Loading...
HomeMy Public PortalAboutM 2010-03-16 - CCLYNWOOD CITY COUNCIL REGULAR MEETING March 16, 2010 The City Council of the City of Lynwood met in a regular meeting at Bateman Hall, Room 2, 11331 Ernestine Ave. on the above date at 5:14 p.m. Mayor Santillan presiding. Council Members Morton; Rodriguez, Castro and Santillan were present. '~ Council Member Flores was absent. 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 • Sheriff Captain James Hellmold - Update on Law Enforcement Issues Captain Hellmold commented on the reduction in crime, in Part I felonies. He commented on the increase in graffiti vandalism. He asked for the public's assistance in reporting any known graffiti vandalism to the Sheriff's Department. He commented on the Sheriff's Leadership Course that will begin and go on for 10 weeks. He commented on the upcoming Sheriff's Association Mug Run and said the Department is looking for participants. He stated that an Explorer class had recently ended and a new class might be starting very soon. • City Council Members Reporting on Meetings Attended Council Member Morton commented on the Baseball Opening Ceremony. He stated that he pitched the first baseball at the event. He commended Recreation staff for the hard work and efforts in putting the event together. • Mayor Pro Tem Castro commented on the morning's earthquake. She asked that everyone review their emergency plan at home, work and school. She invited everyone to visit the Sheriff's Department website for more information. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:24 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on Item #11 - DISPOSITION OF UNCLAIMED FUNDS. She stated that the unclaimed funds should be transferred to the Senior Center instead of the general fund. She commented on Item #20 - DISPLAYING THE NATIONAL MOTTO "IN GOD WE TRUST" and stated that .she is against the motto "in god we trusY'. She commented on Item #22 - CODE OF CONDUCT POLICY and stated that there must be respect and attentiveness to the speaker at all times. Pearline Calderon commented on Item #22 - CODE OF CONDUCT POLICY. She stated that the City of Lynwood is a general law city, and not a totalitarian government. She asked why the rules of decorum are not being enforced. She thanked God for the privilege to publicly.state the words "in God we trust". ~ Frank P. Calderon commented on Item #22 - CODE OF CONDUCT POLICY. He stated that he disagrees with the code. Julio Mendoza relinquished his three minutes to Irene Garcia. Irene Garcia asked Council to support a red curb on the corner of Santa Fe and Fernwood because currently it creates a hazard when people park on the corner. She asked Council to direct staff to mow the weeds on Fernwood, and provide her with a timeframe for the action. She asked when there will be another checkpoint to catch people who break the law. She advised residents to prepare for an emergency by keeping cash on hand. Harry Gibbens commented on Item #9 - MINUTES OF THE PREVIOUS MEETINGS. He stated that about a month ago there were two ladies who asked for assistance in finding their missing daughters and he would like to know if the girls were found and returned home and if they were returned home, what is being done to reintegrate them into the home. Shirley Paine stated that on behalf of Chivas, USA, she was inviting Council to an event sponsored by Chivas on connecting the community through sports. PUBLIC ORAL COMMUNICATIONS Derrick Alatorre spoke on behalf of South Coast Air Quality Management District. He announced that the City of Lynwood has about $60,000 in AB 2766 funds that can be used to purchase alternative fuel vehicles. He announced a Youth Conference on May 27tn to educate the youth on greenhouse gas and new technology to reduce air emissions. He announced a permit holiday for businesses to come in and apply for a permit without being fined. He asked Council to direct staff to provide a link on the City website that will enable the residents to complain about the air quality. Paulette Bradley commented on Item #22 - CODE OF CONDUCT POLICY. She asked Council about who will monitor this and who will enforce it. Maria Valencia asked Council to direct staff to fix issues on her street because her street has a lot of potholes, over grown trees and homes with graffiti. PUBLIC HEARINGS Item #8 JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L.P., AND ACCEPTANCE OF THE 33433 SUMMARY REPORT Lynwood Redevelopment Agency Director, Sarah Withers, introduced the item regarding joint public hearing to consider the approval of a Disposition and Development Agreement between the Lynwood Redevelopment Agency and AMCAL Park Place Fund, L.P., and acceptance of the 33433 Summary Report. Vice-President of AMCAL, Maurice Ramirez conducted a presentation of the project. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to open the public hearing. ~ It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to close the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to approve staff's recommendation, with the correction to the resolution as stated by City Attorney Fred Galante: "Approved as to form by agency counsel". RESOLUTION NO. 2010.049 ENTITLED: A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L.P. FOR THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE AND ACCEPTANCE OF THE 33433 SUMMARY REPORT AYES: COUNCIL MEMBERS, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER FLORES CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER FLORES Item #09. MINUTES OF THE PREVIOUS MEETINGS: Regular Meeting - February 2, 2010 Item #10. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2010.050 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #11. DISPOSITION OF UNCLAIMED FUNDS RESOLUTION NO. 2010.051 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE PUBLICATION OF NOTICE OF UNCLAIMED FUNDS AND TRANSFER OF UNCLAIMED DEPOSITS TO THE GENERAL FUND I#em #12. ACCEPTANCE OF STREET IMPROVEMENT PROJECT LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET PRO.JECT NUMBERS 4011.67.955, 4011.67.956 AND 4011.67.965 RESOLUTION NO. 2010.052 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LAVINIA AVENUE, HARRIS AVENUE AND OLANDA STREET IMPROVEMENT PROJECT, PROJECT NO's. 4011.67.955, 4011.67.956 AND 4011.67.965 AS BEING COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION Item #13. NATATORIUM REHABILITATION PROJECT AND POOL SYSTEM, ADOPTION OF SPECIFICATIONS AND WORKING DETAILS RESOLUTION NO. 2010.053 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE NATATORIUM REHABILITATION PROJECT AND POOL SYSTEM, AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING STAFF TO SOLICIT BIDS Item #14. A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT FOR THE PROPERTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD RESOLUTION NO. 2010.054 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE ISSUANCE OF LETTERS PURSUANT TO THE POLANCO ACT TO PROPERTY OWNERS, OCCUPANTS AND RESPONSIBLE PARTIES LOCATED NORTH OF THE 105 FREEWAY, EAST OF STATE STREET, SOUTH OF IMPERIAL HIGHWAY, AND 2801 LYNWOOD ROAD Item #15. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS ORDINANCE NO. 1628 ENTITLED: AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY REPEALING ARTICLE 23 OF CHAPTER 25 AND ADDING A NEW ARTICLE 23 "DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS" TO CHAPTER 25, TO ESTABLISH DENSITY BONUS STANDARDS FOR AFFORDABLE RESIDENTIAL UNITS Item #16. SPECIAL PERMIT REQUEST - FILM PERMIT Item #17. Mayor Pro Tem Castro pulled Item #17 - WATER/SEWER DIVISION VACUUM TRUCK Mayor Pro Tem Castro directed staff to look into using AB 27 funds to purchase the truck and to make sure that the motor is a 2010 motor. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to approve staff recommendation, with the directions provided to staff. RESOLUTION NO. 2010.055 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE A VACUUM TRUCK FOR THE WATER/SEWER DIVISION AND DIRECTING STAFF TO MAKE THE APPROPRIATE BUDGET TRANSFERS . AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO f~AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #18. Mayor Pro Tem Castro pulled Item #18 - REJECTION OF BIDS AND RE- ADVERTISEMENT FOR YVONNE BURKE - JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded 6y Council Member Rodriguez, to approve staff recommendation. RESOLUTION NO. 2010.056 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS FOR THE YVONNE BURKE - JOHN D. HAM PARK SPORTS FIELD LIGHTING AND PICNIC / EXERCISE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 AND AUTHORIZING STAFF TO RE-ADVERTISE THIS PROJECT AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES NEW/OLD BUSINESS Item #19. FISCAL YEAR 2009-10 MARGH BUDGET UPDATE Assistant City Manager, Robert Torrez introduced the item regarding the Fiscal Year 2009-10 March budget update. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to receive and file. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to receive and file the March Budget Update, approve the budget and staffing changes and adopt the attached resolution. RESOLUTION NO. 2010.057 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE FISCAL YEAR 2009-10 MARCH BUDGET UPDATE MODIFICATIONS AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #20 DISPLAYING THE NATIONAL MOTTO "IN GOD WE TRUST" City Manager Roger Haley introduced the item regarding displaying the national motto "In God We Trust". After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve the use of the motto "In God We Trust" in the new council chambers. RESOLUTION NO. 2010.058 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTfNG THE DISPLAY OF THE NATIONAL MOTTO "IN GOD WE TRUST" IN THE LYNWOOD CITY HALL IN THE PROMINENT LOCATION ABOVE THE CITY SEAL AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS fLORES Item #21 LOS ANGELES COUNTY FIRE DEPARTMENT - FIRE SERVICES DAY Director of Neighborhood Services Deborah Jackson introduced the item regarding the Los Angeles County Fire Department Fire Services Day. Fire Chief Montoya gave a presentation on Fire Services Day. It was moved by Mayor Pro Tem Castro, seconded by Council Member Morton, to approve staff recommendation. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #22 CODE OF CONDUCT POLICY Director of Community Services and Parks & Recreation, Perry Brents introduced the item regarding the Code of Conduct Policy. City Attorney Fred Galante recommended the following changes to the policy: . s Change "Responsibility for administering facility use is delegated to the director" to "Responsibility for administering facility use and enforcement of this code of conduct is delegated to the discretion of the director and his or her staff' Remove the words "including footwear" to the subject of inappropriate and reveating attire. After discussion by Council, it was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to approve staff recommendation along with the wording changes proposed by the City Attorney, and that the last level be the Director of Community Services and Parks & Recreation. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #23 POLICY GOVERNING CONDUCT OF THE LYNWOOD CITY COUNCIL AND COMMISSION City Manager Roger Haley introduced the item regarding the Policy governing conduct of the Lynwood City Council and Commissions. It was moved by Mayor Pro Tem Castro to approve staff recommendation, excluding number 11 since it's already being taken care of by statement number six, and the combination of the wording as the City Attorney stated with number five and number eight which basically are one and the same, so which is basically "All council Members and commissioners to follow the chain of command and proper protocol and that all. Council Members be privy to the same information at all times to be recorded by the City Manager and include the statements of number eight. After discussion by Council, it was subsequently moved by Council Member Morton, to bring the item back when everything is