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Home My Public Portal AboutM2006-04-04-CCLYNWOOD CITY COUNCIL REGULAR MEETING APRIL 4, 2006 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 5:13 p.m. Mayor Vasquez presiding. Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez answered the roll call. 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) Aide Castro spoke on item #23 -OFFICE OF THE CITY CLERK -ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES. He was under the impression that the Council wanted to take away the duties of the City Clerk. She asked the Council to respect all elected positions. Percy Brown spoke on item #23 -OFFICE OF THE CITY CLERK - ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES. She was perplexed why the Council wanted to take away the duties of the City Clerk. Irene Garcia spoke on item #23 - OFFICE OF THE CITY CLERK -ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES. She does not understand why the Council wants to take the duties away from the City Clerk. On item #25 =TOWING SERVICES OPTIONS, she requested that the towing contract should go to a local company. Paulette Bradley spoke on item #23 -OFFICE OF THE CITY CLERK -ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES. She questioned if this move would affect the retirement compensation of the City Clerk. Margie Harper spoke on item #23 -OFFICE OF THE CITY CLERK -ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES. She believes City Clerk is doing good job. PUBLIC ORAL COMMUNICATIONS Frank P, Calderon requested the proponents of the re-call to pay for the expense. Irene Garcia commented on the need for affordable housing in Lynwood. Margaret Araujo commented that she is sick and tired of people calling Council Members to complain about City issues. Herman Young commented on the need for sidewalk improvements and fix pot holes. Maria Ybarra requested the City to fix the pot holes on Waldorf Drive. Carol Tally commented on the need to clean up street trash around the City. Aide Castro commented that the City Manager kicked out a Council Member out of a meeting. She believes that was inappropriate. Bess Goodman commented that the area around Lindbergh elementary school is congested with traffic when the children get out of school. She also commented she supports the City Clerks job performance. Jack Keen commented the reason he never gives out his residential address when required to do so during public orals is because he has had bad experience with people stalking him. Dr. Hanan Islam commented that it's important to improve communications especially on the transition of new policies. Alex Landeros commented that the City should add more diverse restaurants other than Tacos and Chinese food restaurants. Lorene Reed commented that the City manager is trying to move City forward. PUBLIC HEARING Item #7 PUBLIC HEARING FOR A SUBSTANTIAL CHANGE TO THE HOME PROGRAM It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to open the public hearing. Dr. Hanan Islam questioned if there were going to be funds available for first time buyers and home owners who want to rehabilitate their home. Lorene Reed commented that the dollar amount to the HOME program needs to be increased because the people who are rehabilitating their homes are facing rising construction costs. She also commented on the need to rehabilitate and presence older homes. Patricia Carr commented that it's importing to properly staff the department in order to implement this program. It was moved by Council Member Pedroza, seconded by Mayor Pro Tem Johnson, and carried to continue the public hearing to April 18, 2006. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8 APPEAL NO. 2006-01 PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 2005-35 TO UPGRADE AN EXISTING ALCOHOLIC BEVERAGE LICENSE FROM BEER AND WINE TO AN OFF-SITE GENERAL LICENSE (TYPE 21) ALSO SERVING DISTILLED SPIRITS The Mayor declared the meeting open. Rod Archer, representing Villa Clara Market, said his client purchased the property around 9 months ago. He said he is willing to comply with requirements established by the City and asked the council to approve the CUP. It was moved by Council Member Santillan, seconded by Council Member Syrd, and carried to close the public hearing. I~ UII x, e, It was moved by Council Member Byrd, seconded by Council Member Santillan, to approve the resolutions with the conditions set forth in section 2 of the resolution. RESOLUTION NO. 2006.047 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING APPEAL NO. 2006-01 (CONDITIONAL USE PERMIT NO. 2005-35) TO UPGRADE AN EXISTING LICENSE TO SELL ALCOHOLIC BEVERAGES FROM OFF-SALE BEER AND WIN (TYPE 20) TO OFF-SALE GENERAL (TYPE 21) IN CONJUNCTION WITH THE EXISTING MARKET (VILLA CLARA), LOCATED AT 10236 LONG BEACH BOULEVARD (APN 6191-005-023) IN THE C-3 (COMMERCIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ 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. It was moved by Council Member Byrd, seconded by Council Member Pedroza, to approve the minutes, adopt the resolutions, and receive & file the staff