HomeMy Public PortalAboutM 2013-06-18 - CC LYNWOOD CITY COUNCIL
REGULAR MEETING
June 18, 2013
Item #1. CALL TO ORDER
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:08 p.m.
Mayor Alatorre presiding.
Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced that the Agenda had been duly posted in accordance
with the Brown Act.
Item #3. ROLL CALL
PRESENT: COUNCILMEMBERS MORTON, RODRIGUEZ AND ALATORRE
ABSENT: COUNCILMEMBERS CASTRO AND SANTILLAN-BEAS
Staff present: Acting City Manager Sarah Withers, City Attorney Galante, City Clerk
Quinonez and City Treasurer Hernandez.
Item #4. PLEDGE OF ALLEGIANCE
Sheriffs Department Explorers
Item #5. INVOCATION
The invocation was given by Reverend Robert Robinson.
Item #6. PRESENTATIONS/PROCLAMATIONS
• Block Watch Captain Recognition:
Councilmember Morton read the plaque and it was received by Maria Viera. Ms.
Viera thanked Council for the recognition.
Mayor Alatorre read the plaque and it was received by Rod White. Mr. White
thanked Council for the recognition.
• Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues
Captain Gooden also thanked the Block Club for their partnership with the
Sheriff's Department. He stated that the Sheriff's department would not be
successful without the participation of the Block Club members.
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Captain provided an update on the crime stats; there were zero homicides this
week, there was one gang related assault, six robberies, four burglaries, and
nine vehicles were stolen. Additionally the team made twenty three arrests,
recovered one firearm, wrote 14 citations and impounded one vehicle.
Captain stated that the investment in the crime dogs continue to pay dividends
for the City of Lynwood. He explained that as a result of the narcotic seizure, he
presented the City Council with a reimbursement check in the amount of $9,944.
Councilmember Morton commented on his conversation with Sheriff Baca
regarding the graffiti program. Captain Gooden stated that the program is the
PRIDE program which is being reviewed for implementation in Lynwood. He
stated that he would bring back information to the Council at a later date.
• City Council Members Reporting on Meetings Attended (Gov. Code Section
53232.3 (D))
Councilmember Morton stated that Vector Control is alerting everyone on the
Asian Mosquito. However, we are lucky not to have the mosquito in our area.
Item #7. City of Lynwood as the Successor Agency to the Lynwood
Redevelopment Agency.
It was moved by Mayor Pro-Tem Rodriguez, seconded by Councilmember Morton to
recess to the City of Lynwood as the Successor Agency to the Lynwood
Redevelopment meeting at 6:30.
The Council meeting reconvened at 6:34.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Paulette Bradley spoke on item # 25. Ms. Bradley stated that the current Council is
taking giant steps backward from a balanced budget. The two management positions in
Development Services are not necessary. She stated that we are in a budget crisis and
she highly opposes the recommendation for two management positions in Development
Services.
Irene Garcia spoke on item #26. Ms. Garcia asked if the seven cities mentioned were
contacted to inquire if there were any liability issues and if the company is required to
carry liability insurance.
Lorene Reed spoke on item #25. Ms. Reed stated that this item is a law suit waiting to
happen. She stated that staff did not follow any of the layoff procedures. The employee
found out a day before the meeting that she would be laid off. She also asked why did it
take Council to come forth and implement another manager in that Department? She
commented against the recommendation to lay off staff.
City Clerk Quinonez read a letter into the record from a concerned citizen. The letter
stated that the citizen represents other residents and staff members. The Development
Services Department is proposing to hire someone in a position to oversee Building and
Planning. This process is what the previous Council did, which caused them a lot of
trouble. The person who is being given this position does not have any previous
technical experience in Building or planning. They asked that this position be opened to
the public for a more qualified candidate.
PUBLIC ORAL COMMUNICATIONS
Joaquin Mesinas commented on the investigative Report which included interviews from
several employees. He referred to the former Human Resources Director. He
suggested in his interview that the Mayor asked Mr. Mesinas to request Public
Information. Mr. Mesinas stated that he has requested public information for more than
ten years and no one asked him to do it. Additionally, the investigative report is a lie
and it is dividing the community.
