HomeMy Public PortalAboutM 1994-04-05- CC4~
LYNWOOD CITY COUNCIL, APRIL 5, 1994
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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 7:33
p.m.
Mayor Richards presiding.
Councilmembers Byrd, Heine, Henning, Rea and Richards answered
the roll call.
Also present were City Manager Gonzales, Interim City Attorney
Rudell, City Clerk Hooper and City Treasurer Pygatt.
City Clerk Hooper announced the Agenda had been duly posted in
accordance with The Brown Act.
It was then moved by Councilmember Rea, seconded by Councilmember
Henning and carried to approve the following minutes:
a) Regular Meeting, March 15, 1994
It was then moved by Councilmember Byrd, seconded by
Councilmember Rea and carried to recess to the Lynwood
Redevelopment Agency and Lynwood Information Inc. a t 7:34.
Council reconvened at 9:08.
PUBLIC HEARINGS
Mayor Richards introduced the first Public Hearing, Appeal of Richar
Planning Commission Action Granting Variance No. 27 andpl.anning
Conditional Use Permit No. 140.
It was moved by Councilmember Henning, seconded by Councilmember
Rea and carried to open the Public Hearing.
Arturo Reyes 11149 Carson Dr. stated he had consistently heardA.Reyes
negative comments on this portion of Long Beach Blvd. Spoke in
opposition to CUP #140.
Donald Alvarado, Vice President and General Counsel of Smart &D.Alvar
Final questioned appeals submitted by Councilmembers. A1soAppeal
introduced Ralph Vasquez, Store Manager, Chuck Vandergriff-AreaSmart&Fir
General Manager and Employees present in support of the store. Service
Stated Smart & Final usually services caterers, business ownersCaterers,
and restaurant owners. Stated Smart & Final had agreed to a1lBusiness,
recommendations set forth by the Planning Commission. Restaurar
Adolph Lopez-11431 Plum St., spoke regarding the City Code whichA.Lopez
is clear on the footage distance between establishments that sell City
alcohol. Spoke in opposition to CUP 140. Code
Ezequiel Vallejo, owner of Mkt. spoke in opposition to CUPE.Val.l.e
#140, stated information relative to the city code and distance City
restrictions. Code
Carmen Mendoza spoke in opposition to CUP #140.
Gt:Mendo
Ralph Vasquez, Smart & Final Store Manager spoke of h1 SR.D3V1S
involvement with the City. Also spoke in favor of CUP #140. Tax
Stated his intention is to keep tax dollars in the City. Money
Maurice Horton spoke in favor of CUP #140.
M.Horton
Hearing no further discussion, it was then moved by Councilmember
Rea, seconded by Councilmember Byrd and carried to close the
Public Hearing.
Councilmember Rea discussed the cities zoning ordinance which Rea
prohibits alcohol sales within a specified distance of existing Alcohol
establishments which sell alcohol. Stated there is no history of Sa].es
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zoning enforcement by Smart & Final, no permits for fencing, and
questioned problems with criminal activity. Stated there are
already enough liquor establishments within the city. Stated he
is opposed to CUP #140.
It was moved by Councilmember Henning, seconded by Councilmember
Rea to consider overturning the decision of the Planning
Commission:
Henning Councilmember Henning stated he has no feelings of negativity
Smart&.Final towards Smart & Final, however, is not in favor of the sale of
Sale of alcohol. Liquor Store owner and Merchants have agreed to a
Alcohol limitation of liquor establishments. Does not see any
Merchants justification in allowing a new liquor establishment.
Heine Councilmember Heine stated he is personally opposed to alcoholic
Oppose Alcohobeverages, however is aware of other occasions for distance
variances.
Byrd Councilmember Byrd spoke regarding the alcohol only being sold in
refrigeration large lots. Questioned the refrigerated kegs.
Alvarado Mr. Alvarado stated current conditions allow the refrigeration of
:onvenience tokeg beer, however will pull this if so required. Smart & Final
1:ientele is trying to offer a convenience to their current clientele.
