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Home My Public Portal AboutM 1994-01-10 - CCLYNWOOD CITY COUNCIL, JANUARY 18, 1994 The City Council of the City of Lynwood met in a Regular Session in the City Hall, 11330 Bullis Road on the above date at 7:32 p.m. Mayor Richards in the Chair. Councilmembers Byrd, Heine, Henning, Rea and Richards answered the roll call. Also present were City Manager Gonzales, Interim City Attorney Rudell and City Clerk Hooper. ~~ City Clerk Hooper announced the agenda had been duly posted in accordance with The Brown Act. Following the invocation by Pastor Hopkins of the True Vine Missionary Baptist Church, Mayor Richards instructed the City Manager to work with Pastor Hopkins towards reactivating a Clergy Advisory Council. It was then moved by Councilmember Heine, seconded by Councilmember Rea and carried to approve the following minutes: a) Regular Meeting, January 4, 1994 It was then moved by Councilmember Byrd, seconded by Councilmember Henning and carried to recess to the Lynwood Redevelopment Agency at 7:36 p.m. Council reconvened at 8:08 p.m. 09 PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY Arturo Reyes-11149 Carson Dr., spoke regarding the P.E. Statioryl.Reyes and stated residents recognize it for its historical value. P.E. Feels there should be no name change and Council can use these station funds in more beneficial ways, such as scholarships. r Melanie Andrews, representative of Lynwood on the Compton M.Andre Community College Board was introduced and spoke on her~mpton involvement and regarding off campus classes at the High School. College PUBLIC HEARINGS Mayor Richards introduced the first Public Hearing, Weed Richard Abatement of Lot 6 of the J.J. Bullis Tract on Carlin Avenue. Abateme: It was moved by Councilmember Heine, seconded by Councilmember Byrd and carried to open the Public Hearing. Hearing no discussion, it was moved by Councilmember Byrd, seconded by Councilmember Heine and carried to Close the Public Hearing. It was then moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: RESOLUTION NO. 94--11 ENTITLED: '"A RESOLUTION PASSING UPONRES.94-1. OBJECTION AND DIRECTING THE DIRECTOR OF FACILITIES MAINTENANCE TOAbate the ABATE THE NUISANCE OF DRY AD DRYING WEEKS THAT EXIST ON A POTIONNuisance OF LOT 6 OF THE J.J. BULLIS TRACT IN THE CITY OF LYNWOOD". r ROLL CALL• AYES: •COUNCILMEMBER BYRD, NOES: NONE ABSENT: NONE HEINE, HENNING, REA, RICHARDS Mayor Richards then introduced the next item on the agendaA.Reyes relative to the Establishment of Parking Penalties. Parking It was moved by Councilmember Byrd, seconded by Councilmember Rea and carried to open the Public Hearing. 1 ~o ~ M.Brown Mel Brown questioned AB408 and whether or not Council is raising fines. B.Lewis Bill Lewis-2708 E. 110th St. questioned what changes are being Tractor made if any. Suggested raising fines on tractor trailers and Trailors businesses that are taking advantage of city streets. Hearing no further discussion, it was moved by Councilmember Henning, seconded by Councilmember Rea and carried to close the Public Hearing. Richards Mayor Richards questioned which fines are being altered. Community Development Director stated there would be seven (7) changes, derived from surveys of surrounding cities. Henning Councilmember Henning stated he would like to see additional Parking changes made at this time, including line item #83 regarding Trail.ors parking trailers on city streets without a tractor, line item #61 Commercial restriction on the use of streets by commercial vehicles, and DMV Vechicles hold charge. Rea Councilmember Rea questioned under LMC code is the state subject to a portion of the fees Director of Community Development stated this is a method the state uses to fund the process for maintaining the courts. Heine Councilmember Heine stated he would like to see changes on line 3ahdicapped item #37, blocking handicapped spaces, item #46, abandoned spaces vehicles, #66 repairing vehicles on the street, #74 no parking ~bondoned, riahere prohibited generally, #76 no parking on private property tepairing and #77 pushcarts. ~echiles It was then moved by Councilmember Heine, seconded by Councilmember Rea to adopt: RES.94-12 RESOLUTION NO. 94-12 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Parking OF THE CITY OF LYNWOOD ESTABLISHING PARKING PENALTIES" ~ Penalties with the following amendments: #46 Increase from $75.00 to $100.00 #61 Increase from $55.00 to $150.00 #66 Increase from $25.00 to $100.00 #74 Increase from $25.00 to $ 40.00 #76 Increase from $25.00 to $ 55.00 #77 Increase from $25.00 to $ 40.00 #83 Increase from $25.00 to $200.00 #84 Increase from $55.00 to $150.00 ROLL CALL' AYES: •COUNCILMEMBER BYRD, NOES: NONE ABSENT: NONE HEINE, HENNING, REA, RICHARDS Richards Mayor Richards introduced item #11 Public Hearing relative to an Planning Appeal of Planning Commission Action on CUP #132 - Applicant: Commission Manuel A. Mancilla. It was moved by Councilmember Byrd, seconded by Councilmember Rea and carried to open the Public Hearing. J. CERVANTESJoe Cervantes, developer for Manuel Mancilla spoke on his behalf. Planning Stated applicant is not opposed to stipulations proposed by the Commission Planning Commission with the exception of the brick wall. Is Landscaping proposing landscaping and frontage that will heighten the outlook. Asked Council to approve modified proposal. M. BROWN Mel Brown questioned the square footage. 