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Home My Public Portal AboutM2007-12-11-CC_SpLYNWOOD CITY COUNCIL SPECIAL MEETING DECEMBER 11, 2007 The City Council of the City of Lynwood met in a special meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:03 p.m. Mayor Santillan presiding. ~, Council Members Castro, Flores, Martinez, Rodriguez, and Santillan were present. ~ i Also present were City Manager Haley, Interim City Attorney Salinas, 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 REORGANIZATION Mayor Santillan opened up the floor to nominations for Mayor. It was moved by Council Member Flores, seconded by Mayor Pro Tem Rodriguez to nominate Maria Santillan for the Mayor. Nominations were closed by general consent. Mayor Santillan received the following votes: CASTRO, FLORES, MARTINEZ, RODRIGUEZ, AND SANTILLAN It was moved by Mayor Pro Tem Rodriguez, seconded by Council Member Flores to nominated Aide Castro for the Mayor Pro Tem. Nominations were closed by general consent. Council Member Castro received the following votes: CASTRO, FLORES, RODRIGUEZ AND SANTILLAN Mayor Santillan announced that the Mayor and Mayor Pro tem for 2007-2008 have been chosen. After discussion, it was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro to recess to the Redevelopment Agency at 5:05. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) ~'~' Irene Garcia spoke on item #11 -AIRSPACE LEASE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PARCELS LOCATED NEAR I-105 FREEWAY -She felt that it would be too close to residential homes. She wanted to know what kind of storage would take place at this location and will the storage site be modified at a later date. PUBLIC ORAL COMMUNICATIONS (NONE) CONSENT CALENDAR 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. Mayor Pro Tem Castro pulled item #10 -PURCHASE AGREEMENT WITH CENTRAL _~ BASIN MUNICIPAL WATER DISTRICT (CBMWD) Mayor Santillan pulled item #11 -AIRSPACE LEASE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PARCELS LOCATED NEAR I-105 FREEWAY Item #8 MINUTES OF PREVIOUS MEETINGS: • Special Meeting -October 24, 2007 • Regular Meeting -November 6; 2007 Item #9 CONSTRUCTION CONTRACT AWARD LYNWOOD MEADOWS PARK CONSTRUCTION PROJECT, PROJECT NUMBER 4011.67.942 RESOLUTION NO. 2007.191 ENTITLED: A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF LYNWOOD WAIVING THE MINOR IRREGULARITY IN THE BID PROPOSAL OF C.S. LEGACY CONSTRUCTION, INC. AND AWARDING A CONTRACT TO SAID CONTRACTOR IN THE AMOUNT OF $1,473,593.20 FOR ITS BASE BID ONLY AND EXCLUDING ANY AND ALL DEDUCTIVE BIDS FOR THE LYNWOOD MEADOWS PARK CONSTRUCTION PROJECT, PROJECT NUMBER 4011.67.942, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10 PURCHASE AGREEMENT WITH CENTRAL BASIN MUNICIPAL WATER DISTRICT (CBMWD) This item was pulled by Mayor Pro Tem Castro for further clarification. She wanted to know why the City needs to purchase water, from an outside source, when the City posseses its own water wells. After discussion, it was moved by Mayor Pro Tem Castro, seconded by Council Member Flores to approve the resolution. Dan Ojeda explained that City's water wells supply 80 percent of the water supply to the City of Lynwood. The other 20 percent is purchased from Central Basin, which is a part of the Metropolitan Water District. RESOLUTION NO. 2007.192 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE WATER PURCHASE AGREEMENT WITH CBMWD". ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ, ~ AND SANTILLAN NOES: NONE ~ ABSTAIN: NONE ABSENT: NONE Item #11 AIRSPACE LEASE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PARCELS LOCATED NEAR I-105 FREEWAY This item was pulled by Mayor Santillan for further clarification. She wanted to know what will the plan in the future for the parcels of land be. The City manager stated that the initial discussions, with Caltrans, were to initiate lease negotiations. Subsequently, Pacer international has also requested negotiations with the City when the lease has been finalized with Caltrans. Mayor Pro Tem Castro wanted to know if the storage area would include the storage of hazardous wastes. The City Manager stated that to the best of his knowledge; Pacer does not handle hazardous wastes: The director of Public Works, Dan Ojeda stated that Caltrans would not allow hazardous materials to be stored under their freeway. After discussion, it was moved by Mayor Santillan, seconded by Mayor Pro Tem Castro to approve the resolution. RESOLUTION NO. 2007.193 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A FIVE (5) YEAR AIRSPACE LEASE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PARCELS LOCATED NEAR THE I-105 FREEWAY. ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, FLORES, MARTINEZ, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE ~~ COUNCIL ORALS Council Member Rodriguez pointed out that graffiti in the ,City of Lynwood is bad and that people continue to dump trash in the alleys. Council Member Martinez stated that graffiti needs to be addressed at the school level. He would like to partner with the school system to change the problem of graffiti in the community, by counseling the students and letting them know that there will be negative repercussions for such actions. Mayor Pro Tem Castro asked to have the following items placed on the agenda for discussion and updates: • The Maintenance of the Lynwood Sewer System, Project Number 05-5338 • The proposed pilot program with Habitat for Humanity ,Brush with Kindness • Rose .Park Project Status • Ham Park Replacement Project • Lynwood Information Incorporated Mayor Santillan acknowledged Nancy Landa, a representative from Assemblyman, Hector De La Torre's office and Jose Luis Solache, a Lynwood Unified School Board Member. Mayor Santillan reminded the community of the upcoming City events: • Winterwonderland -December 15, 2007 -December 19, 2007 • The Tree Lighting -Thursday, December 13, 2007 • Blockwatch and Commissioners Dinner -Thursday, December 13, 2007 • Candy Cane Lane Parade -Friday, December 14, 2007 • The. Posada -Friday, December15, 2007 CLOSED SESSION Item #12 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 Negotiators Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association 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 section 54956.9:) 1. Name of Case: Universal Field Services, et. al v. City of Lynwood, et. al Case No. BC377709 2. Name of Case: In Re Strategic Counsel (Demand for Arbitration - No Case Number Assigned) 3. Name of Case: Nabar Enrique Martinez, et al. v. City of Lynwood Case No BC374258 C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/PERFORMANCE EVALUATION/ DISCIPLINE/DISMISSAL/RELEASE Title: City Attorney Title: City Manager PUBLIC ORALS CLOSED SESSION Alex Landeros had some concerns regarding the law suit for Mr. Martinez. He stated that it will be very costly, if the City dismisses the current City Manager. He does not want City Manager, Haley or Interim City Attorney, Salinas to be dismissed. He is concerned about how tax payers' money is being spent. It was moved by Mayor Santillan, seconded by Council Member Vasquez, and carried to recess to closed session at 7:45 p.m. Council reconvened at 10:30 p.m. Interim City Attorney Salinas stated that the Council met on the aforementioned matters and with respect to the following: Item #12 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 Negotiators Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association No reportable action was taken. 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 section 54956.9:) 1. Name of Case: Universal Field Services, et. al v. City of Lynwood, et. al Case No. BC377709 No reportable action was taken. 2. Name of Case: In Re Strategic Counsel (Demand for Arbitration - No Case Number Assigned) Mayor Pro Tem Castro recused herself from the discussion on this item. It was moved by Council Member Martinez, seconded by Mayor Santillan to direct the City Attorney's office to proceed with settlement discussions to resolve the matter on a 3-1 basis with Council Member Flores as the dissenting vote. 3. Name of Case: Nabar Enrique Martinez, et al. v. City of Lynwood Case No BC374258 After the report by outside council, it was moved by Council Member Rodriguez, seconded by Council Member Flores to authorize outside council to extend a statutory settlement offer to two of the claimants. C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/PERFORMANCE EVALUATION/ DISCIPLINE/DISMISSAL/RELEASE Title: City Attorney The City Attorney was not present during the discussion of this matter. No reportable action was taken. Title: City Manager The City Manager was not present during the discussion of this matter. 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 special Lynwood City Council meeting at 8:55 p.m. G~ Maria Santillan, Mayor Maria Quinonez, C y Clerk J