HomeMy Public PortalAboutM2004-05-04-CCLYNWOOD CITY COUNCIL
REGULAR MEETING
MAY 4, 2004
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 8:OSp.m.
Mayor Byrd presiding.
Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll call.
Also present were City Manager Hempe, 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:
NONE
Item #7: COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY
LYNWOOD INFORMATION INC.
LYNWOOD PUBLIC FINANCE AUTHORITY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Sylvia Herron - 3576 Beechwood Ave. Spoke Against Item #17 Special Permit Fortune
~, telling, tarot reading, palm reading and psychic reading. Spoke Against Item # 18 St.
Emydius, requesting a permit to conduct a festival on the Parish property, or approve it
_ only if St. Emydius pay for their own security, and all city fees. Spoke against Item # 19
Fireworks Ordinance would like a total ban on fireworks in the City. Also she would like
council to explain limited circumstances. Spoke against Item #20 Proposal to Collaborate
on Programs for the Community.
Irene Garcia -Spoke Against Item #14 warrant Registers, warrant # 121734 Kappa Alpha
PSI Fraternity. Spoke Against Item #17 Special Permit to conduct fortune telling. Spoke
Against Item #18 Permit to conduct a festival for St. Emydius Parish. Spoke Against Item
#19 Fireworks Ordinance would like a total ban on fireworks in the City. Spoke Against
Item #20 Truevine Outreach facility.
Sal Alatone 3185 Oakwood Ave -Spoke against Item #19 Fireworks Ordinance would
like a total ban of fireworks in the City.
Paulette Bradley 3992 Platt Ave -Spoke against Item #19 Fireworks Ordinance would
like a total ban of fireworks in the City. Thanked Mrs. Hooper, the Fire Department and
the Sheriff Department for caring for the community.
Rodney White 4608 Carlin Ave -Spoke against Item # 19 Fireworks Ordinance would
like a total ban of fireworks in the City.
PUBLIC ORAL COMMUNICATIONS
Joseph Garcia 3526 Euclid Ave -Spoke about the potholes on his street and the need for
the holes to be fixed. He also has a complaint that there is no parking on his street.
Frank Calderon 4010 Josephine St. -Spoke about the crime in the community.
Sylvia Herron 3576 Beechwood Ave. -Spoke on Ms. & Mr. Lynwood Pageant that it
was ashamed that the Elected Officials did not attend, with the exception of the City
Clerk who did attend.
Irene Garcia 2737 E. 111'. Street -Spoke on the selling of illegal fruit on the corner of
Abbott Rd and Otis St. Also stores putting Furniture on the sidewalks for sale.
Jack Keane - Made a statement that the community is saturated with corruption.
Felix Motto 2935 Imperial Highway -Would like council to grant him the special permit
for his Botanica.
Rick- Bergen 4009 Shirley Ave- Illegal gas powered scooters going up and down on the
sidewalks and streets. Also there is heavy traffic going down his street on Beechwood
Ave. and is concern for the children's safety.
Angela Morales - Sponsoring an event at Plaza Mexico and is extending an invitation to
the Council.
Gina Hattenbach is speaking for Lynwood Car Wash 12606 Long Beach Blvd. as an
Attorney representing business on Long Beach Blvd. and would like a date from Council
on when the construction is going to be done. The businesses in the area are being
affected.
Ricky Barfield - Is representing a small business on Long Beach Blvd. He would like to
know when and how much are they are going to be compensated from Council. Also
what is the city going to do for them.
Rosendo 12520 Long Beach Blvd. - Has a complaint on the construction on Long Beach
Blvd. It was supposed to be done in April, but construction is still going on and his and
other businesses are being affected by construction. They desperately need assistance
from the City. Also wants to know what is the new date that the construction is to be
done.
Sal Alatorre 3185 Oakwood Ave -Was pleased to see the job announcement in the water
bill.
Geramio Rocha from the City of Colima Mexico is a representative and would like to
extend an invitation to the government of Lynwood in a Sister City partnership between
the two Cities.
Adolph Lopez 11431 Plum St.- Wanted to complement on the great job on Celebrating
day of the Child. Also he is for the banning of Illegal fireworks.
Joaquin Mecinas 3107 Euclid Ave.- Noticed on the Warrant Register a check in the
amount of $8,400.00 for Raul's Towing, so far the City has paid this man a total of
$138,000.00 Council needs to look into this.
Mayor Pro-Tem Vasquez -Stated for the record that the newspaper article inaccurately
reported on how Council voted that evening. The vote was a 4 to 1 with Mayor Pro Tenn
Vasquez, being the only one who voted to reduce the amount and in fact feels, that if the
City didn't pay before for the services, why should we have to pay for them now.
