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Home My Public Portal AboutM 2002-12-03 - CC ��9 LYNWOOD CITY COUNCIL REGULAR MEETING DECEMBER 3, 2002 The City Council of the City of Lynwood met in a Regular Meeting in the Council Cl�ambers, ] 1330 Bull�is Road on the above date at 6:10 p.m. � Mayor Reyes presiding. I l Councilman Byrd, Pedroza, Richards, Rodriguez and Reyes answered the joint roll call ! for all agencies. Also present were City Manager Gonzales, City Attorney Montgomery, City Clerk I Hooper and City Treasurer Pygatt. City Clerk Andrea Hooper announced that the agenda had been duly posted in j accordance with the Brown Act. , � [tem #6: COl1NCIL RLORGANI"LATION: ' Councilman Rodriguez moved to nominate Mayor Pro Tem Pedroza as Mayor. Mayor Reyes second the motion. ; , Councilman Richards moved a unity nomination of Councilman Byrd as Mayor. i Councilman Byrd second the motion. It was moved by Councilman Rodriguez, second by Councilman Byrd and carried to � close the nominations. '-', � � MAYOR NOMINATION ROLL CALL: COUNCILMAN BYRD — COUI�'CILMAN BYRD NIAYOR PRO TGM PEDR07A — MAYOR PRO TEM PEDROZA COUNCILMAN RICHARDS — COUNCILMAN BYRD COUNCILMAN RODRIGUEZ — MAYOR PRO TEM PEDROZA MAYOR REYES — MAYOR PRO TEM PEDROZA Fernando Pedroza �vas appointed as Mayor. Councilman Reyes moved to elect Councilman Rodriguez as Mayor Pro Tem. Mayor Pedroza second the motion. Councilman Richards moved to elect Councilman Byrd as Mayor Pro Tem. Councilmai� Byrd second the motion. It was moved by Councilman Rodriguez, second by Gomicilman Reyes and carried to close the nominations. .-- MAYOR PRO 1'EM NOMINAT[ON ROLL CALL� ' COUNCILMAN BYRD — COUNCILMAN BYRD ' COUNCILMAN RICHARDS — COUNCILMAN BYRD COUNCILMAN RODRIGUEZ — COUNCILMAN RODRIGUEZ � COUNCILMAN REYES — COUNCILMAN RODRIGUEZ MAYOR PEDROZA — COUNCILMAN RODRIGUEZ , Ramon Rodriguez was appointed as Mayor Pro Tem. Councilman Reyes — Thanked staff and everyone for their suppart during his term as Mayoc Stated he wi(I con[inue to support Mayor Pedroza. I � �g�� Mayor Pro Tem Rodriguez — Thanked everyone also congratulated the new Mayor and plans to work for the community. Mayor Pedroza — Stated Councilman Richards raised an important comment that there is lots of things to be done and wounds need to be mended. Item #7: PRESENTATIONS/PROCLAMATIONS: • The Council presented a Plaque to Mrs. Carmen Madrigal for her outstanding job as a Crossing Guard and for her retirement. PUBLIC ORAL COMMUNICATIONS � (Regarding Agenda Items Only) NONE PUBLIC ORAL COMMUNICATIONS Sylvia Henon — Stated on Item #15 that she would like to know who stayed in the Embassy Suite and why would the Council rent a Hotel in another City when the City of Lynwood has Hotels available for anyone to stay. Stated she is against Item #17 for the Special Permit Request on used car sales event. And also stated on Item #22 believes there is no need for the Sheriffs Department to escort the Virgin De Guadalupe Marathon to St. Emydius Church. Jack Kean — Stated that he would like for the Council members to get along for [he better of the Community. Pearlin Calderon — Welcomed the new Mayor and Mayor Pro Tem also invited the Council to the Christmas Seniors Citizen Program. Albert Jimenez — Thanked the Council for allowing the American Youth Soccer host the Christmas Candy Cane Parade. — Manny Perez — Stated he has an urgent request for the City Council would like Council to consider placing a bench near the Taxi Stops. It is very hard for the Seniors to stand for such a long time. And also congratulated the new Mayor and Mayor Pro Tem. Loraine Reed — Also congratulated the new Mayor and Mayor Pro Tem, would ]ike Council to get along. Also stated that there is still a lot of confusion with the employees getting so many different messages a lot of them think they do not having a job anymore would like for the Council to just please let these employees know what is going on believes it is just unfair for the employees. Item #9: MINUTES OF PREVIOUS MINUTES It was moved by Councilman Reyes, seconded by Mayor Pedroza and carried to continue the