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Home My Public Portal AboutM 1994-05-17- CC65 LYNWOOD_CITY COUNCIL, MAY 17, 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 7:30 p.m. Mayor Richards presiding. Councilmembers Byrd, Heine, Henning, 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. Hooper Carl Serge, Representative from the Central Basin commended Council for declaring May as "Water Proofing Month". C. Seige Miguel Hernandez, Water Reuse Coordinator from the Central Basin presented Council with a poster coordinating with the Los Angeles M. Hernai Sanitation District and a display. dez Dave Snyder, Representative of Sanitation District commended the D. Snyder City of Lynwood for their participation. Councilmember Byrd presented a plaque to Billie M. Araujo. gryd It was moved by Councilmember Heine, seconded by CouncilmemberHeine,By~ Byrd and carried to adopt the Commendations as presented. Councilmember Rea arrived at 7:45 p.m.Rea Mayor Richards then reordered the Agenda in order to take actionRichards on Item #10, Declaration of May as "Drought Proofing Month" Water water Shortage Contingency Plan and Water Conservation Grdinance. short- age Interim City Attorney Rudell suggested taking public input from those that had signed up to speak on this item prior to CouncilsRudell action. City Clerk Hooper announced no one had signed up to speak on this Hooper item. It was moved by Councilmember Heine, seconded by CouncilmemberHeine,By Byrd to adopt: RESOLUTION NO. 94-71 ENTITLED: "A RESOLUTION OF THE CITY COUNCILResoulti OF THE CITY OF LYNWOOD DECLARING THE MONTH OF MAY "DROUGHT-PROOF g4-71 MONTH" ENCOURAGING THE USE OF RECYCLED WATER". drought ROLL CALL: AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE It was then moved by Councilmember Byrd, seconded by Byrd,He Councilmember Heine to adopt: RESOLUTION NO. 94-72 ENTITLED: "A RESOLUTION OF THE CITY COUNCILResoulti OF THE CITY GF LYNWOOD ADOPTING THE AMENDED WATER SHORTAGE g4-72 CONTINGENCY PLelN, AND THE AMENDING OF THE LYNWOOD MUNICIPAL CODE water TO PROVIDE FOR THE WATER CONSERVATION ORDINANCE". short- age Councilmember Henning questioned Central Basin Water District not Henning ~l being included as a supply source in the resolution. Central Basin Director of Public Works Murga stated water purchase from CentralMurga Basin is from the Metropolitan Water District. water Councilmember Rea questioned whether or not there are methods forRea local businesses to utilize this program. Also questioned thebusines purchase price. 66 ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, RICHARDS NOES: COUNCILMEMBER HENNING, REA ABSENT: NONE Henning Councilmember Henning stated he does not feel comfortable voting voting, on this item. Based on the attachments, feels this item should should hav~ave been a Public Hearing in order to allow residents the been Pub. opportunity to review any impact it would have on them. hearing Rudell. Interim City Attorney Rudell stated the wording on the ordinance wording had been reformatted. Henning Councilmember Henning requested continuance of the ordinance in corrtinuanc~rder to allow the Council the opportunity to review the amended ordinance. It was then moved by Councilmember Henning, seconded by Councilmember Byrd and carried to recess to the Lynwood Redevelopment Agency at 8:10 p.m. Council reconvened at 8:20 p.m. PUBLIC HEARINGS Richrards Mayor Richards introduced the first Public Hearing, An Appeal of the Planning Commission Action Granting Conditional Use Permit Case No. 142. Applicant: Pastor Charles L. Floyd. It was moved by Councilmember Heine, seconded by Councilmember_ Byrd and carried to open the Public Hearing. C.Floyd Pastor Charles Floyd stated he is present tonight in order to Commission witness Councils action on the Planning Commissions Approval of Approval. the Conditional Use Permit. Spoke regarding stringent demands of Con. from 1982 that had been deleted. Also original Conditional Use Use Permit Permit of appellant during 1978 has never been revoked. Discussed Right-of-Way Act, street improvements and building permits. Hearing no further discussion, it was moved by Councilmember Byrd, seconded by Councilmember Rea, and carried to close the Public Hearing. A.Rea Councilmember Rea stated he felt the appeal is inadequate, arguments unwarranted and without sufficient merit.' There is no written document to support the arguments. Heine Councilmember Heine referenced stipulations and requirements set ~UP 'f 142 forth for the applicant of Conditional Use Permit #142. Richards Mayor Richards questioned which conditions had