HomeMy Public PortalAboutM 2014-08-05 - CCLYNWOOD CITY COUNCIL
REGULAR MEETING
August 5, 2014
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 6:00 p.m.
Mayor Castro 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: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE AND
CASTRO
ABSENT: COUNCIL MEMBER HERNANDEZ
STAFF PRESENT: City Manager Magana - Withers, City Attorney Garcia, City Clerk
Quinonez and City Treasurer Rodriguez - Gonzalez.
Item #4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Alatorre.
Item #5. INVOCATION
The Invocation was given by City Clerk Quinonez.
Item #6. PRESENTATIONS /PROCLAMATIONS
• Nationwide Cost Recovery Services
Representatives were not in attendance.
Lieutenant Deeds — Update on Law Enforcement Issues
Lieutenant Deeds reported on an upset individual who came into the city hall lobby.
Secondly, he reported on a murder involving a Lynwood resident on July 24, 2014.
Mayor Castro announced Mayor Pro Tern Hernandez's arrival at 6:03 p.m.
Lieutenant Deeds continued to report on the shooting. He stated that homicide was
handling the investigation and added that the cop and gang unit had been very vigilant
after the incident for any potential retaliation. Additionally, he stated that the portable
message signs were approved by the assistant sheriff and should be arriving next
month. Furthermore, he discussed the sheriffs participation in the National Night Out
event.
Council Member Alatorre stated that the incident occurred on Norton Ave. and Long
Beach Blvd. and cameras placed on that location should have capture footage of the
occurrence.
Lieutenant Deeds stated that he could not comment on the case, since it was an open
investigation.
Council Member Solache requested an update once they finalized their findings.
Mayor Castro thanked Lieutenant Deeds for their hard work.
• City Council Members Reporting on Meeting Attended (Gov. Code Section
53232.3 (D)).
Council Member Alatorre reported on attending the meeting for the freeway 1 -710
project and thanked the community for their attendance in that meeting. He stated that
they originally proposed the expansion of the 1 -710: Later, there was an additional
proposal called the Alternative 7 (which is different than the Community Alternative 7)
and was approved to be included in the 1 -710 proposal.
Council Member Solache stated it was great to have representative in the committee
and asked the community to support new businesses.
Item #7. CITY COUNCIL RECESS TO:
CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE
LYNWOOD REDEVELOPMENT AGENCY AND THE LYNWOOD PUBLIC
FINANCE AUTHORITY
It was moved by Council Member Solache, seconded by Council Member Alatorre to
recess the Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
at 6:12 p.m.
It was moved by Council Member Solache, seconded by Council Member Alatorre to
recess the Lynwood as the Successor Agency to the Lynwood Public Financing
Authority at 6:14 p.m.
City council reconvened at 6:15 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Harry Gibbens commented on item #9. He provided the city clerk a letter to be read into
the record regarding the bougainvillea plants to be placed in more locations. He also
inquired why certain material was redacted on item #21.
Mayor Castro stated that the redacted portion was a personnel record.
Mr. Gibbens stated he wanted the city to be transparent.
Mayor Castro sated she needed to protect the employee's privacy.
Irene Garcia commented on item #17. She stated that Fiesta Patrias needed to prove
that they were in dire need of a donation. In regards to item #22, she stated that this
would add congestion and commented that item #23 also adds congestion and that the
condition for patrons to park on -site was not being enforced.
Alfonso Sylva, Vice President of the Multi- Cultural Foundation commented on item #17.
He stated that he submitted a request to waive the fees for the use of the banquet room
in Bateman Hall for Fiestas Patrias and asked for the cooperation of the Chamber
Commerce along with council's support.
PUBLIC ORAL COMMUNICATIONS
(Regarding Non - Agenda Items)
The spokes person for Greater Lynwood Chamber Commerce stated that Fiestas
Patrias was a tradition celebrated by the Latino culture. She requested for council to
support their event.
Alfredo Gonzales stated that the Chamber of Commerce was allowed to have one or
two events because they were grandfathered in.
Mayor Castro stated that due to the city's partnership with the Lynwood Greater
Chamber of Commerce they were treated differently. She stated that she would like for
them to hire the executive director and added that she would like for them to be present
at a grand opening of a new business.
