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Home My Public Portal AboutM 1994-09-20- CC13I LYNWOOD CITY COUNCIL, SEPTEMBER 20 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 7:31 p.m. Mayor Richards in the Chair. Councilmember Byrd, Heine, Henning, Rea and Richards answered the roll call. Also present were City Manager Gonzales, Interim City Attorney Rudell, City Treasurer Pygatt and City Clerk Hooper. City Clerk Hooper announced the Agenda had been duly posted in accordance with The Brown Act. It was moved b"p Councilmember Heine, seconded by Councilmember Byrd and carried to approve the following minutes: a) Regular Meeting, September 6, 1994 Mayor Richards acknowledged former Congressman Mervyn Dymally. It was then moved by Councilmember Heine, seconded by Councilmember Rea, and carried to recess to the Lynwood Redevelopment Agency at 7:36 p.m. Council reconvened at 8:35 p.m. PUBLIC HEARINGS Mayor Richards introduced the first Public Hearing, a ZoningRichard: ordinance Amendment No. ZoA 38, Applicant: City of Lynwood. It was moved by Councilmember Rea, 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 moved by Councilmember Heine, seconded by Councilmember Byrd, to waive reading and introduce: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MUNICIPAL CODE BY REPEALING IN ITS ENTIRETY CHAPTER 17 AND AMENDING IN ITS ENTIRETY SECTION 25-3 OF CHAPTER 25 RELATING TO THE REGULATION OF SIGNS, ADVERTISING STRUCTURES AND ADVERTISING DISPLAYS". ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, REA, RZCHARDS NOES: NONE ABSENT: COUNCILMEMBER HENNING Mayor Richards then introduced the next item, a Public Hearing Richard relating to the rate adjustment for Rubbish Collection ServiceRubbish and Implementation of State Mandated Recycling Programs. It was moved by Councilmember Rea, seconded by Councilmember Byrd, and carried to open the Public Hearing. Rod white spoke regarding a survey conducted by staff with regard R.White to comparable costs for recycling, and the possibility of lower rates. Helen Pedroza 12512 Atlantic Ave, requested Council examineH.Pedro alternative companies for lower recycling rates. Hearing no further discussion, it was moved by Councilmember Rea, seconded by Councilmember Byrd, and carried to close the Public Hearing. 132 + Rudel.l. Interim City Attorney Rudell requested corrections to the resolution, those being: Correction~~Section 4. Rate for Curbside Recycling Program shall be $2.55 of per month per single family dwelling and per unit for multi Resolution family dwellings, in order to provide for a residential curbside recycling program to include all reporting under AB939 and an extensive public information campaign by Western Waste Industries. 50's of the revenue from the sale if recyclable in excess of the first $0.50 per unit per month shall be paid to the City by Western Waste Industries". It was moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: RES94-154 RESOLUTION NO. 94-154 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Garbage & OF THE CITY OF LYNWOOD REVISING GARBAGE AND TRASH COLLECTION FEES Trash AND IMPLEMENTING A RESIDENTIAL CURBSIDE RECYCLING PROGRAM". with amendments. Heine Councilmember Heine discussed the cities responsibility to initiate a recycling program for residents. Richards Mayor Richards discussed State Mandated Programs. ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, RICHARDS NOES: COUNCILMEMBER HENNING, REA ABSENT: NONE PUBLIC ORAL COMMUNICATIONS - AGENDA ITEMS ONLY D.Brown Doris Brown 4011 Virginia Ave. questioned maintenance and upkeep of the bus shelters after construction is completed. Gonzales City Manager Gonzales stated previous discussions had been held Positive regarding the maintenance of the shelters. Positive Motion and Motion regular maintenance crews would be utilized for upkeep. 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 #11, Contract Change Order Contract Report, Item #17, Authorization to execute an Agreement and Change Commit the City's Home Fund Pursuant to Home Program Guidelines, Order Item #18, Authorization to enter into Home Program Participation Report, Agreement with a Designated Community Housing Development Home PrograOrganization (CHDO), Item #24, Publication of Summaries of ParticipatiOrdinances, Item #25, Second Reading of an Ordinance and Item #26, Warrant Run. It was moved by Councilmember Byrd, seconded by Councilmember Heine, to adopt: RES94-155 RESOLUTION NO. 94-155 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Bus OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PROCEED WITH THE Shelters pURCHASE OF BUS SHELTER MATERIALS". RES94-156 RESOLUTION NO. 94-156 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Pree OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS planting FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER 'roject SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE Landscape FOLLOWING PROJECTS" "CITY WZDE TREE PLANTING PROJECT (VARIOUS LOCATIONS) CITY WIDE LANDSCAPE IMPROVEMENT PROJECT (VARIOUS LOCATIONS)". RES94-157 RESOLUTION NO. 94-157 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL Easement OF THE CITY OF LYNWOOD ACCEPTING AN EASEMENT OFFER FOR STREET Offer DEDICATION OF A PORTION OF LOT 1, IN THE CITY OF LYNWOOD, COUNTY Street OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOR Dedication 78, PAGE 6 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY 133 .