been deleted. '.Gonzales City Manager Gonzales stated the appellants original use for the Residentia]Property use was residential combined with Church use, thereby combined necessitating the need of a tract map in order to create separate w/church lots tc separate those uses. Under the new CUP, the property is being utilized for Church use with auxiliary uses for the church. ;.Floyd Reverend Floyd questioned the restricted parking directly in parking front of the church. After further discussion, it was moved by Councilmember Henning, seconded by Councilmember Rea, to deny the appeal and uphold the decision of the Planning Commission with regard to Conditional Use Permit #142. ROLL CALL: AYES: COUNCILMEMBER HEINE, HENNING, REA NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER BYRD, RICHARDS 2 ~~ PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY Adolph Lopez suggested resident volunteers to assist with the A.Lopez organization of the 4th of July celebration. Arturo Reyes was not present to speak. Mayor Richards introduced Compton College Board of Trustee Member Richard Kent Swift. Kent Swift discussed item #19, expiration of his term on thq(,Swift personnel Board. Mr. Swift respectfully requested his name be with- withdrawn from consideration. draw 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 Henning requested Item #13, Urban Forestry Grant Henning Program. Item #16, Local Government Used Oil Opportunity Grant Forestx Program. Item #17, Unity Festival/July 4th Program. Item #18, Grant, Warrant Run. 7/4th progran Councilmember Rea requested Item #12, Atlantic Avenue Rea Reconstruction Project, Phase III, Project No. 5-5147, FY 1993-94 Contrac Contract Award. Award. It was then move by Councilmember Rea, seconded by Councilmember Byrd to adopt: RESOLUTION NO. 94-73 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-i OF THE CITY OF LYNWOOD APPROVING THE AMENDMENT TO THE TRANSIT SERVICE EXPANSION MEMORANDUM OF UNDERSTANDING BETWEEN LOS ANGELES MOU COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND THE CITY OF expansi LYNWOOD AND AUTHORIZING STAFF TO REQUEST $122,000 REIMBURSEMENT IN PROP C FUNDS". RESOLUTION NO. 94-74 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-i OF THE CITY OF LYNWOOD ACCEPTING AN EASEMENT OFFER FOR STREETMOdjesk DEDICATION OF A PORTION OF LOT 9, OF BLOCK 4, MODJESRA PARK Park TRACT, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 PAGES 142-143 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY". RESOLUTION NO. 94-75 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL 94-75 OF THE CITY OF LYNWOOD ACCEPTING AN EASEMENT OFFER FOR STREETEasemen DEDICATION OF A PORTION OF LOT 35, OF TRACT 6436, IN THE CITY OF Offer LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED ZN BOOK 70, PAGES 16-17 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY". ROLL CALL• AYES: .COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Councilmember Rea questioned how long the construction would take Rea ~ and whether or not the contractor would be hiring local residents. Director of Public Works Murga stated construction period is Murga approximately 60 working days. It was then moved by Councilmember Rea, seconded by Councilmember Henning to adopt: RESOLUTION NO. 94-76 ENTITLED: "A RESOLUTION OF THE CITY OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SULLY COUNCIL RES94-" MILLER Sully Mi]].er 3 6~ Henning Forestry Grant Murga CONTRACTING COMPANY IN THE AMOUNT OF $891,878.00 FOR THE ATLANTIC AVENUE RECONSTRUCTION PROJECT, PHASE III, PROJECT 5- 5147, FY 1993-94, AND AUTHORIZING THE MAYOR TO E7CECUTE THE AGREEMENT" . ROLL CALL• 'AYES: •COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Councilmember Henning requested clarification of a date on the Resolution pertaining to the Urban Forestry Grant. Director of Public Works Murga stated the correct date should be 1996._ With that correction, it was moved by Councilmember Henning, seconded by Councilmember Rea to adopt: RES94-77 RESOLUTION NO. 94-77 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Urban OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS Forestry FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA Grant WILDLIFE, COASTAL, AND PARR LAND CONSERVATION BOND ACT OF 1988 FOR CITYWIDE TREE PLANTING PROJECT" ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Henning Councilmember Henning stated he does not feel there is sufficient Used Oil. documents supporting the Used Oil Opportunity Grant. Also feels ~pportunitythis is something that should be handled in conjunction with Grant,WesteWestern waste. Questioned how