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HomeMy Public PortalAboutM2005-03-01-CCLYNWOOD CITY COUNCIL REGULAR MEETING MARCH 1, 2005 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 5:10 p.m. Mayor Rodriguez presiding. r Councilman Byrd, Pedroza, Santillan, Vasquez, and Rodriguez answered the roll call. Also present were Interim City Manager Wang, 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. Item #6: PRESENTATIONS/PROCLAMATIONS: • Women's History Month Proclamation Ethel Pacheco -Betty Jingles Sylvia Herron -Paulette Bradley Della Maziotti • .Mayor's Teacher Apple Award - Mr. Robert Morris • Citizen Athlete of the Month -Ivory Thomas • Certificate of Recognition -Patricia Lopez • L. Ron Hubbard Day - Alfreddie Johnson • Safe Community Week - Lt. Garza Item #7: COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY LYNWOOD INFORMATION INC. LYNWOOD PUBLIC FINANCE AUTHORITY LYNWOOD UTILITY AUTHORITY City Attorney Beltran stated if Council would consider taking Closed Session at this time. There are some individuals here that can provide some advice on Closed Session. Mayor Rodriguez asked if this only pertains to Agenda items that have to deal with special Counsel Mayor -Pro Tem Santillan stated that she would like to take public orals first and then go to Closed Session. Mayor Rodriguez asked if that was fine with Council, all Council members agreed. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia -Spoke on Item 14 Quarterly Contract Change Order Report. Questioned the amount of Change Orders and feels that they are excessive. Spoke on Item 20 July 4`h Celebration and read her petition regarding the ban on fireworks. Is in favor of banning Fireworks in the City. Spoke on Item 21 Proposals for development of City Newsletter. Questioned why is the City spending money when the City is in a deficit. Frank Calderon -Spoke against item #12 Amendment to the professional services agreement to provide affordable housing services for the Home Program. Paulette Bradley -Spoke on Item 20 July 4~h Celebration spoke in favor of banning all fireworks. PUBLIC ORAL COMMUNICATIONS Clayton Wolferd - he has been a home owner for the past 7 yeazs on Lugo and in that time there have been major improvements. However, Union Oil Gas Station has a lot of illegal activity that goes on there, and it is not safe at night. Alma -stated that her kids are asking questions on what the people are doing drugs and in fact the aze smoking marijuana and her kids aze being hazassed by the men and she is afraid for her kids safety. Rosa -Stated that every morning at 5:30 a.m. she has people in her driveway and she is afraid for her safety and they are asking for help from the Council to do something about this. Sylvia -Stated that it is not right for the children to see the drinking, drugs and prostitution as they pazk out in front of their homes. Lucy Avalos -Stated that she has talked with Mayor Rodriguez and Capt. Lopez regazding this problem and they paid little attention. She is here tonight to ask the Council to please pay more attention to their problems they aze tired of this kind of illegal activity in there neighborhood. Advised Council to stop going to seminazs that brings little or no benefits to the City. Manuel Lopez -Stated he is tired of the problems with drugs, and prostitution. His wife and kids have to wait for him to come home if they want to go for a walk or to the store because they aze afraid to walk by themselves. Gloria -Stated that the prostitution is out of hand and she has daughters that see this going on in front of the house and ask her questions as to why the prostitutes don't have any clothes on. They leave their beer bottles all over as well as clothes and used condoms. _ Mayor Rodriguez -Stated council. is listening to the concerns of the residents, and takes these complaints seriously this is why Council is working really hard to bring in four more sheriffs and this would be a specialized gang unit that will deal with the gang problems. Asked if Capt. Lopez Could give an update. Capt. Lopez -Stated there aze problems on many street and when they focus on a particulaz one it does divert their attention from other locations. All calls are being recorded when the public calls the station. If you have an issue where you believe that your answers to your questions aze not satisfactory to your needs you need to talk to the Watch Commander or Watch Sergeant they aze in charge of the shifr and they can address your issue that you may have. Residents can call and remain anonymous. Mayor Pro-Tem Santillan -Asked if Lucy Avalos can set up a block watch meeting in her neighborhood and the city will bring a sheriff to the meeting to help you out with the problems that her street is having. Also asked the Interim City Manger what the City can do with that alley. Mayor Rodriguez -Asked the Interim City Manager to give Council a report on the issues that where brought up. Rod White -Stated he does not like it when Council goes to Closed Session in the beginning of the Council Meeting and holds Public Orals later in the evening. This Council is being disrespectful to the Citizens of Lynwood. Also stated he is against the i thirty year contract with the Billboard Company. Irene Gazcia -Spoke against the thirty - yeaz contract with the Billboazd Company. ~ Jack Keane -Spoke on how great the Sheriff caz looks with the City Logo on it, and that Capt. Lopez is the most professional Captain he has had the pleasure of dealing with. Roman -Stated Cachazitos Lynwood Cubs he is here because there is a lack of space for the kids to train. He has received an invitation leatter to a tournament in Hawaii. They aze coming to the City for help or a latter that would allow him to approach businesses to ask for sponsorship and funds. Also, if someone could talk to the person in change of the baseball fields he has been verbally insulting and has used racial slurs when yelling at us. Sal AlaTorre -Stated that Irene Gazcia has a petition with thirty-three signatures wanting to ban fireworks. Wants to make sure that Council gets a copy of those signatures. Also, the City should write a letter to the School District stating if they aze going to build a School next to -and near motels and hotels they should at least put video cameras on and around the School for the safety of kids. Alex Landeros -Stated that the Environmental Services has funding if the City is willing to change all the trucks and transportation that the City provides. Juan Figueroa -Stated that he wanted to know how many sheriff units are in the City of Lynwood. He also stated that he was shot at in a drive by shooting while he was working When he was calling for help the supervisor told him to get off the radio. Mr. Figueroa tried to talk to his supervisor but nobody wants to talk to him and he is still waiting to discuss this. City Attorney Beltran interrupted and stated that employment circumstances should not be discussed and there is the matter of investigation by the Sheriffs Department. He is advising that Council say the least amount as possible relative to this matter. Peazline Calderon -Stated she is happy to see that Councilmen Pedroza concern about the Home Land Security. And in regards to over night parking she would like to a Town Hall Meeting reading this. And that is was Ms. Dioxins wish that Bateman Hall Should be named after her. Irene Garcia -Stated there aze four and half months left for him to raise the money himself and not to come the City for a hand out also the kids are not a part of the Lynwood Youth Program. PUBLIC HEARING ~I Item #8: MINUTES OF PREVIOUS MEETINGS It was moved by Councilman Byrd, seconded by Mayor Pro-Tem Santillan to approve the following Minutes. January 18, 2005 -Special Meeting January 18, 2005 -Regular Meeting ROLL CALL: AYES: COUNCILMAN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC HEARING Item #9: ZONING ORDINANCE AMENDMENTS NO. 2004-02 UPDATE LYNWOOD MUNICIPAL CODE, CHAPTER 25 7 ADOPT A NEGATIVE DECLARATION. ~, Interim City Manager Wang -asked Director of Development Services Grant Taylor to explain the item. Director of Development Services Grant Taylor responded that the Ordinance that is before them would amend chapter 25 in the Lynwood Municipal Code in its entirety and provide an updated Zoning Code. In addition, staff is asking that Council certify the Environmental Documentation, which includes a negative declaration initial study. ORDINANCE FIRST READING (bv title onlyl: °°AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LO5 ANGELES, STATE OF CALIFORNIA, ADOPTING AN AMENDED ZONING CODE, CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE, PURSUANT TO ZONING ORDINANCE AMENDMENT NO. 2004-02, AND APPROVING THE ACCOMPANYING INITIAL STUDY AND NEGATIVE DECLARATION," It was moved by Councilman Pedroza, seconded by Mayor Rodriguez to approve the Zoning Ordinance Amendments No. 2004-02 update Lynwood Municipal Code, Chapter 25 adopt a negative declaration. ROLL CALL: AYES: COUNCILMAN RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: BYRD PEDROZA, SANTILLAN, VASQUEZ, AND Mayor Rodriguez requested to recess to Closed Session because there are two Attorneys and a consultant, waiting. Council can then return to the regular Agenda back and continue with the Agenda. It was moved by Councilman Byrd seconded by Mayor Rodriguez to recess to Closed Session at 8:44p.m. Council reconvened at 10:15 p.m. Item #10: MUNICIPAL CODE AMENDMENT NO. 2005-01 UPDATE LYNWOOD MUNICIPAL CODE SECTION 7-22 AND 7-23 ABATEMENT OF INOPERATIVE VEHICLES AND CITY DIRECTED TOW SERVICES It was moved by general consent to continue this item and to keep the public hearing open. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ 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 be removed from the Consent Calendar for separate action. Councilwoman Vasquez pulled item 13 for further discussion It was moved by Councilman Byrd, seconded by Councilman Pedroza to receive and file and adopt the following Resolution and Ordinance. Item #11: APPROVAL OF THE WARRANT REGISTERS RESOLUTION N0.2005.027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. .~.1 Item #12: AMENDMENT TO THE TO PROVIDE AFFOR] HOME PROGRAM. "A RESOLUTION OF THE CITY APPROVING AN AMENDMENT AGREEMENT BETWEEN THE C JOSEPH & ASSOCIATES TO SERVICES FUNDED UNDER TE (HOME) PROGRAM." Item #14: QUARTERLY Staff has reviewed all Capital Improve. change orders, which were issued dur January 31, 2005 and recommends that contract change order report for the pf 2005. Item #15: AWARD OF CONTR PROJECT NUMBER OS STREET. "A RESOLUTION OF THE CITY 1 CANCELLING THE AWARD 1 LINDBERGH AVENUE) AND JO MURIEL DRIVE) IMPROVEMENT CONTRACT OT BANNAOUN AWARDING THE PROJECT TO TH CORPORATION IN THE AMOUNT MAYOR TO EXECUTE THE AGREI Item #16: SELECTION OF PROFESSIONAL E The purpose of this item is to present to final recommended list of consultant fern for street and alley design, water distribul recommends that the City Council recei consultant firms to provide professional ~ water distribution system, and traffic engi Item #17: AWARD OF A I GROUP DESIGN "A RESOLUTION OF THE CITY AWARDING A CONTRACT TO W $137,005 FOR THE DESIGN REHABILITATION AND ADDIT FISCAL YEAR 2004-2005: AND Al THE AGREEMENT." ROLL CALL: AYES: COUNCILMEN BYRD, RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE ~SIONAL SERVICES AGREEMENT HOUSING SERVICES FOR THE ~UNCIL OF THE CITY OF LYNWOOD O THE PROFESSIONAL SERVICES OF LYNWOOD AND FRANCISCO R. DVIDE HOUSING REHABILITATION HOME INVESTMENT PARTNERSHIP CHANGE ORDER REPORT t Projects and has identified two (2) contract the period from November 1,.2004 through City Council receive and file staff s quarterly t of November 1, 2004, through January 31, STREET IMPROVEMENT PROJECT, VIRGINIA AVENUE AND JOSEPHINE ~UNCIL OF THE CITY OF LYNWOOD VIRGINIA (STATE STREET TO PHINE STREET (BULLIS ROAD TO ROJECT, PROJECT NUMBER OS-5299, 1GINEER5- CONSTRUCTORS; AND NEXT RESPONSIBLE BIDDER, RANCO F $394,425.00; AND AUTHORIZING THE fL'NT » TANT FIRMS TO PROVIDE s SERVICES. ,e City Council the selection process and the to provide Professional Engineering Services i system design, and traffic engineering. Staff and approve the report on the selection of ;ineering services for design of streets, alleys, SERVICES CONTRACT TO WEST 7NCIL OF THE CITY OF LYNWOOD GROUP DESIGN IN THE AMOUNT OF F THE CITY HALL COMPLEX i PROJECT, PROJECT NO. OS-5189, DRIZING THE MAYOR TO EXECUTE SANTILLAN, VASQUEZ, AND Item #13: REQUEST FOR LOS AGNELES COUNTY BOARD OF SUPERVISORS TO UNDERTAKE A FAIR AND COMPREHENSIVE AUDIT OF SHERIFF'S COSTS CHARGED TO CONTRACT CITIES. Councilwoman stated what the Contract Cities aze attempting to do is ask all City Councils to adopt a Resolution asking the L.A. County Boazd of Supervisors to direct the auditor controller to conduct a complete and comprehensive review of all the aspects of cost and expenses that are relating to the Sheriffs delivery of services to Contract Cities. It was moved by Councilman Byrd, seconded by Mayor Rodriguez to approve the following Resolution. I~ RESOLUTION NO. 2005.031 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS UNDERTAKE A FAIR AND COMPREHENSIVE AUDIT OF SHERIFF'S COSTS CHARGED TO THE CONTRACT CITIES." ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITMES Item #18: REQUEST FOR SPECIAL PERMIT: CAR DEPOT ENTERPRISES MARCH 19-20, 2005. It was moved by Mayor Pro-Tem Santillan seconded by Councilman Pedroza to approve the request for Mr. Edgar Silva of Car Depot Enterprises For a special permit to conduct a special event and parking lot sale and activity on Mazch 19`h and 20`h 2005 based upon the following conditions: • The proponent of the permit agrees to pay all permit fees. • The proponent must agree to meet all requirements set forth by the Fire Department. • The proponent agrees to provide the security requirement set forth by the Sheriff Department. • The proponent agrees to keep noise levels within those prescribed by the Lynwood Municipal Code. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19: REQUEST FOR SPECIAL PERMIT: WARFiOUSE SHOE SALE MARCH 19-20, 2005. It was moved by Councilman Pedroza seconded by Councilwoman Vasquez to approve the request from Alex Peralta of Warehouse Shoe Sale for a special permit to conduct a ~ - Tent Sale at 10901 Atlantic Ave. on Saturday and Sunday March 19`h through 20`h 2005. I~ Based upon the following conditions: The proponent of the permit agrees to pay all permit fees. The proponent must agree to meet all requirements set forth by the Fire Department. The proponent agrees to provide the security requirement set forth by the Sheriffs Department. • The proponent by the Lynwood ROLL CALL: AYES: COUNCILMEN BYRD, RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #20: JULY 4~ CLEBRATION It was moved by Councilman Pedroza se acquisition of a vendor to provide the pyrot the adoption of the attached resolution, anc current 2003-2005 biennial budget period in order to facilitate purchases that must t the adoption of the attached resolution. "A RESOLUTION OF THE CITY CI AUTHORIZING THE SOLICITATI PYROTECHNICIAN TO PROVIDE ' EVENT THROUGH THE INFORMAL to keep noise levels within those prescribed ;ipal Code. SANTILLAN, VASQUEZ, AND conded by Councilman Byrd to approve the ;chnic display via the informal bid process via authorize the expenditure of funds during the from the 2005-2006 fiscal year budget period e completed well in advance of the event via CIL OF THE CITY OF LYNWOOD OF VENDORS TO ACQUIRE A FIREWORKS DISPLAY FOR THE PROCESS." "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE 2003-2005 FISCAL YEAR BUDGET PERIOD DURING THE 2003-2005 BIENNIAL BUDGET PERIOD." ROLL CALL: AYES: COUNCILMEN BYRD, RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21: PROPOSALS FOR Public Relations Officer Johonna Howa printing the newsletter publication for the Ivan Crosbie and Maria Gazcia gave a Enterprise, Inc. that publishes The Sout] Armando Guerra gave a presentation from do for the Lynwood Newsletter publication It was moved by Councilman Pedroza following Resolution SANTILLAN, VASQUEZ, AND OF CITY NEWSLETTER gave a presentation and the cost amount of ry of Lynwood. Sun. on Universal Mass Communication Professional Services on what they can by Mayor Rodriguez to approve the "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ~, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND - GUERRA PROFESSIONAL SERVICES FOR THE PREPARATION, PUBLICATION AND DISTRIBUTION] OF A CITY PUBLICATION" ROLL CALL: AYES: COUNCILMEN, PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: BYRD, VASQUEZ ABSTAIN: NONE ABSENT: NONE It was moved by Mayor Rodriguez seconded by Councilman Pedroza to approve 12 pages full color from Guerra Professional Services ROLL CALL: AYES: COUNCILMEMBER PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: COUNCILMEMBER VASQUEZ ABSTAIN: COUNCILMEMBER BYRD ABSENT: NONE CLSOED SESSION Item #22: CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Title: City Manager Los Angeles County Century Sheriff Station Captain/Lynwood Public Safety Director B. With respect to every item of business to be discussed in closed session pursuant to 54957.6: CONFERENCE WITH LABOR NEGOTIATIOR Agency Negotiator: Gail L. Black Employee Organization: Lynwood Employees' Association Lynwood Management Bargaining Group C. With respect to every item of business to be discussed in closed session pursuant to 54956.9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: Homer Quazker v. Juan Francisco Figueroa, City of Lynwood et, al. LASC Case No. TC017897 D. With respect of 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: TWO (2) CASES - (ONE CASE - UMMCI) It was moved by Councilman Pedroza, seconded by Mayor Rodriguez and carried to recess the Joint Closed Session at 11:55 p.m. Council reconvened at 1:10 a.m. City Attorney Beltran stated that Council met on the aforementioned matters and stated on: Item #22: CLOSED SESSION A. PUBLIC EMPLOYEE Title: City Manager -There was a 5 - 0 consensus, and further instruction was given to recruiter regardingemployment terms. Los Angeles County Century Director -Staff gave a report B. CONFERENCE WITH LABOR Agency Negotiator: Employee Organization: Staff gave a report and no :riff Station Captain/Lynwood Public Safety no action was taken. TIOR Employees' Association Management Bargaining Group was taken. C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Name of Case: Homer Quarker v. Juan Francisco Figueroa, City of Lynwood et al. LASC Case No. TC017897 There was a concusses the vote D. CONFERENCE WITH LEGAL -ANTICIPATED LITIGATION TWO (2) CASES - (ONE CASE '- UMMCI) r-~ Only 1 case reviewed Councilwoman Vasquez left prior to the discussion of _ the item the concusses was a 4 - 0 approval of settlement terms in form satisfactory to the City Attorneyf Having no further discussion, it was Rodriguez and carried to adjourn the Elizabeth Dixon Ramon Rodnguez, Mayor Gail iL. Black 5 - 0 to approve settlement. by Councilman Pedroza, seconded by Mayor r Council Meeting at 1:15 a.m. in memory of Andrea L. Hooper, City Clerk