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
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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.
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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
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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.
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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
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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)
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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.
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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.
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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
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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.
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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
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