~. r r r RECORDER OF SAID COUNTY" RESOLUTION NO. 94-158 ENTITLED: "A RESOLUTION OF THE CITY COUNCILRES94-1_ OF THE CITY OF LYNWOOD AWARDING A THREE YEAR CONTRACT TO WELCH'S UNIFORM RENTAL". RESOLUTION NO. 94-159 ENTITLED: "A RESOLUTION OF THE CITY COUNCILRES94-15 OF THE CITY OF LYNWOOD APPROVING THE EMERGENCY REPAIRS OF THE AIR CONDITIONING SYSTEM AT BATEMAN HALL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MARE NECESSARY FUND APPROPRIATION AND TRANSFER". RESOLUTION NO. 94-160 ENTITLED: "A RESOLUTION APPROVING ANRES94-16 APPLICATION FOR STATE GRANT FUNDS AND AGREEMENT WITH ORZCOM FOR DEVELOPMENT AND MANAGEMENT OF A HOUSEHOLD HAZARDOUS WASTE PROGRAM". RESOLUTION NO. 94-161 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL4E594-16 OF THE CITY OF LYNWOOD TO AUTHORIZE THE COUNTY OF LOS ANGELES TO SUBMIT AN APPLICATION OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO E%PAND THE LOS ANGELES COUNTY RECYCLING MARKET DEVELOPMENT ZONE TO INCLUDE THE CITIES OF BURBANR, GLENDALE, PASADENA, VERNON AND THE UNINCORPORATED AREA OF ALTADENA". RESOLUTION NO. 94-162 ENTITLED: "A RESOLUTION OF THE CITY COUNCILRES94-1 OF THE CITY OF LYNWOOD AUTHORIZING AN EMPLOYEE RECOGNITION AND AWARDS DINNER AND TO MARE THE NECESSARY FUND APPROPRIATION". ST. PHILIP NERI CHURCH - CARNIVAL PERMIT ROLL CALL' AYES: •COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Councilmember Henning questioned the need for a resolution withHenhing respect to item #11, Contract Change -0rder Report. Does not feel a resolution is necessary is the department has nothing to report. Feels a staff report would have been sufficient. It was moved by Councilmember Byrd, secohded by Councilmember Henning to adopt: RESOLUTION NO'. 94-163 ENTITLED: "A RESOLUTION OF THE CITY COUNCILRES94-1 OF THE CITY OF LYNWOOD APPROVING STAFF'S REPORT ON CONTRACT CHANGE ORDERS FOR CAPITAL IMPROVEMENTS PROJECTS FOR THE PERIOD FROM MAY 1, 1994 THROUGH JULY 31, 1994". ROLL CALL• AYES: .COUNCILMEMBER BYRD, NOES: NONE ABSENT: NONE HEINE, HENNING, REA, RICHARDS Councilmember Henning then discussed item #17, Authorization toHenning Execute Agreement and Commit the City's Home Fund Pursuant to Home Program Guidelines. Stated he hadn't received the item until the previous night and did not feel he has had sufficient time for review. Requested item be held over until 'which time council has had time to completely review the item. City Manager Gonzales stated this is a companion item to the one Gonzale which was approved at this evenings meeting of the Agency. The item is stating that the Agency will act on behalf of the City to administer its Home Program funds. Action must be taken on behalf of the city prior to the close of September or the money is recaptured and the city loses the full amount. Also stated if Council feels the need to take this as a subsequent need item, this could be done at a continued meeting, prior to the deadline. Mayor Richards requested approving the item at tonights meeting,Richards and should and concerns arise from any member of the Council, a Special Meeting could be called. ~3~ It was moved by Councilmember Heine, seconded by Councilmember Byrd to adopt: :ES94-164 RESOLUTION NO. 94-164 ENTITLED: "A RESOLUTION OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND THE CITY OF LYNWOOD FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND TO COMMIT THE CITY OF LYNWOOD 1992 HOME FUND ALLOCATION TO THE LYNWOOD REDEVELOPMENT AGENCY PURSUANT TO HUD HOME GUIDELINES". ROLL CALL' AYES: •COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE Henning Councilmember Henning stated the same concerns with item #18, Authorization to enter into Home Program Participation Agreement with a Designated Community Housing Development Organization (CHDO). Does not feel comfortable with how the funds have been allocated. Questioned the method used by staff to solicit participating non-profit organizations. Gonzales City Manager Gonzales stated the item had met all HUD requirements and specific checklist. Also discussed the percentage breakdown of how funds had been allocated. Henning Councilmember Henning questioned the meaning of VRI. Also questioned funds set aside for designated organizations. Gonzales City Manager Gonzales stated 85$ would be allocated to LRA and 15$ to CHDO. Richards Mayor Richards questioned the required process for designating recipient organizations. Also questioned when Council had become aware of the Home Program. Also requested clarity with regard to the issues, and ironing out the details. After further discussion, it was moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: ~ AGREEMENT FOR HOME PROGRAM PARTICIPATION ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, REA, RICHARDS NOES: COUNCILMEMBER HENNING ABSENT: NONE Henning Councilmember Henning requested a staff report with regard to Item #24, Publication of Summaries of Ordinances. Hooper City Clerk Hooper stated allocations within the government code include provisions of summaries for publication. This would not apply to all ordinances, only those