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