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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. Ii 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. • 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. ,c&:" Lil��— �;"et ��1��., IA ! Salvador Alatorre, Mayor Marta Quinonez, City Clerk • ■ 1 I