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Home My Public Portal AboutM 1997-04-15 - CC~ ~ ~~ LYNWOOD CITY COUNCIL, APRIL 15,1997 The City Council of the City o`f Lynwood m-Regulaz Session in the City Hall, 11330 Bullis Road, on the above date at 7:40 p.m. Mayor Richazds presiding. Councilmember Byrd, Henning, Rea and Richards answered the roll call. Also present were City Manager Gonzales, City Attorney Rudell, City Clerk Hooper and Department Heads. City Clerk Hooper announced the Agenda had been duly posted in accordance with The H o o p e r Brown Act. It was moved by Councilmember Henning, seconded by Councilmember Rea and carried H e n n i n g to approve the following minutes: - a) Regulaz Meeting, April 1, 1997 Commendations, Proclamations and Presentations were awazded to the Lynwood Boy Scouts and Scout Master Wilbur Gonzales for Eazkh Day, Leticia Vasquez of the YWCA on behalf of Sexual Assault Awareness Month, Jim Given and Rebecca Jaquez on behalf of the Community 10,000 Bone Marrow Donor Program, Gloria Buitrago of the California Code Enforcement Corporation, Bill Thomas of the Southern California Edison, Susie Jordan Moody, Hire-A-Veteran Month, and Cancer Detection Month. It was moved by Councilmember Henning, seconded by Councilmember Byrd and carried Henning Byrd to approve the aforementioned Commendations. It was then moved by Councilmember Henning, seconded by Councilmember Byrd and Henning carried to recess to the Lynwood Redevelopment Agency at 8:07 p.m. Byrd Council reconvened at 8:25 p.m. PUBLIC HEARINGS Mayor Richazds introduced the first item, State Industrial Development Bond for Staub Richard s Metals Corporation. It was moved by Councilmember Henning, seconded by Councilmember Byrd and carried H e n n i n g to open the public hearing. Byrd Hearing no discussion, it was moved by Councilmember Henning, seconded by Councihnember Byrd and carried to close the public hearing. Be~ndi ng It was then moved by Councilmember Henning, seconded by Councilmember Byrd to adopt: RESOLUTION NO. 97-43 ENTITLED: "A RESOLUTION OF THE CITY RES 97-4~ COUNCIL OF THE CITY OF LYNWUOD APPROVING THE ISSUANCE OF Staub NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF Meta 1 C o r INDUSTRIAL DEVELOPMENT REVENUE BONDS TO STAUB METALS CORPORATION (THE "PROJECT"). ROLL CALL: AYES: COUNCILMEMBER BYRD, HENNING, REA, RICHARDS -~ NOES: NONE ABSENT: NONE Mayor Richards introduced the next item, Appeal of the Planning Commission Decision Richard s on a Conditional Use Permit on Long Beach Boulevazd. It was moved by Councilmember Henning, seconded by Councilmember Byrd and carved to open the public hearing. Henning s Byrd g `~ Steven Craig 31 Morningview Drive, Irvine, CA (property owner) spoke in support of the Craig proposed Auto .Sales Lot, and submitted conditions of approval. Richards Mayor Richards accepted the proposal submitted by Mr. Craig, as part of the record. Craig Mr. Craig discussed acceptable conditions of approval. Rivas Fernando Rivas, Business Owner, spoke in favor of the appeal. Byrd Hearing no further discussion, it was moved by Councihnember Byrd, seconded by Rea Councilmember Rea and carried to close the public hearing. Henning It was then moved by Councilmember Henning, seconded by Councihnember Byrd to adopt: RES 97-44 RESOLUTION NO. 97-44 ENTITLED: "A RESOLUTION OF THE CITY Appeal of COUNCIL OF THE CITY OF LYNWOOD GRANTING THE APPEAL OF Steven L. STEVEN L. CRAIG FROM THE DECISION OF THE PLANNING Craig COMMISSION DENYING THE APPLICATION FOR CONDITIONAL USE PERMIT NO. CUP 97-02 AND VARIANCE NO. VAR 97-01". ROLL CALL: AYES: COUNCILMEMBER BYRD, HENNING, REA,-RICHARDS NOES: NONE ABSENT: NONE PUBLIC ORAL COMMUNICATIONS -AGENDA ITEMS ONLY de 1 a Torre Jose de la Torre requested the vacancy on Council be filled by appointment, and that the appointment be only until November. Greene Jim Greene requested Council call for a Special Election for the vacant seat. Walton Jack Walton 4229 Cazlin, stated the residents should have a strong voice on the replacement of Councilman Heine. Hayes Kazen Hayes requested a replacement with no political aspirations. D r . J a q u e z Dr. Sergio Jaquez stated Council has done a tremendous job, and the city has been very progressive. He is relying on the wisdom of the Council, and the Democratic process to fill the current vacancy. Brown .Mel Brown relayed his respect for the Council and feels that our elected officials aze fair minded people. Miranda Benjamin Miranda stated