Georgina McKinney 3964 Palm Ave -Wanted the Council to now that it looks like the
City is catering to one Ethnic group. Would not like to: het lost in the turn over and would
like to see more people like herself.
Pearline Calderon 4010 Josephine St. -Thanked council for conducting themselves in a
professional manner. However the employees of the city need to understand they are
public servants of this city and to respect the residents of this city. She continued to state
she saw an eighty five year old women being disrespected. Wants Council to have a
workshop for all personal on how to relate with the community, and was very
disappointed that the mayor told one of the residents she had only thirty seconds left to
speak.
Mayor Byrd -Stated to Mrs. Calderon she had only thirty seconds more.
Pearline Calderon 4010 Josephine St- She continued to state they are speaking on what
they see is going on in the city.
Mayor Byrd- Stated that Mrs. Calderon thirty seconds was up he thanked her and asked
her to step down.
Pearline Calderon 4010 Josephine St- refused to step down and continued to address the
Mayor that he is a violator.
Mayor Byrd- responded that Mrs. Calderon was out of order. And ask for the Sheriff to
remove Mrs. Calderon from the podium.
Pearline Calderon 4010 Josephine St- Stated to Mayor Byrd to come and take her, she
had a right to speak to come and arrest her.
Mayor Byrd- responded that no he wanted her to take a seat.
Pearline Calderon 4010 Josephine St- Stated that she was not going to take her seat. The
sheriff deputy asked Mrs. Calderon to leave the podium.
Mayor Byrd- Stated to Mr. White that he had one minute.
Rodney White 4608 Carlin Ave - Responded as to why only one minute.
Mayor Byrd-Stated he had spoke on other items and used up his time.
Rodney White 4608 Carlin Ave -Responded that he feels the mayor is not doing the
right thing at the council meeting. And wants his full three minutes.
Mayor Byrd- Intemzpted Mr. White and called fora 5 Minutes recess.
Council reconvened at 9:00 p.m.
Mayor Byrd- Commented that not one person put him in office it was the whole city. He
is in office trying to make a difference in the city, the city is progressing and it will
continue to do so. Also on this Council there have been more five- 0 votes now then any
other past council, because people are working together. But now we have some people
who think their more then what they are. We are all here to make a difference. We have
over sixty to seventy thousand people in this city and they think they speak for them.
They do not speak for them they don't speak for anybody. We where elected by the
people at large. They put us here and they will take us out, not ten or fifteen people and
not by these people who want to run everything.
Item #8: MINUTES OF PREVIOUS MEETINGS:
It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to
approve the following Minutes.
• Regular Meeting, March 16, 2004
• Special Meeting, March 17, 2004
• Special Meeting, March 22, 2004
• Regular Meeting April 6, 2004
• Special meeting, Apri16, 2004
ROLL CALL:
AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARING
Item #9: CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY REVENUE BONDS FOR DAUGHTERS OF CHARITY
HEALTH SYSTEM AND ST.FRANCIS MEDICAL CENTER IN
LYNWOOD
It was moved by Councilman Rodriguez, seconded by Councilman Pedroza and carried
to open the Public Hearing.
Hearing no response
It was moved by Councilwoman Santillan, seconded by Mayor Pro-Tem Vasquez and
carried to close the Public Hearing. .,
It was moved by Councilmen Pedroza, second by Mayor Byrd to adopt the following
Resolution.
RESOLUTION N0.2004.065
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING ATAX-EXEMPT BOND FINANCING TO BE ISSUED BY THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
TO BENEFIT DAUGHTERS OF CHARITY HEALTH SYSTEM AND CERTAIN
AFFILIATES".
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #10: ZONING ORDINANCE AMENDMENT N0.2004-01
It was moved by Council Pedroza, seconded by Mayor Byrd and carried to open Public
Hearing.
City Manager Hempe -Asked council if she could have Special Assistant/Development
Taylor give a quick over view of this Ordinance.
Grant Taylor -For council to consider mix uses of commercial and residential. A
residential development in a commercial zone subject to a condition use permit and
development standards. The Ordinance before you, on the staff report on last of page 2
and page 3 it identifies the subsection to the Ordinance. What it does it recommends on
adding section 25-37 to the local Municipal Codes.
It was moved by Councilman Pedroza, second By Councilwoman Santillan and carried to
close Public Hearing.
It was moved by Councilman Pedroza, second by Mayor Byrd and introduce for first
reading the attached ordinance approving Zoning Ordinance Amendment No. 2004-01.
City Clerk Hooper read the ordinance by title only.
ORDINANCE FIRST READING ENTITLED:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING ZONING ORDINANCE AMENDMENT NO. 2004.01, ADDING
SECTION 25-37 TO THE LYNWOOD MUNICIPAL CODE TO PERMIT MIXED
USE DEVELOPMENTS CONSISTING OF COMMERCIAL USES ON THE
GROUND FLOOR AND RESIDENTIAL DEVELOPMENT ON USPPER
FLOORS SUBJECT TO A CONDITIONAL USE PERMIT, DEVELOPMENT
STANDARDS AND DESIGN REVIEW."
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: 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.
Mayor Pro-Tem Vasquez pulled Item #16
Councilwoman Santillan pulled Item #14
Councilman Pedroza pulled Item # 13
It was moved by Councilman Rodriguez, seconded by Mayor Byrd to adopt the following
Resolutions and approve Older Americans Recognition Day.
Item # 11: AMENDMENT TO THE CITY OF LYNWOOD'S INVESTMENT
POLICY
RESOLUTION N0.2004.066
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLYNWOOD
APPROVING AN AMENDMENT TO THE INVESTMENT POLICY ALLOWING
THE CITY TREASURER TO INVEST THE $31.9 MILLION HAM PARK
REPLACEMENT FUNDS UP TO A PERIOD OF THREE YEARS:
Item #12: OLDER AMERICANS RECOGNITION DAY LUNCHEON AWARDS
CEREMONY
Authorize the nomination Mr. Art Raddle as the City of Lynwood's 2004
Honoree.
1. Grant permission for a delegation to include the honoree his family,
City of Lynwood Dignitaries as well City staff to attend the Older
Americans Luncheon Awards Ceremony on May 26, 2004.
2. Allow staff to make the necessary arrangements to secure seating for
the Honoree and delegation of nineteen (19) persons representing the
City of Lynwood.
Item #15: THE 2002 RESOURCES BOND ACT ROBERTI-Z'BERG-HARRIS
GRANT PROGRAM
RESOLUTION N0.2004.069
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
BROBERTI-Z'BERG-HARRIS GRANT PROGRAM UNDER THE SAFE
NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2002.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #13: PARKING & BUSINESS IMPROVEMENT DISTRICT PUBLIC
HEARING
2. For the City Council to approve the Scheduling of Public Hearing for
the regularly scheduled City Council meeting of Tuesday, June 15,
2004 at 6:00 p.m. via the adoption of the above noted attached
resolution to receive input from the public relative to this matter.
It was moved Councilmen Pedroza, second by Mayor Byrd to Schedule a public hearing
for the regular scheduled City Council meeting of June 15, 2004 and adopt the following
Resolution.
RESOLUTION N0.2004.067
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
DECLARING ITS INTENTION ~ TO LEVY A CHARGE (ASSESSMENT)
AGAINST BUSINESS ENTERPRISES IN THE LYNWOOD PARKING AND
BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2004-2005"
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #14: APPROVAL OF THE WARRANT REGISTERS
Councilwomen Santillan questioned warrant #1217344 of $750.00 for KAPPA ALPHA
PSI, would like to know for what was it.
Mayor Pro-Tem Vasquez responded that it is a collage organization they provide services
to many different communities.
Councilman Rodriguez questioned that why would the city give them a check for that
excessive amount.
Mayor Byrd responded that it was for a fundraiser to help them to keep the cost down so
they can continue with the organization.
It was moved by Councilwoman Santillan, seconded by Councilman Rodriguez to adopt
the following Resolution.
RESOLUTION N0.2004.068
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
CALIFORNIA ALLOWING AND APPROVING THE DEMANDS- AND
ORDERING WARRANTS THEREFORE.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #16: SECOND READING OF ORDINANCE-AMENDING SECTION 9-6 OF
THE LYNWOOD MUNICIPAL CODE RELATING TO RECYCLING
AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND
DEMOLITION
Mayor Pro-Tem Vasquez stated that council should pull this item off the agenda for the
reason being that Consolidated Waste will not pick up the trash at these sights it would be
another subcontractor.
City Manager Hempe responded that this ordinance is on the agenda for a second reading
meaning that the first reading was already passed by council.
Mayor Pro-Tem Vasquez stated that this ordinance did not have this portion to it, and that
this was added.
City Manager Hempe questioned Director of Environmental Services/Engineer Farhadi if
this was an amendment to the ordinance.
Director of Environmental Services/Engineer Farhadi responded that this is an original,
that there was no amendment to it.
City Clerk Ms. Hooper stated that staff provides a copy of exactly what was given to
Council for the first reading.
Mayor Pro-Tem Vasquez stated that she wanted to go ahead and pull the item, because
this is not going to help the city in meeting with the criterion that needs to be met.
City Manager Hemp questioned if the ordinance needs to be stricter.