Marvin Aces commented on Business License Department not being effective in the
community due to lack of supplies. Mr. Aceves also commented on the cleanliness of
the restroom at City parks and the issue of residents taking their own toilet paper to the
park. Mr. Aceves also stated that he submitted a request for his alley to be cleaned. To
no avail, his request was not taken care of in 72 hours, so he cleaned the alley himself.
Irene Garcia commented on the number of claims from damages regarding trees that
are being placed on every agenda. She stated her concern with the brittleness of the
trees in the city and the process of cutting down trees. Additionally Ms. Garcia stated
that a truck illegally parked on the street and broke tree limbs on April 29th. The City
cleaned up the area; however she has reported that truck on several occasions with no
response prior to this incident.
Maria Viera stated her concern with the brittleness of the trees in the city, stating there
are branches breaking off and the trees need to be trimmed the correct way so this
does not occur.
Frank Calderon expressed his concern with the perception of Lynwood being unsafe by
people in other cities as referenced by an article in the Press Telegram.
Pearline Calderon expressed her concern with the perception of Lynwood being unsafe
by people in other cities as referenced by an article in the Press Telegram. She also
commented on people's opinions of how the Council and staff run the City. She
believes there needs to be change to improve the city.
Lorene Reed expressed her concern for item 25 because the City Manager had not
reviewed it, but it was reviewed by someone sitting in for the City Manager. She also
stated she believed Human Resources needed to be involved in the item as well.
PUBLIC HEARING
Item #8. PROPERTY NUISANCE ABATEMENT - 10768 OSGOOD AVENUE,
APN# 6170-030-015
Rita Manibusan, Development Services Manager, provided a brief report on this
property and the abatement process.
It was moved by Mayor Pro-Tem Rodriguez, seconded by Councilman Morton, to open
the public hearing.
Irene Garcia stated she had seen the pictures of the property listed,in the .item, but she
believes there are other properties in worse conditions in the city that she believes
should be put on the abatement list. She reported those addresses over a year ago:
It was moved by Councilmember Morton, seconded by Councilmember Rodriguez to
approve staff recommendation to adopt the following resolution.
RESOLUTION NO. 2013.083 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 10768 OSGOOD AVENUE, LYNWOOD, CA
AND IDENTIFIED AS TAX ASSESSOR'S BOOK NO. 6170, PAGE 030, PARCEL NO.
015 IN THE CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
It was moved by Councilmember Morton, seconded by Mayor Pro-Tern Rodriguez, to
close the public hearing.
CONSENT CALENDAR
Mayor Pro-Tern Rodriguez asked for items 11, 13, 14, 15 and 16 to be considered
separately.
Mayor Alatorre asked for item 12 to be considered separately.
It was moved by Mayor Pro-Tem Rodriguez, seconded by Council Member Morton to
approve the Consent Calendar items 9, 10, 17, 18, 19, 20, 21 and receive and file staff
reports.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #11. RENEWAL OF CITY'S CONTRACT WITH LEGISLATIVE ADVOCACY
GROUP
Mayor Pro-Tern Rodriguez stated he believes there is a mistake in the item because the
renewal period is for 9 months but in the report covers the period of one year.
City Attorney Galante explained that there is a portion when the legislature is dark.
Therefore, the services would not apply to that period.
Council Member Morton asked that if Legislative Advocacy will be available during the
dark period for the City if necessary. Ms. Withers stated Legislative Advocacy Group
helps out year round with writing grants.
It was moved by Mayor Pro-Tem Rodriguez, seconded by Council Member Morton to
approve item 11 with staff recommendations.
