HomeMy Public PortalAboutM 2009-06-02 - CCLYNWOOD CITY COUNCIL
REGULAR MEETING
June 2, 2009
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 5:22 p.m.
Mayor Santillan presiding. Council Members Castro, Flores, Morton, Rodriguez, and
Santillan were present.
Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and
City Treasurer Alatorre. `
City Clerk Quinonez announced that the Agenda had been duly posted in accordance
with the Brown Act.
Item #6.' PRESENTATIONS/PROCLAMATIONS
• Electric (Green) Buses Presentation
Lieutenant Mike Ronson -Update on Law Enforcement Issues
It was a quiet weekend, crime is still at historic lows. Rape is
down 80% and assault is down also. Tomorrow is summertime
job fair at Century Station. Also, Eric Lee, Cops Team Sergeant
left two weeks ago and John O' Brien is the new Cops Team
Sergeant.
Council paused the meeting while everyone sang Happy Birthday to Mayor
Santillan and City Attorney Galante.
Item #7. COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY 5:19 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Irene Garcia commented on Item #14 -CITY'S OPPOSITION TO THE STATE'S
SEIZURE OF LOCAL PROPERTY TAX FUNDS AND THE CONTINUED ADOPTION
OF UNFUNDED MANDATES BY THE STATE OF CALIFORNIA, Item #16 -
SUBSTANTIAL CHANGE IN THE OS-09 ACTION PLAN AND APPROVAL OF THE
ACTIONS NECESSARY TO APPLY FOR CDBG-R FUNDS, and Item
#17 -SUMMER FOOD SERVICE AGREEMENT. She stated, "With regards to number
fourteen, I say no the state needs to live within its, within their mearis as well as we all
do and number sixteen I am hoping that we do not give any money to any non-profit
they need to be self sufficient and self reliant on their own. Uh, with regards to
seventeen, I believe that we need to oversee if it is really needed because I noticed that
too many people getting dependent therefore becoming crippled to expecting things and
not doing on their own. Thank you"
PUBLIC ORAL COMMUNICATIONS
Frank P. Calderon presented a speech given by a father of a victim of the Columbine
shooting, to council. He suggested that prayer should not be eliminated from our
schools and we should not ignore God. He said that God is what we need.
Dereck Alatorre from the South Coast Air Quality, Management District mentioned
AB2766 funds in the amount of $87,000 available for the City of Lynwood. He also
mentioned a permanent moratorium that is currently affecting four businesses in
Lynwood. Lastly, he mentioned SB696, authored by Senator Rod Wright and asked
council for their support from the city to pass this legislation.
Irene Garcia stated, "Um, I noticed on the previous agendas unfortunately I didn't have
time to speak on that. I noticed that we had at least eight tire repairs to the sum of over
one hundred to even two hundred dollars and I'm um, informed that we do have a
number of vandalizing of vehicles here in the city and the surveillance cameras we need
here in the city that will serve as a dual purpose. First we can observe who comes in
late and start a docking system because that's robbing tax payer money for services not
rendered the other uh, you can catch the vandal or vandals, you can fire and as well
start to prosecute. My other concern is and' it was brought to my attention by a number f
neighbors, why is it that uh, business at 10700 Alameda there are 43 trucks, tractors
some of them have containers yet there are no license plates, the understanding that I
have was there was gonna be 25 green trucks and I mentioned before that there was
very stringent air quality and I do not want believe that they are exempt if they are then
it is favoritism and illegally done due to friendship connections. Uh, the neighbors as
well as myself are concerned with that and um, the other thing because I have a copy of
the uh, CUP, the neighbors are concerned as to why all those trucks are there when
they have never planted anything with regards to the CUP. Uh, and in order to generate
revenue you can have a sting done by the sheriff. It's possible on a Friday, Saturday,
Sunday or have traffic enforcement. You can generate a lot of money every Friday,
Saturday and Sunday. You go and you cite heavily all those that are blocking
everybody's driveway. They like to party hearty and they need to pay hearty hearty!
Thank you very much".
Pearline Calderon commented on her belief that there has been a recent trend where
the council is .placing a lot of items on the consent calendar. She stated that residents
need to know council's position on most of the items that are being pushed through.
Francisco Flores introduced an idea to reduce graffiti from city walls in the highest
targeted areas of the city, the alleys. He asked for permission from council to do this
volunteer work. He stated that the volunteer work would be done by city youth and they
would replace the graffiti with art and murals.