Don Sliven a representative for the Lynwood Library informed the public of upcoming
events for residents.
Mayor Castro asked for Mr. Sliven to provide the calendar of events to the city clerk.
PUBLIC HEARING
Item #8. CONGESTION MANAGEMENT PROGRAM (CMP), FY 2013 -2014
It was moved by Council Member Solache, seconded by Council Member Alatorre to
open the Public Hearing.
Irene Garcia stated that they cannot be in conformance when they are not monitoring
congestion, but rather adding congestion.
It was moved by Council Member Santillan -Beas, seconded by Council Member
Solache to close the Public Hearing.
It was moved by Council Member Santillan -Beas, seconded by Council Member
Alatorre to approve staff's recommendation.
RESOLUTION NO. 2014.128 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, FINDING
THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CITY'S CMP LOCAL DEVELOPMENT
REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
65089, ET SEQ
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CONSENT CALENDAR
It was moved by Council Member Solache, seconded by Council Member Alatorre to
approve the consent calendar.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #9. MINUTES FOR PREVIOUS MEETINGS
Regular Meeting — July 1, 2014
Regular Meeting — July 15, 2014
Staffs recommendation was approved.
Item #10. APPROVAL OF THE WARRANT REGISTERS
RESOLUTION NO. 2014.129 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
Staff's recommendation was approved.
Item #11. CAL -CARD PURCHASE SUMMARY — APRIL 2014 THROUGH JUN 2014
BILLING STATEMENTS
Staff's recommendation was approved.
Item #12. PURCHASES AND SERVICE AGREEMENT EXECUTED UNDER THE
CITY MANAGER'S $15,000 PURCHASING AUTHORITY FOR THE
PERIOD OF APRIL 1, 2014 THROUGH JUNE 30, 2014
Staff's recommendation was approved.
Item #13. AUTHORIZATION TO INCUR EXPENDITURES EXCEEDING CITY
MANAGER'S $15K PURCHASING AUTHORITY LIMIT FOR VARIOUS
VENDORS
RESOLUTION NO. 2014.130 ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO INCUR
EXPENDITURES EXCEEDING CITY MANAGER'S $15,000 PURCHASING
AUTHORITY LIMIT FOR VARIOUS VENDORS
Staffs recommendation was approved.
Item #14. SECOND READING OF ORDINANCE — ADOPT BY TITLE AND WAIVE
READING, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD, CALIFORNIA ADDING CHAPTER 14 -15 SEWER
LATERAL MAINTENANCE
ORDINANCE NO. 1673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA ADDING CHAPTER 14 -15 SEWER LATERAL MAINTENANCE
Staff's recommendation was approved.
Item #15. VENDOR PROCUREMENT LIST APPROVAL FOR FY 2014 -15
RESOLUTION NO. 2014.131 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE ATTACHED VENDOR LIST AND EXPENDITURES FOR FY 2014 -15
Staffs recommendation was approved.
Item #16. TREASURER'S QUARTERLY INVESTMENT REPORT
Staffs recommendation was approved.
NEW /OLD BUSINESS
Item #17. CELEBRATING INDEPENDENCE: FIESTAS PATRIAS 2014
Mayor Castro stated that they needed to be supportive of this event and asked Mark
Flores to explain the ordinance in place to reimburse the city.
Mark Flores stated that council approved an ordinance stating that any fee waiver
granted by the city council must be reimbursed to the department through a donation
fund established in the budget process.
Council Member Santillan -Beas asked how the funds would be distributed.
Mayor Pro Tern Hernandez recused himself from the dais to speak as a resident.
Mayor Pro Tern Hernandez stated that the funds would be held in a separate account in
order for the money to be stored by the Greater Chamber of Commerce.
Council Member Santillan -Beas asked if it was going to be a dinner and dance.
Mayor Pro Tern Hernandez stated yes.
Mayor Castro asked how they felt with Plaza Mexico holding events so closely in time
with the Chamber of Commerce event.