Mayor Pro-Tem Vasquez stated that she would like to see if Consolidated Waste is
responsible for picking up the trash at these locations.
It was moved by Mayor Pro-Tem Vasquez, seconded by Councilman Rodriguez to pull
the ordinance and to bring it back for the next agenda with the corrections.
DISCUSSION ITEMS
Item #17: SPECIAL PERMIT - 2935 IMPERIAL HIGHWAY
To conduct Fortune Telling activities to include Tarot Reading, Palm Reading and
Psychic readings.
It was moved by Councilwomen Santillan, second by Councilman Pedroza to deny the
Special Permit request.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #18: REQUEST FROM ST. EMYDIUS PARICH TO CONDUCT A
FESTIVAL ON THE PROPERTY FRIDAY-SUNDAY, MAY 21- 23,
2004
It was moved by Councilman Pedroza, second by Councilwoman Santillan to approve the
request with conditions.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #19: AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT
CODE SECTION 36937 OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD REPEALING SECTION 12-2 OF THE LYNWOOD
MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING ANEW
SECTION 12-2 FOR THE PURPOSE OF BANNING POSSESSION,
SALE USE AND DISCHARGE OF FIREWORKS IN THE CITY OF
LYNWOOD EXCEPT UNDER LIMITED CIRCUMSTANCES
INVOLVING SAFE AND SANE FIREWORKS
It was moved by Councilman Pedroza, second by Mayor Byrd to adopt the following
Urgency Ordinance.
ORDINANCE NO. 1548 ENTITLED:
AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE
SECTION 36937 OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REPEALING SECTION 12-2 OF THE LYNWOOD MUNICIPAL CODE IN ITS
ENTIRETY AND ADOPTING A NEW SECTION 12-2 FOR THE PURPOSE OF
BANNING POSSESSION, SALE USE AND DISCHARGE OF FIREWORKS IN
THE CITY OF LYNWOOD EXCEPT UNDER LIMITED CIRCUMSTANCES
INVOLVING SAFE AND SANE FIREWORKS.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item #20: PROPOSAL TO COLLABORATE ON PROGRAMS FOR THE
COMMUNITY
It was moved by Councilman Pedorza, second by Mayor Byrd to authorize staff to
negotiate a Memorandum of Understanding with Truevine Outreach and to bring back for
the City Council's consideration and approval.
ROLL CALL:
AYES: CONCILMEN PEDROZA, RODRIGUEZ, SANTILLAN,
VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Councilman Pedroza stated he would like to remind the staff and City Manager about a
request for some information he had made earlier such as the bus stop that was not on the
Agenda tonight. Also the housing and business rehabilitation that he was told it was put
on hold by the City Manager. He would like a clear understanding from the City Manager
on what is happening.
Councilman Rodriguez stated that he likes what he sees around the City. Have had good
responses from the community on how the city looks. Questioned City Manager why the
Long Beach project is not finished.
Councilwoman Santillan stated that council does not need four deputies at the meetings,
with only two deputies should be enough. Also likes the idea of the paperless Agenda.
Mayor Pro-Tem Vasquez stated that she would like the complaints person to attend the
council meetings. Also would like to know if we have a penalty clause on public works
so if a project were not completed on time they would be fined, and wants to know if
there is a code on illegal scooters.
Mayor Byrd would also like to know if there is a penalty clause on work that is not done
on time. We have to do something about the parking problems in the City.
CLOSED SESSION
City Attorney Beltran stated, with respect to every item of business to be discussed in
Joint Close Session Pursuant to Section 54956.9:
It was moved by Councilman Pedroza, second by Councilman Rodriguez and carried to
recess the Joint Close Session at 9:50 p.m.
Council reconvened at 12:40 a.m.
Item #21: CLOSED SESSION ITEMS:
City Attorney Beltran stated that Council met on the aforementioned matters and stated
on:
A. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Gail L. Black
B.
Employee Organization: Lynwood Employees' Association
Lynwood Management Group
This matter will be carried over to a Special Meeting on Monday 10,
2004 afternoon.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED
LITIGATION -THREE (3) CASES
Cover in the Special Meeting at 5:00 p.m.
C. 1. Thomas v. City of Lynwood
2. Laverne Jackson and Jackson & Associates v. City of Lynwood
Council reached a consensus with Mayor Byrd not being part of the
consensus. The other four Councilmember provided further
instruction regarding the handling on this matter.
ADJOURNMENT
~ Having no further discussion, it was moved by Councilman Rodriguez, second by
~ Councilman Pedroza and carried to adjourn the Regular Council Meeting at 12:50 a.m. in
Memory of Raymond Garcia, Kristin Bennett, and Heather Bennett
n
r
Lo is Byrd, May Andrea L. Hooper, City Clerk