RESOLUTION NO. 2013.085 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD
AND LEGISLATIVE ADVOCACY GROUP, INC. TO CONTINUE TO PROVIDE
PROFESSIONAL ADVOCACY SERVICES FOR THE CITY, COMMENCING ON JULY
1, 2013 AND EXPIRING ON JUNE 30, 2014 FOR A 9-MONTH TERM IN AN AMOUNT
NOT TO EXCEED $27,000
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #12. SELECTION OF A FIRM TO PROVIDE PROFESSIONAL AUDITING
SERVICES FOR THE CITY OF LYNWOOD
Mayor Alatorre stated staff had recommended to continue the contract with the Vasquez
& Company LLP Firm. He stated he would like for Council to table the item until there
was time to see why other firms were not considered for this item. He stated he would
like to receive a list of all the applicants.
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Ms. Withers stated there is a list of the 7 firms in the staff report.
Mayor Alatorre stated he would like the audits to be more thorough, and he would like to
see this firm do a more detailed job.
Councilmember Morton asked if a background check was performed on the 7 firms for
their performance in other cities. Ms. Roberson replied yes.
A representative from Vasquez & Company, greeted the Council and provided brief
introductions.
Councilmember Morton expressed his concern with the communication between the
City and the firm, stating he believed information should be readily available.
It was moved by Mayor Alatorre, seconded by Mayor Pro-Tem Rodriguez, and carried
(3-0) to approve item 12 with staff recommendations.
RESOLUTION NO. 2013.086 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A THREE-YEAR CONTRACT FOR PROFESSIONAL AUDIT SERVICES FOR THE
CITY OF LYNWOOD BEGINNING WITH FISCAL YEAR ENDING JUNE 30, 2013 TO
THE FIRM VASQUEZ & COMPANY LLP
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT`. COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item # 13 CLAIM FOR DAMAGES BY JACK HERNANDEZ
Mayor Pro-Tem Rodriguez stated he had pulled items in regards to claims for damages.
He stated most of the claims on the agenda are from November and December 2012,
and expressed his concern with the length of time since receiving the claim. He also
stated that he believes the City is being unjust to the residents because of rejecting
some of the claims. He stated his frustration with the claims because he has not seen
the Council approve them even when he believes it is the City's fault.
Mayor Alatorre stated he had asked for information on pending issues in regards to
claims at a prior meeting, and he asked how it is decided which claims are brought to
the Council.
Robert Blackwood, Interim Human Resource Director stated staff contracts with a third
party in reviewing the claims. Adminsure investigates for tree decay or other reasons for
liability. After the report is prepared it is submitted to Council.
Mayor Pro-Tem Rodriguez stated he hoped staff would listen to his recommendations.
It was moved by Mayor Pro-Tern Rodriguez, seconded by Council Member Morton to
approve items 13, 14, 15, and 16 with staffs recommendations.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
NEW/OLD BUSINESS
Item #22. REQUEST FOR SPECIAL PERMIT— SAMPSON AVENUE STREET
CLOSURE
Mayor Alatorre introduced the item stating it was a request for a special permit.
Ms. Withers stated the item was a request made by Sampson Avenue Block Watch to
close a portion of Sampson Avenue for a 4th of July event, and the applicants would
also like a fee waiver.
Mayor Pro-Tern Rodriguez asked if there are specific hours?
In response to Mayor Pro-Tem Rodriguez's question, Perry Brents, Director of
Recreation, stated the hours are from 12 noon to 10:00 p.m. and the fees can be
waived because the applicant is a member of the Block Watch Club. They also stated
public works would drop off barricades for street closure the prior night, and the
residents would then block off the street the morning of the event.
It was moved by Council Member Morton, seconded by Mayor Pro-Tem Rodriguez to
approve the request in item 22.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE •
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #23 REQUEST FOR SPECIAL PERMIT— CORTLAND STREET CLOSURE
It was moved by Mayor Pro-Tem Rodriguez, seconded by Mayor Alatorre to approve
. the request in item 23.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #24 REQUEST FOR SPECIAL PERMIT — PLATT AVENUE STREET
CLOSURE
It was moved by Council Member Morton, seconded by ,Mayor Pro-Tern Rodriguez to
approve the request in item 24.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #25 FY 2013/14 BUDGET RECOMMENDATIONS FOR DEVELOPMENT
SERVICES
Mayor Alatorre introduced item 25.
