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Home My Public Portal AboutM2006-06-06-CCLYNWOOD CITY COUNCIL REGULAR MEETING JUNE 6, 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 5:10 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, and City Clerk Hooper. City Treasurer Pygatt was absent City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Sal Alatorre spoke on item #25 -REVIEW OF RECALL ELECTION PROCESS AND PROCEEDINGS. He does not agree with the Council hiring attorneys to review the recall. John Mitchell spoke on item #17 -ASBESTOS SURVEY CONTRACT. He commented he was hired by the City to do asbestos testing. Paulette Bradley spoke on item #24 -SCULPTURE FOR LYNWOOD SENIOR CENTER. She spoke on the art in public places program. Rod White spoke on item #25 -REVIEW OF RECALL ELECTION PROCESS AND PROCEEDINGS. He commented he supports the Mayor. PUBLIC ORAL COMMUNICATIONS Irene Garcia commented she is against item 7 - 12. She believes this is taxation. Liberto Chavez commented he saved money for two years to build two bedrooms and the recent adoption of the ordinance requires him he has to build a car garage. He said he was not notified and requested that in the future the City give sufficient notice before they adopt an Ordinance. Joe Serrano commented he is against the recall. Sam Perdomo, Consolidated Disposal Service, commented he is moving on to a new career. He thanked Council for their support. Luis Manuel De La Cruz commented he is against raising taxes on water and trash. Jack Kean commented on the need to open more parks in Lynwood. 4 Georgette McKinney commented she is against the recall. _~ Lorna Hawkins commented she is against the recall Jackie Espinoza commented she is against the recall. Aide Castro commented on item #25. It is disturbing to her that the Council is hiring attorneys to investigate the recall. She also commented it is against to laws to use public funds for personal reasons. Sylvia Ortiz commented that the people circulating the petitions are over the age of 18, registered voters, and Lynwood residents. Alex Landeros commented on the warrant run. He requested Council to go after the SELAC people to recover the funds spent on the project. Joaquin Mesinas commented he is against hiring attorneys to investigate the recall. Sal Alatorre commented on the proposed budget. He requested more money for City parks. He questioned why the budget for the seven elected officials is $1 Million. Miguel Figueroa commented he is against hiring attorneys to investigate the recall. Ramon Rodriguez commented that the City Manager is doing a great job and requested the Council to look at the positive things he done for the City. Lorene Reed commented that the recall can happen and should happen if there is a legitimate reasons and legal way to do so. Irene Garcia commented that the City should budget for two sound blasters to do sidewalks. She also commented on the need for rent control. Paulette Bradley thanked department heads for attending the Personnel Commission meeting. Item #25 REVIEW OF RECALL ELECTION PROCESS AND PROCEEDINGS After discussion, it was moved by Council Member Byrd, seconded by Mayor Pro Tem Johnson, to investigate fully the recall election process and proceedings, turn over documents to proper authorities if necessary (district attorney, FBI), and authorized staff to negotiate and the Mayor Pro Tem to execute a retainer agreement with 'Strategic Counsel' approved to form by the City Attorney. Staff is to negotiate the hourly rate of $300 to $500 an hour and the number of hours will be Gaped at 100 hours. City Clerk Hooper raised a point of order to City Attorney Beltran as to whether Mayor Vasquez could vote on the item even though it involved hiring an attorney to investigate a recall on her. The City Attorney said he would advice the Council during closed session. It was moved by Council Member Byrd, seconded by Council Member Pedroza, to go to closed session to hear the City Attorney's advice on whether the Mayor can vote on the item. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE After the Council returned from closed session the following was the roll call on the main motion above. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, AND VASQUEZ NOES: PEDROZA, SANTILLAN ABSTAIN: NONE ABSENT: NONE l~ 1~ SECOND READING OF ORDINANCES Item #7 SECOND READING OF ORDINANCE -PERMITTING THE ESTABLISHMENT OF A COMPLEMENTARY STREET SWEEPING AND LIVABLE ENVIRONMENT FEE It was moved by Council Member Santillan, seconded by Council Member Byrd, to adopt the Ordinance. ORDINANCE NO. 1577 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN FINDINGS CONCERNING THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF LYNWOOD, THE MAINTENANCE OF A CLEAN ENVIRONMENT FREE OF TRASH AND REFUSE DISCARDED IN PUBLIC PLACES, ENHANCING THE REFUSE COLLECTION SERVICES FOR SAID PUBLIC PLACES, AND APPROVING THE ESTABLISHMENT OF A COMPLEMENTARY STREET SWEEPING AND LIVABLE ENVIRONMENT SERVICE FEE FOR RESIDENTIAL AND COMMERCIAL REFUSE BY ADDING A SUBSECTION 9-1.30 TO THE LYNWOOD CITY CODE. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: .NONE ABSTAIN: NONE ABSENT: NONE Item #8 SECOND READING OF ORDINANCE -REGULATION OF NEWS RACKS It was moved by Council Member Byrd, seconded by Council Member Santillan, to adopt the Ordinance. ORDINANCE NO. 1578 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 13-6 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 13-6 ESTABLISHING REGULATIONS FOR NEWS RACKS ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9 SECOND READING OF ORDINANCE REGARDING REGULATION OF PARCELS It was moved by Council Member Byrd, seconded by Council Member Santillan, to adopt the Ordinance. ORDINANCE NO. 1579 ENTITLED: -• - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTION 24-4 IN ITS ENTIRETY AND ADDING A NEW SECTION 24-4 REGULATING MERGER OF PARCELS. ROLL CALL AYES: COUNCIL MEMBERS VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE BYRD, JOHNSON, PEDROZA, SANTILLAN, AND Item #10 SECOND READING OF ORDINANCE -ISSUANCE OF CITATIONS BY BUSINESS LICENSE PERSONNEL It was moved by Council Member Santillan, seconded by Council Member Byrd, to adopt the Ordinance. ORDINANCE NO. 1580 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SUBSECTION 1-6.1 TO THE LYNWOOD MUNICIPAL CODE GRANTING AUTHORITY TO BUSINESS LICENSE PERSONNEL WHO ARE PENAL CODE ("P.C. 832") CERTIFIED TO ISSUE INFRACTION AND MISDEMEANOR CITATIONS. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC HEARING Item #11 BILLBOARDS & OFF-SITE OUTDOOR ADVERTISING DISPLAYS It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to open the public hearing. Grant Taylor, Director of Development Services, introduced the Billboards & Off -Site Outdoor Advertising Displays. Mark Kutler thanked staff for drafting this ordinance. It was moved by Council Member Santillan, seconded by Council Member Pedroza, and carried to close the public hearing. After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to waive the first reading and introduced the ordinance by title. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2006-03 ADDING SUBSECTION 25.70.095 TO THE LYNWOOD MUNICIPAL CODE REGULATING BILLBOARDS AND OFF-SITE OUTDOOR ADVERTISING DISPLAYS, by title only. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk Hooper read the ordinance by title. J Item #12 PUBLIC HEARING REGARDING PROPOSED RESOLUTION OF THE ~ CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CITY OF LYNWOOD'S FEE SCHEDULE TO ESTABLISH A COMPLEMENTARY STREET SWEEPING AND LIVABLE ENVIRONMENT SERVICE FEE FOR RESIDENTIAL AND COMMERCIAL REFUSE It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to open the public hearing. Marianna Marysheva, Director of Finance, introduced the Lynwood Fee Schedule Resolution. It was moved by Council Member Pedroza, seconded by Council Member Santillan, and carried to close the public hearing. After discussion, it was moved by Council Member Byrd, seconded by Council Member Santillan, to adopt the resolution. RESOLUTION NO. 2006.101 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CITY OF LYNWOOD'S FEE SCHEDULE TO ESTABLISH A COMPLEMENTARY STREET SWEEPING AND LIVABLE ENVIRONMENT SERVICES FEE FOR RESIDENTIAL AND COMMERCIAL REFUSE. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ 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 Pedroza pulled item #19 -AUTHORIZING THE FILLING OF THE ASSISTANT CITY MANAGER-FINANCE BY AN OPEN EXAMINATION PROCESS AND ENTERING INTO A CONTRACT WITH CPS EXECUTIVE SEARCH TO CONDUCT THE RECRUITMENT. It was moved by Council Member Pedroza, seconded by Council Member Santillan, to approve the minutes, adopt the resolutions, and receive & file staff reports. Item #13 MINUTES OF PREVIOUS MEETINGS: • Regular Meeting -May 2, 2006 • Regular Meeting -May 16, 2006 Item #14 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2006.102 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #15 RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), FOR EMERGENCY SERVICES RESOLUTION NO. 2006.103 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, RECOGNIZING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND ADOPTING THE NIMS PRINCIPLES AND POLICIES INTO THE EMERGENCY MANAGEMENT SYSTEM OF THE CITY OF LYNWOOD. Item #16 CROSSING GUARD PROGRAM REPORT OF CURRENT ISSUES RESOLUTION NO. 2006.104 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SEND OUT REQUEST FOR PROPOSALS FOR A SAFE ROUTE TO SCHOOL STUDY AND APPROPRIATE $30,000 FROM THE TRANSPORTATION ACCOUNT TO FUND THE STUDY. Item #17 AUTHORIZATION FOR AMENDMENT TO THE ASBESTOS SURVEY CONTRACT WITH CONTRAST ENVIRONMENTAL SERVICES TO SURVEY AND IDENTIFY THE ASBESTOS CONTAMINATED AREAS IN ALL THE RESIDENTIAL AND COMMERCIAL BUILDINGS IN THE HAM PARK REPLACEMENT PROJECT AREA RESOLUTION NO. 2006.105 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ASBESTOS SURVEY CONTRACT WITH CONTRAST ENVIRONMENTAL °' SERVICES IN AN AMOUNT NOT TO EXCEED $10,800 FOR SURVEY OF I 1 ADDITIONAL BUILDINGS AND OCCUPIED GARAGES AND AUTHORIZING THE `J MAYOR TO EXECUTE THE AGREEMENT. Item #18 REQUEST FOR SPECIAL PERMIT: MED-PRO FAMILY CLINIC - HEALTH FAIR Approved this request with the following conditions: 1. The applicant agrees to comply with the City of Lynwood permit requirements. 2. The applicant agrees to meet applicable requirements imposed by the Sheriff's Department, Fire Department, and Public Works Department. 3. The applicant agrees to comply with the noise levels prescribed in the Lynwood Municipal Code. Item #20 REQUEST TO APPROPRIATE PROPOSITION "A" TRANSPORTATION FUNDS FOR DIAL A TAXI SERVICES RESOLUTION NO. 2006.106 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPROPRIATION OF SIXTY THOUSAND DOLLARS FROM THE PROPOSITION "A" UNAPPROPRIATED FUND BALANCE TO THE ON-DEMAND DIAL A TAXI SERVICE. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19 AUTHORIZING THE FILLING OF THE ASSISTANT CITY MANAGER- FINANCE BY AN OPEN EXAMINATION PROCESS AND ENTERING INTO A CONTRACT WITH CPS EXECUTIVE SEARCH TO CONDUCT THE RECRUITMENT Council Member Pedroza pulled this item for discussion. Sandra Rocha, Director of Human Resources, introduced this item regarding open examination for the position of Assistant City Manager/Finance. After discussion, it was moved by Mayor Vasquez, seconded by Council Member Santillan, to approve the resolution ROLL CALL AYES: COUNCIL MEMBERS SANTILLAN, AND VASQUEZ NOES: BYRD,PEDROZA ABSTAIN: JOHNSON ABSENT: NONE The motion failed. The mayor announced that this item would be discussed in closed session. DISCUSSION ITEMS Item #21 SECOND READING OF ORDINANCE -EXEMPTING PERFORMERS AND CONTRACT CLASS INSTRUCTORS FROM BUSINESS LICENSE FEES It was moved by Council Member Santillan, seconded by Council Member Byrd, to _ adopt the Ordinance. Direction was given to staff to begin implementing the ordinance ~~ immediately. ORDINANCE NO. 1581 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN PROVISIONS OF SUBSECTION 4-6.5 AND 4-7.9 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSES OF PROVIDING EXEMPTIONS FROM THE PAYMENT OF BUSINESS LICENSE FEES FOR CERTAIN ENTERTAINERS / PERFORMERS AND RECREATION INSTRUCTORS. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AiJD VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22 GREEN BUILDING APPROACH FOR DEVELOPERS Grant Taylor, Director of Development Services, introduced the green building approach for developers. (~' After discussion, it was moved by Council Member Pedroza, seconded by Council Member Byrd, to receive & file the-report regarding green building approach for developers. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS -CITY COUNCIL REQUESTS Item #23 S. 2611 -COMPREHENSIVE IMMIGRATION REFORM ACT OF 2006 Autra Adams, Assistant to the City Manager, introduced S. 2611 -Comprehensive Immigration Reform Act of 2006. It was moved by Council Member Santillan, seconded by Council Member Pedroza, to adopt the resolution. r', RESOLUTION NO. 2006.107 ENTITLED: ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING - ITS SUPPORT FOR S. 2611, COMPREHENSIVE IMMIGRATION REFORM ACT OF 2006. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AiJD VASOUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #24 SCULPTURE FOR LYNWOOD SENIOR CENTER Autra Adams, Assistant to the City Manager, introduced the sculpture for the Lynwood Senior Center. After discussion, it was moved by Council Member Pedroza, seconded by Council Member Santillan, to send this item to the senior advisory committee and to direct staff to release a Request for Proposal for the design and installation for the sculpture or a similar piece of art. ~ j ROLL CALL: J AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #26 COMMITTEE TO SAVE COMPTON COLLEGE REQUEST FOR TRAVEL FUNDS It was moved by Council Member Byrd, seconded by Mayor Pro Tem Johnson, to approve travel funds of $2,000 for the Committee to Save Compton Community College District. The Western Association of Schools and Colleges (WASC) is having a hearing on June 14-16, 2006, ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE ( ~ CLOSED SESSION ICI Item #27 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: Three (3) Cases C. 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: Jose Pena v. City of Lynwood Case No. 0501187 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 E. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Sandra Rocha Employee Organization: Lynwood Employees' Association F. With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: ~,~ LIABILITY CLAIMS 1. Claimant: Jose Gonzalez Agency claimed against: City of Lynwood 2. Claimant: Martina Contreras Agency claimed against: City of Lynwood It was moved by Council Member Santillan, seconded by Mayor Pro Tem Johnson, and carried to recess to Closed Session at 12:05 a.m. Council reconvened at 1:06 a.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. No action was taken. B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: ~~ Three (1) Cases No action was taken. C. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (subdivision (a) of section 54956.9:) 1. Name of Case: Jose Pena v. City of Lynwood Case No. 0501187 The Council reached consensus (5-0) and provided further instructions to staff regarding the possible disposition of the matter. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager This item was not discussed. E. CONFERENCE WITH LABOR NEGOTIATOR ( l Agency Negotiator: Sandra Rocha '~1 Employee Organization: Lynwood Employees' Association This item was not discussed. F. LIABILITY CLAIMS 1. Claimant: Jose Gonzalez Agency claimed against: City of Lynwood The Council reached consensus (5-0) and provided further instructions to staff regarding the possible disposition of the matter. 2. Claimant: Martina Contreras Agency claimed against: City of Lynwood The Council reached consensus (5-0) and provided further instructions to 1 staff regarding the possible disposition of the matter. ADJOURNMENT Having no further discussion, it was moved by Council Member Byrd, seconded by Council Member Santillan, and carried to adjourn the regular Lynwood City Council meeting at 1:10 a.m. Le icia asquez, Mayor Andrea L. Hooper, City Clerk