following minutes: • Special Meeting, October 1, 2002 • Regular Meeting, October 1, 2002 • Special meeting, October 7, 2002 • Special Meeting, October 9, 2002 • Special Meeting, October 10, 2002 — • Special meeting, October 14, 2002 • Regular Meeting, October 15, 2002 • Special Meeting, October 23, 2002 �� PUBLIC HEARING Item #10: PUBLIC HEARING — SPECIAL PERMIT REQUEST: FORTIINE TELLING, ASTROLOGY, PALMISTRY AND SIMILAR PRACTICES BOTANICO CENTRO ESPIRITUAL SAN ANTONIO (OYEN PUNTSAGDOR) — 1041 I LONG BEACH BOULEVARD It was moved by Councilman Reyes, second by Mayor Pro tem Rodriguez and carried to ^ open the Public Hearing. Oyan Puntsagdor — Explained to the Ciry Council that she would like to know why is the , City taking so long in regards to her Special Permit request when she turned in her application ten months ago and has proceeded with all of the City's requirements, is very disappointed with the City's procedures. Would like for the Council to consider her request. Jack Kean — Stated he would like for the Ciry Council to proceed in a more. accurate manner and not keep business people waiting it is unfair. lt was moved by Councilman I2eyes, second by Mayor pro Tem Pedroza and carried to � close the Public Hearing. Councilman Reyes — Stated he is against the Botanico Centrol Gspiritual San Antonio. Mayor Pedroza — Stated he would like to know [he reasons of the delay. Senior Planner Grant Taylor — Explained to the Council that it requires special permits, and you still have to walk it through to the Business License Division, Planning Divisio�, " E3uilding and Safety Division and the Fire Department. ' Mayor Pro Tem Rodriguez — Gxplained that there has also been a delay on this Item because the Council has continued this [tem. Councilman Reyes — Explained that he is very concern for the residents, stated that there are to many people who are taken advantage of these situations. Stated he would like to make a motion to deny the Special permit for the Botanico San Antonio. Died for a lack of a second. , � Mavor Pro Tem Rodriguez — Stated he has no problem with the Botanico San Antonio. He would like to make a substitute motion to approve the Special Permit for the Botanico San Antonio. Mayor Pedroza second the motion to approve the Special Permit for the Botanico San Antonio. ROLL CALL: � AYES: COUNCILMEN RODRIGUEZ, PEDROZA . NOES: COUNCILMEN REYES, RICHARDS ABSTAIN: COUNCILMAN BYRD ABSENT: NONE `� • Councilman Richards — Stated he would like to continue this Item until we have further � � information and we have reviewed it thoroughly believes the public deserves it. Nlayor pro Tem Rodriguez second the motion. Mayor Pedroza - Stated he agrees with the continuation of this Item. � Councilman Reyes — Stated he does object to the motion, believes the motion was not a proper motion and there is no reason to continue this Item. I I �9� City Attorney Montgomery — Explained to the Council that the applicants would have to reapply. Councilman Richards — Stated there should be no reason for the applicant's to reapply. Council did not take any action Council just continued the Item there has not been an affirmative vote to approve the Special Permit nor did the Council approve to deny the Special Permit the Council needs to be fair to all the Businesses. Mayor Pro Tem Rodriguez — Stated that he would like for staff to look into the other businesses they own and verify if they have been in compliance with the City's regulations and then we can proceed from there. Councilman Richards — Stated he would like to reconsider this matter at a later time once � the Council receives more information pertaining to the Botanico San Antonio, would also like to have some research done conceming similar establishments in neighbor communities. ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, RODRIGUEZ, PEDROZA NOES: COUNCILMAN REYES 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 be removed from the Consent Calendar for separate action. It was moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez to approve the following Ordinance and Resolutions: [tem #11: AUTHORIZATION FOR SUBMITTAL OF EPA BROWNFIELDS ASSESSMENT GRANT The Brownfields Revitalization Act was signed into Law on January 11, 2002 and authorizing new and improved federal Bronwfields Grant Programs. The new legislation provides that eligible entities may apply for grants through the Environmental Protection Agency (EPA) and that grant recipients will be selected on a competitive basis using a two-step proposal selection process. RESOLUTION NO. 2002.174 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL FOR THE ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT GRANT AND TO EXECUTE ALL DOCUMENTS RELATIVE TO THIS GRANT. Item #12: INDEPENDENT CITIES LEASE FINANCE AUTHORITY JOINT POWERS AGREEMENT AMENDMENT "Che City of Lynwood is one of eight founding cities of the Independent Cities Lease Finance Authority (ICLFA) was created for issuing bonds to fund city capital projects, equipment purchases, and home mortgage programs and to provide down payment and dosing cost assistance to qualified homebuyers. -- RESOLUTION NO. 2002.175 ENTITLED: A RESOLUTION OF THE CITX COUNCIL OF THE CITY OF LYNWOOD APPROVING AMENDMENT NO. 3 TO JOINT POWERS AGREEMENT CREATING THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THEREOF. �� [tem #13: AMENDMENT TO THE CLASS[FICATION PLAN FOR THE POSITION OF DIRECTOR OF NEIGHBORHOOD PRESERVATION The Fiscal Year 2002-2003 budget includes the position of Director of neigil6orhood Preservation. The Ciry Councif approved the classification statement at their November 5. 2002 tmder Resolution 2002.162. However, upon further review of the job statement, it was determined the qualification requirements should be amended. r RESOLUTION NO. 2002 l76 ENTITLED• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD , AMENDING THE CLASSIFICATION STATEMENT FOR THE POSITION OF DIRECTOR OF NEIGHBORHO011 PRESERVATION AS PREVIOUSLY ADOPTEU UNDER RESOLUTION 2002.162. [tem #14: AMENDING ORDINANC� #1494: ESTABLISHING RULES & REGULATIONS FOR PUBLIC SKATG PARK FACILITIES ORllINANCE FIRST READING ENTITLED• � AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF LYNWOOU, � CALIFORNIA AMENDING CHAPTER 3-24.3 OF THE LYN�WOOD MUNICIPAL C011G RE-ESTABLISHING RULES AND REGULATIONS FOR PUBLIC SKATE PARK FAC[LITIES TO DFLETE/[NCLUDE THE REVISION OF HOURS OF OPERATION. [tem #1�: APPROVAL OF'1'HE WARRANT REGISTER �_ ' � RESOLUTiON NO. 2002.177 ENTITLED• � A RGSOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THG DEMANDS AND WARRANTS THEREFORE. �� ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ' ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEM Item #16: MAYORAL APPOIi��TMEN"T OF DELEGATES AND ALTERNATES � TO VARIOUS MUNICIPAL ORGANI7_ATION AND COMMITTEES �I�here are various government organizations that involve representation of government officers. Currently, members of the City Council and staff serve on these various � organizations. In the past, after receiving comments from the rest of the Council � members, the Mayor makes the appointments to these organizatio�is. Due to the Council � and staffing cl�anges, the Iist of appoint�nents needs to be updated periodically. � It was moved by Mayor Pedroza, second by Councilman Richards and carried to conCinue this Item to the next Regular Scheduled Council Meeting. � [tem #17: SPEC[AL PERMIT REQUEST: USED CAR SALES EVENT DECEMBEK 6'�' 7'HROUGH DECEMBER 8`�' PRIORtTY MARKE"I'ING & PROMOTIONS (JOI-IN LUCAS) — 3831 MARTIN LUTHER KING JR. BOULEVARD To have the City Council consider a special permit request by .lohn Lucas of Priority Marketing & Promotions to conduct a weekend used car s11es event beginning Friday, December 6`�' and ending Sunday,'December 8 at the Superior Warehouse parking Iot located at 3831 Martin Luther King Jr. Boulevard in the G2 (Light Commercial) Zone. �o �- Mayor Pro Tem Rodriguez — Stated he does not believe in Used Car Sales, is against the Special Permit for Used Car Sales Event. Councilman Reyes — Stated he is also against the Special Permit Request, explained that the Dealership belongs to the City of Long Beach so all sales taxes are going to the City of Long Beach and it is not fair to the community. � It was moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez to deny the �i Special Permit for Used Car Sales Event. Councilman Richards — Stated he would like to make an amended motion to approve the Special Permit subject ro the conditions just outlined by the City Attorney. —" Councilman Byrd — Second the amended motion. AMENDED MOTION ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS NOES: COUNCILMEN REYES, RODRIGUEZ, PEDROZA ABSTAIN: NONE ABSENT: NONE ORIGINAL MOTION ROLL CALL: AYES: COUNCILMEN REYES, RODRIGUEZ, PEDROZA NOES: COUNCILMAN BYRD ABSTAIN: COUNCILMAN RICHARDS ABSENT: NONE � Mayor Pedroza — Moved to approve all of the following Special Permits from Item #18 thru Item #21 with the approva] of Option #3: Approve street closure with conditions and waive street closure fees. , Councilman Reyes — Second the motion. _, [tem #18: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE ON BANNING AVENUE AND LINDBERGH AVENUE: CHRISTMAS POSADA BLOCK CELEBRATION. Item #19: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE ON FLOWER STREET: CHRISTMAS POSADA BLOCK CELEBRATION. Item #20: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE ON LUGO AVENUE: CHRISTMAS POSADA BLOCK CELEBRATION. Item #21: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE ON OLANDA STREET: CHRISTMAS POSADA BLOCK CELEBRATION. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Councilman Reyes — Moved to direct the City Manager to allocate the necessary funds —' for all of the Posadas requests. It was second by Mayor Pedroza. ��o � � ROLL CALL: . AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA � NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #22: MARATHON DGDICA7'ED TO THE VIRGIN DE GUADALUPE � Staff has received a letter from Pastor Emigdio Herrera of St. Gmydius Church inviting the Lyn��ood City Council to participate in the Marathon dedicated to the Virgin De Guadalupe to be held on December 12, 2002. Pastar Herrera also requested the City's assistance in providing a security for the event. [t N�as moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez to approve the Marathon dedicated to the Virgin De Guadalupe with.the proper security that would be needed, pending a meeting between the Parking Enforcement and Lieutenant Tellez. ROLL CALL: AYES: COUNCILMEN BYRU, REYES, RICHARDS, RODRIGEUZ, PEDROZA \'OES: NONE ABSTA[N: NONE � ABSENT: NONE � Ciry Attorney Montgomery — Amiounced to the Council members a Subsequent Need Item: Pertaining to Traffic and Safety between Lindbergh Avenue and Flower Street. It was moved by Councilman Byrd, second by Mayor Pro Tem Rodriguez to hear the ^, Subsequent Need Item , ROLL CALL: AYES: COUNC[LMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA , NOES: NONE ABSTAIN: NONE ABSENT: NONE Director of Environmental Services Joe Wang — Explained to the Council the urgency need of providing two speed bumps between Lindbergh Avenue and Flower Street We do recommend that Council reconsider. Mayor Pedroza — Explained to the Council that this is called for drastic measures and emergency measures at this point a�d as Cou�cid we have to set our rules. � [t was moved by Councilman Reyes, second by Mayor Pedroza to approve the two speed bumps at the location between Lindbergh Avenue and Flower Street. Councilman Byrd — Stated he would like to upgrade the allocation for emergencies. � , Councilman Reyes — Explained to the Mayor that he does not think that allocating thirty ' thousand dollars is reasonable. Mayor Pedroza — Stated he would like to make a substitute motio❑ to allocate thirty thousand based on a procedure set by Director of Environmental Services .1oe Wang as to all the alternatives that first have to be exhausted and then if tliey do not work then we � provide the speed bumps. Councilman Richards — Second the motion. �o� SUBSTITUTE MOTION ROLL CALL• AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNC[LMEN REYES, RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Mayor Pro Tem Rodriguez — Announced to the Councilmembers a flyer that has been passed out to the Council in regards to a donation for children who are very ill so they can have Christmas at home. City Attorney Montgomery — Explained to the Council that this is a Subsequent Need Item. _ It was moved by Councilman Reyes, second by Mayor Pedroza to hear the Subsequent Need Item. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Councilman Byrd — Explained to the Council that it would be nice if the Councilmembers help donate money to help the ill children buy toys or books for Christmas. [t was moved by Councilman Byrd, second by Mayor Pedroza to donate $500.00 dollars. KOLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE i ABSTAIN: NONE � ABSENT: NONE ` City Manager Gonzales — Explained to the Council a Subsequent Need Item: PeRaining to an Infrastructure Rehabilitation Grant that the City needs to apply as soon as possible. It was moved by Councilman Richards, second by Mayor Pro Tem Rodriguez to hear the Subsequent Need Item. ROLL CALL: AYES: COUNCILMEN BYRll, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Councilman Richards, second by Councilman Reyes to approve the Infrastructure Rehabilitation Grant Application. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: IVONE _ ABSTAIN: NONE ABSENT: NONE City Attorney Montgomery — Stated to the Council that he would like to add a Subsequent Need Item under Closed Session Item #C: Pertaining to the case of City of Lynwood v. Waste Management and also a new Item under Item #D: Pertaining to the case of City of Lynwood v. AGS. � �og , [t was moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez to approve the Subsequent Need Items for Close Session. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICIIARDS, RODRIGUEZ, NEDROZA NOES: NONE ABSTAIN: NONE _ ABSENT: NONE �_" , � CI7'Y COUNCIL 012ALS AND WRITTEN COMMUNICATIONS Councilman Byrd — Stated the Co�mci] should be a supportive group for the community, ' the Citizens of our City voted for us and we have a commitment with the Citizens of � � Lynwood. � ' Councilman Reyes — Thanked� the Council and the City Staff for their support. Also thanked the community for their support. Stated that staff needs to look into the Parking Meters the time frame needs to be extended. Stated that there is also still some cruising problems down Long Beach Boulevard would like for staff to look into it. Hopes to see ; e� eryone at the Marathon dedication for the Virgin De Guadalupe. Councilman Richards — Congratulated the new Mayor and Mayor Pro Tem. Stated that the Council needs to be on the same page to help communicate with each other. � Mayor Pro Tem Rodriguez — Congratulated Councilman Reyes for his outstanding job this past year also congratulated the new Mayor. Comme�ted on the Sheriffs outstanding job. Stated thlt the Councilmembcrs should put our efforts for betterment of our community. r� f � Mayor Pedroza — Stated that it is a great honor being the Mayor. Also thanked Councilman Reyes for his outstanding job as Mayor and congratulated Mayor Pro Tem Rodriguez. 1 am looking forw�ard for lo['s of new improvements and lot's of hard work, [ would also like to request the help of my colleagues in helping me improve our community. � CLOSED SESSION Item #23: CLOSED SESSION ITGMS: A• Conf'erence with Labor Negotiatur B. Firschein v. City of Lynwood � C. Review Waste Proposal D. Subsequent Need Item: AGS v. City of Lynwood ]t was moved by Cotmcilman Reyes, seconded by Mayor Pro Tem Rodriguez and carried ��--. to recess to Ciosed Session at 8:30 p.m. , Council reconvened at 10:10 p.m. City Attorney Montgomery stated that Council met on the aforementioned matters and stated on: A. Continued B. Firschein v. City of Lynwood —No reportable action � �9��' C• Review Waste Proposal — No reportable action D• Subsequent Need Item: AGS v. City of Lynwood — No reportable action ADJOURNMENT Hearing no further discussion, it was moved by Councilman Reyes, seconded by Mayor Pro Tem Rodriguez and carried to adjourn the Regular Council Meeting at 10:10 p.m. i � _ F nando Pedroza, M or �,�- �- ,��-,�-� Andrea L. Hooper, City Clerk i I �