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Home My Public Portal AboutM2007-07-17-CCLYNWOOD CITY COUNCIL REGULAR MEETING JULY 17, 2007 The City Council of the City of Lynwood met in a regular meeting at the Senior Center on the above date at 5:00 p.m. Mayor Byrd presiding. Council Members Johnson, Pedroza, Santillan, Vasquez, and Byrd were present. Also present were Assistant City Manager-Finance Arnoldussen, City Attorney Beltran and, City Clerk Hooper. City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. It-was moved by Mayor Pro Tem' Pedroza, seconded by Council Member Santillan and carried to recess to the Lynwood Redevelopment Agency.. Before Council recessed, Mayor Byrd reordered the agenda to hear item #13. Item #13 ?SUPPORT OF SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY (SCIG) PROJECT RESOLUTION NO. 2007.105 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE-SOUTHERN CALIFORNIA INTERNATIONAL GATEWAY (SCIG) PROJECT. 1 ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia spoke on item #22 - FY 2007-08 CHAMBER OF COMMERCE - She stated that the Chamber does not need to be funded by the City. Rebecca Wells spoke on item #22 - FY 2007-08 CHAMBER OF COMMERCE - She is in agreement with giving the Chamber quarterly rate reports to see how the Chamber is spending their money. She would like Council to reconsider the amount of money that is given to the Chamber of Commerce. ~., PUBLIC ORAL COMMUNICATIONS NONE PUBLIC HEARING Item #7 PUBLIC HEARING ON THE LYNWOOD PARKING & BUSINESS IMPROVEMENT DISTRICT (PBID) AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2007-2008. It was moved by Mayor Pro Tem Pedroza, seconded by Council Member Santillan, and carried to open the public hearing. It was moved by Council Member Santillan, seconded by Mayor Byrd, and carried to continue the public hearing at the next regular scheduled Council Meeting. Item #8 LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FY 2007-08 It was moved by Mayor Pro Tem Pedroza, seconded by Mayor Byrd, and carried to open the public hearing. . Irene Garcia stated that she is providing the, maintenance on her parkway rather than the City. It was moved by Council Member Vasquez, seconded by Mayor Byrd, and carried to close the public hearing. It was moved by Mayor Byrd, seconded by. Mayor Pro Tem Pedroza to hold a public hearing regarding rates for the Lynwood Landscape Assessment District and to approve the following resolution. RESOLUTION NO. 2007.106 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2007-2008". ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9 LYNWOOD LIGHTING ASSESSMENT DISTRICT FY 2007-08 It was moved by Council Member Johnson, seconded by Council Member Santillan, and carried to open the public hearing. Irene Garcia stated that she does not have a light in front of her house but she pays for them anyway. It was moved by Council Member Johnson, seconded by Council Member Santillan, and carried to close the public hearing. Dan Ojeda stated that 400 light poles have been changed by Edison. Lynwood has a total of 2,000 light poles 1,100 belong to Edison and the rest belong to the City. All of the steel poles are going to be changed. to concrete - marbelite poles. It was moved by Mayor Byrd, seconded by Mayor Pro Tem Pedroza to hold a public hearing regarding rates for the Lynwood Lighting Assessment District and to approve the following resolution. RESOLUTION NO. 2007.107 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2007- 2008" ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10 PUBLIC HEARING FOR SUBSTANTIAL CHANGE NO. 2 TO THE HOME PROGRAM It was moved by Mayor Byrd, seconded by Mayor Pro Tem Pedroza, and carried to open the public hearing. It was moved by Mayor Pro Tem Pedroza, seconded by Mayor Byrd, and carried to close the public hearing. It was moved by Mayor Byrd, seconded by Mayor Pro Tem Pedroza to approve the resolution. RESOLUTION NO. 2007.108 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO APPROVE SUBTANTIAL CHANGE NO. 2 TO THE HOME PROGRAM FOR THE PURPOSE OF REPROGRAMMING HOME FUNDS TO ACQUIRE PROPERTY AND DEVELOP AFFORDABLE HOUSING. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: -NONE PEDROZA, SANTILLAN, CONSENT CALENDAR i ~~ All matters listed under the Consent Calendar will be acted upon by one motion affirming the;action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. Council Member Johnson pulled item #14 -CONTRACT AMENDMENT FOR THE CITY HALL ADA IMPROVEMENT PROJECT, PROJECT NO. 4011.67.951.62015, (05-5301) It was moved by Council Member Johnson, seconded by Council Member Vasquez, to approve the minutes and adopt the Resolutions. Item #11 ;MINUTES OF PREVIOUS MEETINGS: • Regular Meeting -May 15, 2007 • Special Meeting -May 29, 2007 • Regular Meeting -June 5, 2007 • Special Meeting -June 6, 2007 Item #12 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2007.109 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #15 ACCEPTANCE OF THE SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 05-5343 (4011.67.985.62015) RESOLUTION NO. 2007.110 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 05- 5343 (4011.67.985.62015) AS COMPLETE". Item #16 APPROVAL OF FINAL TRACT MAP 62978 RESOLUTION NO. 2007.111 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING FINAL TRACT MAP NO. 62978. Item #17 RATIFICATION OF PURCHASE OFFER AND AUTHORIZATION FOR THE USE OF 20% SET ASIDE FUNDS FOR THE ACQUISITION OF 3250 MAGNOLIA AVENUE AND OTHER RELATED COSTS RESOLUTION NO. 2007.112 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD (1) RATIFYING A PURCHASE OFFER ON REAL PROPERTY AS AUTHORIZED ON MAY 29, 2007 DURING A CLOSED SESSION (2) AUTHORIZING THE MAYOR OR THE INTERIM EXECUTIVE DIRECTOR OF THE LYNWOOD REDEVELOPMENT AGENCY OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS REQUIRED FOR THE PURCHASE OF THE REAL PROPERTY LOCATED AT 3250 MAGNOLIA AVENUE USING HOME PROGRAM FUNDS AND (3) AUTHORIZING THE USE OF 20 PERCENT HOUSING SET ASIDE FUNDS TO PURCHASE THE REAL PROPERTY LOCATED AT 3250 MAGNOLIA AVENUE AND TO SECURE THE DIFFERENTIAL BETWEEN HOME FUNDS LIMITS AND THE PURCHASE PRICE OF THE PROPERTY AND OTHER RELATED COSTS RELATED TO SAID PROPERTY ACQUISITION FROM THE LYNWOOD REDEVELOPMENT AGENCY HOUSING 20 PERCENT SET ASIDE FUNDS". Item #18 CONSTRUCTION CONTRACT AWARD PUBLIC WORKS YARD DRAINAGE IMPROVEMENT PROJECT,. PROJECT NUMBER 05-- 5352 RESOLUTION NO. 2007.113 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO ELITE BOBCAT SERVICE (EBS), INC. IN THE AMOUNT OF $130,780 FOR THE BASE BID AND ADDITIVE BID OF THE LYNWOOD PUBLIC WORKS YARD DRAINAGE IMPROVEMENT PROJECT, PROJECT NUMBER 05-5352, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS. Item #19 CITY MANAGER EMPLOYMENT SERVICES AGREEMENT RESOLUTION NO. 2007.114 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE. RETENTION OF SERVICES OF CITY MANAGER. ` ~ - ~., i ~, ROLL CALL: AYES: NOES: ABSTAIN ABSENT: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NONE NONE NONE Item #14 CONTRACT AMENDMENT FOR THE CITY HALL ADA IMPROVEMENT PROJECT, PROJECT NO. 4011.67.951.62015, (05-5301) Council Member Johnson pulled this, item. He wanted to know if this item was a change order. Dan Ojeda, the Director of Public Works, stated that this item was an amendment to the design consultant to help with the construction administration during the the project. RESOLUTION NO. 2007.115 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING' THE EXISTING CONTRACT WITH WESTGROUP DESIGNS, INC. (AMENDMENT NUMBER 3) IN THE AMOUNT OF $14,940 FOR CONSTRUCTION ADMINISTRATION FOR THE CITY HALL ADA IMPROVEMENT PROJECT, PROJECT NO. 4011.67.951.62015, (05-5301)". --~ ROLL CALL: AYES: ~ COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #20 REQUEST - LYNWOOD LATINO COALITION Mayor Byrd introduced this item. He stated that the Lynwood Latino Coalition has submitted a request to sponsor athree-day arts, cultural festival and International Housing Exposition inside Lynwood City Park. Council Member Santillan did not want to support this event because the 2007- 08 budget has not been approved. Perry Brent stated that there will be no cost to the City of Lynwood Edgar Aranda from the Latino Coalition stated that he wants to put together a '"'°''-'~; cultural event for the community. He is seeking partnership with other entities some of the exhibitors to provide donations to cover the costs of the event. ' Council Member Vasquez spoke in favor of this event because it would be inclusive of the diverse Latino Community in the City of Lynwood. It was moved by Mayor Byrd, seconded by Council Member Vasquez to support this event at no cost to the City and to have staff meet with the Latino Coalition to work on the details. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21 TELEVISION PROGRAMMING OF CITY EVENTS Council Member Johnson introduced this item. He stated that this item would allow the City Council Meetings to be televised so that the community would have the information that they need first hand, which would do away with propaganda or incorrect information. He stated that it would cost $300,000 for this project.- Perry Brents stated that he is trying to cut the cost by completing some of the processes in house rather than going to outside sources. Contractors will be utilized in the case of large City events. The equipment is the largest cost in this project. He is also looking into training for City staff to perform camera shoots. Laura Alderete would like to go live on the Internet via the webcam and do a pod cast. William Bull, from Golden Bull Production, offered his services to the City Council After discussion, it was moved by Council Member Johnson and seconded by Council Member Vasquez to have staff do research and provide a report on this item. ROLL CALL: AYES: COUNCIL MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD ~ ~ '~"` NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22 FY 2007-08 CHAMBER OF COMMERCE Laura Alderete introduced this item. If Council chooses to pay the Chamber of Commerce a one lump sum, have the resolution include that the Chamber of Commerce Executive Board needs to report quarterly on how their funds are being used. Council Member Johnson was in favor of installments. Laura Alderete stated that the Chamber of Commerce can be paid on quarterly installments. Council Member Santillan is in agreement with quarterly installments. Lorry Hempe stated that part of the agreement is being funded through the j Redevelopment Agency. The resolution calls for approval by the Redevelopment Agency but it is not on the Redevelopment Agency agenda. The agreement will have a portion coming from the City and the Redevelopment ~~, Agency Board will be asked if they would like to pay a one lump, sum from their agency to the Chamber of Commerce. Council Member Vasquez suggested that this item should be brought back for the next Redevelopment Agency Meeting. Lorry Hempe, Assistant City Manager, stated that a decision can be made on the City Council end which is a portion of the contract amount and bring it back on the August 7th agenda, for the next Redevelopment Agency meeting with a separate resolution. Bruce Arnoldussen, the interim City Manager, recommended that Council pay the lump sum. Today, The Chamber of Commerce was paid for the month of July. The remaining balance will be paid at the next August council meeting with a quarterly report. After discussion, it was moved by Mayor Byrd and seconded by Mayor Pro Tem Pedroza to approve the resolution, pay the lump sum from the City Council side and bring back a new resolution from .Redevelopment Agency at the next council meeting, for approval from the Redevelopment Agency for a lump sum from the Agency side. RESOLUTION NO. 2007.116 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE PAYMENT TO THE CHAMBER OF COMMERCE FOR THE SERVICE AGREEMENT FOR FISCAL YEAR 2007-2008 IN ONE LUMP SUM". ROLL CALL: AYES: '~ COUNCIL MEMBERS JOHNSON, PEDROZA, VASQUEZ, AND BYRD NOES: SANTILLAN ABSTAIN: NONE ABSENT: NONE CLOSED SESSION Item #23 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: Michael Garcia v. City of Lynwood Claim No. 070-02-00007, 070-04-00002, 070- 04-00009, 070-05-00018 B. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: '' CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Richard Kreisler -Chief Negotiator Alfredo J. Lopez, III -.Alternate ~"'~- Em to ee Or anization: L nwood Mana ement Em to ee p ~ Y 9 Y 9 p Y ~ , Association C. With respect to every item of business to be discussed. in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessors Parcel Numbers in Attachment "A" to this agenda. Agency Negotiator: City Staff and City including but not limited to .Interim City Manager, Assistant City Manager, City Attorney, and Avant Garde Negotiating: See listing of properties and property owners "Seller" or Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Two (2) Cases E. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE EVALUATION Title: Public Information Officer Assistant City Manager-Finance Assistant City Manager ~l L~J F. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/PERFORMANCE EVALUATION/ DISMISSAL/RELEASE Title: City Attorney It was moved by Council Member $antillan, seconded by Council Member Vasquez, and carried to recess to closed session at 9:55 p.m. Council reconvened at 11:27 p.m. City Attorney Beltran stated that the Council met on the aforementioned matters and with respect to the following: -- I Item #23 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: Michael Garcia v. City of Lynwood Claim No. 070-02-00007, 070-04-00002, 070- 04-00009, 070-05-00018 After the report and discussion, a consensus was reached on a 5-0 basis on the disposition of the settlement of the case. B. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Richard Kreisler -Chief Negotiator Alfredo J. Lopez, III -Alternate Employee Organization: Lynwood Management Employee Association This item was pulled. ;~~-, i C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessors Parcel Numbers in Attachment "A" to this agenda. Agency Negotiator: City Staff and City including but not limited to Interim City Manager, Assistant City Manager, City Attorney, and Avant Garde Negotiating: See listing of properties and property owners ("Seller" or Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment Council was provided a staff report regarding negotiations and was provided further authority, on a 5-0 basis for staff to continue with negotiations. D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: 1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Two (2) Cases Only one item was addressed. Council reached a consensus regarding instructions that were provided to staff. There will be a follow up. E. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE EVALUATION Title: Public Information Officer Assistant City Manager-Finance Assistant City Manager No action was taken. F. With respect to every .item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/PERFORMANCE EVALUATION/ DISMISSAL/RELEASE Title: City Attorney After discussion, Council on a 4-1 basis, with Council Member Santillan as the dissenting vote, reached a consensus to terminate the services of Beltran and Medina at the conclusion of the meeting ADJOURNMENT Having no further discussion, it was moved by Council Member Vasquez, ~,~ seconded by Mayor Byrd, and carried to adjourn the regular Lynwood City Council meeting at 11:30 p.m. Loui Byrd, Mayor Andrea L. Hooper, City Clerk