he believes Council will be fair in their judgment, and allow the voters to select who they want to fill the seat _. _ CONSENT CALENDAR All matters listed under the Consent Calendaz will be acted upon by one Motion affirming the action recommended on the Agenda. There will be no sepazate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for sepazate action. Henning _ Councilman Henning requested item #22, Special Permit. Henning It was then moved by Councilmember Henning, seconded by Councihnember Byrd to Byrd adopt: RESOLUTION NO. 97-45 ENTITLED: "A RESOLUTION OF THE CITY RES 97-45 COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO Sports field ALL-PRO FENCE, IN THE AMOUNT OF $74,695.00, FOR THE MERVYN fence DYMALLY CONGRESSIONAL SPORTS FIELD FENCE IN CONSTRUCTION 99 PROJECT, PROJECT NUMBER 5-5173, FISCAL YEAR 1996-97, --AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". RESOLUTION NO. 97-46 ENTITLED: "A RESOLUTION OF THE CITY RES 97-46 COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PURCHASE OF P u r c h a s e SAFETY EQUIPMENT FOR FIRE FIGHTERS AND AUTHORIZING o f S a f ey Equipment PURCHASES THROUGH INFORMAL BIDDING". RESOLUTION NO.--97-47 ENTITLED: "A RESOLUTION OF THE CITY RES 97-47 ~-• COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PURCHASE OF Purchase NEW STAFF AND COMMAND VEHICLES FOR FIRE DEPARTMENT New S to f f ADMINISTRATION AND AUTHORIZING PURCHASES THROUGH & Command Vehichles INFORMAL BIDDING". - SPECIAL PERMIT - CHARITABLE SOLICITATION FROM MICHELLE P ro j e c t SPENCE OF PROJECT GENESYS, FEBRUARY 1,1997 TO FEBRUARY 2, 2020. Genesys SPECIAL PERMIT - CHARITABLE SOLICITATION FROM MICHELLE Worl d SPENCE OF WORLD LITERACY CRUSADE. FEBRUARY 1, 1997 TO Literacy FEBRUARY 2, 2020. Crusade SPECIAL PERMIT - CHARITABLE SOLICITATION FROM FRANCISCO C h u rc h CATALA OF CHURCH SOLDIERS OF THE STATE OF CALIFORNIA. So 1 d i e rs MARCH 30,1997 TO JUNE 30,1997. SPECLAI, PERMIT.. - CHARITABLE SOLICITATION FROM JACK L. Assemble FEATHERSTONE OF ASSEMBLE OF GOD. MARCH 23,1997 TO DECEMBER of God 31,1997. INFORMATION ONLY -EXPIRATION OF TERM FOR COMMISSIONER Exp. of ~'"~"~ NANCY GILPEN ON THE PERSONNEL BOARD. ' term s ~ SECOND READING OF AN ORDINANCE: ORDINANCE NO. 1452 ENTITLED: ORD 1452 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD New res i d• AMENDING CHAPTER 25 OF THE LYNW OOD MUNICIPAL CODE TO e n t i a 1 REQUIRE TILE ROOFS AND STUCCO OR MASONRY SIDING ON NEW c on s t ru c t• RESIDENTIAL CONSTRUCTION IN THE R-1, R-2 AND R-3 RESIDENTIAL ion ZONES, ADD PET SHOPS AS A PERMITTED USE IN THE CB-1 (CONTROLLED BUSINESS) ZONE, AND .ADD AUTO REPAIR AS A PERMITTED USE IN THE C-3 (HEAVY COMMERCIAL) ZONE". • SECOND READING OF AN ORDINANCE: ORDINANCE NO. 1453 ENTITLED: "AN ORDINANCE AMENDING SECTION 12-16.6 OF CHAPTER 25 OF THE ORD 1453 LYNWOOD MUNICIPAL CODE TO PROHIBIT FENCES AND WALLS IN THE Proh i bi t FRONT YARD SETBACKS AND CERTAIN SIDE YARD SETBACKS OF fences & EXISTING AND PROPOSED RESIDL!NTIAL DEVELOPMENT OF SIX OR wal 1 s FEWER UNITS IN THE R-1, R-2 AND R-3 RESIDENTL~I. ZONES". - RESOLUTION NO. 97-48 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE RES 97-48 ~--~, DEMANDS AND WARRANTS DRAWN THEREFORE". Warrants& f ~ _ ~ ROLL CALL: AYES: COUNCILMEMBER BYRD, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Councilman Henning stated item #22, Special Permit request for a block closure from the Henni ngs Block Watch Captain and residents of 111th Street should go before the Neighborhood Services Commission. ~ ~ l) Rea Councilman Rea stated time constraints are involved with this celebration. Mayor Richards stated.. this is a good way for the newly formed Commission to get Richards started, and if need be, could call a special meeting to consider the item, prior to May 4. Rea Councilman Rea agreed to refer the item to the Neighborhood Services Commission. DISCUSSION ITEMS Declaration of Council Vacancy Consideration of Council Reorganization Options Mayor Richards stated he had received direction from the City Attorney that there is no Richard-s need to declare the vacancy, however, at this time, would like to introduce ordinances that the City Attorney had prepared for adoption, depending on the outcome of tonight's meeting. He has heard several requests from the community and residents, and at this time, would like to hear the desires of the Council. Rea Councilmember Rea stated he is in favor of scheduling a Special Election to be held in connection with the General Election in November, to