2 1~ Hearing no further discussion, it was moved by Councilmember Byrd, secondad by Councilmember Rea and carried to close the Public Hearing. Councilmember Henning stated he could see no justifiable Henning reasoning for these requirements and feels it is inappropriate Graffiti for Council to require something that will enhance graffiti. Feels rod iron is sufficient. It was then moved by Councilmember Henning, seconded by Councilmember Rea to reverse the decision of the Planning Commission and instruct staff to work with applicant on alternate requirements. Councilmember Byrd requested staffs rationale for denial. Byrd r ~I Director of Community Development Blumenfeld stated the proposal Sol represents minor modifications to the applicants original Modificat request. A ten (10) foot rod iron fence is not in compliance proposal with the Citys ordinance. Councilmember Heine referred to the automotive shops along Long Heine Beach Blvd between Martin Luther King Jr. Blvd and Imperial Hwy Automoti~ that have installed rod iron fences. Stated the ordinance which Shops was adopted two years ago initiating a nine month moratorium on,7~ automobile land uses was to prevent this type of business from Harbors becoming junk harbors. Councilmember Henning stated he has problems with staff Henning foreseeing problems with business owners. Applicant has stated New Fence all work will be conducted on-site. Questioned who initiated the Ord. new fence ordinance, especially one that will encourage graffiti. Encourage Applicant has buildings that the work will be conducted in. Graffiti Mayor Richards stated rod iron does not su.f.ficiently cover up the Richard esthetics of the businesses. If other businesses are required to Rod Iron do so, this applicant should also comply. Councilmember Byrd spoke regarding a moratorium to prevent Byrd unsightly, blighted business locations. Mayor Richards stated rod iron is not sufficient and discussed Richard the seriousness of beautification. Councilmember Henning repeated his motion to reverse the Planning Henning Commissions decision with the stipulation that the applicant not Planning be required to construct a wall fence and that rod iron be Commissic sufficient. Would also like to instruct staff to further work Rod Iron with the applicant on agreeable terms for a decent plan. Would alternat_ also like to see more detailed pictures of alternative fencing. Fencing Motion was seconded by Councilmember Rea. It was moved by Councilmember Byrd to approve staffs recommendation and deny this appeal and uphold the action of the Planning Commission. City Attorney Rudell stated one option would be to refer the item Rudel.l. back to staff and continue the Public Hearing to February. It was moved by Councilmember Heine, seconded by Councilmember Henning to move the City Attorneys recommendation and amend the motion to include that the City Manager work with the applicant and continue the Public Hearing to February 15 meeting. ROLL CALL• AYES: .COUNCILMEMBER BYRD, NOES: NONE ABSENT: NONE HEINE, HENNYNG, REA, RICHARDS 3 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. Henning Councilmember Henning requested item #17, Aggressive SolicitiaonSolicitation. City Manager Gonzales requested item #15, ADA Transition Plan. It was then moved by Councilmember Heine, seconded by RES. 94-13 Councilmember Byrd to adopt: RESOLUTION NO. 94-13 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Alley OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE AND Vacation ABANDON FOR PUBLIC PURPOSES A PORTION OF THE FIRST ALLEY EAST OF Second Ave.SECOND AVENUE FROM JOSEPHINE STREET TO THE I-105 FREEWAY, AS Josephine SHOWN ON MAP OF TRACT NO 8716 IN THE CITY OF LYNWOOD, COUNTY OF to the LOS ANGELES, STATE OF CALIFORNIA, MAP BOOR 145, PAGES 63 AND 64 I-105 Fwy. OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER". RES.94-14 RESOLUTION NO. 94-14 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE AND Alley Vac. ABANDON FOR PUBLIC PURPOSES A PORTION OF THE FIRST ALLEY EAST OF Third Ave. THIRD AVENUE FROM JOSEPHINE STREET TO THE I-105 FREEWAY, AS SHOWN Josephine ON MAP OF TRACT NO. 8716 IN THE CITY OF LYNWOOD, COUNTY OF LOS to the ANGELES, STATE OF CALIFORNIA, MAP BOOK 145, PAGE 63 AND 64 OF I-105 Hwy. MEPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER". RES.94-15 