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Home My Public Portal AboutM 2009-01-20 - CCLYNWOOD CITY COUNCIL REGULAR MEETING JANUARY 20, 2009 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 5:08 p.m. Mayor Pro Tem Castro presiding. ~ ~ Council Members Castro, Flores, Morton and Rodriguez were present. Mayor Santillan was absent 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/PROCLAMATIONS . Risk Management Award Presentation by ICRMA - Gary Marshall presented the Excellent Star award to the City of Lynwood's Risk Management staff. He stated that due to the diligent work of the Risk Management department, Claim losses in the workers compensation area was reduced from $518,000 to $106,000. He stated that the City of Lynwood attained excellence in Risk Management Training standards. In the points system, the City of Lynwood earned 130 points out of 165 points. The City of Lynwood will receive $7,000 in grant money, ~ which should be used for running new Risk Management ; programs for the City. Alfredo Lopez, the Director of Human Resources stated that under the leadership of the City Manager and the Assistant City Manager, the department directors have collaborated with Human Resources, to ensure that injured employees are placed on the job once again. If that is not possible, other avenues are perused. He thanked everyone involved with the task. Item # 7 COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY 5:16 PUBLIC ORAL COMMUNICATIONS (Agenda Items Only) Antonio Mungia spoke on item #12 - APPROVAL OF THE 2009 STREET CLOSURE SCHEDULE - He wanted to know if there are fees involved with the street closure. He stated that Block Watch captains frequently request street closures. PUBLIC ORAL COMMUNICATIONS ~ Frank Calderon stated that he wanted to inform the City Council Members there are problems at the Senior Center that he would like to be resolved. He had concerns about a meeting conducted at the Mayor's house. City Treasurer, Salvador Alatorre spoke on item #12 - APPROVAL OF THE 2009 STREET CLOSURE SCHEDULE - He reviewed the process for Block Watch captains to obtain street closures. PUBLIC HEARING Item #8 HOUSING ELEMENT 2006-2014 REPORTING PERIOD This item was introduced by Jonathan Colin, the Director of Development Services. He stated that staff is requesting authorization to send the draft to the Department of Housing and Community Development for compliance review. He stated that the Development Services department and the consultant will perform the initial study and pertorm the negative declaration, after they receive the document back from the state. It was moved by Council Member Rodriguez, seconded by Council Member Flores to open the public hearing. It was moved by Council Member Rodriguez, seconded by Council Member Morton to close the public hearing. After discussion, it was moved by Council Member Rodriguez, seconded by Council Member Flores to adopt the resolution. RESOLUTION NO. 2009.004 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE TRANSMITTAL OF THE DRAFT 2006-2014 HOUSING ELEMENT TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR COMPLIANCE REVIEW AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN CONSENT CALENDAR All matters listed under the Consent Calendar wiil 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 #11- AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS (RFP) FOR SECURITY GUARD SERVICES AND AMEND THE TERMS OF THE CURRENT SECURITY SERVICES AGREEMENT WITH CALIFORNIA PROTECTION SERVICES, INCORPORATED FOR THE PROVISION OF SECURITY SERVICES FOR THE CITY'S PARKS AND PUBLIC FACILITIES TO A MONTH-TO-MONTH AGREEMENT THROUGH MAY 31, 2009 Council Member Rodriguez pulled item #15 - PURCHASE ORDER FOR GEOTECHNICAL SERVICES FOR THE NEW JOHN HAM PARK City Attorney Galante pulled item #17- APPROVAL TO ENTER INTO A RESERVATION AND COMMITMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE WIN PROJECT, A QUALIFIED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) AND TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO MAKE OFFERS ON REAL PROPERTY After discussion, it was moved by Council Member Rodriguez, seconded by Council Member Morton to approve the minutes and adopt the resolutions. Item #9 MINUTES OF PREVIOUS MEETINGS: . Regular Meeting - December 2, 2008 ~ I ~ ; • Regular Meeting - December 16, 2008 Item #10 APPROVAL OF THE WARRANT REGISTER ~ RESOLUTION NO. 2009.005 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #12 APPROVAL OF THE 2009 STREET CLOSURE SCHEDULE RESOLUTION NO. 2009.006 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE 2009 STREET CLOSURES SCHEDULE AND CREATING A PROCEDURE FOR DEALING WITH UNFORESEEN STREET CLOSURE REQUESTS. Item #13 LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2009-2010 RESOLUTION NO. 2009.007 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AS REQUIRED BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 2009-2010". Item #14 LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2009-2010 RESOLUTION NO. 2009.008 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE P^' LYNWOOD LIGHTING ASSESSMENT DISTRICT, AS REQUIRED BY THE { LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE ' STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 2009-2010". Item #16 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR PAVEMENT MANAGEMENT SYSTEM UPDATE RESOLUTION NO. 2009.009 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR CONSUITING SERVICES FOR THE PREPARATION AND UPDATING OF THE CITY PAVEMENT MANAGEMENT SYSTEM. Item #18 AVANT GARDE CONSULTING SERVICE AGREEMENT FUND APPROPRIATION RESOLUTION NO. 2009.010 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE TRANSFER OF $13,500 IN UNAPPROPRIATED FUNDS TO COVER THE REMAINING COSTS OF THE CONSULTING SERVICES AGREEMENT WITH AVANT GARDE. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN Item #11 AUTHORIZATION TO RELEASE REQUEST FOR PROPOSALS (RFP) FOR SECURITY GUARD SERVICES AND AMEND THE TERMS OF THE CURRENT SECURITY SERVICES AGREEMENT WITH CALIFORNIA PROTECTION SERVICES, INCORPORATED FOR THE PROVISION OF SECURITY SERVICES FOR THE CITY'S PARKS AND PUBLIC FACILITIES TO A MONTH-TO-MONTH AGREEMENT THROUGH MAY 31, 2009 RESOLUTION NO. 2009.011 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR PROCUREMENT OF ARMED AND UNARMED SECURITY GUARD SERVICES FOR ~ THE CITY'S PARKS AND PUBLIC FACILITIES AND AMENDING THE TERM OF THE CURRENT AGREEMENT WITH CALIFORNIA PROTECTION SERVICES, INCORPORATED FOR THE PROVISION OF SECURITY GUARD SERVICES TO A ~ MONTH-TO-MONTH AGREEMENT THROUGH MAY 31, 2009 FROM THE ORIGINAL DATE OF TERMINATION This item was pulled by Mayor Pro Tem Castro. City Attorney Galante stated that under State law there is a provision, which states that cities must not contract out their traditional services, unless it is to another governmental authority. There is no clear case assessment, if the agreement with Security Services constitutes as one of the traditional municipal services. City Attorney Galante raised this concern. Mayor Pro Tem Castro wanted to know if a cost service was done between private security services and the Sheriff's department. City Manager Haley stated that in the past the Sheriff's department has provided park patrol. It was moved by Council Member Rodriguez, seconded by Council Member Morton to continue this item at a later date. '~ ' After discussion, it was moved by Mayor Pro Tem Castro, seconded by Rodriguez, to ~ make a subsequent motion to continue with a month to month contract and to include the Sheriffs department in the RFP. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN Item #15 PURCHASE ORDER FOR GEOTECHNICAL SERVICES FOR THE NEW JOHN HAM PARK This item was pulled by Council Member Rodriguez. He wanted to make sure that a cap was set on change orders. He felt that a change from $15,000 to 25,000 was excessive. Mayor Pro Tem Castro agreed with Council Member Rodriguez. She felt that the change order was excessive. She wanted to know if the language "not to exceed" was included in the agreement. ~ Dan Ojeda, the Director of Public Works stated that staff obtained three different prices ~ from three different vendors and staff selected the lowest bidder. He stated that the ; fieid work was under estimated; therefore, a change order was needed. Mayor Pro Tem Castro wanted to know why this issue was not brought immediately to the City Council's attention. Council Member Rodriguez agreed with the Mayor Pro Tem Castro's comment. Dan Ojeda, the Director of Public Works, stated that perhaps a quick decision was made on the field so as not to delay the contractor. He also stated that this was an oid contract and my not have had the language "not to exceed" included in it. He stated that additional services such as soil testing were needed to get the job done. RESOLUTION NO. 2009.012 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PAYMENT OF $25,042.50 TO AESCO TECHNOLOGIES, INC. FOR THE GEOTECHNICAL SERVICES FOR THE NEW JOHN HAM PARK PROJECT DEMOLITION AND GRADING PHASE, PROJECT NO. 4011.67.945; AND ~ AUTHORIZING THE CITY MANAGER TO APPROVE THE REQUIRED PURCHASE ; ORDER". ' After discussion, it was moved by Council Member Rodriguez, seconded by Council Member Morton to adopt the resolution. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN Item #17 APPROVAL TO ENTER INTO A RESERVATION AND COMMITMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE WIN PROJECT, A QUALIFIED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) AND TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO MAKE OFFERS ON REAL PROPERTY RESOLUTION NO. 2009.013 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A HOME PROGRAM RESERVATION AND COMMITMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND THE WIN PROJECT AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE OFFERS ON REAL PROPERTY This item was pulled by City Attorney Galante. He stated that the agreement did not contain important "milestones" built into the form, which would give the contractor defined criteria. He requested to have an amendment made to staff's recommended action to include the language, "milestones as approved by the City Attorney". After discussion, it was moved by Council Member Flores, seconded by Council Member Rodriguez to adopt the resolution and include the language "milestones as approved by the City Attorney". AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN SUBSEQUENT NEED ITEM CLOSED SESSION Item #18 ANTICIPATED LITIGATION After discussion it was moved by Member Morton, seconded by Member Flores to add ~ this subsequent need item to the Agenda and determine that: ~ 1) This agenda item came to the attention of the Agency after the agenda was posted. 2) 2) This agenda item requires immediate action. AYES: COUNCIL MEMBERS CASTRO, FLORES, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER SANTILLAN It was moved by Mayor Pro Tem Castro and carried to recess to closed session by general consent at 5:44 p.m. The City Council reconvened at 5:51 p.m. City Attorney Galante stated that the Council met in respect to the following matters: Item #18 ANTICIPATED LITIGATION 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 regular Lynwood City Council meeting at 5:55 p.m. ~~~~~~~ Maria Santillan, Mayor , , Maria Quinonez, City Clerk '~ 1 ~ ~,