fill the unexpired term. Councilmember Henning stated he is in favor of doing what's prudent and what's right Henning for the community. Also stated the City is moving forward, and is in favor of what is affordable for the City. Richards It was moved by Mayor Richards, seconded by Councihnember Henning to waive reading Henning and introduce the ordinance drafted by the City Attorney rescheduling the city's General Municipal Election to the first Tuesday, after the first Monday in November of even -- -- . years. Rude 11 City Attorney Rudell stated because the ordinance were prepared and submitted after the closing of the Agenda, at this time Council would need to consider the item as a subsequent need. It was moved by Councilmember Henning, seconded by Councilmember Byrd to consider Henning the proposed ordinance as a subsequent need item. --- _~ ROLL CALL: _ AYES: COUNCILMEMBER BYRD, HENNING, RICHARDS NOES: COUNCILMEMBER REA ABSENT: NONE Motion fails. Mayor Richards questioned whether or not the listing of the caption on the Agenda is Richards sufficient to introduce the ordinance. Rudell City Attorney Rudell stated without mak~g a finding of the subsequent need, an interpretation can be made that gives sufficient notice to the public and the councilmembers of the consideration of this caucus. But with regard to the adoption of an ordinance and Council voting on which of the alternatives, of the two alternatives, related to consolidation (one with the State Primary in June of 1998, the other with regard to the Statewide General Election in November 1998) the Council can indicate which if any of these--alternatives is the most acceptable, and adjourn this meeting to a specified date, for the first reading of the ordinance, followed by the second reading of the ordinance, and at that second reading the ordinance will become immediately effective, because it relates to an election. Richards Mayor Richards stated, it has been read into the record, that Council has considered rescheduling the General Municipal Election to be held in consolidation with the Statewide General Election held in even number years, and if need be, after due consideration, Council can bring the item back, and at this time, move on the first recommendation, and renotice the ordinance, and if this is sufficient, conduct the second reading at the next meeting. City Attorney Rudell further stated while its important, and mandated by the State statute, that the Council take action regarding the vacancy within that thirty day period, this can be placed on the regular Agenda for May with regard to consolidation, although, this may interfere with candidates that wish to run for City Council in the November election, and their beginning contribution dates. Mayor Richards made further recommendations concerning the other available alternatives. City Attorney Rudell also stated, the recommendation for consolidation can only become effective if the County Board of Supervisors approves that change of election date, and that has to be followed by the City Clerks notification to every registered voter in the city of the change of the election date. Also, since there was not a unanimous vote to consider the subsequent need item, and the ordinance was not prepared prior to the posting of the Agenda, Council must adjourn this meeting or hold a Special Meeting, for the purpose of introducing the ordinance, allow five days to lapse, and then the item can be read for a second time, adopted, and it will become effective immediately. Richards Rudell Rudell Mayor Richards stated at the conclusion of tonight's meeting, Council will determine Richard s whether or not to adjourn tonight's meeting to a specified date or to a special meeting. Mayor Richards then held discussion, with regard to the matter of appointment to the vacant seat, and whether or not there would be candidates within the community that should be considered for appointment to the seat. He sees a number of worthy candidates. that can serve the Council admirably. But, his concern is with stability and does not see how the city can achieve the level of stability, given the prospect of a mass reorganization in the Council. There are many projects that are ongoing and have been ongoing for a while that Council has worked diligently to bring about, and from that standpoint, looking within the Council, in terms of residency within the community, the person with the greatest level of residency on this Council is Mayor Pro-Tem