Mayor Pro Tern Hernandez stated that they had already spoke with Plaza Mexico and
stated that they were part of the board of the Chamber. He also stated that the staff
report discusses alcohol being served at the event but clarified that alcohol might not be
served if the licenses weren't approved.
Mayor Castro stated that the bar normally paid for the license and would not be
opposed to serving alcohol at the event so long as the sheriffs were present.
Council Member Santillan -Beas agreed with the sale of alcohol as long as they paid for
the fees.
Mayor Pro Tern Hernandez stated that each ticket would cost $25.00 and each table
would be reserved for $200.00.
Mayor Castro stated that if they want to market the event they needed to place the city
logo.
It was moved by Council Member Solache, seconded by Council Member Alatorre to
approve the item with the reimbursement donation and the condition to place the city
logo on their marketing items.
RESOLUTION NO. 2014.132 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE USE OF BATEMAN HALL AUDITORIUM AND WAIVING THE
RENTAL FEES, AND MARKETING SUPPORT, IN THE AMOUNT OF $1,200
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE AND
CASTRO
NOES: NONE
ABSTAIN: COUNCIL MEMBER HERNANDEZ
ABSENT: NONE
Item #18. REQUEST FOR SUPPORT — BE SOCIAL PRODUCTIONS
It was moved by Council Member Solache, seconded by Council Member Santillan-
Beas to approve staff's recommendation.
RESOLUTION NO. 2014.133 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
SUPPORT, IN THE FORM OF MARKETING SERVICES, TO BE SOCIAL
PRODUCTIONS FOR A BACK TO SCHOOL HEALTH FAIR
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #19. AUTHORIZATION TO EXECUTE AN AGREEMENT WITH
INFRASTRUCTURE ENGINEERS, INC. TO PROVIDE
PROFESSIONAL PLAN CHECK AND BUILDING INSPECTION
SERVICES
It was moved by Council Member Santillan -Beas, seconded by Council Member
Solache to approve staff's recommendation.
RESOLUTION NO. 2014.134 ENTITLED:
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
INFRASTRUCTURE ENGINEERS TO PROVIDE PROFESSIONAL PLAN CHECK AND
BUILDING INSPECTION SERVICES FOR THE CITY OF LYNWOOD
AYES: COUNCIL MEMBERS SANTILLAN -BEAS, SOLACHE, HERNANDEZ
AND CASTRO
NOES: COUNCIL MEMBER ALATORRE
ABSTAIN: NONE
ABSENT: NONE
Item #20. CONTRACT RENEWAL FOR FTN FINANCIAL MAIN STREET CAPITAL
ADVISORS
It was moved by Council Member Alatorre, seconded by Council Member Solache to
approve staffs recommendation.
RESOLUTION NO. 2014.135 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO
EXECUTE THE DISCRETIONARY MANAGEMENT AGREEMENT WITH FTN
FINANCIAL MAIN STREET ADVISORS
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #21. PROPOSAL FOR INVESTIGATIVE SERVICES TO CONDUCT
INVESTIGATIONS
RESOLUTION NO. 2014.136 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING
A CONTRACT WITH ALBRIGHT, YEE & SCHMIT, LLP TO CONDUCT PERSONNEL
RELATED INVESTIGATIONS AND APPROPRIATING FUNDS THEREFORE
Council Member Santillan -Beas stated that an original amount of $54,000 was
previously approved by council and had now increased by $75,000. She asked for staff
to provide a percentage of the investigations that have been completed.
City Attorney Garcia stated that there were seven employee matters, four of which were
completed at a flat rate of $10,000, one upper- management investigation was finalized
at $14,750 and the remaining two cases were ongoing. Therefore, 90 percent of the
investigations had been completed.
Council Member Santillan -Beas inquired why the cost of the investigations had
increased for the rest of the cases while the first four were conducted at a flat rate of
$10,000. She inquired whether they could negotiate the cost.
City Attorney Garcia stated that there was a cost increase due to the nature of the case
and added that council could provide direction for negotiations.
It was moved by Council Member Alatorre, seconded by Mayor Pro Tern Hernandez to
approve staff's recommendation.
AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, HERNANDEZ AND
CASTRO
NOES: COUNCIL MEMBERS SATNILLAN -BEAS
ABSTAIN: NONE
ABSENT: NONE
Item #22. SPECIAL PERMIT REQUEST — CIRCUS
Council Member Santillan -Beas inquired whether the City would ask for a donation for
the parade.
Mayor Pro Tern Hernandez stated that he met with the representative and stated that
they would donate money for the parade.
It was moved by Council Member Solache, seconded by Mayor Pro Tern Hernandez to
approve staffs recommendation.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #23. USED CAR TENT SALE
Mayor Pro Tern Hernandez stated a concern regarding multiple car dealers. He also
stated that a report of sales tax requested by the Mayor was never provided from the
previous event.
Mayor Castro stated requesting the figures for the tax revenue that would benefit the
city at the end of the event and no report was provided to Council. Mayor Castro
inquired for the previous point of sales from staff. She stated she would like to approve
the item due to lack of time for them to advertise the event, but would like clarification
from staff.
Mayor Pro Tern Hernandez stated that he would like to table the item.
Council Member Santillan -Bess stated that if they tabled the item, the requestors would
not procrastinate to provide a report in the future. She inquired how the city benefits
from the sales tax if the vendors are stationed in the City of Van Nuys.
City Manager Magana- Withers stated that they receive sales tax from the registered
cars in Lynwood. For this tent sale, the sales tax goes to the city where they conducted
the point of sale. The City Manager stated that the item can be approved with the
condition that they conduct the point of sale in Lynwood.
Mayor Castro asked the representative for the point of sales and the number of vehicles
sold during their previous event.
The City Council recessed into closed session to give staff an opportunity to provide
clarification on this item.
City Council reconvened from closed session to conclude this item at 7:10. Council
Member Santillan -Beas was no longer present.
Amanda Roberson stated that thirty -two cars were sold and the point of sales was
Lynwood. She stated that the representative would provide a detailed report for the
sales of the previous event.
Mayor Castro inquired if staff had an average of revenue recorded for each car that was
sold.
The representative stated that they collect approximately $12,000 to $18,000 for each
car.
Mayor Castro stated that she would approve to carry out
the event in Lynwood since the revenue included sales tax, registration fees and a
percentage of the car sale of about $1,000 per car. She directed staff to provide the
detail report through a green memo for the previous event and also to provide a report
once the sales for this upcoming event are finalized.
It was moved by Council Member Solache, seconded by Mayor Castro to approve
staff's recommendation.
AYES: COUNCIL MEMBERS SOLACHE AND CASTRO
NOES: COUNCIL MEMBER HERNANDEZ
ABSTAIN: COUNCIL MEMBER ALATORRE
ABSENT: COUNCIL MEMBER SANTILLAWBEAS
Mayor Castro stated that the item passed because the abstention was included in the
majority vote.
CITY COUNCIL ORALS
NONE
CLOSED SESSION
City Attorney David Garcia announced that the Council would recess to discuss closed
session items.
It was moved by Council Member Solache, seconded by Council Member Santillan-
Beas to recess to closed session at 6:49 p.m.
The City Council reconvened at 7:08 p.m.
Item #21. CLOSED SESSION
A. With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision
(d) of Section 54956.9:
Number of Cases: Three
With respects to the first two cases, Mayor Castro made a motion, seconded by
Mayor Pro Tern Hernandez; .Council provided direction to designate Henry Garcia
as the designee in the PERS and scaly rights hearing processes related to these
matters.
With respects to item number three, Mayor Castro made a motion, seconded by
Mayor Pro Tern Hernandez; council provided direction on the course of litigation.
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 Government Code Section 54956.9)
1. Name of Case: Haley v. City of Lynwood, LASC Case No. BC 523808
Mayor Castro made a motion, seconded by Mayor Pro Tern Hernandez; council
approved the settlement agreement for a confidential sum between the parties
and directed the City Attorney to achieve the final execution of the settlement
- agreement that was presented to council in that form or an equivalent form within
the next thirty days.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded by
Council Member Alatorre, and carried to adjourn the regular Lynwood City Council
meeting at 7:11 p.m.
` r /
Aide Castro, Mayor
Maria Quinonez, Ci y Clerk