HomeMy Public PortalAboutM 2012-10-02 - CC LYNWOOD CITY COUNCIL
REGULAR MEETING
October 2, 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 6:04 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
• Freedom from Bullies Week (October 14-20, 2012)
The Council read a Proclamation for Freedom from Bullies Week.
• Great California Shakeout (October 18, 2012) Proclamation
The Council presented the Great California Shakeout Proclamation to
the Fire Department and to the Sheriff's Department.
• Sheriff Captain Joseph M. Gooden — Update on Law Enforcement
Issues
Lieutenant Chavez commended the Fire Department for their great
service. He reported a decrease in crime. He stated that auto thefts
are being monitored and he alerted the public to take precautions to
avoid auto theft. He reported the arrest of eight individuals related to
auto theft. He thanked the City for inviting the Sheriff's Department to
the State of the City Address. Lastly, he stated that Captain Gooden
sent his apologies for missing the meeting.
• City Council Members Reporting on Meetings Attended (Gov. Code
Section 53232.3(D))
Mayor Pro Tem Alatorre reported touring the City Yard to see the
facility and the equipment. He stated that a green memo would be
provided regarding specific issues.
Council Member Castro reported attending a Cal Trans tour the
previous Thursday. She stated that Caltrans needs City Code
Enforcement and Law Enforcement support to deal with graffiti and
homelessness.
Council Member Santillan-Beas thanked staff members Chondra,
Jamel and Perry and other staff members for their help with the State
of the City address.
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Mayor Morton thanked Daniel Baker, Perry Brents, Deborah Jackson,
Mark Flores, Jamel Goodloe, Chondra Handley,,and Natalia Medina for
a great event. He commented on how great the event was.
Item#7. COUNCIL RECESS TO:
CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE
LYNWOOD REDEVELOPMENT AGENCY 6:27 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Alfonso Morales asked the Council to consider allowing his-group-of citizens to rhave.a
rally on October 13th to support schools. He stated that the group would pay any fees
necessary.
Rachel Chavez commented on the proposed school rally: She asked for the Council's
permission to use the park, with all necessary fees paid by the rally organizers.
Harry Gibbens commented on Item #17 — FOURTHi AMENDMENT TO THE CITY
MANAGER'S EMPLOYMENT AGREEMENT. He stated that none of the previous
amendments were included in the staff report.. His interpreter read a letter
recommending against a salary increase for the City Manager. The letter was handed
to the City Clerk.
Leslie Simon commented on Item #17 — FOURTH AMENDMENT TO THE CITY
MANAGER'S EMPLOYMENT AGREEMENT, on behalf of the Lynwood Employees
Association and AFSCME. . She stated that employees are concerned about the
proposed pay increase for the City Manager while staff is 'taking` significant pay
reductions through furloughs. She asked that the City Manager reject the pay increase
as he did previously.
City Clerk Maria Quinonez read an email from Jacky Espinoza to Lieutenant Chavez
thanking him for his support on eradicating the prostitution problem`in the City.
PUBLIC ORAL COMMUNICATIONS
Philip Long stated that there was a group of people going around to all the businesses
on Atlantic Blvd. between Fernwood Ave. and Imperial Hwy, pressuring them. to sell
their property. He asked the Council if the City was going forward with the Angeles Field
project and if they were really taking over private,property.
City Attorney Fred Galante clarified that the City does not have an ,arrangement with
Angeles Fields. He stated that the City sent a letter to community members and to
Angeles fields to clarify this misconception.
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Council Member Castro asked the City Manager to provide Mr. Long with a copy of the
letter given to the Council detailing the facts. She also asked that a letter be mailed out
to all of the businesses in the area.
Arthur Martinez Jr. asked the Council for their help to stop his current eviction. He
commented on being retaliated against by the property management company,for being
a Lynwood Public Safety Commissioner.
Joaquin Mesinas handed copies of a letter to the City Clerk. He commented on the
school district and asked the Council not to approve the school district's request to hold
a rally at the park.
Ricardo Gonzalez commented on a fence in his back alley. He provided photographs to
the City Clerk. He asked for Council's support to remove his neighbor's fence due to
excessive noise and illegal dumping.
Vanessa (last name not given) commented on a ticket she received while picking up her
nieces at school. She asked to speak with a parking enforcement manager to get the
ticket waived.
Antonio Munguia commented on items that are not on the council agenda. He asked
that in the future, all items discussed are added to the agenda. He also commented on
the parking enforcement issue at the schools and asked for cooperation with the school
district to find a solution.