Robert Henning, and from that standpoint, moves from the Chair, to appoint Mr. Henning to fill the unexpired term of Louis Heine. Councihnember Rea stated there is still a vacancy. Richards Rea Mayor Richards also stated if Councilmember Henning accepts, then yes, his seat will become vacant upon that appointment, and Council will have a Special Election in Richard s November to fill the new vacancy. Should Council decide to move to the even year election. Then asked for any further discussion. ROLL CALL: AYES: COUNCILMEMBER BYRD, HENI~TING, RICHARDS NOES: COUNCILMEMBER REA ABSENT: NONE Mayor Richards further stated, if it should be the -case Council follow through with the adoption and enactment of the Ordinance, changing to the General Statewide Election, Richard s then of course there will be time remaining on the newly vacated seat of Robert Henning, and we would have a Special Election for that. If the ordinance does not pass, then _ simply proceeded to November with the appointing of the Council vacancies. In his opinion, it would be a far more fair election for those persons interested. in serving on this council not to have to compete with incumbents when there would be an opportunity to fill an unexpired term, and it would be a much more true election since those persons would have a chance to compete to demonstrate-themselves. Also, it would not be the same level of interference. PUBLIC ORALS Karen Hayes recommended City Clerk Hooper run for the vacant seat. Hayes ~~ Miranda _Benjamin Miranda discussed threats made towards himself and his family. Councihnember Henning requested a thorough investigation be conducted by the Sheriffs Henning Department on Mr. Mirandas allegations. de 1 a Torre Jose de la Torre discussed complaints with street repair. B r i s to 1 Robert Bristol stated concerns with the Senior Housing Project on Martin Luther King Jr. Blvd. Horace Duncan discussed concerns with the intersections at Imperial Hwy, and Martin Duncan Luther King Jr. Blvd. Marquez Laurence Marquez 11148 Harris thanked Council for their.help in retaining the School District Superintendent. Hunter Jerrell Hunter commended the graffiti department, and discussed certain individuals that have been overlooked and should be compensated. ___ Greene Jim Greene requested clarification on Councils decision with regard to the cities upcoming election. Brown Mel Brown 5229 Beechwood stated it_ would be in the best interest of the residents to appoint to the vacant seat. Sanchez Javier Sanchez, discussed the needs of a new child care facility in the city, and requested a waiver of fees from the Council. Priest Ralph Priest requested clarification of Appointment requirements on Elections. COUNCIL ORALS Councilman Rea stated he is looking forward to the opening of the Teen Center. Also Rea discussed Lynwood Youth Baseball, and the need for more funding, and better lighting at Ham Park. Councilman Byrd discussed the upcoming Earth Day Celebration at Washington Byrd Elementary School. Also discussed water/sewer back-up problems. Henning Councilman Henning thanked the Mayor and Council on his appointment to the vacant seat, discussed our good city and good people and residents agreeing to disagree. Stated Lynwood is moving at a fast pace, and commended park improvements along Atlantic and at Martin Luther King Jr. Blvd. and Fernwood, the recycling center at Atlantic and _ Fernwood, median island improvements on Atlantic, I-105 landscaping, the senior citizen housing proposal, and thanked Dr. Jaquez for his participation as an Ambassador to the Community 10,000 program. r Richards Mayor Richards discussed progress in the City, such as the park project, and the new high school, and he appreciates staffs efforts. Discussed the appointment of Councilman Henning and the need for stability in the community. Commended the Mr. & Miss Lynwood competition, and the "Lynwood `N' Perspective. Also discussed the improved relationship between the city, the residents, and our law enforcement, and the need to deal with concerns or matters on a timely basis. Hearing no further discussion, it was moved by Councihnember Henning, seconded by Henning Councilmember Byrd and carried to adjourn at 10:18 p.m. to a Special Meeting on Thursday, April 17, 1997 at 7:30 a.m. in order to conduct a first reading of an ordinance, calling for a special election for the newly vacated seat of Councihnember Henning. P" ~~~ MAYOR PAUL H, RICHARDS, II CITY CLERK ANDREA.. OOPER t 103