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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