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Home My Public Portal AboutM 2010-04-20 - CCLYNWOOD CITY COUNCIL REGUL~4R MEETING April 20, 2010 The City Council of the City of Lynwood met in a regular meeting in Bateman Hall, Room 2, 11331 Ernestine Avenue on the above date at 5:14 p.m. Mayor Santillan presiding. Council Members Flores, Morton, Rodriguez, Castro and Santillan were present. 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 • Sheriff Captain James Hellmold - Update on Law Enforcement Issues Captain Hellmold reported a continuing downward trend in violent crimes but an increase in theft. He asked the public to be mindful of this and report any suspicious activity. He reported that 60 of the 103 students who applied for the Leadership class at the Century Station are Lynwood residents. He reported that the Century Station took 110 kids to the Clippers vs. Mavericks basketball game and they were very well behaved. He reported that the Century Station competed .in the 26t" Annual Baker to Vegas Challenge Cup race and for the second year in a row, they won first place. • Assistant Fire Chief Montoya announced Community Emergency Response, which will take place ne~ct Thursday. He also announced Fire Service Day which will take place on May 8th from 11-3pm. • City Council Members Reporting on Meetings Attended (Gov. Code Section53232.3(D)) Mayor Pro Tem Castro reported on her attendance at the NALEO Public Health Cohort. She stated she was trained in gathering data and information that affects communities. She stated she has three more trainings to attend. She stated that she is putting together a committee and she asked if anyone is interested in serving on it, to leave their contact information at the City Manager's office. Item #7. COUNCIL RECESS TO: LYNWOOD PUBLIC FINANCING AUTHORITY 5:30 p.m. LYNWOOD REDEVELOPMENT AGENCY 5:31 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS Ernestine Williams asked for CounciPs support in getting a handicapped parking space in front of her home. Paulette Bradley announced the 1St Annual ~Garden Tour on May 15th from 11:OOam to 3:OOpm and reception at the Senior Center from 1:00 pm to 4:00 pm. Frank P. Calderon commended Council Members Morton and Rodriguez for standing up and voting for requiring a quorum in closed session in order to hire special counsel. Antonio Munguia stated that he is in support of Ernestine Williams' request for a handicap parking spot. He asked for Counci!'s support in utilizing parking permits. Alex Landeros stated that the travel expenses by Council and staff are high. He asked for council's support in tightening the travel budget. Joaquin Mesinas stated that he was concerned with Council's large travel budget. He asked for council's support in tightening the travel budget. He stated that Plaza Mexico is not taking Council seriously and he asked Council to do something about it. PUBLIC HEARINGS Item #8. JOINT PUBLIC HEARING TO CONSIDER THE APPROVAL OF A SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND HERMtLO FRANCO AND ACCEPTANCE OF A 33433 SUMMARY REPORT IN CONNECTION THEREWITH City Manager Roger Haley introduced the item regarding the joint public hearing to consider the approval of a settlement agreement and release of all claims between the Lynwood Redevelopment Agency and Hermilo Franco and acceptance of a 33433 summary report in connection therewith. It was moved by Mayor Pro Tem Castro, seconded by Council Member Rodriguez, to open the public hearing. It was moved by Mayor Pro Tem Castro, seconded by Council Member Flores, to close the public hearing. It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Castro, to approve staff recommendation. RESOLUTION NO. 2010.068 ENTITLED: A JOINT RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD (1) APPROVING THE L FERNWOOD ESTATES SETTLEMENT AGREEMENT~ AND RELEASE OF ALL CLAIMS BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND HERMILO FRANCO AND (2) ACCEPTING THE 33433 SUMMARY REPORT AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAfN: NONE ABSENT: NONE ~ `` CONSENT CALENDAR It was moved by Council Member Rodriguez, seconded by Mayor Santillan, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9. MINUTES OF THE PREVIOUS MEETINGS: .- :Regular Meeting - November 17, 2009 (CORRECTION) Regular Meeting - March 2, 2010 Item #10. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2010.069 ENTITLED: A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #11. CAL-CARD PURCHASE CARD PROGRAM RESOLUTION NO. 2010.070: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING THE STATE OF CALIFORNIA CAL-CARD PROGRAM TO OTHER DEPARTMENTS AND AUTHORIZING THE ISSUANCE OF ADDITIONAL CAL-CARDS Item #12. AMENDMENTS TO SECTIONS 6-5.5 AND 6-5.17 REGARDING THE UTILITY USERS' TAX ORDINANCE FIRST READING ENTITLED: 1 AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF LYNW.OOD, CALIFORNIA, AMENDING SECTIONS 6-5.5 AND 6-5.17 OF THE LYNWOO'D MUNICIPAL CODE PERTAINING TO THE UTILI-l"Y USERS' TAX Item #13. ACCEPTANCE OF THE MAINTENANCE OF THE LYNWOOD SEWER SYSTEM PROJECT NO. 6051.45.460.62015 RESOLUTION NO. 2010.071 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE MAINTENANCE OF THE LYNWOOD SEVER SYSTEM PROJECT, PROJECT NUMBER 6051.45.460.62015 AS BE1NG COMPLETE; AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF THE NOTICE OF COM'PLETION Item #14. CONSTRUCTION CONTRACT AWARD SEWER MAtN-REPLACEMENT PROJECT LONG BEACH BOULEVARD AN'D IMPERIAL HiGHWAY PROJECT NO. 4011.67.887 RESOLUTION NO. 2010.072 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOO'D AWARDING A CONTRACT TO KANA PIPELINE, INC. AS THE APPARENT LOWEST RESPONSIBLE BIDDER, !N THE AMOUNT NOT TO EXCEED $218,300 FOR THE LONG BEAC'H BOULEVARD AND IMPERIAL HIGHWAY SEINER MAIN REPLACEMENT PROJECT, PROJECT NUMBER 4011.67.887, AND AUTHOR'IZING THE MAYOR TO EXECUTE THE AGREEMENT Item #15. CONSTRUCTiON CONTRACT AWARD YVONNE BURKE - JOHN D. HAM PARK SPORTS FtELD LIGHTING AND PICNIC / EXERCFSE FACILITY IMPROVEMENT PROJECT, PROJECT NO. 4011.67.945 RESOLUTION NO. 2010.073 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTfNG ALL THE ADDITIVES BIDS SUBMITTED, WAIVFNG A MINOR BID ERROR AND AWARDING A CONTRAGT TO RMF CONTRACTfNG, INC. DBA R& M ELECTRICAL CONTRACTING AS THE LOWEST RESPONSIBLE BIDDER, 1N THE AMOUNT NOT TO EXCEED $167,250.00 FOR THE NEW YVONNE BURKE - JOHN D. HAM PARK PROJECT PHASE II, PROJECT NUMBER 4011.67.945; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ~ Item #16. APPROVAL OF LYNWOOD'S CONSOLIDATED 5-YEAR PLAN (2010- 2015) RESOLUTION NO. 2010.074 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSOLIDATED PLAN AND THE 2010-2011 ANNUAL ACTIDN PLAN FUNDING ALLOCATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS ' Item #17. NEXTG NETWORKS RIGHT-OF-WAY USE AGREEMENT RESOLUTION NO. 2010.075 ENTITLED: A RESOLUTION OF THE LYNWOOD GITY COUNCIL ADOPTING A RIGHT-OF-WAY USE AGREEMENT BETINEEN NEXTG NETWORKS AND THE CITY OF LYNWOOD AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18. SELECTION OF ARCHITECTURAL CONSULTING FIRMS AND ENGINEERING CONSULTING FIRMS RESOLUTION NO. 2010.076 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTED ARCHITECTURAL fIRMS FOR THE ON-CALL DESIGN SERVICES FOR THE CIVIC CENTER IMPROVEMENT PROJECT AND FUTURE CITY PROJECTS FOR A PERIOD OF THREE (3) YEARS „ Item #19. Council Member Rodriguez pulled Item #19 - i4PPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR THE SIDEWALK P '-~ ' IMPROVEMENT ~PROJECT, PROJECT NUMBER 4011.67.886 Council Member Rodriguez stated, for the record, that he thinks that such a high volume of money for a change order does not seem right. After discussion by Council, it was moved by Council Member Rodriguez, seconded by Council Member Morton, to approve staff recommendation. RESOLUTION NO. 2010.077 ENTITLED: . A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF LYNWOOD, APPROVING CONTRACT CHANGE ORDER N0.1 FOR THE CONSTRUCTION OF NEW CONCRETE SIDEWALKS, CURB & GUTTER, CURB ONLY, RETAINING WALLS AND CONCRETE DRIVEWAYS fOR THE- SIDEWALK IMPROVEMENT PROJECT; PROJECT NUMBER 4011.67.886, AND AUTHORIZING THE MAYOR TO EXECUTE THE CHANGE ORDER AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATIONS AND TRANSFERS AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE . Item #20. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7-17.1 (TRUCK ROUTE), OF CHAPTER 7, OF THE LYNWOOD MUNIC{PAL CODE 1N ITS ENTIRETY ORDINANCE NO. 1629 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7-17.1 (TRUCK ROUTE), OF CHAPTER 7, OF THE LYNWOOD MUNICfPAL CODE IN ITS ENTIRETY Item #21. SECOND READING OF ORDINANCE - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING THE NUMBER OF PLANNING COMMISSION MEMBERS FROM SEVEN TO FIVE AND YOUTH COMMISSION MEMBERS FROM THIRTEEN TO FIVE; AND REVISING LYNWOOD MUNICIPAL CODE TO CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSIDIARY PUBLIC BODY ORDINANCE NO. 1630 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~OF LYNWOOD, CALIFORNIA AMENDING THE NUMBER OF PLANNING COMM1SStON MEMBERS FROM SEVEN TO FIVE AND YOUTH COMMISSION MEMBERS FROM THJRTEEN TO f1VE; AND REVISING LYNWOOD MUNICIPAL CODE TO CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSfDIARY PUBLIC BODY NEW/OLD 'BUSINESS Item #22. RECIPIENT COMMITTEE CAMPA{GN STATEMENT City Manager Roger Haley introduced the item regarding recipient committee campaign statements. City Council Member Morton stated that he asked for this item to be added to the agenda so that copies of state and county filings also be filed with the City Clerk. It was moved by Mayor Pro Tem Castro to table the item. It was subsequently moved by Council Member Morton to pass the item. After discussion by Council, Council Mernber Flores seconded the original motion to #able the item. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICA~ION Council Member Flores thanked everyone for coming and asked that they tell other people what they have heard and seen today. He stated that it is important for people to stay active and engaged. He stated that Council has never held a meeting without a quorum. Lastly, he stated that the tide ebbs and flows for everybody. Council Member Rodriguez thanked Deborah Jackson for an outstanding job on the corner of Phillips and Lavinia. Mayor Pro Tem Castro thanked everyone for coming on a rainy day. She asked staff to add the issue of parking permits to the agenda for the next meeting. She agreed with Mr. Mesina's public comment and stated that Council needs to lead by example. She stated that the annual special needs day resolution should be amended to incorporate the event and its expenses. She thanked Code Enforcement for their work on Poplar, which residents have expressed appreciation for. Lastly, she asked anyone interested in the public health cohort to provide their contact information to the City Manager's Office. Council Member Morton stated that he recently attended the Democratic convention and it was a good experience. He thanked everyone for attending the meeting. Mayor Santillan asked staff for an update on the tree planting grant. She stated that the City has the money for nine new cameras and two license plate readers. She stated that 1CSE is a big conference in Las Vegas that the City attends every year and will continue to attend because of its importance in attracting developers to the City. She stated that prior Council spent $150,000 on travel, whereas current council has a $50,000 travel budget. She stated that the current Council has had to make responsible decisions, such as the water rate increase, in order for the City to move forward. She stated that the Council has to be united and ready for the fight over permit parking. Fred stated that on the joint public hearing item, the agreement with Hermilio Franco, one of the provisions required him to put up a$300,000 security and through some negotiation, staff is comfortable reducing this to $100,000. That is how the agreement would be revised and unless that creates some concern by the council, we could just proceed and if that does create a concern, you could simply request to reconsider this item. Council agreed by.,general consent to proceed with the revised agreement. . _ * .~'r q ' 4 r ~ ,~~ • i. ~F. ,~~ ~ j ~±~~ ;~:-~ ~ ~~ "~ , CL'OSED SESSION ,, It was moved by Council Member Flores, seconded by Mayor Pro Tem Castro and carried to recess to closed session at 6:18 p.m. r The City Council reconvened at 7:13 p.m. City Attorney Fred Galante stated that the Council met in closed session and with~ respect to the following matters: Item #23. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in ~ closed session pursuant to Section 54957.6: CONFERENCE WITH LABDR NEGOTIATORS Agency negotiators: HR Director Alfredo J. Lopez, 111 Employee Organization: Lynwood Employees' Association Lynwood Management Employee Association No reportable action, direction was provided. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 11200 Long Beach Boulevard Negotiator: Roger L. Haley, City Manager; Fred Galante, City Attorney Negotiating Parties: Charles Company Under Negotiation: Price and terms Provided direction, no reportable action was taken. ADJOURNMENT Having no further discussion, it was moved by Council Member Flores, seconded by Council Member Rodriguez, and carried to adjourn the regular Lynwood City Council meeting at 7:14 p.m. c.l ~?~~J ,~~-..-e~.~~~ ~ Mari Santillan, Mayor Maria Quinonez, City Clerk