Richards Mayor Richards questioned the vote by the Planning Commission and
>].anning asked what the rationale was behind the vote.
rote
Sol Director of Community Blumenfeld stated unusual circumstances
Wholesale regarding wholesale establishments -v- liquor establishments was
considered.
Richards Mayor Richards stated he wanted to look at this fairly. The
'air Business issue appears to be competition, also stated every community
~portunity requires stable facilities. He has a commitment to continue to
b every work with the business owners, however, feels it would be unfair
3usiness not to give this one business every opportunity.
C/Attorney Interim City Attorney stated the motion on the floor is to
>lanning reconsider the Planning Commissions decision. Suggested changing
:ommission the motion to one of two forms either to uphold the appeal and
rphold the overturn the action taken by the Planning Commission or deny the
~Ppea], appeal and uphold the action of the Planning Commission.
It was moved by Councilmember Henning seconded by Councilmember
Rea to uphold the appeal and reverse the decision of the Planning
Commission
ROLL CALL:
AYES: COUNCILMEMBER HENNING, REA
NOES: COUNCILMEMBER BYRD, RICHARDS
ABSENT: NONE
ABSTAIN: COUNCILMEMBER HEINE
tudell Interim City Rudell stated the motion dies and the decision of
Manning the Planning Commission stands.
Richards Mayor Richards then introduced the next item a resolution of the
res. Nuisance City Council of the City of Lynwood, determining that a nuisance
1537 Pelleur is being maintained on certain real property, described as parcel
street 6188, lot 040, page 018, generally known as 5537 Pelleur Street
in the City of Lynwood and directing the abatement thereof.
It was moved by Councilmember Heine, seconded by Councilmember
Byrd and carried to open the public hearing.
V.Polk Vicky Polk, 5537 Pelleur stated if the city would be willing to
nunpster provide a dumpster,,she would clean up the mess herself.
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Hearing no further discussion, it was moved by Councilmember
Heine, seconded by Councilmember Byrd and carried to close the
Public Hearing.
It was then moved by Councilmember Heine, seconded by
Councilmember Byrd to adopt:
RESOLUTION NO. 94-47 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-4
OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING5537
MAINTAINED ON CERTAIN REAL PROPERTY, DESCRIBED AS PARCEL 6188,pelleur
LOT 040, PAGE 018, GENERALLY KNOWN AS 5537 PELLEUR STREET, IN THE Street
CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF".
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ROLL CALL•
AYES: •COUNCILMEMBER BYRD, HEINE, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER HENNING, REA
Mayor Richards then introduced the next item on the agenda, a Richard
Resolution of the City Council of the City of Lynwood, Nuisance
determining that a nuisance is being maintained on certain real 12502
property, described as parcel 6186, lot 016, page 043, generally Nanette
known as 12502 Nanette Place in the ,City of Lynwood and directing
the abatement thereof.
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. 94-48 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-4
OF THE CITY OF LYNWOOD DETERMINING THAT A NUISANCE IS BEING 12502
MAINTAINED ON CERTAIN REAL PROPERTY, DESCRIBED AS PARCEL 6186,~ette
- LOT 016, PAGE 043, GENERALLY KNOWN AS 12502 MANETTE PLACE, IN THE
CITY OF LYNWOOD AND DIRECTING THE ABATEMENT THEREOF".
ROLL CALL
AYES: COUNCILMEMBER BYRD, HEINE, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER HENNING, REA
Mayor Richards requested at this time reordering the agenda andRichard
requested the City Clerk begin the reading on the ConsentReorderi
Calendar.
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.
Councilmember Heine requested item #17, relative to CharitableHeine
Solicitation.
It was moved by Councilmember Heine, seconded by Councilmember
Byrd to adopt:
ORDINANCE NO. 1392 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OFOrd.139
THE CITY OF LYNWOOD, CALIFORNIA, AMENDING IN ITS ENTIRETY SECTION Change
6-3.15 OF THE LYNWOOD MUNICIPAL CODE RELATING TO CHANGE ORDERS". Orders
ORDINANCE NO 1391 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OFOrd.139
THE CITY OF LYNWOOD AMENDING CHAPTER 25, THE OFFICIAL ZONINGZOnning
ORDINANCE OF THE LYNWOOD MUNICIPAL CODE, CHANGING THE ZONINGC]assifi~
CLASSIFICATION OF LOTS 24, 25, AND 36 AS SHOWN ON PAGE 013,
COUNTY ASSESSOR'S BOOK NO. 6186, LOS ANGELES COUNTY, LOCATED IN
LYNWOOD, CALIFORNIA".
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RES94-49 RESOLUTION NO. 94-49 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
Prepare LightOF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER OF SAID CITY
Assessment TO PREPARE A REPORT ON THE LIGHTING ASSESSMENT DISTRICT OF SAID
District CITY AS PROVIDED FOR UNDER THE "LANDSCAPE AND LIGHTING ACT OF
1972" (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA) FOR FISCAL YEAR 1994-95".
RES94-50 RESOLUTION NO. 94-50 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
Prepare OF THE CITY OF LYNWOOD AUTHORIZING THE CITY ENGINEER OF SAID CITY
I'andscpate TO PREPARE A REPORT ON THE LANDSCAPE MAINTENANCE DISTRICT OF SAID
Assessment CITY AS PROVIDED FOR UNDER THE "LANDSCAPE AND LIGHTING ACT OF
District 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA) OF FISCAL YEAR 1994-95" .
1SEoSp4-51 RESOLUTION NO. 94-51 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD AMENDING RESOLUTION NO 67-9 DESIGNATING
Signs CERTAIN INTERSECTIONS AS "STOP" INTERSECTIONS".
RES94-52 RESOLUTION NO. 94-52 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
Zeal].ocation OF THE CITY OF LYNWOOD APPROVING THE REALLOCATION OF HUD
BUD Technical TECHNICAL ASSISTANCE ECONOMIC DEVELOPMENT STUDY FUNDS TO HUD
ass. to EMPOWERMENT COMMITTEE ACTIVITIES IN CONNECTION WITH THE HUD
7npowerment ENTERPRISE COMMUNITIES GRANT APPLICATION AND TECHNICAL ASSISTANCE
;ommittee GRANT IMPLEMENTATION"
AUTHORIZING STAFF TO ESTABLISH SPECIAL PARKING RESTRICTIONS ALONG
ERNESTINE AVENUE BETWEEN PLATT AVENUE AND MARTIN LUTHER KING JR.
BOULEVARD.
RES94-53 RESOLUTION NO. 94-53 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
rant Urban OF THE CITY OF LYNWOOD AUTHORIZING THE FILING OF GRANT
?ark & APPLICATION FOR GRANT FUNDS FOR THE URBAN PARR AND RECREATION
recreation RECOVERY ACT OF 1978".
RES94-54 RESOLUTION NO. 94-54 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL '~
'ouch 'OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS
recreation & FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT I
service AT-RISK YOUTH RECREATION AND SERVICE FACILITIES COMPETITIVE GRANT
'acilities FOR THE REHABILITATION AND REMODELING OF THE CITY HALL ANNEX TO
MULTI-SERVICE TEEN CENTER".
RES94-55 RESOLUTION NO. 94-55 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
rehab & OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS
remodeling of FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
iam House SENIOR CENTERS & RECREATION FACILITIES COMPETITIVE GRANT FOR THE
senior CitizenREHABILITATZON AND REMODELING OF THE HAM HOUSE AT JOHN D. HAM
:enter PARK TO A MULTI-SERVICE SENIOR CITIZENS CENTER".
APPROVAL OF CHANGING OF MEETING LOCATION FOR THE COMMUNITY CABLE
ACCESS ADVISORY COMMISSION
RES94-56 RESOLUTION NO. 94-56 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
IOU OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF
Ynloyees' UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD CITY
EMPLOYEES' ASSOCIATION AND SETTING FORTH ALL TERMS AND CONDITIONS
AFFECTING WAGES, HOURS AND WORKING CONDITIONS".