reports. Item #9 MINUTES OF PREVIOUS MEETINGS: Regular Meeting -March 7, 2006 Item #10 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2006.048 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #11 LYNWOOD SENIOR CITIZEN CENTER PROJECT NUMBER 05-5297 RESOLUTION NO. 2006.049 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO. 2 TO THE EXISTING CONSULTANT CONTRACT WITH STEINBERG ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE LYNWOOD SENIOR CITIZEN CENTER AT THE EXISTING HOURLY RATE NOT TO' EXCEED $50,000 IN TOTAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #12 ACCEPTANCE OF AN EASEMENT OFFER DEDICATED FOR STREET PURPOSES RESOLUTION NO. 2006.050 ENTITLED: ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 10900 LONG BEACH BOULEVARD, 10910 LONG BEACH BOULEVARD AND 10930 LONG BEACH BOULEVARD. Item #13 SIDEWALK RECONSTRUCTION PROJECT FY 2005-06 s, - RESOLUTION NO. 2006.051 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING $41,645 OF TDA ARTICLE 3 FUNDS FOR THE SIDEWALK RECONSTRUCTION PROJECT, FY 2005-06. Item #14 TRAFFIC SIGNAL IMPROVEMENTS WORK AT IMPERIAL HIGHWAY AND ATLANTIC AVENUE RESOLUTION NO. 2006.052 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE TRAFFIC SIGNAL IMPROVEMENTS AT IMPERIAL HIGHWAY AND ATLANTIC AVENUE INTERSECTION AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFERS. Item #15 DIRECTOR OF REDEVELOPMENT- EMPLOYMENT AGREEMENT RESOLUTION NO. 2006.053 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES FOR THE DIRECTOR OF REDEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. Item #16 QUARTERLY CONTRACT CHANGE ORDER PROJECT REPORT- NOVEMBER 1, 2005 THROUGH JANUARY 31, 2006 Receive and file staff's quarterly contract change order report for the period of November 1, 2005 through January 31, 2006. Item #17 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2006-2007 RESOLUTION NO. 2006.054 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER TO PREPARE A REPORT ON THE LANDSCAPING ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2006-2007. Item #18 LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FY 2006-2007 RESOLUTION NO. 2006.055 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER TO PREPARE A REPORT ON THE LIGHTING ASSESSMENT DISTRICT AS PROVIDED FOR UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 2006-2007 Item #19 MS. SENIOR AMERICA REGIONAL PAGEANT Approve the following 1. The hosting of the Ms. Senior America Regional Pageant at Bateman Hall. 2. RESOLUTION NO. 2006.056 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOD AUTHORIZING THE Item #20 MAYOR TO EXECUTE AN AGREEMENT WITH THE MS. SENIOR AMERICA OF CALIFORNIA ORGANIZATION. 3. The assessment of an admission fee for entrants into the pageant and for the general public to see the event in order to cover the costs associated with the hosting of the event. SECOND READING OF CITY OF LYNWOOD ORDINANCE IMPLEMENTATION OF DESIGN REVIEW BOARD iJ ,, ,. a _,, ORDINANCE NO. 1572 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN SECTIONS OF TITLE 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE INCLUDING SIGNS, FENCES, DEVELOPMENT STANDARDS AND USES. Item #21 SECOND READING OF CITY OF LYNWOOD ORDINANCE - AMENDMENTS TO LYNWOOD ZONING CODE ORDINANCE NO. 1573 ENTITLED: rl, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 2-27 TO THE LYNWOOD MUNICIPAL CODE BY ESTABLISHING A DESIGN REVIEW BOARD. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #22 PRESENTATION OF THE PROPOSED NEW AND REVISED FEES BASED ON THE CONSULTANTS STUDIES, INCLUDING THE COST OF SERVICES STUDY, COMPREHENSIVE DEVELOPMENT IMPACT FEES STUDY AND ART IN PUBLIC PLACES REPORT Director of Finance - Marysheva and Pacific Municipal Consultants' gave a presentation on the impact fees study. After discussion it was moved by Council Member Pedroza, seconded by Council Member Santillan, to (a) receive& file staffs report; (b) receive Pacific Municipal Consultants' studies and presentation concerning the City's proposed new and revised fees; (c) review and approve the timeline to implement the proposed new and revised fees; and (d) provide staff with direction. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23 OFFICE OF THE CITY CLERK -ASSESSMENT OF STATUTORY DUTIES AND CONSIDERATION OF FUNCTIONAL ALLOCATION OF RESPONSIBILITIES AND STATUTORY DUTIES City Manager Martinez made a presentation on the statutory duties of the City Clerk. City Clerk Hooper reported on the records management system she has in her office. She also reported on her efforts to put City resolutions and certain documents online. After discussion it was moved by Council Member Pedroza, seconded by Mayor Pro Tem Johnson, to bring this item back in two weeks to allow the Council and residents an opportunity to tour the City Clerks records management operations. r-- ROLL CALL: i AYES: NOES: ABSTAIN: ABSENT: Item #24 s: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE CONSIDERATION OF A RELEASE OF A REQUEST FOR PROPOSALS TO CONDUCT A FEASIBILITY STUDY TO ESTABLISH A PUBLIC SAFETY FACILITY WITHIN THE CITY OF LYNWOOD .; ~,, Lorry Hempe made a presentation on the proposals to conduct a feasibility study to establish a public safety facility within the City of Lynwood. After discussion it was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, to approve the following: Option #1 -Direct staff on the scope of the study and authorize the release of a Request for Proposals to conduct a feasibility study to establish a public safety facility and; Model #3 -Police Department, This model involves City staffing of law enforcement services for higher accountability to both residents and city officials, more ownership between community and police officers and development of identity and pride within the City. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #25 TOWING SERVICES OPTIONS PEDROZA, SANTILLAN, AND Grant Taylor made a presentation on the City of Lynwood towing services options. After discussion it was moved Mayor Pro Tem Johnson, seconded by Council Member Santillan, to approve option #3 -city directed tow ordinance and option #4 -Request for Proposal (at large). RESOLUTION NO. 2006.057 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A REQUEST FOR PROPOSALS FOR NON-EXCLUSIVE TOWING SERVICES. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: PEDROZA,VASQUEZ Item #26 AGREEMENT WITH DEVELOPERS OF THE PROPERTIES LOCATED AT 10900, 10910, AND 10930 LONG BEACH BOULEVARD G. Daniel Ojeda made a presentation on the properties located at 10900, 10910, and 10930 Long Beach Boulevard. After discussion it was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, to approve the resolution. RESOLUTION NO. 2006.058 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE COVENANT AND AGREEMENT BETWEEN THE CITY AND THE DEVELOPERS OF THE PROPERTIES LOCATED AT 10900, 10910, AND 10930 RELATIVE TO SITE PLAN REVIEW 2004-30. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES' NONE ABSTAIN: N9NE ABSENT: NONE ~ _' ..~a i~ U CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Pedroza requested staff to look into putting a left turn signal on the south bound side of Long Beach Boulevard at Sanborn. He was pleased that Governor Schwarzenegger visited Plaza Mexico. Mayor Pro Tem Johnson commented that the Mayor was selected to chair the Latino/African American Leadership Summit at USC. Mayor Vasquez commented that she was very impressed by Governor Schwarzenegger when he visited Plaza Mexico. CLOSED SESSION Item #27 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 -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: Laverne Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 3. Name of Case: Thomas v. City of Lynwood Case No. BC288238 4. Name of Case: Cynthia Green-Geter v. City of Lynwood Case No. 0700000041 C. PUBLIC EMPLOYEE APPOINTMENT /DISCIPLINE /DISMISSAL / RELEASE Director of Recreation & Community Services D. With respect to every item of business to be discussed in closed session pursuant to Section 5456.95: LIABILITY CLAIMS 1. Claimant: -Ethel Todd Agency claimed against:City of Lynwood 2. Claimant: Juan Gomez Agency claimed against:City of Lynwood 3. Claimant: Ernestine Austin Agency claimed against:City of Lynwood It was moved by Council Member Pedroza, seconded by Council Member Santillan, and carried to recess to Closed Session at 9:08 p.m. Council reconvened at 10:39 p.m. City Attorney Beltran stated that 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 ("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. After presentation the Council reached consensus (5- 0) and provided further instructions to staff regarding the possible disposition of the matter. B. 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 No action was taken. 2. Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 No action was taken. 3. Name of Case: Thomas v. City of Lynwood ~ ' "-eD' Case No. BC288238 No action was taken. 4. Name of Case: Cynthia Green-Geter v. City of Lynwood Case No. 0700000041 No action was taken. (~' C. PUBLIC EMPLOYEE APPOINTMENT /DISCIPLINE /DISMISSAL / RELEASE Director of Recreation & Community Services This item was not discussed. E. With respect to every item of business to be discussed in closed session pursuant to Section 5456.95: LIABILITY CLAIMS 1. Claimant: Ethel Todd Agency claimed against: City of Lynwood After presentation the Council reached consensus (4-0-1 Santillan not present) and provided further instructions to staff regarding the possible disposition of the matter. 2. Claimant: Juan Gomez Agency claimed against:City of Lynwood After presentation the Council reached consensus (4-0-1 Santillan not present) and provided further instructions to staff regarding the possible disposition of the matter. 3. Claimant: Ernestine Austin Agency claimed against:City of Lynwood After presentation the Council reached consensus (4-0-1 Santillan not present) and provided further instructions to staff regarding the possible disposition of the matter. ADJOURNMENT Having no further discussion, it was moved by Council Member Pedroza, seconded by Council Member Byrd, and carried to adjourn the regular Lynwood City Council meeting at 10:43 p.m. r-'~ ~~~F ~~ 6- ~ - ,~.,,~.~, e~cia Vasquez, Mayor ~~ Andrea L. Hooper, City Clerk „, a