the city would benefit from a tdaste facility located in Paramount. Bl.umenfel.d Director of Community Development Blumenfeld stated joining with other cities would Lynwood more competitive for the grant. F.Gonzal.esCity Manager Gonzales stated western waste does not have a ail certified oil facility. A.Rea Councilmember Rea questioned satellite locations within the city. Heine Councilmember Heine reemphasized literature contained in the item. Henning Councilmember Henning reaffirmed the fact that their was not sufficient information contained in the item. It was then moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: RES94-78 RESOLUTION NO. 94-78 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL CAl.used OF THE CITY OF LYNWOOD APPROVING AN APPLICATION OF GRANT FUNDS Oil Recyc. FROM THE CALIFORNIA USED OIL RECYCLING OPPORTUNITY GRANT PROGRAM Opportunit~0 DEVELOP AND MAINTAIN A USED OIL RECYCLING PROGRAM". ROLL CALL' AYES: COUNCILMEMBER 9YRD, HEINE, REA, RICHARDS NOES: COUNCZLMEMBER HENNING ABSENT: NONE Henning Councilmember Henning then questioned the use of the competitive Eirecoorks bidding process for the fireworks display. Richards Mayor Richards questioned the consequences of not holding a bid Waiving for~rocess and recommended deleting section two, "Waiving the Formal yid process Bid Process". A.Rea Councilmember Rea questioned the break down for expenditures =_xpendituresthroughout the package. 4 69 r After further discussion, it was moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: RESOLUTION NO. 94-79 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-7~ OF THE CITY OF LYNWOOD AUTHORIZING FUNDING FOR THE 1994 UNITY 4th Ju]- FESTIVAL/JULY 4th CELEBRATION". celebra deleting paragraphs four (4), five (5) and Section two (2). ROLL CALL AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Councilmember Henning then stated he had removed the Warrant for Henning voting purposes only. warran It was moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: RESOLUTION NO. 94-80 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL RES94-8i OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND~~arrant WARRANTS DRAWN THEREFORE". ROLL CALL• AYES: .COUNCILMEMBER BYRD, HEINE, RICHARDS NOES: COUNCILMEMBER HENNING, REA ABSENT: NONE DISCUSSION ITEMS City Clerk Hooper announced there are currently two expiration of A.Hoope: terms on the Personnel Board. Commissioner Swift stated he isvacanciE not seeking reappointment. Nominations are in order. Mayor Richards nominated Patrice Bell and Gilda Acosta. Councilmember Henning nominated Adolph Lopez an Walter Lopez. Richar~ Hennin It was moved by Councilmember Byrd, seconded by Councilmember Rea- to close nominations. ROLL CALL: BYRD: SELL, ACOSTA HEINE: BELL, ACOSTA HENNING: LOPEZ REA: LOPEZ RICHARDS: BELL, ACOSTA City Clerk Hooper stated Patrice Bell and Gilda Acosta had beenA.Hbope appointed. City Clerk Hooper further stated there is currently a vacancy onA.Hoope the Community Development Block Grant Advisory Board.CDBG Nominations are now open. It was moved by Councilmember Byrd to continue the item pending applications for appointment. Councilmember Henning nominated Walter Lopez. Councilmember Rea ncminated Blanca ^havira. Hennin A.Rea It was moved by Councilmember Henning, seconded by Councilmember Heine to close nominations. ROLL CALL: BYRD: NONE HEINE: LOPEZ HENNING: LOPEZ REA: CHAVIRA RICHARDS: CHAVIRA 5 ~o In order to make appointment, Councilmember Henning withdrew his nomination for Walter Lopez. ROLL CALL: BYRD: NONE HEINE: CHAVIRA HENNING: CHAVIRA REA: CHAVIRA RICHARDS: CHAVIRA A.Hooper City Clerk Hooper stated Blanca Chavira has been nominated to the ;DBG Community Development Block Grant Advisory Board. i Richards Mayor Richards introduced the next item, Request for Change in 3ateman Ha].]Security for Bateman Hall. Henning Councilmember Henning questioned disregard of formal bidding process. F.Gonzal.es City Manager Gonzales stated the formal bidding process is not Bidding required for contractual services. The use of Bateman Hall with Process larger events has intensified, thus arising security issues. Therefore, the Recreation Department has invited proposals for a- new Security Service at the lowest cost possible. Staffs recommendation is attached. G.Martin Gary Martin, Representative for Eveready Security spoke on behalf security of his service. Stated his company currently secures the parking lot across the street at Frontier and are familiar with the area. Henning Councilmember Henning requested a copy of Eveready's Proposal. Byrd Councilmember Byrd stated he