RES94-57 RESOLUTION NO. 94-57 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
IOU Positions OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND WORKING
~f Employees CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE ERCLUDED POSITIONS
OF THE LYNWOOD CITY EMPLOYEES' ASSOCIATION".
RES94-58 RESOLUTION NO. 94-58 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL .
IOU ManagementOF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF
Bargaining UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD
'soup MANAGEMENT BARGAINING GROUP AND SETTING FORTH ALL TERMS AND
CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS".
RES94-59 RESOLUTION NO. 94-59 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
IOU Positions OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND WORKING
.f Management
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CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS
OF THE LYNWOOD MANAGEMENT BARGAINING GROUP".
AUTHORIZING SERVICE AGREEMENT BETWEEN THE CITY OF LYNWOOD AND
CARL WARREN & CO.
RESOLUTION NO. 94-60 ENTITLED: "A RESOLUTION OF THE CITY COUNCIIRE594-60
OF THE CITY OF LYNWOOD AUTHORIZING THE SUBMITTAL OF AN ENTERPRISEgage usE
COMMUNITY APPLICATION WITH THE UNITED STATES FEDERAL GOVERNMEN7~nsultant
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENGAGE THF~o Stratec
~ USE OF A CONSULTANT TO PREPARE AND COORDINATE THE PREPARATION OF plan
THE STRATEGIC PLAN FOR THE EMPOWERMENT COMMUNITY APPLICATION".
RESOLUTION NO. 94-61 ENTITLED: "A RESOLUTION OF THE CITY COUNCI$ES94-61
OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND Warrant
WARRANTS DRAWN THEREFORE".
ROLL CALL•
AYES: COUNCILMEMBER BYRD, HEINE, RICHARDS
NOES: COUNCILMEMBER HENNING
ABSENT: COUNCILMEMBER REA
Councilmember Heine stated his objections relative to charitable Heine
solicitation.
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It was then moved by Councilmember Heine, seconded by Mayor
Richards to approve:
SPECIAL PERMIT APPLICATION FOR BIBLE ASSEMBLY OF GOD
ROLL CALL•
AYES: .COUNCILMEMBER HEINE, HENNING, RICHARDS
NOES: COUNCILMEMBER REA
ABSENT: COUNCILMEMBER BYRD
PUBLIC HEARINGS (cont.)
Mayo r, Richards then introduced the next item on the agenda, A Richar~
Public Hearing for the purpose of Adopting an Ordinance of the Certain
City of Lynwood Amending Subsection 7-20.2 of Section 7-20 of parking
Chapter 7 of the Lynwood Municipal Code Relating to Prohibitionprohibit9
on Parking For Certain Purposes.
It was moved by Councilmember Heine, seconded by Councilmember
Rea and carried to open the Public Hearing.
After discussion, it was moved by Councilmember Rea, seconded by
Councilmember Heine and carried to close the Public Hearing.
It was then moved by Councilmember Heine, seconded by
Councilmember Byrd to introduce:
ORDINANCE #1393 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OFOrd.139.
THE CITY OF LYNWOOD AMENDING SUBSECTION 7-20.2 OF SECTION 7-20 OF parking
CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE RELATING TO PROHIBITIONS purpose
ON PARKING FOR CERTAIN PURPOSES".
ROLL CALL:
AYES: COUNCILMEMBER BYRD,
NOES: NONE
ABSENT: NONE
HEINE, HENNING, REA, RICHARDS
Mayor introduced the next item on the agenda, a Public HearingRichard:
for the Purpose of Adopting the Nondisposal Facility Element
(NDFE). NDFE
It was moved by Councilmember Byrd, seconded by Councilmember
Heine and carried to open the Public Hearing.
Hearing no discussion, it was moved by Councilmember Byrd,
seconded by Councilmember Rea and carried to close the Public
Hearing.
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It was then moved by Councilmember Heine, seconded by
Councilmember Byrd to adopt:
RES94-62 RESOLUTION NO. 94-62 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL
Non-Disposal OF THE CITY OF LYNWOOD ADOPTING A NON-DISPOSAL FACILITY ELEMENT
Facility PURSUANT TO THE REQUIREMENTS OF THE PUBLIC RESOURCES CODE".