PUBLIC HEARINGS
Item #8. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY
2009-2010
City Manager, Roger Haley introduced the public hearing item regarding the Lynwood
Landscape Maintenance Assessment District, FY 2009-2010.
It was moved by Council Member Rodriguez, seconded by Council Member Morton, to
open the public hearing.
Irene Garcia stated, "With regards to eight, I am not for it, I'm against it because it can
also come back at a later date and say oh well it was approved in 2009 and people
don't even know what's happening and um, the same for number nine. Thank you."
It was moved by Mayor Pro Tem Castro, seconded my Council Member Flores to close
public hearing.
It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez to
approve the staff recommendation and adopt the resolution.
RESOLUTION NO. 2009.089 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2009-
2010
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #9 LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2009-2010
City Manager, Roger Haley introduced the public hearing item regarding the Lynwood
Lighting Assessment District, FY 2009-2010.
It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriquez to
open public hearing regarding the Lynwood Lighting Assessment District, FY 2009-
2010.
It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan to close the
public hearing.
"Please note, while writing the minutes, the City Clerk noticed that a motion was not
carried to approve the public hearing, however roll call was taken and this resolution did
pass"
RESOLUTION NO. 2009.090 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING
ASSESSMENT DISTRICT FOR FISCAL YEAR 2009-2010
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #10 NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION
SUBMITTAL PUBLIC HEARING AND APPROVAL OF THE
APPLICATION
It was moved by Mayor Pro Tem Castro, seconded by mayor Santillan to open the
public hearing regarding the Neighborhood Stabilization Program Application Submittal.
It was moved by Mayor Pro Tem Castro, seconded by Council Member Morton to close
the public hearing.
It was moved by Mayor Pro Tem Castro, seconded by Council Member Morton to
approve the public hearing item with the amendment striking the words "Lynwood
Redevelopment Agency" and inserting the words "City Council of the City of Lynwood"
to the resolution.
RESOLUTION NO. 2009.091 ENTITLED:
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO
FROM THE STATE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM
(NSP)
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CONSENT CALENDAR
It was moved by Council Member Morton, seconded by Mayor Santillan, to approve the
consent calendar and receive and file staff reports.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #11 MINUTES OF PREVIOUS MEETINGS
Regular Meeting -March 17, 2009
Item #12 Mayor Santillan pulled Item #12 -APPROVAL OF THE WARRANT
REGISTER
After discussion, it was moved by Mayor Santillan, seconded my Council Member
Morton to adopt the resolution.
RESOLUTION NO. 2009.092 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #13 Council Member Rodriguez pulled Item #13 -SELECTION OF A FIRM TO
PROVIDE PROFESSIONAL AUDITING SERVICES FOR THE CITY OF
LYNWOOD, LYNWOOD REDEVELOPMENT AGENCY AND LYNWOOD
INFORMATION INC.
After discussion, it was moved by Council Member Rodriguez, seconded by Council
Member Morton to have staff check into what work Mayer Hoffman Mccann provided for
the city that did not go through council previously and also to nominate Vasquez
auditing firm and have staff negotiate the price of the contract.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #14 CITY'S OPPOSITION TO THE STATE'S SEIZURE OF LOCAL
PROPERTY TAX FUNDS AND THE CONTINUED ADOPTION OF
UNFUNDED MANDATES BY THE STATE OF CALIFORNIA
RESOLUTION NO. 2009.093 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
THE CITY'S STATE OF SEVERE FISCAL HARDSHIP DUE TO THE STATE'S
SEIZURE OF LOCAL PROPERTY TAX FUNDS AND THE CONTINUED ADOPTION
OF UNFUNDED MANDATES BY THE STATE OF CALIFORNIA
Item #15 AWARD OF CONSULTING
APPLIED ENGINEERING,
MANAGEMENT SYSTEM
4011.67.997
RESOLUTION NO. 2009.094 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL
A CONSULTING SERVICES CONTRACT
SERVICES CONTRACT TO ADVANCE
INC. (AAE) FOR THE PAVEMENT
UPDATE PROJECT, PROJECT NO.
OF THE CITY OF LYNWOOD AWARDING
TO ADVANCE APPLIED ENGINEERING,
INC. FOR PREPARATION OF THE CITY'S PAVEMENT MANAGEMENT SYSTEM
UPDATE PROJECT, PROJECT NO. 4011.67.997 FOR THE NOT-TO-EXCEED FEE
OF $36,730 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Item #16 SUBSTANTIAL CHANGE IN THE 08-09 ACTION PLAN AND APPROVAL
OF THE ACTIONS NECESSARY TO APPLY FOR CDBG-R FUNDS
RESOLUTION NO. 2009.095 ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD APPROVING A SUBSTANTIAL
CHANGE IN THE 08-09 ACTION PLAN AND CONSOLIDATED PLAN AND
AUTHORIZING-THE CITY MANAGER TO TAKE ALL APPROPRIATE AND PROPER
ACTION TO APPLY FOR AND RECEIVE FOR THE CITY OF LYNWOOD THE
AMOUNT OF $422,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT-
RECOVERY FUNDS
Item #17 SUMMER FOOD SERVICE AGREEMENT
RESOLUTION NO. 2009.96 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD UNIFIED SCHOOL
DISTRICT TO PROVIDE MEALS FOR. THE SUMMER FOOD SERVICE PROGRAM
Item #18 PROPOSITION A -EXCESS FUNDS
RESOLUTION NO. 2009.97 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE APPLICATION FOR PROPOSITION "A" EXCESS GRANT FUNDS FROM THE
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE
HAM PARK EXPANSION, POCKET PARKS AND CARNATION PARK
IMPROVEMENTS AND AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE
THE AGREEMENT
Item #19 Mayor Santillan pulled item #19 -CLAIM FOR DAMAGES OF BENITO
PRECIADO
Mayor Santillan asked if the city could pay the claim and then get the money back from
the tree company.
City Attorney Galante stated that the city could proceed with that action.
Mayor Pro Tem Castro commended staff on detailed agenda item report and asked staff
to follow up with California Arborists company to let them know that they are not
trimming the trees properly.
It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro to pay Benito
Preciado's claim for damages and then get the money back from the California Arborists
company.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #20 Mayor Pro Tem Castro pulled Item #20 - REVIEW OF CITY
TREASURER'S CHECK SIGNING POLICY & PROCEDURES
Mayor Pro Tem Castro stated that she pulled the item because it was a very important
item and she wanted to express her support the City Treasurer and wants to give
everyone an opportunity to discuss it and bring it out into the open.
After discussion, it was moved by Council Member Morton, seconded by Mayor Pro
Tem Castro to direct the City Attorney to prepare revisions to the Check Signing Policy
and Procedures, including council recommendations.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #21 INFRASTRUCTURAL PROJECT ENHANCEMENTS FOR 11300
ATLANTIC AFFORDABLE SENIOR HOUSING PROJECT
RESOLUTION NO. 2009.98 ENTITLED:
A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT HIRING CEDARS ENGINEERING CONSTRUCTION,
INC. TO GRIND AND OVERLAY SANBORN STREET FROM PROJECT LIMITS TO
VIRGINIA STREET AND PROVIDE ENVIRONMENTALLY FRIENDLY BAMBOO
FLOORING FOR THE COMMUNITY ROOM LOCATED AT 11300 ATLANTIC AVENUE
NEWIOLD BUSINESS
Item #22 REVIEW OF BOARD AND COMMISSION MEMBERS
City Clerk, Maria Quinonez introduced the item regarding the review of board and
commission members.
Council Member Flores asked City Clerk Quinonez to publish an opening for the Design
Review Board Commission.
Mayor Pro Tem Castro asked City Clerk Quinonez to further publicize the openings on
the Youth Commission and the Veteran Affairs Council. She recommended that flyers
for the Youth Commission be sent to the local high schools.
Item #23 JULY 4TH CELEBRATION
Director of Recreation and Community Services, Perry Brents introduced the item on
the July 4tn Celebration.
Mayor Santillan commented on the importance of the entertainment portion of the
celebration and mentioned that she would like to see a variety of acts.
Mayor Pro Tem Castro recommended that staff send notices to local businesses to set
up booths and promote their business for a small fee. She also recommended that staff
reach out to non-profit organizations. She stated that this was an opportunity for the city
to inform the residents and also that it was a good opportunity to invite other elected
officials to come and truly make it an informative opportunity.
Council Member Flores made a motion to not have a celebration at all due to the current
budget situation in which the city should not be spending money so frivolously.