Ms. Withers stated item 25 is a budget recommendation for Development Services.
However, the current staff report is not in correlation with Council's previous direction.
Mayor Alatorre requested the City Clerk read into the record the Council's
recommendations and motions in regards to item 8 on the City Council's Agenda for the
June 4, 2013 meeting.
The City Clerk read an excerpt from the audio from the June 4, 2013 meeting in regards
to the Special Manager position.
Mayor Pro-Tem Rodriguez stated he would like to reinstate the special projects
manager.
It was moved by Mayor Alatorre, seconded by Mayor Pro-Tem Rodriguez to reconsider
the position of the special projects manager.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Mayor Alatorre stated for the record he believes the director of the department needs to
follow the direction of the Council. He stated there would be one director in the
department with two supervisors responding to the director, not to each other.
The City Attorney reiterated what Mayor Pro-Tem Rodriguez had suggested, there
would be two supervisors; one would oversee building/safety and planning and the
other would oversee Code Enforcement. Each supervisor would answer to the
department head, and not to each other.
The City Attorney stated the item is still subject to meet and confer.
It was moved by Mayor Alatorre, seconded by Council Member Morton to approve
Mayor Alatorre's recommendations.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
Item #26. SPECIAL PERMIT APPLICATION — ACTION TIME, LLC, PLAZA
MEXICO, 3100 E. IMPERIAL HIGHWAY, LYNWOOD
Ms. Withers stated item 26 is a special permit application for Action Time Plaza Mexico.
She stated staff recommends approval of the attached application to operate an
amusement ride.
In response to Mayor Alatorre's question, a representative of Action Time, stated the
location of the amusement ride would be inside of the property and outside at the main
entrance.
It was moved by Mayor Pro-Tem Rodriguez, seconded by Council Member Morton to
approve the attached special permit application.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN-BEAS
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Morton commented on wanting a balanced budget, and hoped they
would not need to lay off any city employees. He also commented on the graffiti
program stating he believed it would save the city money by holding parents
responsible. He then commented on satisfying residents and saving costs is important,
but he does not believe it should be done by laying off employees. He then commented
on contracting out the alley clean up.
Mayor Pro-Tem Rodriguez welcomed the Human Resources Director. He commented
on the way the trees are trimmed in Paramount, stating the branches are trimmed close
to the tree trunk which he believed to be better. He wished everyone a good evening.
Mayor Alatorre welcomed the Director of Human Resources to Lynwood. He also
commented on keeping the City moving forward by taking responsibility. He stated he
believed it to be important to review the city audits. He stated on July 2, 2013 the City
Council would receive the proposals for the new contract, and encouraged the residents
to voice their opinions prior to the recommendations by the Council for the final draft.
Councilman Morton commented on the Investigative Report, stating there was no
conspiracy.
Item #27. CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Aleshire & Wynder Attorney Colin
Tanner
Employee Organization: LEA/AFSCME Local 1920
LEMG (Lynwood Employees Management
Group)
B. With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(subdivision (a) of section 54956.9:)
1. Name of Case: Winbush v. City of Lynwood
Case No. BC487049
2. Name of Case: Ross v. City of Lynwood
Case No. TCO26882
3. Name of Case: Lumpkin v. City of Lynwood
Case No. 13C00484
The City Attorney stated the City Council had met in closed session to discuss all closed
session items on the agenda. He stated in regards to item A the Council' had a
conference with the labor negotiators, council provided direction and no reportable
action was taken. He stated in regards to item B, Council met with legal counsel to
discuss the three cases and no reportable action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro-Tem Rodriguez, seconded by
Mayor Alatorre, and carried to adjourn the regular Lynwood City Council meeting at 9:10
p.m.
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Salvador Alatorre, Mayor Marta Quinonez, City Clerk
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