RESOLUTION NO. 94-15 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Al.l.ey Vac. OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO VACATE AND ~~~ ABANDON FOR PUBLIC PURPOSES A PORTION OF THE FIRST ALLEY EAST OF From 112th EAST ALAMEDA STREET (ALAMEDA STREET) FROM 112TH STREET (6TH to Alamo STREET) TO ALAMO COURT AS SHOWN ON MAP OF TRACT NO. 5418 IN THE Court CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, MAP BOOK 59, PAGE 42 OF MAPS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER". RES.94-16 RESOLUTION NO. 94-16 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Forestry OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS Grant FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE SMALL BUSINESS Program ADMINISTRATION APPROPRIATION ACT OF 1990 FOR CITYWIDE TREE PLANTING PROJECTS". AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 2 OF THE LYNWOOD MUNICIPAL CODE SO AS TO ESTABLISH THE COMMUNITY CABLE ACCESS ADVISORY COMMISSION". RES.94-17 RESOLUTION NO. 94-17 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Refund & OF THE CITY OF LYNWOOD APPROVING REFUND OF $46,088.72 AND Authorizing AUTHORIZING TRANSFER OF FUNDS FROM THE GENERAL FUND TO COVER Transfer REIMBURSEMENT EXPENSE". RES.94-18 RESOLUTION NO. 94-18 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Warrant OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS DRAWN THEREFORE". ROLL CALL' AYES: .COUNCILMEMBER BYRD, NOES: NONE ABSENT: NONE HEINE, HENNING, REA, RICHARDS ~onzal.es City Manager Gonzales asked that Council merely receive and file ADA information relative to the ADA Transition Plan. It was moved by Councilmember Henning, seconded by Member Heine to receive and file: ADA TRANSITION PLAN 4 1 Councilmember Henning stated with regard to the Ordinance onHenning Aggressive Solicitation doesn't federal law prohibit overriding existing laws. Interim City Attorney Rudell stated the operative word in the Rudell ordinance is "Aggressive". This addresses most aggressive types word of solicitation. Similar ordinances had been prepared for othe~'Aggrssve cities. Government Code 3-22.2 describes aggressive as "to In Ord: coerce, threaten, hound or intimidate. ~-+ Councilmember Henning questioned a related lawsuit to this type Henning Ill of ordinance. Councilmember Rea stated the city must begin somewhere to insure Rea the safety of the residents. After further discussion, It was moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: ORDINANCE #1389 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OFORD.1389 THE CITY OF LYNWOOD PROHIBITING AGGRESSIVE SOLICITATION AND Solicitat AMENDING THE LYNWOOD MUNICIPAL CODE". ROLL CALL: AYES: COUNCILMEMBER BYRD, HEINE, REA, RICHARDS NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER HENNING It was moved by Mayor Richards to amend the motion to include the Urgency of this Ordinance and to adopt effective immediately. Interim City Attorney Rudell proposed the amendment to the Rudell ordinance be included in the title and section 2 read as follows:Amendmen{ The City Council finds and determines that aggressive to Ord. solicitations within the City are occurring with alarmingSo].icitai frequency, and that certain locations within the City, whether Residents publicly or privately owned, are increasingly used for these~~se tc aggressive solicitations. Such activities expose the residents Criminal of this community to criminal conduct and threaten their health, Conduct, welfare and safety. This City Council further finds and Threaten; determines that the immediate implementation of this ordinance is Hea]_th necessary and desirable in order to deter aggressive adequate Safety, authority to apprehend those persons engaged in such conduct.We].fareE Therefore, this ordinance is an urgency ordinance necessary forSafetey. the immediate preservation of public peace, health and safety Urgency within the meaning of Section 36937(b) of the Government Code and Ordinance shall take effect immediately. DISCUSSION ITEMS Mayor Richards introduced the next item on the agenda, Dedicatio~ichards of the Pacific Electric Railroad. Councilmember Henning stated he felt community participatior~enning should be included in the renaming. Also stated he had received yvonne a letter from Supervisor Yvonne Burke stating she would like to Burke use the Depot as her field office. Councilmember Heine stated he does not feel the office size can Heine I accommodate the Supervisors needs. Also stated he has concerns ~ with the renaming. Councilmember Byrd recommended John Byork as the name for the Byrd Pacific Electric Station. Councilmember Henning stated he feels the station should remain Henning the Lynwood Historical Pacific Electric Station. 