PUBLIC HEARINGS
Item #8. SECOND CONSIDERATION OF AN ORDINANCE REGULATING THE
LICENSURE OF TOBACCO RETAILERS
City Clerk Maria Quinonez introduced the item regarding the second consideration of an
ordinance regulating the licensure of tobacco retailers.
It was moved by Council`Member Rodriguez, seconded by Council Member Castro, to
open the public hearing.
City Attorney Fred Galante announced that a letter was received by the California
Retailers Association expressing concerns regarding the proposed ordinance.
Council Member Castro read the letter in its entirety.
It was moved by Council Member Santillan-Beas, seconded by Council Member Castro,
to open the public hearing.
David Reynoso spoke on behalf of the American Lung Association. He commented on
his passion for public health and the mission of the American Lung Association. He
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stated that Lynwood received an F in 2012 in the category of reducing ,sales' of tobacco
products. He commented on surrounding communities that have implemented
regulations to reduce tobacco consumption. He urged the Council to pass the'strongest
possible tobacco ordinance and stated that the American Lung Association is committed
to working together with the City Council.
Laura Gatecheck stated that she was a public health nurse working in the 'communities
of Paramount, Compton and Lynwood. She commented on the prevalent use of
tobacco products amongst young people. She presented:evidence based on statistics
from the United States Health and Social Services Department. She'commented onrthe,
importance of prevention and thanked the Council for taking preventative'action against
youth access to tobacco products.
Maricruz Sanchez Corbit stated that she was a Lynwood resident and parent. She
commented on the importance of the ordinance and the fact that other.' cities' have
implemented it. She stated that Lynwood has a high youth population and reiterated the
importance of passing the ordinance.
Eduardo Zamora stated that he was a high school student and he urged the.Council to
pass the tobacco ordinance. He commented on the ease of purchasing tobacco
products even though he is underage and he expressed his desire-to keep'his younger
siblings away from readily accessible tobacco products:
Frida Talamantes stated that she was a participant in the Youth Purchaser Survey. in
Lynwood. She provided statistics regarding underage tobacco Use and she=urged the
Council to pass the tobacco ordinance so that kids are not allowed to access tobacco
products.
It was moved by Council Member Castro, seconded by.Council`'Member Rodriguez, to
close the public hearing.
After extensive discussion, it was moved by Council Member Santil Ian-.Beas,- seconded
by Council Member Rodriguez, to approve the staff recommendation to adopt the
following resolution.
Council Member Castro made a subsequent motion to approve the staff
recommendation conditionally with the caveat that information.regarding,the,amount of
additional time training required and overtime required for the administration of this
ordinance be included in a green memo or in the staff report for the next council
meeting and that the City Clerk is on board.
Mayor Morton called for the question after a lack of a second to the subsequent motion.
PROPOSED ORDINANCE NO. 1653 ENTITLED:
AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA,AMENDING THE
LYNWOOD MUNICIPAL CODE BY ADDING .SECTION 4-33 .TO CHAPTER FOUR,
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REGARDING : REGULATIONS AND REQUIREMENTS .FOR THE LICENSURE OF
TOBACCO RETAILERS
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN-BEAS, ALATORRE
AND MORTON
NOES: COUNCIL MEMBER CASTRO
ABSTAIN: NONE
ABSENT: NONE
CONSENT CALENDAR
Council Member Rodriguez pulled Item #11.
Council Member Castro pulled Item #15.
Mayor Morton pulled Item #17.
It was moved by Council Member Rodriguez, seconded by Mayor Morton, to approve
the consent calendar and receive and file staff reports:
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #9. APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2012.183 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
Item #10. ACCEPTANCE OF THE NEW PEDESTRIAN IMPROVEMENT
PROJECT, PROJECT NO. 4011.67.002
RESOLUTION NO. 2012.184 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING
THE NEW PEDESTRIAN IMPROVEMENT PROJECT, PROJECT NO. 4011.67.002, AS
BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE
RECORDATION OF THE NOTICE OF COMPLETION
Item #11. Council Member Rodriguez pulled Item#11 — EMERGENCY REPAIRS
OF 12" WATER MAIN
Council Member Rodriguez asked why this project was not completed by City Staff.
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Public Works Director Dan Ojeda stated that this project was contracted out.because it
was an emergency repair.
It was moved by Council Member Rodriguez, seconded by Council Member Castro, to
approve the staff recommendation and adopt the following resolution.
