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HomeMy Public PortalAboutM 2010-10-19 - CC LYNWOOD CITY COUNCIL � REGULAR MEETING October 19, 2010 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 5:07 p.m. Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez, Castro 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/PROCLAMA710NS . Eye on the Road Distracted Driving Awareness, Education, and Enforcement Campaign Proclamation Presented by the City Council to Lieutenant Chavez and Deputies Velasquez and Miranda. Lieutenant Chavez announced that during the distracted driving awareness week the sheriffs would have enhanced enforcement activities, including motorcycles on the lookout for phone violations. • Joe Battle Proclamation Presented by the City Council to Mr. Joe Battle III and Kim Battle in honor and memory of their father Mr. Joe Battle. Item #7. COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:19 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Sylvia Ortiz commented on Item #27 — REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CFIECK SIGNING POLICY. She stated that she is in opposition to the new check signing policy. She stated she was in support of Treasurer Alatorre and did not vote for the City Manager or Assistant City Manager. She stated that when she attempted to recall Mayor Pro Tem Castro, Treasurer Alatorre called her to dissuade her from proceeding with the process. She stated that the Lynwood residents are not incompetent and they know what is going on and soon everyone else will know as well. Frank P. Calderon commented on Item #27 — REVIEW OF CITY TREASURER'S DtJTIES AND APPROVAL OF CHECK SIGNING POLICY. He stated that he found the � policy to contain civil rights violations, including violation of ex post facto laws and voter's rights. Antonio Munguia commented on Item #25 — CONSIDERATION OF A CITYWIDE PARKING RESTRICTION BETWEEN THE HOURS OF 2 A.M..AND 6 A.M. AND RESTRICTION OF PARKING AT ANY TIME FOR SELECTED NEIGHBORHOODS. He stated that he is in support of the parking restriction even though he does not have a driveway on his property. He stated that the problem was i4legal tenters and he asked Council to handle the problem now before it gets worse later. He also commented on Item #27 — REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CNECK SIGNING POLICY. He stated that the staff report was hard to understand. He asked Council to take a closer look, think of the community and think hard about their decision. He stated he was in support of the Council as well as of Treasurer Alatorre. Paulette Bradley commented on Item #27 — REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CHECK SIGNING POLICY. She stated that she was taken aback by the staff report. She stated that the new policy was too far reaching, dangerous and gives the perception of someone becoming City Treasurer without an election. She stated that she has tried:to address issues in the City but has been ignored and now she knows why. She stated that she is embarrassed by disparaging coverage of Lynwood on the news and she is disappointed that the Council could not come up with a better way to solve their differences. Lorraine Reed commented on Item #25 — CONSIDERATION OF A CITYWIDE PARKING RESTRICTION BETWEEN THE HOURS OF 2 A.M. AND 6 A.M. AND RESTRICTION OF PARKING AT ANY TIME FOR SELECTED NEIGHBORHOODS. She stated that she is pleased to see this item which has been long over due. She suggested Council e�end the hours of the parking ban. She stated that her car's side mirror was broken by another car due to the congestion on her street. She asked for swift action on this issue which can potentially bring revenue to the City as well. City Treasurer Sai Alatorre commented on Item #27 — REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CHECK SIGNING POLICY. He stated that he was elected in 2007 and implemented internal policies and procedures in order to properly oversee the City's finances. He stated that the auditor that the Assistant City Manager hired was questionable due to his link with the Bell scandal. He asked Council to be reasonabie and to reconsider this item. He stated that every action`he has taken is in the best interest of the City and has no other interest other than serving the City he cares about. Sheryl Hammer commented on Item #27 — REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CHECK SIGNING POLICY. She stated she is an attorney on behalf of Treasurer Alatorre and late last week she contacted the City Attorney and let him know that the proposed policy was in violation of state law and she suggested that � council delay their decision. She stated that the proposed suggestion to give the Finance Director the discretion to invest City funds is erroneous and a clear violation of . .. .. .3.:.a. .. . law. She. stated that by not providing the Treasurer with the necessary funding for deputies, the Council is erroneously usurping his authority. She stated that the Council could not impinge upon the Treasurer's ability to carry out his duties. � PUBLIC ORAL COMMUNICATIONS Paulette Bradley stated that on the 15th of October, another senior tripped over the risers in the courtyard and fell. She stated that the emergency crew was there very promptly. She stated that this problem has been reviewed for over a year and a half and she asked Council for action in remediating the situation in order to protect the fragile senior community. Rodolfo Cordovan stated that he believes that the people elected to represent the residents are behaving correctly and he knows Mr. Alatorre as a good and respectable man. He asked Council to reconsider the situation and come to an agreement which the City could be proud of. Alex Landeros stated that the parking situation on Carlin is very bad. He stated that while there was a ribbon cutting ceremony on Carlin there was also a shooting on the next block and next to the shooting there was a block watch meeting. He stated that cramming so many people in one small space is not a good idea and 99 units of low � income housing wiil add to the parking problem. Additionally he stated that he only , voted for Mr. Alatorre as Treasurer, therefore any City Treasurer policy should be discussed with the Treasurer before it is implemented. He stated that he has paperwork regarding Mr. Torrez that he would like to share with the City Council. Yolanda Rodriguez stated that she supports the parking permits but believes the hours ' should be extended. She expressed her support for Mr. Alatorre and lauded him as a , great man who works for the benefit of the City. PUBLIC HEARINGS Item #8. PUBLIC HEARING FOR THE POCKET PARKS PROJECT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA} REVIEW FINDING OF NEGATIVE DECLARATION City Manager Roger Haley introduced the item regarding the Public Hearing for the Pocket Parks Project California Environmental Quality Act (CEQA) Review Finding of Negative Declaration. , It was moved by Council Member Morton, seconded by Mayor Pro Tem Castro, to open the public hearing. It was moved by Council Member Flores, seconded by Mayor Pro Tem Castro, to ciose the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to approve staff recommendation. RESOLUTION NO. 2010:214 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF TFiE CITY OF LYNWOOD APPROV{NG A NEGATIVE DECLARATION FOR THE DEVELOPMENT OF THE POCKET PARKS PROJECT LOCATED AT SANTA FE AVE AND 108 ST., GERTRUDE .DR. AND LOUISE ST., FIR ST. AND LYNWOOD RD., AND THORSON AVE. AND. CARLIN AVE AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. SPECIAL PERMIT APPLICATION- AMERICAN CHAUFFEURED TRANSPORTATION It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to open the public hearing. It was moved by Councif Member Morton, seconded by Mayor Pro Tem Castro, to close the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve staff recommendation. AYES: COUNCIL MEMBERS FLORES, MORTON, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss one closed session item. 1t was moved by Council Member Rodriguez, seconded by Council Member Morton and carried to recess to closed session at 5:53 p.m. The City Council reconvened at 6:09 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following �matters: Item #28. CLOSED SESSION ITEMS 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 subdivision (b) for Section 54956.9: , One case Held a discussion and no reportable action was taken. CONSENT CALENDAR It was moved by Council Member Morton, seconded by Mayor Pro Tem Castro, 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 #10. MINUTES OF THE PREVIOUS MEETINGS: �.• Regular Meeting — September 21, 2010 . Regular Meeting — October 5, 2010 Item #11. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2010.215 ENTITLED: A RESOLUTION OF TWE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12. LORRAIN STREET STOP SlGN INSTALL4TION SURVEY BETWEEN 108 STREET AND 112 STREET RESOLUTION NO. 2010.216 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE STOP SIGN INSTALLATIONS ON 109 STREET AND LORRAIN STREET, 110 STREET AND LORRAIN STREET AND 112 STREET AND LORRAIN STREET AND AUTWORIZE THE CITY ENGINEER TO INSTALL THESE SIGNS AND APPURTEIVANT PAVEMENT MARKINGS Item #13. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR THE RENTA� AND INSTALLATION OF TEfV1PORARY MODULAR BUILDINGS TO BE USED BY EMPLOYEES DURING ANNEX CONSTRUCTION RESOLUTION NO. 2010.217 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT DOCUMENTS AND WORKING DETAICS FOR THE RENTAL AND INSTALLATION OF A TEMPORARY MODULAR UIVITS BUILDING Item #14. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DETAILS FOR CITY HALL HEATING, VENTILATION AND AIR- CONDITIONING (HVAC) SYSTEM REPLACEMENT PROJECT RESOLUTION NO. 2010.218 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PLANS, CONTRACT.DOCUMENTS, AND WORKWG DETAILS FOR THE CITY HALL HEATING, VENTILATION, AND AIR-CONDITIONING UNITS Item #15. SELECTION OF AS-NEEDED CONSULTING FIRMS RESOLUTION NO. 2010.219 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSULTING FIRMS FOR ON-CALL SERVICES FOR THE CIVIC CENTER IMPROVEMENT PROJECT AND FUTURE CITY PROJECTS FOR A PERIOD OF THREE YEARS Item #16. PURCHASE OF SIX EMERGENCY GENERATORS FOR WELL NO. 22, PROJECT NO. 4011.67.894, AND NEW SCADA SYSTEM PROJECT NO. 4011.67.897 RESOLUTION NO. 2010.220 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE SIX EMERGENCY GENERATORS FOR WELL NO. 8, WELL NO. 9, WELL NO. 11. WELL NO. 19, WELL NO. 22 AND FOR THE NEW SCADA SYSTEM Item #17. ACCEPTANCE OF STREET dMPROVEMENT PROJECT, LONG BEACH BOULEVARD PROJECT NO. 4011.67.993 RESOLUTION NO. 2010:221 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CI7Y OF tYNWOOD ACCEPTING THE LONG BEACH BOULEVARD (PHASE I) IMPROVEMENT PROJECT, PROJECT NO. 4011.67.993, AS BEING COMPLETE; AND AUTHORIZING.THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION Item #18. CONTRACT CHANGE ORDER NO. 2 FOR WATER WELL NO. 15A PROJECT 4011.67.890 RESOLUTION NO. 2010.222 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 2 FOR THE DESTRUCTION OF SEVEN EXISTWG WATER WELLS (NUMBERS 1, 3, 4, 6, 7, 15A AND 20) CONTRACT WITH PALM SPRING PUMP, INC., PROJECT NUMBERS 4011.67.878, 890 AND 943 Item #19. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT GRANT AWARD ACCEPTANCE AND APPROPRIATION AND TRANSFER OF MATCHING FUNDS . RESOLUTION NO. 2010.223 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ACCEPTING A GRANT AWARD FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT TREE PARTNERSHIP PROGRAM IN THE AMOUNT OF $59,740 AND ' AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE AND TRANSFER $25,000 FROM UNAPPROPRIATED PARK MAINTENANCE GRANT FUNDS TO THE NEW CITY WIDE TREE PLANTING PROJECT Item #20. CALIFORNIA PRODUCT STEWARDSHIP COUNCIL PARTICIPATION AND SUPPORT OF EXTENDED PRODUCER RESPONSIBILITY RESOLUTION NO. 2010.224 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO ` PARTICIPATE IN THE CALIFORNIA PRODUCT STEWARDSHIP COUNCIL AND - SUPPORT EXTENDED PRODUCER RESPONSIBILITY . Item #21. REQUEST FOR PROPOSALS FOR COLLECTION AGENCY CONTRACT RESOLUTION NO. 2010.225 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT REQUEST FOR PROPOSALS FOR A NEW , COLLECTION AGENCY CONTRACT Item #22. ONE-YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH THE MANAGEMENT BARGAINING GROUP RESOLUTION NO. 2010.226 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE MANAGEMENT BARGAINING GROUP WHICH SETS FORTH ALL � TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS Item #23. SECOND READING OF PROPOSED AMENDMENT TO ORDINANCE — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING� SUBSECTION 8-4 TO CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE REGULATING VICIOUS AND DANGEROUS DOGS IN THE CITY OF LYNWOOD ORDINANCE NO. 1635 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDWG SUBSECTION 8-4 TO CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE , REGULATING VICIOUS AND DANGEROUS DOGS IN THE CITY OF LYNWOOD Item #24. 2010 BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE RESOLUTION NO. 2010:227 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CITY OF LYNWOOD'S CONFLICT OF INTEREST CODE, WHICH iNCORPORATES BY REFERENCE THE CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALWG CITY COUNCIL RESOLUTION NO. 2006-207 NEW/OLD BUSINESS Item #25. CONSIDERATION OF A CITYWIDE PARKING RESTRICTION BETWEEN THE HOURS OF 2 A.M. AND 6 A.M., AND RESTRICTION OF PARKING AT ANY TIME FOR SELECTED NEIGHBORHOODS Assistant City Manager Robert Torrez introduced the item regarding consideration of a citywide parking restriction between the hours of 2 a.m. and 6 a.m., and restriction of parking at any time for selected neighborhoods. He reported that although the City only has capacity for 30,000 vehicles to park, there are around 45,000 vehicles in the City. Parking Control Manager J.D. Whitaker gave a report on his research of other cities parking control programs. He supported a parking control program for the City of Lynwood. He warned that if the City does not act now, it will be harder to implement later. It was moved by Mayor Pro Tem Castro to move forward with the pilot program requiring parking permits without charge, city wide, except for major corridors where business takes place. Council Member Rodriguez asked for clarification of the motion. Mayor Pro Tem Castro clarified that the City would assess each property owner's need for the parking permits. She used her own household as an example, in which she would on�y need one parking permit for her son. She also stated that the City should revert the street sweeping schedule back to the old schedule. Mayor Santillan made a subsequent motion to move forward with the pilot program on Atlantic to Bullis and Carlin to Fernwood. City Manager Haley summarized Council's direction to conduct a small pilot program, south of 105 freeway, east of Bullis, west of Atlantic, and north of Carlin, and when the item comes back to council in 90 days, it will include a public outreach campaign and more specific details for Council. Council Member Rodriguez suggested that the motion include direction for s4aff to include a fee structure regarding violation citations when the item is brought back to Council. Mayor Pro Tem Castro seconded the motion that induded Council Member Rodriguez's suggestion, with the clarification that the parking permits would be given to residents without a fee. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN ' NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #26. REVIEW OF BOARD AND COMMISSION MEMBERS City Cierk Maria Quinonez introduced the item regarding the review of board and commission members: It was moved by Council Member Rodriguez to appoint Alicia Fombona to the Women's Commission. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #27. REVIEW OF CITY TREASURER'S DUTIES AND APPROVAL OF CHECK SIGNING POLICY City Attorney Fred Galante introduced the item regarding review of the City Treasurer's duties and approval of check signing policy. It was moved by Mayor Pro Tem Castro, seconded by Mayor Santillan, to approve the check signing policy but not the investments portion at this time. City Attorney Fred Galante clarified that they are not changing the 2005 resolution. Mayor Santillan seconded Mayor Pro Tem Castro's motion and asked that a stipulation that the Treasurer has 90 days to hire a financial consultant be added to the motion. Mayor Pro Tem Castro amended her motion to include that the Treasurer has 90 days to hire a tinancial consultant. RESOLUTION NO. 2010: 228 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOp ESTAB�ISNING A CHECK SIGNING POLICY ADDRESSING TH PROGEDURES FOR APPROVING AND ISSUING PAYMENTS BY THE CITY OF LYNWOOD AND ITS RELATED AGENCIES AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: COUNCIL MEMBERfLORES ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Flores thanked everyone for attending the meeting and expressing their opinions even though it was a rainy day. He thanked the City of Bell. Council Member Morton thanked everyone for attending the meeting even though it was ' rainy out. He mentioned that Texas has gotten a lot of rain too. Me said the state wants to cut 20% of its water use and he knows everyone does not like that but neither does . .. . the City Council. He stated that there is no competition between the elected officials and they all have their jobs to do. He stated that he does not have a problem with the City Treasurer's investigation of things because he himself spent his life investigating things and he appreciates it. He stated that if the City Treasurer finds something wrong � then the Council wants to know about it because they want the best for the residents of � the City of Lynwood. He stated that Lynwood was one of the very few cities that did not ; have to lay off any employees this budget session and the Council is working for the residents of Lynwood. Mayor Pro Tem Castro thanked everyone for coming out. She thanked the City of Bell for teaching us what not to do. She asked everyone to remember that there is always more than one side to a story and asked that everyone make sure that they take the time to investigate. She stated that the entire City Council agenda is available online from the City Clerk's page and she advised everyone to take the time to read it, analyze • it and not to just rely on gossip. She stated that the Council wili not function unless they work as a team and put their personal issues aside. She stated that the Council has made some strides but there is still a long way to go. She reminded everyone that when you point a finger, you have a lot more pointing back at you. She noted that her friends from EI Paso were visiting and got to witness the Council Meeting and will probably go back to EI Paso and report that Lynwood has some issues. She stated that Council, Elected Officials and staff must act professionally because when they make mistakes it goes out into the public. She asked that if someone really cares about the community, they should not just point out the problem, but also offer a solution. Mayor Santiilan told the City Treasurer that she hopes they can have something within the next ninety days and she hoped the problem does not arise again. She questioned whether Council should have been more involved. She stated she hoped everyone could continue to work together. She stated that all of Council's positive accomplishments are due to them working together. She thanked everyone for attending. She reminded everyone with an invitation to the State of the City Address to RSVP. SUBSEQUENT NEED ITEM City Attorney Fred Galante announced that a subsequent need item arose after the posting of the agenda and it needed to be addressed by the Lynwood Redevelopment Agency. He stated that the item was a Conference with Real Property Negotiator concerning the property at APN 6170-039-012 and the negotiating party wouid be agency counsel, the Redevelopment Director and Mr. and Mrs. Jose Contreras. It was moved by Council Member Morton, seconded by Council Member Rodriguez, to add the subsequent need item to the Lynwood Redevelopment Closed Session Agenda. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ' ABSENT: NONE ADJOURNMENT Having no further discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores, and carried to adjoum the regular Lynwood City Council meeting at 8:24 p.m. r �l�/-st� ��2c�.�_ � Maria T. Santillan, Mayor Maria Quinonez, City Clerk