5 ~~ ROLL CALL COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER BYRD: JOHN BYORK HEINE JOHN BYORR HENNING YVONNE BRATHWAITE BURKE REA LYNWOOD PACIFIC ELECTRIC STATION RICHARDS JOHN D. BYORK HISTORICAL PACIFIC ELECTRIC STATION PUBLIC ORALS B.Lewis Bill Lewis-2708 E. 110th St. informed Council that there are no Pay pay telephones in the immediate are for. residents to use. Telephone Commented on the antiquated recording system. Also stated on j Travelodge February 9, 1994 at the Travelodge the Lynwood Lyons Club would z ons Club be hosting a speakers contest with students from Lynwood High on "Todays Youth, Stop the Violence". B.MIRANDA Benjamin Miranda spoke regarding the aggressive solicitation Foreign ordinance. Also, questioned the City Attorney on any involvement Government with a Foreign Government. A.REYES Arturo Reyes-11149 Carson Dr., spoke regarding correspondence addressed to the City Attorney. R.WHITE Rodney White, representative of the East Carlin Blockwatch stated rime, pooxconcerns with the escalation of crime in their area and poor lighting lighting. D.BDRDERS Donna Borders-11375 Hulme Ave., stated concerns with garage conversions and high fences being built to hide them. J. HUNTER Derrell Hunter spoke regarding the lack of public restroom Public facilities in the city. Also city graffiti workers should not Restrooms wait for someone to call to remove the graffiti, but should remove it on site. ,J. CERYANTESIoe Cervantes stated he sees the city going in different City in directions. As a private consultant he will not bring any Different development into the city that would be a deterrent. Directions S. JOHANSENScott Johansen spoke regarding personnel problems in City Hall and the rudeness and unprofessional phone manners of employees. M.BRDWN Mel Brown spoke regarding parking violations and the adjustment Parking of costs. Also suggested the city handle all their own towing Violations services. Stated it would be more cost effective. Also spoke Towing. regarding new business coming into the city and the clean up of New Businesthe city must start somewhere. M. RICHARDSMayor Richards requested information on a public telephone at Public City Hall, questioned City Clerk with regard to recording Phones equipment. Also questioned Block Watch programs, tree planting Block Watchand alley clean-up. Rudell City Attorney Rudell responded to questions regarding his Honorary relations as Honorary Consul for the Republic of Botswana. Counsul offered a brief background on his entire relations. Richards Mayor Richards questioned item #19 HUD letter of credit for disallowed costs and the amount allocated for the Transit Center. COUNCIL ORALS Rea Councilmember Rea commended the Fire Department and Sheriffs Commened Department Search and Rescue Teams. Questioned the Di rector of Fire,Sherif$ommunity Development rega rding the issuance of a business &Recue license to a liquor store on Carlin & Atlantic. Team Byrd Councilmember Byrd stated he is doing his best possible job as a Councilperson. 6 1~ Councilmember Henning questioned videotaping Council meetings andHenning programming them on the Lynwood Cable Channel. Also questioned Cable towing & storage fees received from Wynns Tow and Southeast Tow. Channel. Questioned staff regarding underground utility lease. Commented Towing & on the City Attorneys relations with the Republic of Botswana. Storage Requested the release of the Entrepreneur Audit. Also feelsUndergrow Closed Sessions should be recorded and that the City Clerk should Utility be present during these meetings. Also stated his concerns with Lease Councilpersons not being allowed to place items on the agenda, feel this is a violation of the Brown Act. Councilmember Heine informed residents that their toxic waste can Heine be taken to the South Gate facility on Garfield Ave. Also Toxic Was reminded everyone of the ribbon cutting ceremonies for the Martin M.L.K. Luther King Jr. on-ramp onto the I-105 Freeway on January 28, On- Ramp 1994. Mayor Richards spoke regarding garage conversions and the city's Richards comprehensive plan. Hearing no further discussion, Interim City Attorney Rudell stating there is a need for the Rudell Lynwood Redevelopment Agency and the Lynwood City Council to hold LRA Joint a joint Closed Session for the purpose of discussing threatened Closed litigation between the City and the Agency and former Directors Session of the Entrepreneur Academy of California. It was moved by Councilmember Byrd, seconded by Councilmember Heine and carried to recess to Closed Session at 11:35 p.m. Council reconvened at 12:15 a.m. Interim City Attorney Rudell stated City Council and the Rude]. ]. Redevelopment Agency had met in closed session for the purposesHenning,Re stated prior to recess, Councilmembers Henning and Rea being Being absent, appropriate direction was given to staff, no action was Absent taken. It was moved by Councilmember Byrd, Heine and ~ to adjourn at .~----~ 12:16 seconded by Councilmember a.m. MAYOR CITY CLERK I 7 16