RESOLUTION NO. 2012.185 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOODAPPROVING
THE EMERGENCY REPAIRS OF THE 12" WATER MAIN_LOCATEDIN'THE,FIRST
ALLEY EAST OF LONG BEACH BOULEVARD BETWEEN MULFORD AVENUE AND
PLATT AVENUE, AND AUTHORIZING THE CITY MANAGER OR.DESIGNEE TO
MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER
AYES: COUNCIL MEMBERS CASTRO, . RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #12. TRAFFIC SIGNAL IMPROVEMENTS PROJECT; 'PROJECT NO.
4011.67.988
RESOLUTION NO. 2012.186 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD . IN
ACCORDANCE WITH THE CITY'S CONTRACT PIGGYBACK. ORDINANCE;
AWARDING A CONTRACT TO STEINY & COMP ANY, INC. IN THE NOT-TO-EXCEED
AMOUNT OF $536,804 FOR THE TRAFFIC. SIGNAL IMPROVEMENT,`PROJECT
PROJECT NO. 4011.67.988; AUTHORIZING STAFF .TO ISSUE `A PURCHASE
ORDER IN THE AMOUNT NOT-TO-EXCEED $85,260'FOR THE PURCHASE OF TEN
332 TRAFFIC SIGNAL CONTROLLER CABINETS AND. APPURTENANCES FROM
THE MANUFACTURER, MCCAIN, INC., AUTHORIZING THE. CITY MANAGER OR
DESIGNEE TO MAKE THE NECESSARY FUND APPROPRIATIONS AND
TRANSFERS AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
AGREEMENT WITH STEINY AND COMPANY, INC. AND PURCHASE ORDER FOR
THE CONTROLLER CABINETS
Item #13. FIVE YEAR REPORTING AND UPDATE OF. CIVIC' 'CENTER/CITY
GARAGE FACILITY IMPACT FEE STUDY
RESOLUTION NO. 2012.187 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN APPROPRIATION AMOUNT NOT TO EXCEED $15,000 FROM FUND 2751
(IMPACT FEE FUND) FOR AN RFP TO PREPARE A FIVE YEAR REPORT
PURSUANT TO SECTION 66000 ET SEQ. OF THE GOVERNMENT CODE AND TO
UPDATE THE CIVIC CENTER/CITY GARAGE FACILITY IMPACT FEE STUDY
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Item #14 ACCEPTANCE OF JOSEPHINE STREET IMPROVEMENT PROJECT,
PROJECT NO. 4011.67.870
RESOLUTION NO. 2012.188 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
CONTRACT CHANGE ORDER NO.1 AND ACCEPTING THE JOSEPHINE STREET
IMPROVEMENT PROJECT, PROJECT NO. 4011.67.870, AS BEING COMPLETE;
AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF
THE NOTICE OF COMPLETION
Item #15. Council Member Castro pulled Item #15 — AGREEMENT TO PROVIDE
MEALS FOR THE SENIOR NUTRITION MEALS PROGRAM
Council Member Castro noted that there were no senior citizens at the council meeting
to complain about the senior meal service.
It was moved by Council Member Castro, seconded by Council Member Rodriguez, to
approve the staff recommendation and adopt the following resolution.
RESOLUTION NO. 2012.189 ENTITLED:
A RESOLUTION OF THE LYNWOOD CITY COUNCIL AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH HSA FOR A
CONTRACT VALUE AMOUNT THAT DOES NOT EXCEED $97,960 FOR FISCAL
YEAR 2012-2013, RENEWABLE ANNUALLY THROUGH FISCAL YEAR 2015-2016,
PROVIDED THAT APPROVAL OF CITY ATTORNEY IS OBTAINED AS TO FORM
PRIOR TO CONTRACT EXECUTION
AY ES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #16. PURCHASES AND SERVICE AGREEMENTS EXECUTED UNDER THE
CITY MANAGER'S $15,000 PURCHASING AUTHORITY FOR THE
PERIOD OF JANUARY 1 THROUGH JUNE 30, 2012
Report received and filed.
Item #17. Mayor Morton pulled Item #17 — FOURTH AMENDMENT TO THE CITY
MANAGER'S EMPLOYMENT AGREEMENT
Mayor Morton commented on the legal liabilities the City would be under if it did not
honor its contracts.
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City Manager Roger Haley read a'statement in which he agreed to a-3%0 salary increase
and a 3% PERS increase, and participation in unpaid furloughs.
