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
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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.
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L uis Byrd, ayo Andrea L. Hooper, City Jerk
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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.