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Home My Public Portal AboutM 2016-05-17 - CCLYNWOOD CITY COUNCIL REGULAR MEETING MAY 17, 2016 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 Hernandez presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ALATORRE, SANTILLAN -SEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ STAFF PRESENT: City Manager Beltran, City Attorney Garcia, City Clerk Quinonez, Executive Assistant to City Clerk Betancur and City Treasurer Camacho. Mayor Hernandez acknowledged the presence of City Treasurer Gabriela Camacho. Item #4. PLEDGE OF ALLEGIANCE The posting of the Colors and the Pledge of Allegiance were carried out by the team of Explorers. Item #5. INVOCATION . The invocation was offered by Rev. Robert Robinson, Jr. Item #6. PRESENTATIONS /PROCLAMATIONS • Rick Phillips, FTN Financial Main Street Advisors LLC Rick Phillips, President and Chief Investment Officer of FTN Fi- nancial Main Street briefed the Council on the City's Financial In- vestments and answered questions from the City Council. 4a, °: Sheriff Captain Carter— Update on Law Enforcement Issues 1 :cL Lynwood City Council Regular Meeting Minutes — May 17, 2016 Sergeant Shigo spoke about the zero tolerance speed campaign with the Sheriffs Office passing out flyers to businesses and members of the community; stated that so far since the campaign started in the past month 150 speeding tickets had been issued; spoke about the success of the Ciclavia event; reminded the Council about the Station open house. Deputy Aiken reported on the cyber bullying and anti - bullying ef- forts by the Sheriffs Office within local schools. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). Council Member Alatorre reported on having attended the Con- tract Cities Annual Conference in Indian Wells stating that it was a good and informative event and reported on the ballot measures on the November ballot such as AB109 and Prop 47 and the Measure R second phase, which would have an impact on the community. Council Member Solache spoke about the LA River meeting in South Gate; spoke about the legislative bills Council Member Alatorre mentioned and the potential impacts on Lynwood. Item #7. CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY MOTION: It was moved by Council Member Solache, seconded by Council Member Santillan -Beas to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:31 p.m. Motion carried by a 5 -0 vote. The City Council recessed to the Successor Agency meeting at 6:31 p.m. The City Council reconvened to the regular meeting at 6:33 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Mayor Hernandez announced that Mr. German Casias representative from Congresswoman Hahn's office was in the audience. Mr. Casias announced that he was the new representative for the congresswoman and that he would be representing Lynwood; made an announcement about the Congressional Art Competition. Lynwood City Council Regular Meeting Minutes— May 17, 2016 Harry Gibbons addressed the City Council regarding items Nos. 17 and 27; he stated that he was in support of S13272; in relation to item 27, he thanked the City Council for the good job on the sidewalk repair at 3244 Euclid Avenue. NON - AGENDA PUBLIC ORAL COMMUNICATIONS Irene Garcia stated that she had been requesting trolley benches and overhead protection for the residents; and spoke about the City Council continuing to get paid even when there were fewer meetings per month. CITY COUNCIL ORAL AND WRITTEN COMMUNICATIONS Council Members by mutual consent entertained Council Orals at the end of the meeting PUBLIC HEARING Item #8. EXXONMOBIL OIL CORPORATION ORDINANCE NO. 1600 City Manager Beltran and Planning Manager Poland, presented the staff report and answered questions from the City Council. MOTION: It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to open the public hearing. Motion carried unanimously. Irene Garcia inquired about the type of safety measures to prevent underground leakage. MOTION: It was moved by Council Member Solache, seconded by Council Member Santillan -Beas to close the public hearing. Motion carried unanimously. MAIN MOTION: It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Castro to accept staffs recommendation. Council Member Alatorre inquired about the length of time of the agreement; inspection of the manholes, how much money the City was getting; and the boundaries of what was being proposed in terms of the location of the pipes. After a lengthy discussion, there was a subsidiary motion by Mayor Pro Tern Castro. SUBSIDIARY MOTION: It was moved by Council Member Alatorre, seconded by Mayor Pro Tem Castro to continue the public hearing to the next Council meeting. Motion carried by the following roll call vote: 1i 40A 41 AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ Lynwood City Council Regular Meeting Minutes — May 17, 2016 NOES: NONE ABSTAIN: NONE ABSENT: NONE Item tabled by Minute Order No. 2016 -68 Item #9. PROPOSED URGENCY ORDINANCE THEREBY ADOPTING AN IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATION FOR THE IN- STALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICA- TION, OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGI- TAL, OR CHANGEABLE MESSAGE BILLBOARDS IN ALL ZONING DIS- TRICTS MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tern Castro to open the public hearing. Motion carried unanimously. Irene Garcia commented that the City was oversaturated with these billboards and that there were far too many; stated that these billboards that had flashing lights were distracting to motorists. MOTION: It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Castro to close the public hearing. Motion carried unanimously. A substantial discussion on the subject ensued with members of the City Council commenting on the various legal aspects of the ordinance regarding advertisements that relate to alcohol, tobacco and explicit sexual content; comments were made that the language had to me more specific while not infringing upon anyone's first amendment rights; that these billboards were on Caltrans land but that they still impacted the City of Lynwood. City Manager Beltran stated that the whole purpose of the moratorium was to allow for closer scrutiny of these billboards. MOTION: It was moved by Mayor Pro Tern Castro, seconded by Council Member Santillan -Beas to approve staffs recommendation. Motion carried by the following roll call vote: ROLL CALL AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE 4 Lynwood City Council Regular Meeting Minutes — May 17, 2016 CONSENT CALENDAR MOTION: It was moved by Mayor Pro Tern Castro, seconded by Council Member Solache to approve the consent calendar with the exception of items 14, 15, and 16, which were pulled for a separate discussion. Motion carried by the following roll call vote: Council Member Alatorre requested that item Nos. 14 and 16 be pulled. Council Member Santillan -Beas requested that item No. 15 be pulled. Item #10. MINUTES FROM PREVIOUS MEETINGS: Regular meeting — March 5, 2016 Regular meeting — April 5, 2016 Approved by Minute Order No. 2016 -69 Item #11. APPROVAL OF THE WARRANT REGISTER ROLL CALL AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2016.097 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #12. CONTRACT RENEWAL FOR FTN FINANCIAL MAIN STREET CAPITAL ADVISORS RESOLUTION NO. 2016.098 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLYNWOOD, CALIFORNIA EXECUTING THE DISCRETIONARY MANAGEMENT AGREEMENT WITH FTN FINANCIAL MAIN STREE ADVISORS Item #13. SUMMER FOOD SERVICE AGREEMENT RESOLUTION NO. 2016.099 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY 5 Lynwood City Council Regular Meeting Minutes— May 17, 2016 OF LYNWOOD AND THE LYNWOOD UNIFIED SCHOOL DISTRICT TO PROVIDE MEALS FOR THE SUMMER FOOD SERVICE PROGRAM Item #14. ADOPT A RESOLUTION AUTHORIZING THE SPECIAL PROJECTS MAN- AGER TO SUBMIT AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR THE BEVERAGE CONTAINER RECYCLING PAYMENT PROGRAM (PULLED) Council Member Alatorre asked for a brief explanation on this item. Public Works Director /City Engineer Godinez stated that this was a program that was funded through the CRV, which was designed to fund programs that encourage recycling and litter prevention; that the funding that comes to the cities was population based. MOTION: It was moved by Council Member Alatorre, seconded by Council Member Solache to accept staffs recommendation. Motion carried by the following roll call vote: ROLL CALL AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2016.100 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE SPECIALPROJECTS MANAGER, OR HER DESIGNEE, TO EXE- CUTE ALL NECESSARY DOCUMENTS FOR THE CALIFORNIA BEVERAGE CON- TAINER RECYCLING CITY /COUNTY PAYMENT PROGRAM Item #15. INTENT TO LEVY PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT AND APPROVE THE PBID ANNUAL SPENDING PLAN FOR FISCAL YEAR 2016 -2017 (PULLED) Council Member Santillan -Beas asked if the Lynwood sign on Imperial Highway between Atlantic and Wright Road was on the list