It was moved by Mayor Morton, seconded by Council Member Castro to accept the City
Manager's offer.
City Attorney Fred Galante recommended that the Council approve the contract with the
changes volunteered by the City Manager, subject to the City Attorney's approval-=of•the
form of the agreement.
It was moved by Mayor Morton, seconded Council Member Castro,:to approve the
contract with the changes volunteered by the .City Manager, subject to the City
Attorney's approval of the form of the agreement.
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN-BEAS, AND MORTON
NOES: NONE
ABSTAIN: COUNCIL MEMBERS CASTRO AND ALATORRE
ABSENT: NONE
NEW/OLD BUSINESS
Item #18. REPORT ON LEGISLATIVE ADVOCACY GROUP'S SCOPE OF DUTIES
AND GRANT PERFORMANCE
City Manager Roger Haley introduced the item regarding the report on theIegislative
Advocacy Group's scope of duties and grant performance.
It was moved by Council Member Castro, seconded by Council 'Member`Rodriguez; to
receive and file.
AYES: COUNCIL MEMBERS CASTRO, , RODRIGUEZ, SANTILLAN-SEAS;
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE . .
SUBSEQUENT NEED ITEMS
City Attorney Fred Galante announced two proposed subsequent need items.
It was moved by Council Member Castro, seconded by Mayor Pro Tern Alatorre, to add
the Save the Parade 5k Run/Walk Event to the agenda as a subsequent need item.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-SEAS,
ALATORRE AND MORTON
NOES: NONE
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ABSTAIN: NONE
ABSENT: NONE
Item #19. SAVE THE PARADE 5K RUN/WALK EVENT
Director of-Community Services introduced the Save the Parade 5K Run/Walk Event.
It was moved by Council Member Castro, seconded by Council Member Santillan-Seas,
to approve the event without recouping fees.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Attorney Fred Galante introduced the second proposed subsequent need item as a
Yes on K Rally for Saturday, October 13, 2012 at Burke-Ham Park.
It was moved by Council Member Castro to add the item to the agenda.
The main motion died for lack of a second.
It was subsequently moved by Council Member Rodriguez, seconded by Mayor Pro
Tern Alatorre to deny the addition of the item to the agenda.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Santillan-Beas commented on the letter received by the City Clerk and
she read a letter from another resident named Patricia, who thanked the Public Works
and Parks and Recreation departments for installing soap and hand dryers in the ladies
restrooms at the park. She commented on the letter from Ms. Espinoza regarding the
prostitution problem. Lastly, she commented on the City Manager's contract and
commended him for waiving his increase.
Council Member Rodriguez thanked staff for cleaning the empty lot on Phillips and
Lavinia. He commented on the State of the City Address and thanked staff for their
hard work. He commented on the public oral communication regarding lying to
residents regarding the Angeles Field project. He thanked staff for sending out letters to
avoid confusion in the community.
Council Member Castro asked the City Clerk's Office to coordinate with the Code
Enforcement Division regarding the complaint during public oral communications
regarding the illegal fence. She asked that departments include the City Clerk on
information regarding the tobacco ordinance. She commented on the Angeles Field
project and stated that the City Attorney had sent a letter of cease and desist. She
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thanked staff for the tour of the Public Works Department and for all their hard work:'
Lastly, she commended the City Manager and discussed why she abstained:from voting
on his contract.
Mayor Pro Tern Alatorre commented on his abstention on the City Manager's contract
item vote. He commented on the State of the City Address. -He `a"sked'that the azaleas
be trimmed on the walkways. He asked that streets be labeled as east, west, north or
south, when a project completion item is brought to Council: He thanked everyorie,fbr
attending the meeting.
Mayor Morton thanked everyone for attending. He commented on the Mayor's State of
the City Address. He stated that the Council is open and they want the City Clerk's,
Office to be open for any public information that is allowable by law:. He commented:on
putting all financial reports on the City website from 2006 and forward.' He asked.staff
to contact the woman who spoke about the parking ticket.
Director of Community Services and Parks and Recreation .made an:-announcement
regarding the Halloween Dance.
CLOSED SESSION
NONE
ADJOURNMENT ,
Having no further discussion, it was moved by Council Member Rodriguez, seconded by
Council Member.Castro, and carried to adjourn the regular Lynwood. City Council
meeting at 8:14 p.m.
Morton, Mayor Maria Quinonez, ° ity Clerk
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