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HomeMy Public PortalAboutM2007-01-16-CCLYNWOOD CITY COUNCIL REGULAR MEETING JANUARY 16, 2007 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 5:15 p.m. Mayor Byrd presiding. Council Members Johnson, Pedroza, Santillan, Vasquez, and Byrd were present. Also present were City Manager Martinez, City Attorney Beltran, City Clerk Hooper, and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented on item #10 -ADVERTISING REQUEST FOR PROPOSALS -SPECIFIC PLAN FOR ATLANTIC AVENUE AND IMPERIAL HIGHWAY. She opposes this item. On item #11 -MUNICIPAL CODE AMENDMENT NO. 2006-04 VEHICLE IMMOBILIZATION ORDINANCE, she said that the City needs more Denver "BOOTS". On item #20d -PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager, she said that she gathered 46 signatures supporting the City Manager and asking the City Council to keep the City Manager. She does not support the firing of the City Manager because she said that there is currently a contract. Percy Brown spoke on item #20d -PUBLIC EMPLOYEE PERFORMANCE EVALUATION -Title: City Manager. He said that the City Manager should receive an A+ on his evaluation. Adam Nasry spoke on item #15 - LYNWOOD CITY HALL COMPLEX ADA REHABILITATION PROJECT, PROJECT NUMBER 05-5301. He requested the Council not to award the contract to Cedars Engineering Construction. PUBLIC ORAL COMMUNICATIONS Mayor Pro Tem Pedroza introduced the new Finance Director Bruce Anoldussen and the New Human Resources Director Alfredo Lopez. Ken Swift commented on his lack of confidence in the City Manager. He said that he was elated to see the performance evaluation item on the agenda. Zelda Hutchinson commented on the City's lack of thoughtful consideration for senior citizens. She said that the roots of the City's trees are tearing up the sidewalks. Irene Garcia commented on the Lynwood Promenade, LLC. Jack Kean commented on the need to add more parks in Lynwood. Art Martinez proposed initiating a program for dialing the City's park security using a three digit number for emergency purposes. Paulette Bradley made comments supporting the City Manager's efforts in improving the City. Rebecca Wells commented on issues related to John McDonald and the Lynwood Promenade, LLC. Leroy Gillory commented that letters and other inter-office memorandum documents were put out in the public. He requested the Council to put the City Manager on administrative leave and seize the keys, computer, and cell phone provided to him by the City. He said that he will ask for a federal investigation. Cevelia Hernandez requested to be notified before the City signs the DDA regarding the Lynwood Promenade, LLC. Barbara Battle commented that she is concerned that the Lynwood Promenade developer made comments requesting the City Council to fire the City Manager. She said that the Council should evaluate the City Manager on his performance and not on the opinion of the developer. Lorene Reed commented that the City Council is not working together. She said that she does not agree with paid administrative leave. She also said that overall the City Manager is doing a great job. PUBLIC HEARING Item #7 AMEND CIVIL PENALTY FEE SCHEDULE -DOUBLE FINES IN SCHOOL ZONES It was moved by Council Member Johnson, seconded by Mayor Pro Tem Pedroza, and carried to open the public hearing. Art Martinez commented that some of the proposed fees are ludicrous. Irene Garcia commented that there needs to be more participation between school staff and children. It was moved by Council Member Santillan, seconded by Mayor Byrd, and carried to close the public hearing. Mayor Pro Tem Pedroza requested that this item be sent back to staff for further review. After discussion, it was moved by Council Member Santillan, seconded by Mayor Byrd, to adopt the Resolution. RESOLUTION NO. 2007.006 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD CIVIL PENALTY FEE SCHEDULE TO REFLECT CIVIL PENALTIES WHICH ARE DOUBLE THE NORMAL FINE FOR PARKING VIOLATIONS OCCURRING IN SCHOOL ZONES. ROLL CALL: AYES: MEMBERS JOHNSON, SANTILLAN, VASQUEZ, AND BYRD NOES: PEDROZA ABSTAIN: NONE ABSENT: NONE Item #8 AMEND LYNWOOD MASTER FEE SCHEDULE -ESTABLISH FEES TO RECOVER COSTS FOR CITY STAFFING PRIVATE SPECIAL EVENTS It was moved by Council Member Johnson, seconded by Council Member Vasquez, ~~ and carried to open the public hearing. It was moved by Council Member Johnson, seconded by Council Member Vasquez, and carried to close the public hearing. After discussion, it was moved by Council Member Vasquez, seconded by Council Member Santillan, to adopt the Resolution. RESOLUTION NO. 2007.007 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MASTER FEE SCHEDULE TO REFLECT MUNICIPAL ENFORCEMENT OFFICER SPECIAL EVENT FEES. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: 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. Council Member Vasquez pulled item #10 -ADVERTISING REQUEST FOR PROPOSALS -SPECIFIC PLAN FOR ATLANTIC AVENUE AND IMPERIAL HIGHWAY. Council Member Vasquez pulled item #11 -MUNICIPAL CODE AMENDMENT NO. 2006-04 VEHICLE IMMOBILIZATION ORDINANCE. Council Member Santillan pulled item #15 - LYNWOOD CITY HALL COMPLEX ADA REHABILITATION PROJECT, PROJECT NUMBER 05-5301. It was moved by Council Member Santillan, seconded by Mayor Pro Tem Pedroza, to receive & file staff reports and adopt the Resolutions. Item #9 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2007.008 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #12 ZONING ORDINANCE AMENDMENT NO. 2006-04 WATER EFFICIENT LANDSCAPING ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2006-04 ADDING SECTION 25.45 TO THE LYNWOOD MUNICIPAL CODE SETTING FORTH REQUIREMENTS AND STANDARDS FOR NEW DEVELOPMENT PROJECTS AND SUBSTANTIALLY EXPANDED PROJECTS TO PROVIDE WATER EFFICIENT LANDSCAPING AND PERMANENT IRRIGATION SYSTEMS. Item #13 ACCEPTANCE OF HAM PARK SITE DEMOLITION PROJECT, PROJECT NUMBER 05-5295 RESOLUTION NO. 2007.009 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SITE DEMOLITION FOR THE HAM PARK SITE DEMOLITION PROJECT, PROJECT NUMBER 05-5295 AS COMPLETE. Item #14 AWARD OF CONTRACT ROSE PARK IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258 RESOLUTION NO. 2007.010 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CEDARS ENGINEERING CONSTRUCTION IN THE AMOUNT OF $593,000 FOR THE ROSE PARK IMPROVEMENT PROJECT, PROJECT NO. 05-5258 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #16 LYNWOOD REDEVELOPMENT AGENCY ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2005-2006 City Council accept and file the attached Lynwood Redevelopment Agency Annual Financial Report for Fiscal Year 2005-2006. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10 ADVERTISING REQUEST FOR PROPOSALS -SPECIFIC PLAN FOR ATLANTIC AVENUE AND IMPERIAL HIGHWAY This item was pulled by Council Member Vasquez. Grant Taylor, Director of Development Services, explained the item regarding advertising. After discussion, it was moved by Council Member Vasquez, seconded by Mayor Byrd, to adopt the Resolution. RESOLUTION NO. 2007.011 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT A REQUEST FOR PROPOSALS FROM CONSULTANTS TO DRAFT A SPECIFIC PLAN FOR ATLANTIC AVENUE AND THE EASTERN HALF OF IMPERIAL HIGHWAY THAT WOULD SET FORTH DESIGN GUIDELINES AND DEVELOPMENT STANDARDS. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11 MUNICIPAL CODE AMENDMENT NO. 2006-04 VEHICLE IMMOBILIZATION ORDINANCE It was moved by Council Member Santillan, seconded by Council Member Vasquez, to adopt the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING A NEW SUBSECTION 7-20.20.1 TO CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING A VEHICLE IMMOBILIZATION ("BOOT") PROGRAM APPLICABLE TO VEHICLES WITH MULTIPLE UNPAID PARKING VIOLATIONS. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #15 LYNWOOD CITY HALL COMPLEX ADA REHABILITATION PROJECT, PROJECT NUMBER 05-5301 ~II II~J Council Member Santillan pulled this item for discussion. G. Daniel Ojeda, Director of Public Works, explained the item regarding awarding a contract to cedars engineering construction for City hall complex ADA. Adam Nasry commented he is the second lowest bidder. He is against awarding the bid to Cedars Engineering Construction. After discussion, it was moved by Mayor Pro Tem Pedroza, seconded by Council Member Santillan, to adopt the Resolution. City Attorney added that there will be further specificity and clarification in the contract that the contractor agrees to do all the work as specified. RESOLUTION NO. 2007.012 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CEDARS ENGINEERING CONSTRUCTION, IN THE AMOUNT OF $219,000 FOR THE LYNWOOD CITY HALL COMPLEX ADA REHABILITATION PROJECT, PROJECT NUMBER 05-5301 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. ROLL CALL: AYES: MEMBERS PEDROZA, SANTILLAN, AND VASQUEZ NOES: BYRD ABSTAIN: JOHNSON ABSENT: NONE DISCUSSION ITEMS Item #17 DESIGN REVIEW BOARD APPOINTMENTS The Council appointed five (5) members to the Design Review Board as follows: Architects Alex Benavides -Nominated by Santillan Margarita Diaz -Nominated by Johnson -- Business Owner/Operator Walter Zamarano -Nominated by Pedroza Resident Donald Dove -Nominated by Byrd Student Peter Perez -Nominated by Vasquez ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18 CONSIDERATION TO EXTEND THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND DAVID TURCH AND ASSOCIATES TO PROVIDE FEDERAL ADVOCACY SERVICES ~ Lorry Hempe, Assistant City Manager, explained the item regarding consideration to extend consulting services agreement with David Turch & Associates. It was moved by Council Member Pedroza, seconded by Mayor Byrd, to adopt the Resolution. RESOLUTION NO. 2007.013 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A MONTH TO MONTH EXTENSION OF A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND DAVID TURCH AND ASSOCIATES FOR A PERIOD NOT TO EXCEED ONE YEAR AND FOR AN AMOUNT NOT TO EXCEED $60,000. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS -CITY COUNCIL REQUESTS Item #19 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA This item was discussed jointly with the Redevelopment Agency. It was moved by Council Member Pedroza, seconded by Mayor Byrd, for the City Attorney and the Redevelopment Agency Attorney to provide their services including litigation under the initial agreement adopted by the City and Agency. Council and staff are directed to consult with the City Attorney and Agency Attorney as necessary without the need of prior authorization from management. The City Attorneys are to be proactive in protecting the City from litigation. The effective date shall be immediately. ROLL CALL: AYES: MEMBERS JOHNSON, PEDROZA, SANTILLAN, AND BYRD NOES: VASQUEZ ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Mayor Byrd requested the Council to adjourn the meeting in memory of Ellis Matthews, Jesus Rivera, and Abner Wells. Council Member Johnson invited the Council to attend the 15t" Annual Celebrity Salute to Dr. Martin Luther King Jr. on January 20, 2007, presented by World Literacy Crusade. Mayor Pro Tem Pedroza commented that he was looking forward to 15t" Annual Celebrity Salute to Dr. Martin Luther King Jr. He also commented that he's looking forward to a great year were City projects get accomplished. Council Member Vasquez commented on all the great work that Council Member Johnson does for the City. CLOSED SESSION Item #20 With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ("Seller" or "Seller's") in Attachment "A" to this agenda. The counsel reached consensus (4-0-1 Vasquez absent) regarding the completion of the Ham Park replacement project. B C D With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Four (3) Cases Case (1) Status report was provided. No action was taken. Case (2) Council Members reached consensus (4-0-1 Vasquez absent) and confirmed previous direction on the deposition of the matter. Case (3) Council Members reached consensus (4-0-1 Vasquez absent) and provided further instructions to staff regarding the possible disposition of the matter. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association Status report was presented. The Council deferred any action on this matter. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager In the matter, Council reached consensus on a 3-1 basis with the dissenting Council Member being Council Member Santillan on the further instructions that have being provided relative to the managing of the disposition of that matter and relative to further action concerning that matter. Orrthe second aspect of it, the Council reached consensus all of them in agreement as to the action to be taken. So I want to make sure that we have that distinction, there were two separate decisions made relative to that issue on the one there is a 3-1 basis and the other one all 4 members were in agreement as to what the further direction would be, that being the second aspect of the decision. Council Member Vasquez was not present at any time during closed session. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Pedroza, seconded by Council Member Johnson, and carried to adjourn the regular Lynwood City Council meeting at 11:00 p.m., in memory of Ellis Matthews, Jesus Rivera; and Abner Wells. ~2~, , L uis Byrd, ayo Andrea L. Hooper, City Jerk --~ ~i ~J Under Negotiation: Price and terms of payment -Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Four (4) Cases. C. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Alfredo J. Lopez, III Employee Organization: Lynwood Employees' Association D. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager It was moved by Council Member Santillan, seconded by Council Member Johnson, and carried to recess to closed session at 8:23 p.m. Council reconvened at 10:45 p.m. City Attorney Beltran reported that all closed session items were discussed without the participation of Council Member Vasquez. The Council met on the aforementioned matters and with respect to the following: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ("Seiler" or "Seller's") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment -Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto.