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HomeMy Public PortalAboutM2005-12-20-CCLYNWOOD CITY COUNCIL REGULAR MEETING DECEMBER 20, 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 Vasquez presiding. Councilmembers Byrd, Johnson, Santillan, and Vasquez answered the roll call. Councilmember Pedroza arrived at 5:14 p.m. Also present were City Manager Martinez, City Attorney Beltran, and City Treasurer Pygatt. City Clerk Hooper was absent Deputy City Clerk Espinoza announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia commented she is not in favor of giving employees an extra two days off for the Holiday Season. Irene spoke in favor of item #16 -Landscaped Median Islands on Santa Fe Avenue. PUBLIC ORAL COMMUNICATIONS Frank Calderon commented he would like to see the City retrofit its bathrooms and doors to make it accessible for disable persons. Lionso Guzman thanked the Council for their support in approving the Chamber of Commerce request. Aide Castro commented she would not like to see the Council replace the City Attorney Jack Keen commented he would like to see the Council complete Los Amigos Park Sal Alatorre commented he was glad to see the employee classification and compensation issue on the agenda. On item #18, Audit Report, he requested the City to be more transparent on their financial reporting. Hanan Islam commented on the success of the Winter Wonderland. She mentioned she has seen employees work late in the evening and on weekends and believes employees deserve an extra two days off from work for the Holiday Season. Joaquin Mesinas congratulated the Council for doing the Christmas posadas events. Mr. Mesinas commented he is upset at Council Member Pedroza for the flyers that were given out at the posadas which made it seem that this was his event rather than the entire City Council. Lorraine Reed commented about the posadas. She recommends the Parks and Recreation Department do next years posadas flyers to avoid any marketing mishaps. Ms. Reed believes employees deserve an extra two days off from work for the Holiday Season. Adolph Lopez commented that it is OK to use the term Happy Christmas to describe the Holiday Season. Frank Calderon commented that the City Council may have violated Joaquin Mesina first amendment right. Aide Castro believes the Council should follow protocol when giving employees extra days off from work. 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. Councilmember Santillan pulled item #'s 9 -AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, item #10 -AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA, item #11 -AUTHORIZATION TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councilmember Byrd, pulled item #9 -AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councilmember Vasquez pulled item # 17 -STATUS UPDATE: TASK FORCE FOR IMPROVING THE QUALITY OF LIFE IN LYNWOOD, item #18 -STATUS REPORT ON ADDRESSING THE PRIOR YEARS' AUDIT FINDING, item #19 -CHAMBER OF COMMERCE UPDATE -NOVEMBER 2005. It was moved by Councilmember Byrd, seconded by Councilmember Pedroza, to approve the minutes, receive & file staff reports and adopt Resolutions. Item #7 MINUTES OF PREVIOUS MEETINGS: Special Meeting -December 5, 2005 Regular Meeting -December 6, 2005 Item #8 APPROVAL OF THE WARRANT REGISTERS RESOLUTION NO. 2005.195 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #12 ACCEPTANCE OF LYNWOOD RD. (STATE ST. TO MONROVIA AVE LOUISE ST. (STATE ST. TO PEACH ST.) AND CEDAR AVE. (STATE ST. TO PEACH STREET) PROJECT NUMBER 05-5299 RESOLUTION NO. 2005.196 ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LYNWOOD RD. (STATE ST. TO MONROVIA AVE.), LOUISE ST. (STATE ST. TO PEACH ST.), AND CEDAR AVE. (STATE ST. TO PEACH ST.) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5299, AS BEING COMPLETE. Item #13 QUARTERLY CONTRACT CHANGE ORDER AUGUST 1, 2005 THROUGH OCTOBER 31, 2005 Receive and file staffs quarterly contract change order report for the period of August 1, 2005 through October 31, 2005. Item #14 MULTI-WAY STOP AT SANBORN AVENUE AND PINE STREET RESOLUTION NO. 2005.197 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DESIGNATION OF THE INTERSECTION OF SANBORN AVENUE AND PINE STREET AS A MULTI-WAY STOP INTERSECTION. Item #15 MULTI-WAY STOP AT AGNES AVENUE AND ERNESTINE AVENUE RESOLUTION NO. 2005.198 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DESIGNATION OF THE INTERSECTION OF AGNES AVENUE AND ERNESTINE AVENUE AS AMULTI-WAY STOP INTERSECTION. Item #16 LANDSCAPED MEDIAN ISLANDS ON SANTA FE AVENUE PROJECT APPROVAL AND FUNDS REAPPROPRIATION RESOLUTION NO. 2005.199 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSTRUCTION OF LANDSCAPED MEDIAN ISLANDS ON SANTA FE AVENUE BETWEEN 110T" STREET AND LOS FLORES BOULEVARD AND AUTHORIZING THE NECESSARY FUNDS SWAP FOR THIS PROJECT. Item #9 REQUEST FOR PROPOSAL FOR ACITY-WIDE CLASSIFICATION AND COMPENSATION STUDY Councilmembers Byrd and Santillan pulled this item for discussion. Councilmembers inquired if the study could be done in-house. After discussion, it was moved by Councilmember Pedroza, seconded by Mayor Pro r-- Tem Johnson, to adopt the Resolution: RESOLUTION NO. 2005.200 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT A REQUEST FOR PROPOSALS FORA CITY- WIDE CLASSIFICATION AND COMPENSATION STUDY. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10 AUTHORIZATION TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councilmember Santillan pulled this item for discussion. Ms. Santillan had a few questions for staff. After discussion, it was moved by Councilmember Byrd, seconded by Mayor Pro Tem r; Johnson, to adopt the Resolution. RESOLUTION NO. 2005.201 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11 AUTHORIZATION TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA Councilmember Santillan pulled this item for discussion. Ms. Santillan wanted an update from staff. After discussion, it was moved by Councilmember Byrd, seconded by Mayor Pro Tem Johnson, to adopt the Resolution. RESOLUTION NO. 2005.202 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT STATEMENT OF QUALIFICATIONS TO PERFORM ASBESTOS SURVEY SERVICES AND ASBESTOS REMOVAL SERVICES FOR BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17 STATUS UPDATE: TASK FORCE FOR IMPROVING THE QUALITY OF LIFE IN LYNWOOD Mayor Vasquez pulled this item for discussion. Ms. Vasquez talked about the quality of life in Lynwood. After discussion, it was moved by Councilmember Pedroza, seconded by Councilmember Byrd, to receive and file this information item. Mayor Vasquez appointed Mayor Pro Tem Johnson to the task force. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #18 STATUS REPORT ON ADDRESSING THE PRIOR YEARS' AUDIT FINDING Mayor Vasquez pulled this item for discussion After discussion, it was moved by Councilmember Pedroza, seconded by Mayor Pro Tem Johnson, to 1) review and file the status report on addressing the prior years' audit findings and 2) adopt the Resolutions. RESOLUTION NO. 2005.203 ENTITLED: a) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT A REQUEST FOR PROPOSALS FOR A FINANCIAL MANAGEMENT SYSTEM /ENTERPRISE RESOURCE PLANNING SOLUTION. RESOLUTION NO. 2005.204 ENTITLED: b) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING BY TITLE AND NAME THOSE OFFICIALS WHO ARE AUTHORIZED TO SIGN INSTRUMENTS OF PAYMENT The City Attorney announced a correction to Section 2 of the Resolution, which replaces the title "Assistant Treasurer" to "Deputy City Treasurer". Furthermore, language was amended to Section 2 of the Resolution to state "Provided that at least one of the officers is the City Treasurer or the Deputy City Treasurer, unless both the City Treasurer and the Deputy City Treasurer are physically not available, in which case the Mayor's or the City Manager's signature would be necessary, in addition to the second approving officer". ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19 CHAMBER OF COMMERCE UPDATE -NOVEMBER 2005 It was moved by Councilmember Byrd, seconded by Councilmember Pedroza, to receive and file this report. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #20 SOLID WASTE CONTRACT RATE INCREASE After discussion, it was moved by Mayor Pro Tem Johnson, seconded by Councilmember Pedroza, to adopt the Resolution with Scenario 2. Scenario 2: In this scenario, beginning in January 2006, residential customers will be subject to a 2.5% CPI increase (prorated to account for the delay in the 2.5% increase since November 2005), and commercial/industrial customers will be subject to the CPI increase and an additional diversion cost. The resulting rate increases for these two sectors would be 19.50%. RESOLUTION NO. 2005.205 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE RESIDENTIAL AND COMMERCIAL RATE INCREASES FOR SOLID WASTE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT WITH CONSOLIDATED DISPOSAL SERVICES, INC. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21 REQUEST FOR EXTENSION OF THE AMENDED AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE This item was discussed jointly with the Lynwood Redevelopment Agency. It was moved by Mayor Vasquez, seconded by Mayor Pro Tem Johnson, to approve option #1 (60 sixty day extension) with stipulations that this item be referred to a committee, televise future Chamber meetings, and Chamber to provide quarterly reports. RESOLUTION NO. 2005.206 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE FOR PROFESSIONAL SERVICES. ROLL CALL :cl AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22 RELOCATION OF PARKING METERS FROM NORTH LONG BEACH BLVD. ZONE 26 After discussion, it was moved by Councilmember Byrd, seconded by Councilmember Pedroza, to approve installation of the parking meters on Atlantic Avenue between Imperial Highway and the I-105 Freeway. On a substitute motion, it was moved by Councilmember Santillan, seconded by Councilmember Pedroza, to approve installation of the parking meters on Atlantic Avenue between Imperial Highway and the I-105 Freeway and also approve installation of parking meters on State Street between Imperial Highway and Fernwood Avenue. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23 UTILITY USERS TAX EXEMPTION FOR LYNWOOD PARK WATER USERS -ASSESSMENT OF ALTERNATIVES The Council considered the possible extension of the exemption from the Lynwood Utility Tax for Park Water Company customers beyond the scheduled expiration date of December 31, 2005. After discussion of the issue and confirmation that senior citizens and the disabled would not be affected if the exemption is allowed to lapse, it was moved by Mayor Vasquez, seconded by Councilmember Pedroza, NOT to take any action to extend the exemption beyond the December 31, 2005 expiration date. The Resolution extending the Water Utility Users Tax Exemption for customers of Lynwood Park Water Company through January 31, 2006, was not adopted. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #24 SECOND READING OF ORDINANCE -PURCHASING PROCEDURES AND CONTRACTS After discussion. it was moved by Mayor Pro Tem Johnson, seconded by Councilmember Byrd, to adopt the Ordinance. ORDINANCE NO. 1571 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 2-5 AND SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6-3.1 THROUGH 6-3.13 AND A NEW SECTION 6-6 FOR THE PURPOSES OF UPDATING THE CITY'S PURCHASING PROCEDURES, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ENTER INTO CERTAIN CONTRACTS ON BEHALF OF THE CITY AND MOVING THE PROVISIONS OF THE CODE REGARDING CONTRACTS FOR PUBLIC WORKS PROJECTS TO A NEW SECTION OF THE CODE FOR CLARITY. ~; ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Deputy City Clerk Espinoza read the Ordinance by title. On a separate motion, it was moved by Councilmember Pedroza, seconded by Mayor Pro Tem, to direct staff to begin complying with the provisions of the Ordinance effective immediately. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE ,- Item #25 HP AUDIO & VIDEO PRODUCTION After discussion, it was moved by Mayor Vasquez, seconded by Councilmember Byrd, to continue agreement on a month-to month basis. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: PEDROZA ABSENT: NONE DISCUSSION ITEMS -CITY COUNCIL REQUESTS Item #26 LATINO CHAMBER OF COMMERCE CHRISTMAS DINNER After discussion, it was moved by Councilmember Santillan, seconded by Councilmember Byrd, to approve an amount of $720. RESOLUTION NO. 2005.207 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CITY'S ASSISTANCE TO THE LYNWOOD LATINO CHAMBER OF COMMERCE IN CONDUCTING THEIR ANNUAL CHRISTMAS DINNER SCHEDULED FOR r', WEDNESDAY, DECEMBER 21, 2005. ROLL CALL: ' AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #27 CITY COUNCIL STAFF SUPPORT A Member of the City Council requested an item be placed on the agenda to discuss the current and future staff support needs for the City Council. After discussion, it was moved by Mayor Pro Tem Johnson, seconded by Councilmember Pedroza, to direct staff to bring back this item for discussion for a later date. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION Item #28 City Attorney Beltran stated 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. 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: Two (2) Cases Bond Ratings 2. Jose Castro C. With respect to every item of business to be discussed in closed session pursuant to Section 54957: PUBLIC EMPLOYEE A!'POINTMENT!DISCIPLINE/DISMISSAURELEASE Director of Redevelopment I~ D. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (subdivision (a) of section 54956.9 :) 1. Name of Case: Bulletin Displays v. City of Lynwood Case No. BC340572 2. Name of Case: Ricky Lee v. City of Lynwood Case No. VN00478353 Case No. 0700200038 3. Name of Case: Cynthia Green-Geter v. City of Lynwood Case No. MON0287727 Case No. 0700000041 It was moved by Councilmember Byrd, seconded by Councilmember Pedroza, and carried to recess to Closed Session at 9:31 p.m. Council reconvened at 12:33 a.m. City Attorney Beltran stated that Council met on the aforementioned matters and stated on: A. CONFERENCES 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. 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. Council addressed four specific items related to one of the components of the property acquisition. After discussion the Council reached consensus 5-0 approving appraisal settlement offer for the goodwill involved in the four businesses. B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Two (2) Cases 1. Bond Ratings No action was taken. 2. Jose Castro No action was taken C. PUBLIC EMPLOYEE APPOINTMENT/ DISCIPLINE/ DISMISSAL/ RELEASE City Attorney Staff was provided further instructions. This item is to be brought back for discussion and action by Council. D. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (subdivision (a) of section 54956.9 :) 1. Name of Case: Bulletin Displays v. City of Lynwood Case No. BC340572 Councilmember Santillan was not present during discussion of this matter. After discussion, the Council reached consensus and provided further instruction regarding the handling of this litigation matter. 2. Name of Case: Ricky Lee v. City of Lynwood Case No. VN00478353 Case No. 0700200038 After presentation by special counsel, the Council reached consensus and provided settlement authority. 3. Name of Case: Cynthia Green-Geter v. City of Lynwood Case No. MON0287727 Case No. 0700000041 After presentation by special counsel, the Council reached consensus and provided settlement authority. ADJOURNMENT Having no further discussion, it was moved by Councilmember Pedroza, seconded by Mayor Pro Tem Johnson, and carried to adjourn the regular Lynwood City Council meeting at 12:35 a.m. Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk