a public forum. She thanked Mr. Munguia for correcting himself. PUBLIC HEARINGS Item #8. PROPERTY NUISANCE ABATEMENT — 2919 POPLAR DRIVE, APN# 6170- 023 -021 City Manager Roger Haley introduced the item regarding the property nuisance abatement at 2919 Poplar Drive, APN #6170- 023 -021. It was moved by Council Member Rodriguez, seconded by Council Member Castro, to open the public hearing. It was moved by Council Member Santillan -Beas to close the public hearing. City Clerk Quinonez announced that Irene Garcia was signed up to speak on this item. Irene Garcia stated that she did not wish to speak on this item. It was moved by Council Member Santillan -Beas, and seconded by Mayor Pro Tem Alatorre, to close the public hearing and approve staff recommendation to adopt the following resolution. RESOLUTION NO. 2012.163 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 2919 POPLAR DRIVE, LYNWOOD, CA AND IDENTIFIED AS TAX ACCESSOR'S BOOK NO. 6170, PAGE 023, PARCEL NO. 021 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: NONE CONSENT CALENDAR Mayor Pro Tem Alatorre pulled Item #19. 4 Council Member Rodriguez pulled Item #11 and Item #12. It was moved by Council Member Rodriguez, seconded by Council Member Santillan- Beas, to approve the consent calendar and receive and file staff reports. Item #9. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — July 17, 2012 Item #10. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2012.164 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #11. Council Member Rodriguez pulled Item #11 — CLAIM FOR DAMAGES BY MARIA DE JESUS GARCIA Council Member Rodriguez commented on the contract with this claimant back in 2003. It was moved by Council Member Rodriguez, seconded by Council Member Castro, to deny the claim. Council Member Castro commented on the claim and claimant and stated that the claim was not factual. City Attorney Fred Galante clarified that each claim would be voted on separately. He also clarified that the motion was to deny the claim and approve the staff recommendation. He also pointed out that the City still maintains a valid judgment against the Chamber of Commerce in the amount of $138,000. AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #12. Council Member Rodriguez pulled Item #12 — CLAIM FOR DAMAGES BY IVAN CROSBIE It was moved by Council Member Rodriguez, seconded by Council Member Castro, to deny the claim and accept the staff recommendation. AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE 5 ABSTAIN: NONE ABSENT: NONE Council Member Castro clarified that they are not talking about the new Greater Lynwood Chamber of Commerce. Item #13. CLAIM FOR DAMAGES BY MARGARITA MARQUEZ Claim denied. Item #14. CLAIM BY OLGA MACHADO ORNELAS FOR PERSONAL AND PROPERTY DAMAGES Claim denied. Item #15. COST ABATEMENT REPORT - 10218 STATE STREET, APN # 6208- 008 -017 RESOLUTION NO. 2012.165 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONFIRMING THE COST ABATEMENT REPORT SUBMITTED FOR 10218 STATE STREET (ASSESSOR PARCEL NO. 6208 - 008 -017), CITY OF LYNWOOD, CALIFORNIA AND DIRECTING THE ASSESSMENT THEREOF Item #16. COST ABATEMENT REPORT - 3148 CARLIN AVENUE, APN # 6176- 002 -006 RESOLUTION NO. 2012.166 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONFIRMING THE COST ABATEMENT REPORT SUBMITTED FOR 3148 CARLIN AVENUE (ASSESSOR PARCEL NO. 6176- 002 -006), CITY OF LYNWOOD, CALIFORNIA AND DIRECTING THE ASSESSMENT THEREOF Item #17. AUTHORIZING THE DIRECTOR OF PUBLIC WORKS /CITY ENGINEER TO PROCESS THE RIGHT -OF -WAY CERTIFICATION FOR THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT (FROM TWEEDY BOULEVARD TO IMPERIAL HIGHWAY) PROJECT NO. 4011.67.993 RESOLUTION NO. 2012.167 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE DIRECTOR OF PUBLIC WORKS /CITY ENGINEER TO SIGN THE RIGHT -OF -WAY CERTIFICATION FORM FOR THE LONG BEACH BOULEVARD PROJECT, FEDERAL PROJECT NO. HPLUL -5250 (023) 6 Item #18. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR NEW CITY HALL AND COUNCIL CHAMBERS BUILDING CONSTRUCTION, PROJECT NO. 4011.67.905 RESOLUTION NO. 2012.168 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE NEW CITY HALL AND COUNCIL CHAMBERS BUILDING COSTRUCTION PROJECT, PROJECT NO. 4011.67.905; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS' ENGINEERING STAFF TO SOLICIT BIDS FROM THE APPROVED LIST OF PREQUALIFIED CONTRACTORS Item #19. Mayor Pro Tem Alatorre pulled Item #19 - CERTIFICATION OF PRE - QUALIFIED LIST OF CONTRACTORS FOR NEW CITY HALL AND COUNCIL CHAMBERS BUILDING IMPROVEMENT PROJECT, PROJECT NO. 4011.67.905 Mayor Pro Tem Alatorre asked staff for a list of the specialty of each pre- approved vendor. Council Member Santillan -Beas asked staff that in the future they provide information about whether or not contractors have done work in the City, and if so, what work they did, the amount of the contract and if there were any change orders. Council Member Castro asked that the materials be provided to Council with enough time to review. It was moved by Mayor Pro Tem Alatorre, seconded by Mayor Morton to approve the staff recommendation and adopt the following resolution. RESOLUTION NO. 2012.169 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CERTIFYING THE PRE - QUALIFIED LIST OF CONTRACTORS FOR THE CONSTRUCTION OF THE NEW CITY HALL AND COUNCIL CHAMBERS BUILDING PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR /CITY ENGINEER TO REQUEST CONSTRUCTION BIDS FROM THE PRE - QUALIFIED CONTRACTORS BIDDERS LIST AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: NONE NEW /OLD BUSINESS Item #20. STAFFING AND ORGANIZATIONAL ANALYSIS FOR THE PUBLIC WORKS DEPARTMENT City Manager Haley introduced the item regarding the staffing and organizational analysis for the Public Works Department. Public Works Director Dan Ojeda gave a report. Council Member Castro thanked Director Ojeda for his work on this item and she stated her main concerns. Council Member Santillan -Beas asked Director Ojeda about the vacancies he wants to fill. Director Ojeda stated that all of the vacancies were approved in the budget. He also asked for two new positions to be funded by the Water Fund. Council Member Castro asked that any supervisor be required to also perform the duties of his staff. It was moved by Mayor Morton to approve Item D. After discussion, Director Dan Ojeda asked for permission to use agency workers while the City conducts the recruitment for the positions. After further discussion, the Mayor's motion died and it was subsequently moved by Council Member Castro to take the item separately, and to begin with taking the original positions discussed back to their original titles and salary and take it to the meet and confer with the bargaining unit. Mayor Pro Tem Alatorre seconded the motion. Mayor Pro Tem Alatorre asked that Director Ojeda present the request for the two new positions to the City Manager for his review before the Council approves any new positions. City Manager Haley clarified that the positions include four Civil Engineering Associates, one Civil Engineering Technician and one Public Works Engineer Manager. City Attorney Fred Galante and Council Member Castro clarified that the motion was to reclassify the positions described by City Manager Roger Haley and Council Member Castro and to go back to the original salaries from 2003, to have the salaries match the actual duties and to have the city meet and confer to achieve these changes. After further discussion, Council Member Castro clarified that the salaries need to reflect what they do and what the title deserves. After further discussion, the roll call on the motion was taken. 8 AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: NONE Council Member Castro made a motion for the vacant positions that were approved in the budget to be filled. She included the Utility Division Water Service Worker, Street Maintenance — Maintenance Worker, and the Landscape Maintenance — Maintenance Worker. Council Member Santillan -Beas asked that preference be given to Lynwood residents. City attorney Fred Galante clarified that Lynwood residents could not be given preference over a more qualified candidate. Council Member Castro stated that she was ok with using agency temporary workers but asked staff to try to re- certify the eligibility list to speed up the recruitment process. Mayor Pro Tem Alatorre seconded the motion. Castro asked staff about the policy she requested regarding staff picking up items without getting a work order first. After discussion by Council, City Attorney Fred Galante recommended that staff come back with a separate agenda item for discussion. Council Member Rodriguez asked the City Manager to bring an item regarding trash /large item pick up by the Public Works department to the following City Council meeting to discuss in full detail. AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21. PARADE FUNDRAISER — CARNIVAL AND CAR SHOW, MARTIN LUTHER KING JR. BLVD. — STREET CLOSURE (BULLIS ROAD TO HULME AVENUE) City Treasurer Edwin Hernandez introduced the item regarding the parade fundraiser — carnival and car show on Martin Luther King Jr. It was moved by Council Member Santillan -Beas, seconded by Council Member Rodriguez, to approve the item. 9 RESOLUTION NO. 2012.170 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE STREET CLOSURE OF MARTIN LUTHER KING JR. BLVD. (BULLIS ROAD TO HULME AVENUE) FOR A CARNIVAL AND CAR SHOW SEPTEMBER 18 -23, 2012 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS /CITY ENGINEERING TO CLOSE THE STREET FOR THIS EVENT AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER CASTRO CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Santillan -Beas asked the Council to consider having the City host an event in partnership with the school district to help students fill out their applications. She stated that she would prepare an agenda item. Mayor Pro Tem Alatorre stated that the City should partner with state legislators as well as the school district for this type of event. Council Member Santillan -Beas also commented on the street by the new park. Director of Public Works Dan Ojeda stated that that street is on the list for street improvement. She commented on the success of movies at the park. She commented on the planning warehouse approval process. She asked that the City consider implementing a Keep Lynwood Clean campaign. Council Member Ramon Rodriguez thanked the Block Watch Captains for their work on the National Night Out event. He commented on the complaints against the City Manager. Council Member Castro commented on the complaints from residents regarding fraud and corruption. She commented on the importance of ergonomic safety. She thanked Mr. Munguia for acknowledging his mistake and for looking for solutions to problems he finds. Mayor Pro -Tem Alatorre thanked the Sheriff's Department, the Business License and Code Enforcement Divisions for their work on shutting down the marijuana dispensary. He commented on the need for City departments to work together instead of to point fingers at each other. He asked for a policy describing each department's duties to make sure that such an incident does not happen in the future. He stated that items that must be approved by the Planning Commission should not be approved by anyone other than the Planning Commission, regardless of postponed meetings. Mayor Morton thanked everyone for attending the meeting and giving their input. He thanked Mark Flores for the tour of the gym. Perry Brents announced that the City is 10 looking for volunteers on Monday, Tuesday and Wednesday to build the new playground. Mayor Morton commented on the difference of opinion on the council and its desire to do what's best for the community. He commented on the difference in pay between the City Clerk, the City Treasurer and the City Council. He asked that an item be placed on the next City Council agenda regarding all credit card receipts having an explanation regarding what they were used for, and that they be put on the agenda so that residents can find out at all times what they are used for. 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 8:31 p.m. The City Council reconvened at 10:15 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #22. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager The City Council held a discussion and no reportable action was taken. B. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Negotiators: HR Director Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association Management Bargaining Group The City Council held a discussion, provided direction and no reportable action was taken. 11 ADJOURNMENT Having no further discussion, it was moved by Council Member Castro, seconded by Council Member Rodriguez, and carried to adjourn the regular Lynwood City Council meeting at 10:16 p.m. J Morton, Ma'or �( aria Quinonez, Cit tier 12