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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