to be replaced with staff answering in the affirma- tive; commented that the parking lot on Long Beach Boulevard east of Long Beach Boulevard behind TAJ needed to be paved and asked of staff if this could be included in the 2017 budget. RESOLUTION NO. 2016.101 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA APPROVING THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DIS- TRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS Lynwood City Council Regular Meeting Minutes — May 17, 2016 ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2016 -2017; APPROVING THE PBID FISCAL YEAR 2016 -2017 SPEND- ING PLAN AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT Item #16. AMENDMENT TO THE AGREEMENT WITH MV CHENG & ASSOCIATES Council Member Alatorre wanted to get more specific information relative the scope of work of this contractor. Finance Director Hall stated that this was a request to amend an existing contract with MV Cheng; that originally the contract was for water billing and that there had been a re- cent retirement of an Account Clerk; that the scope of work was that of the vacant posi- tion; that the payroll specialist was out on leave and therefore the second duty would be payroll specific duties assigned to several individuals not one person doing all these func- tions. There were additional comments and questions from the City Council, which were ad- dressed by staff. Mayor Pro Tern Castro requested that staff develop a policy regarding hiring practices stating that any open vacancy recruitments must be commenced within two weeks of Council's approval. MOTION: It was moved by Mayor Pro Tern Castro, seconded by Council Member Solache to accept staffs recommendation. Motion carried by the following roll call vote: ROLL CALL AYES: COUNCIL MEMBERS SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: ALATORRE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2016.102 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA APPROVING THE AMENDMENT OF THE EXISTING AGREEMENT WITH MV CHENG & ASSOCIATES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Item #17. SENATE BILL MUMBER 272 CHAPTER 795 — CATALOG OF ENTER- PRISE SYSTEMS Received and file by Minute Order No. 2016 -70 Lynwood City Council Regular Meeting Minutes — May 17, 2016 Item #18. AUTHORIZATION TO INCUR EXPENDITURES EXCEEDING CITY MAN- AGER'S PURCHASING AUTHORITY LIMIT FOR ANNUAL MAINTE- NANCE AGREEMENT FOR CITY'S FINANCIAL MANAGEMENT SYSTEM RESOLUTION NO. 2016.103 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING STAFF TO INCUR EXPENDITURES EXCEEDING THE CITY MANAG- ER'S $15,000 PURCHASING AUTHORITY LIMIT FOR AN ANNUAL MAINTENANCE AGREEMENT FOR THE CITY'S FINANCIAL MANAGEMENT SYSTEM THROGH TYLER TECHNOLOGIES — EDEN DIVISION FOR FISCAL YEAR 2017 AND FISCAL 2018 Item #19. ADOPTION OF PLANS, CONTRACT DOCUMENTS AND WORKING DE- TAILS FOR THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.993 RESOLUTION NO. 2016.104 ENTITLED: A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADOPTING THE PLANS, CONTRACTS DOCUMENTS AND WORKING DETAILS FOR THE LONG BEACH BOULEVARD IMPROVEMENT PROJECT, PROJECT NO. 4011.67.993, FEDERAL PROJECT NO. HPLUL 5250 (023); AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS ENGINEERING STAFF TO SOLICIT BIDS FOR STREET IMPROVEMENTS Item #20. CONSTRUCTION FUND APPROPRIATION FOR CARLIN AVENUE AND THORSON AVENUE INTERSECTION, FLASHING BEACON STOP SIGNS UPGRADE RESOLUTION NO. 2016.105 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO APPROPRIATE $20,000 FROM THE UNAP- PROPRIATED PROC C FUND TO CARLIN AVENUE AND THORSON AVENUE FLASH- ING BEACON STOP SIGN UPGRADE Item #21. CONSTRUCTION AND FUND APPROPRIATION FOR FERNWOOD AVE NUE AND BULLIS ROAD TRAFFIC SIGNAL IMPROVEMENT PROJECT RESOLUTION NO. 2016.106 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO APPROPRIATE $187,400 FROM THE UN- APPROPRIATED PROC C FUND TO FERNWOOD AND BULLIS ROAD TRAFFIC SIG- NAL IMPROVEMENT PROJECT Item #22. FUND APPROPRIATION FOR MTA BUS SHELTER SIDEWALK IM- PROVEMENT PROJECT 91 Lynwood City Council Regular Meeting Minutes — May 17, 2016 RESOLUTION NO. 2016.107 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO APPROPRIATE $60,000 FROM THE UNAP- PROPRIATED PROC C FUND TO MTA BUS SHELTER SIDEWALK IMPROVEMENT PROJECT Item #23. AUTHORIZATION TO PURCHASE EQUIPMENT FOR STREET MAINTE- NANCE DIVISION OF THE PUBLIC WORKS DEPARTMENT RESOLUTION NO. 2016.108 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING STAFF TO PURCHASE EQUIPMENT FOR STREET MAINTENANCE DIVISION OF THE PUBLIC WORKS DEPARTMENT FOR APPROXIMATELY $57,566 Item #24. CLAIM FOR DAMAGES BY MARIA GUADALUPE Denied by Minute Order No. 2016.71 Item #25. CLAIM FOR DAMAGES BY INFINITY A/S /0 ROSALIA HERNANDEZ Denied by Minute Order No. 2016.72 Item #26. CLAIM FOR DAMAGES BY LUCIA AND LUIS CORTES Approved by Minute Order No. 2016.73 Item #27. CLAIM FOR DAMAGES BY DORA PACHECO Denied by Minute Order No. 2016.74 CONSENT CALENDAR Item #28. SECURITY CONTRACT EXTENSION Motion: It was moved by Council Member Santillan -Beas, seconded by Council Member Solache to approve staffs recommendation. Subsidiary Motion: It was moved by Mayor Pro Tern Castro to table the item, continue services as they were pending research and further consideration with the understanding that the extension of time was left up to staffs discretion, seconded by Mayor Hernandez. Motion carried by the following roll call vote: ROLL CALL AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ 9 Lynwood City Council Regular Meeting Minutes — May 17, 2016 NOES: NONE ABSTAIN: NONE ABSENT: NONE Extension approved for 60 days and Resolution tabled by Minute Order No. 2016.75 Item #29. REQUEST FOR APPROVAL TO EXECUTE AN AGREEMENT WITH THE CITY OF LOS ANGELES DEPARTMENT OF ANIMAL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF LYNWOOD City Manager Beltran stated that feedback was still pending from the Office of the City At- torney of the City of Los Angeles to finalize the item and therefore, staff was requesting this item to be tabled to the next meeting. Item tabled by Minute Order No. 2016.76 CITY COUNCIL ORAL AND WRITTEN COMMUNICATIONS Council Member Alatorre spoke in relation to the tough times with the budget; that there would be more budgetary adjustments as it related to contracts and that he was on board to make such adjustments; that he understood that every department needed to watch their budget and made sure that the people that they hire were effective because their jobs may not be there in the future. He further commented on the security contract that was pulled from the agenda that he wanted to ensure the City received more specific in- formation regarding the services and scope of work. Council Member Santillan -Beas thanked the Public Works Director /City Engineer Godinez for his efforts with Graffiti removal at Linear Park; suggested that doggie bags be placed at the park; spoke about the homeless person who had taken residence at the park and asked if there was anything the City could do to help him transition away from the park; and thanked parking enforcement for their efforts in ticketing those who were double parked. Council Member Solache spoke about several concerns he was made aware of, one of them having to do with flyers that were being posted on polls around different schools ad- vertising for summer jobs; stated that these were not legal in relation to the City allowing them; stated that he was concerned about the source of these advertisements; requested that staff removed them and that the schools could assist in this effort; spoke about the budget meeting and that he was calling to all staff to get together and think about the cuts that were being proposed. CLOSED SESSION City Attorney Garcia provided the closed session report and led the City Council into closed session. 10 Lynwood City Council Regular Meeting Minutes— May 17, 2016 MOTION: It was moved by Council Member Solache, seconded by Council Member Santillan -Beas to recess to closed session at 8:08 p.m. Motion carried by a 4 -0 vote. The City Council reconvened at 8:58 p.m. A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Haydee M. Sainz, Director of Human Resources and Risk Management Employee Organization: LEA/AFSCME Local 1920 LEMG (Lynwood Employees Management Group) There was no reportable action 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: Solorzano v. City of Lynwood, et al., Case No. CV 15- 6099 RGK MOTION: It was moved by Mayor Hernandez, seconded by Council Member Santillan -Beas to provide direction to defense counsel for the City of Lynwood for a physician in the case. Motion carried by a 5 -0 vote. 2. Name of Case: Foreman vs. City of Lynwood, et. al., Case No. BC584711 There was no reportable action. 11 Lynwood City Council Regular Meeting Minutes — May 17, 2016 ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tern Castro to adjourn the meeting, seconded by Council Member Santillan -Beas and carried to adjourn the regular Lynwood City Council meeting at 8:58 p.m. Edwin Hernandez ayor 12 "Maria Quinonez, City Clerk