ROLL CALL•
AYES: .COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: NONE
Richards Mayor Richards introduced the next item on the agenda a Public
'ongstions Hearing for the Purpose of Finding the City of Lynwood to be in
9anagement Conformance with the Congestion Management Program (CMP) and
grogram Adopting the CMP Local Implementation Report, in Accordance with
California Government Code Section 65089.
It was moved by Councilmember Byrd, seconded by Councilmember
Heine and carried to open the Public Hearing.
Hearing no discussion, it was moved by Councilmember Byrd,
seconded by Councilmember Rea and carried to close the Public
Hearing.
It was then moved by Councilmember Byrd, seconded by
Councilmember Heine to adopt:
RES94-64 RESOLUTION NO. 94-64 ENTITLED: "A RESOLUTION OF THE CITY OF
'ongestion LYNWOOD, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH
]anagement THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
'rogram LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089".
ROLL CALL•
AYES: •COUNCILMEMBER BYRD, HEINE, HENNING REA, RICHARDS
NOES: NONE
ABSENT: NONE
PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY
PUBLIC ORALS (GENERAL)
A.REyes Arturo Reyes 11149 Carson Dr. questioned warrants and requested
Warrants, back up information on specific items. Also requested
'ravel. expens~ocumentation supporting travel expenses.
R.white Rod White 4608 Carlin Ave. spoke regarding the new stop
aop inter- intersection on Carlin Ave, and street lights at crosswalks.
section, SlnartAlso spoke regarding the issuance of the alcohol license issued
+ Final. to Smart & Final.
A.Lopez Adolph Lopez 11431 Plum St. spoke regarding the need for
xossing crosswalks and a crossing guard on Long Beach Blvd. Also spoke
hard, Smart regarding liquor licensing and the reversal of appeal for Smart &
+ Fina]. Final.
CLOSED SESSION
Rude].]. Interim City Attorney Rudell stated the City Council would be
SOY meeting in Closed Session for the purpose of instructing the
fegotiations negotiator in connection with pending labor negotiations.
It was moved by Councilmember Heine, seconded by Councilmember
Byrd and carried to recess to Closed Session.
J.S.Field Joe Story Field Representative for Congressman Walter Tucker
Towne Hall- announced an invitation to all to a Towne Hall Forum, Saturday,
°~ April 9, 1994 at the Lynwood Unified School District Facility
from 10:00 a.m. to 12:30 p.m.
Council recessed at 10:35 p.m.
Council reconvened at 11:55 p.m.
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Interim City Attorney Rudell stated Council met in Closed Sessior~udell
for the purposes stated prior to recess, appropriate direction~ployee
was given to the Citys negotiator with regard to Employee Bargainii
Bargaining matters.
COUNCIL ORALS
Councilmember Rea requested documentation from the City Managers Rea
Office in support of Warrant #50739 & 51033.
Councilmember Heine congratulated the graffiti crew on their Heine
performance keeping the city clean.
Mayor Richards spoke regarding the Public Hearing relative td2Ichards
Smart & Final and requested changing his vote to NO.
Interim City Attorney Rudell stated a motion to reconsider is Rudell
made by the prevailing side. In this instance there was no prevailix
prevailing side. Does not feel a vote can be changed at this Side
time since there cannot be a motion to reconsider.
Interim City Attorney Rudell requested that the minutes reflect Rudell
the Mayors intent to change his vote from NO to YES prior to the Vote
ending of the meeting. Also requested and was granted the Change
opportunity to research this matter.
Mayor Richards then requested the reactivation of the Community Richard
Crisis Task Force as well as a noon meeting tomorrow April 6, Hot
1994. Also called for a Community Information Hot Line. Line
Hearing no further discussion, it was moved by Councilmember
Byrd, secon ed C~~oaau~~ncilmember Heine, and carried to
recess/adj t 1
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MAYOR
CITY CLERK
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