put together in writing so there is no misunderstanding for any of the public, as well as the City Council. Mayor Santillan seconded the original motion. The City Attorney read the following changes proposed by the original motion: Paragraph number five will now read as follows: "All council members and commissioners shall be privy to the same information at all times to be reported by the City Manager. This includes meetings with the City Attorney, special counsel, or department heads". Number eight will be deleted completely. Number eleven will be deleted completely. Council Member Morton asked the following statement be added to the minutes: "A few weeks ago, about four council meetings ago, I was complaining about one of our special counsels, hadn't given us information. We had to find out about it on the internet, of a judge's decision two weeks, I think, after the decision. And I was complaining saying all councilmen didn't know that, anything about that, none of the council knew it but one of the councilmen said I knew that, I knew that, and that's what I'm very much opposed to, any individual councilman getting information that all five, because we were voted five people individually on this council. We should get the information from special counsel the same as from our City Attorney and our City Manager. No individual council person should be interfering or getting involved where all five council people can understand and get immediate results of what is going on with that special counsel". ' After further discussion by Council Members, Council Member Morton asked that the following statement be added to the minutes: "As long as all five council members get the same information I'm happy with that but I just don't want individual council people to make decisions like the council in the past have got in problems with individual council men going and making their own decisions and not that it wasn't from some. of the advice of some of the past attorneys because these councilmen said they were given wrong advice from the attorneys so I do not know if that's true or not but that's what they said and thank god we got Fred as our attorney which is honest, I can speak for him at any time. I know we can depend on him to defend the rights of all of the people here in Lynwood as well as the city council and give us advice that we can trust". , AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #23 - A. SUBSEQUENT NEED ITEM - Request for Special Permit - Los Angeles County Sheriff's Athletic Association Mug Run It was moved by Council Member Morton, seconded by Mayor Pro Tem Castro to add the subsequent need item to the agenda. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES It was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro, to approv.e staff recommendation. , RESOLUTION NO. 2010.059 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE STREET CLOSURE FOR LA COUNTY SHERIFF'S DEPARTMENT AND WAIVING THE PERMIT FEES IN THE AMOUNT OF $1028.00 AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES Item #23 - B. SUBSEQUENT NEED ITEM - Request for Funding for Community Public Safety Meeting March 20, 2010 - Yvonne Burke/John D. Ham Park ~ It was moved by Council Member Rodriguez, seconded by Mayor Santillan, to add the subsequent Need Item to the agenda. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve staff recommendation and divide the cost between all five council members. 'RESOLUTION NO. 2010.060 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO TRANSFER $750 IN CITY COUNCIL DISCRETIONARY FUNDS TO THE RECREATION AND COMMUNITY SERVICES EVENTS ACCOUNT TO PROVIDE FOOD AND REFRESHMENTS FOR THE COMMUNITY PUBLIC SAFETY MEETING ON MARCH 20, 2010 AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE _ ABSTAIN: NONE ABSENT: COUNCIL MEMBERS FLORES CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Santillan asked the City Manager to send staff to the Chivas USA breakfast meeting on March 23`d. She asked staff to cut the weeds on Fernwood and the triangle property. She stated that the 72,000 that the City is using for the Amcal project could not be used towards buying foreclosed homes because there is not enough funds and it would take too much time. She stated that the City is going forward with the Amcat project because Council thinks it is a good project and because they need to do it as soon as possible. CLOSED SESSION City Attorney Fred Galante stated that there was no need to hold discussion as to the Redevelopment Agency Closed Session Item. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez and carried to recess to closed session at 7:57 p.m. The City Council reconvened at 9:25 p.m. City Attorney Fred 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 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency negotiators: HR Director Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association - _. Lynwood Management Employee Association . , ' ~ ~ ,~ ,1,~ ;, , ~'.~ No reportatileYaction~was•~taken:~- -''~4 ,~, . B. With ~ respect to every item of business to be discussed in closed session pursuant to Section 54956:9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One case Held a discussion, by motion of Council Member Rodriguez , second by Mayor Pro Tem Castro, voted unanimously with Council Member Flores absent, the City Council directed the City Attorney to file a complaint in the Superior Court to initiate litigation for collection of money to the City. C. 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 subdivision (b) for Section 54956.9: Two cases Held a discussion, no reportable action was taken. D. 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: Yvonne Peele v. City of Lynwood Case No. TC 023430, Los Angeles Superior Court Received an update, no reportable action was taken. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, and carried to adjourn the regular Lynwood City Council meeting at 9:27 p.m. G~ ~ ~~~~ Mar a Santillan, Mayor ~ ~ Maria Quinonez, City Clerk