Council Member Rodriguez stated that the celebration is not just a time for fun but also
a service to the community. He stated that if Council Member Flores would amend his
motion to keep the celebration without the entertainment, then he would second. the
motion.
Council Member Flores stated that he would be willing to amend his motion to only
include pyrotechnics.
Mayor Pro Tem Castro made a subsequent motion to have the celebration and keep the
entertainment but exclude the cost of the entertainment. She stated that the July 4cn
celebration should not be ignored and instead, should be seen as an opportunity to be
supportive of our country.
Council Member Flores agreed with Mayor Pro Tem Castro's statement but stated that
he disagrees with the commercialization of the holiday.
Mayor Santillan seconded the subsequent motion.
AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO, AND
SANTILLAN
NOES: COUNCIL MEMBER FLORES
ABSTAIN: NONE
ABSENT: NONE
SUBSEQUENT NEED ITEMS
City Attorney Galante introduced the subsequent need item pertaining to securing a
grant for energy efficiency and conservation block grant and approving a consulting
services agreement. He instructed council that it would take a 4/5ths vote to get it on
the agenda.
It was moved by Council Member Morton, seconded by Council Member Flores to place
the item on the agenda.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Director of Public Works, Dan Ojeda introduced the item regarding funding from the
Department of Energy.
It was moved by Council Member Morton, seconded by Mayor Pro Tem Castro to
approve the subsequent need item.
COUNCIL ORALS
Mayor Pro Tem Castro thanked Lt. Rosson and stated that she appreciates his quick
and efficient service. She commented on the graffiti she noticed on the tops of buildings
along Atlantic and asked if there was something that could be done about it. She
further commented on kids from Firebaugh High School hanging out in the playground
at Ham Park and expressed her disapproval. She requested that the Block Watch
Board and Risk Management staff coordinate the city's emergency plan with the school
district. She requested that a letter of commendation be written for David Spears for the
time and. attention he took on his city vehicle. She then asked staff to look into the 43
trucks which are parked on Alameda and make sure that the CUP is being enforced.
Lastly, she suggested that Francisco Flores coordinate with Deborah Jackson regarding
the graffiti removal.
Mayor Santillan announced the Block Watch meeting on Saturday at 10am. She
commented on how nice the businesses along Atlantic look without all the signs and
posters. She also commented on the need to monitor parties in the city that are causing
disturbances. Lastly, she invited city youth to attend the Job Fair at the Century Station.
Council Member Rodriguez informed Lt. Rosson that he was told by residents that there
is a group of kids that play basketball on Virginia and Pope who have been seen
tagging. He further thanked staff for using vines to cover up the graffiti in the city.
Council Member Morton requested that we make a greater effort to publicize the city's
anti graffiti efforts. Additionally he thanked everyone for attending the meeting.
Council Member Flores thanked the residents for allowing the council to serve them.
He stated that he did not want to come across as un-patriotic but he believes that we
should not spend money to prove that we are patriotic. Lastly, he inquired about which
commissions were state mandated and mentioned the possibility of eliminating some
boards .
CLOSED SESSION
It was moved by Council Member Flores, and carried to recess to closed session
at 6:27 p.m.
The City Council reconvened at 6:59 p.m.
City Attorney Galante stated that the Council met in closed session and with
respect to the following matters:
Item #24 CLOSED SESSION ITEMS
A. With respect to every item of business to be discussed in closed session
pursuant to
Section 54956.9:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
One Case
The council authorized joining the Contract Cities potential lawsuit against
Los Angeles County. The Council authorized cone-year continuance of the
current sheriff contract.
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: Nabar Enrique Martinez, et al v. City of Lynwood
Case No. BC374258
It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores and
approved unanimously to approve the settlement terms. Ms. Laura Aldrete was
instructed to resign as of June 3~d, 2009 and the city agreed to pay $56,500 to Ms.
Laura Aldrete within 21 days. The city will not admit to any liability.
2. Name of Case: Cox v. City of Lynwood
Case No. IC021620, Claim No. 076520A
Provided direction and no reportable action was taken.
ADJOUi2NMENT
Having no further discussion, it was moved by Council Member Flores, seconded by
Council Member Morton, and carried to adjourn the regular Lynwood City Council
meeting at 7:01 p.m.
~ ~.-~-
Maria Santillan, Mayor
l
Maria Quinonez, City Clerk