agrees with staffs recommendation. It was then moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: RES94-81 RESOLUTION NO. 94-81 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL ~ iateman OF THE CITY OF LYNWOOD AUTHORIZING THE CHANGE OF VENDORS FOR Ial.l SECURITY SERVICES AT BATEMAN HALL" ROLL CALL' AYES: •COUNCILMEMBER BYRD, HEINE, REA, RICHARDS NOES: COUNCILMEMBER HENNING ABSENT: NONE Richards Mayor Richards requested Item #21, Public Officers and Employees ~ub.Officers- Arrest Without a Warrant. ~ ~:~. F.Gonza].es City Manager Gonzales stated this item grants certain employees Irants the authority to make arrests. Henning Councilmember Henning stated he had requested this item be placed continue on the agenda. However, the item was not prepared the way he had he item to requested and moved to continue the item to the next regular text regu].arscheduled meeting, in order to allow staff the opportunity to ieeting make corrections. A.Rea Councilmember Rea questioned the assembly of the item by the City issembly Attorneys Office. Richards Mayor Richards questioned the issue, related to this item/ Henning Councilmember Henning stated the City has failed to adopt Section 'enal. code 836 of the Penal Code.. Richards Mayor Richards questioned whether or not we want these employees ~mp]oyees to engage in this type of conduct. 6 ~1 Councilmember Henning feels the action is necessary. Recently a Henning Code Enforcement Officer was harrased on Imperial Hwy. AdoptionC.Enforc of this item would serve as a precaution for incidents such asharrasec this. After further discussion, the item was continued to the next regular scheduled meeting. PUBLIC ORALS William Cunningham, Cornish Ave., discussed the water problemsW.Cunni~ and his concerns with water rights. Arturo Reyes 11149 Carson Dr., questioned section of the BrownA.Reyes Act pertaining to Closed Session, also Councils overallclosed disrespect to residents. session Derrell Hunter spoke regarding the item on private citizensJ.HUnte: arrest. Also requested street repairs on Beechwood betweencitizens Martin Luther King Jr. Blvd. and Woodlawn. arrest Rod White 4608 Carlin Ave. stated his concerns with water R.WhitE recycling and spoke in opposition to the matter. Commended water graffiti removal. Would like to obtain salary schedules of city recycli officials. Also spoke in favor of Atlantic Reconstruction. Adolph Lopez 11431 Plum Ave. thanked Councilmember Henning for A.LOpe the nomination to the Personnel Board. Also spoke regarding nominat unanswered messages left in the City Mangers Office. Karen Hayes stated she cannot obtain adequate responses over theK.Hayes phone. Has been unsuccessful in her attempts to obtain a trash3umpster dumpster for her block. Scott Johansen, San Jose Ave., requested speed bumps on hisS.Johan~ street. Rev. Brown, commended Councilmember Henning for asking questionsR.Brown and not taking issues at face value. Also stated the problem residen with residents coming forward asking for favors. favors Karen Hayes stated she is seeking answers and assistance fro~,Hayes Council and not favors. not favors Jim Green spoke regarding the lack of Hispanic residents present J.Greec at meetings and the cities lack of advertising of Lynwood eventsspanish in Spanish literature. literatu Frank Hart, San Jose Ave. questioned how the city tracks thep,Hart hiring of Lynwood residents. Frank Garcia questioned upcoming opportunities in Redevelopment F.Garci projects for Lynwood Youth. Also questioned what Council was Lynwood doing about the drug traffic and prostitution problems on Long youth Beach Blvd. COUNCIL ORALS Councilmember Henning referred to the Brown Act and Henning Councilmembers placing items on the Agerde. Stated he is seekingBrocm the Attorney Generals Assistance on this matter. Act Councilmember Heine spoke regarding Councilmembers placing items Heine on the Agenda. Councilmember Byrd spoke regarding decisions made by Council. Byrd Also discussed the water recycling process. recycl.i~ Councilmember Rea presented a letter submitted and demanded an A.Rea internal investigation by staff. 7 ~~ ~icliards Mayor Richards commended the Director of Human Resources for the ~ommended outst anding All City Planning Conference held on the 7th of May. director of Also commended staff on the opening ceremonies at Chavez Lane. 3uman Spoke regarding local employment, and the high amount of legal 2esources fees instituted by lawsuits. Hearing no further discussion, it was moved by Councilmember Henn seco d by Councilmember Rea 1 0 MA~Y~O~R,( ~ ~ ry~ _- CITY CLERK and carried to adjourn at J