that are extensive. Votes and titles would be printed, and this method could be utilized as a cost savings. Gonzales City Manager Gonzales stated the Citys contract with the Lynwood Press Wave contains a lump sum payment which covers all legal ads as an obligation. Richards Mayor Richards also stated that one of the Waves selling points was the blanket cost for all publications, regardless of length or content. ~ Seine Councilmember Heine spoke in favor of the summaries. /Atorney Interim City Attorney stated the item could still be considered as a back-up for future contingency. Henning Councilmember Henning questioned whether or not this procedure would be cost effective after considering the amount it would cost to pay legal counsel to condense the ordinances. Would this cost exceed the amount the newspaper would charge to print. 1~5 Mayor Richards recommended this item be pulled and brought back Richarc at the neat meeting, in order to allow staff the opportunity t:o examine the Wave contract with regard to cost of legal ads, and their obligation. Councilmember Henning stated he had pulled Item #25, Second Henning Reading of an Ordinance, and Item #26, Warrant Run for voting purposes. It was moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: ORDINANCE NO. 1401 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL GF Ord.14C THE CITY OF LYNWOOD AMENDING CHAPTER 25, THE OFFICIAL ZONING ORDINANCE OF THE LYNWOOD MUNICIPAL CODE, CHANGING THE ZONING CLASSIFICATION OF LOT 69 AS SHOWN ON PAGE 016, COUNTY ASSESSOR'S BOOR NO. 6191, LOS ANGELES COUNTY". ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, RICHARDS MOSS: COUNCILMEMBER HENNING, REA ABSENT: NONE It was then moved by Councilmember Byrd, seconded by Councilmember Heine to adopt: RESOLUTION NO. 94-165 ENTITLED: "A RESOLUTION OF THE CITY COUNCILRES94-1E OF THE .CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS DRAWN THEREFORE". ROLL CALL• AYES: •COUNCILMEMBER BYRD, HEINE, RICHARDS NOES: COUNCILMEMBER HENNING, REA ABSENT: NONE PUBLIC ORAL COMMUNICATIONS Rod White 4608 Carlin Ave.- commended the Department of PublicR.white Works for the new lighting in the alley. Also commended Facilities Maintenance for their excellent response time with. graffiti removal. Benjamin Miranda comments made regarding lawsuits that areB.Miranc currently in litigation. Karen Hayes discussed tax violations at the Entrepreneur Academy.K.Hayes Jack Keane discussed needed improvements at Los Amigos Park. J.xeane Adolph Lopez 11431 Plum St. suggested publishing of ordinancesALopez in Spanish. Also requested trash receptacles along Cesar Chavez Lane. Would like to see improvements along Long Beach Blvd. anal Imperial Highway. Arturo Reyes discussed the celebration dinner held for MexicanA.Reyes Independence. Derrell Hunter spoke regarding negativity in the city. A1soJ.Hunte- spoke regarding the rights of the residents to question how tax dollars are spent. Jim Greene questioned the Citys celebration of Mexican Holidays.J.Green~ also questioned funds being spent on temporary employees. Doris Brown discussed problems with standing water on Louise andD.srown Long Beach Blvd. Linda Greene asked that Council consider the working class whenL.Green~ making decisions that affect tax dollars. Mayor Richards discussed the increase in the Citys population and Richard how it affects costs, also how the City has absorbed the fee increase. Discussed improvements at Los Amigos Park and requested a staff report. X36 t It was then moved by Councilmember Byrd, seconded by Councilmember Heine and carried to recess to Closed Session at 10:30 p.m. Mayor Richards requested a roll call for Closed Session. ROLL CALL• AYES: .COUNCILMEMBER BYRD, HEINE, RICHARDS NOES: COUNCILMEMBER HENNING, REA ABSENT: NONE City Council reconvened at 11:05 p.m. Rudel.l Interim City Attorney Rudell stated Council had met in Closed Session for the purpose of discussing a) Public Employee Appointment and b) Conference with Legal Counsel-Existing Litigation. No reportable action on Item A. With regard to Item B, the Mayor has been instructed to execute all documents necessary to implement the settlement. Byrd Councilmember Byrd discussed negativity during the meeting, and how to address this problem. [eine Councilmember Heine announced the city recently receiving a Graffiti Award. Also discussed the publication of certain ordinances on the water bills. xenning Councilmember Henning apologized to residents for behavior during the meeting. Also discussed certain issues that should not have been debated during tonights meeting. Spoke regarding open hostilities, and acknowledging other Councilmembers rights to disagree. Also spoke regarding Brown Act violations. Rea Councilmember Rea apologized to residents for actions at tonights meeting. Also discussed personal disagreements that are inappropriate for Council Meetings and should not be discussed before the residents. Richards Mayor Richards spoke regarding respect and consideration among the Members. Discussed Capital Improvement Programs, and Councils participation with the residents. Discussed the need to look into several issues going on in the city. Hearing no further discussion, it was moved by Councilmember Byrd, seconded by Councilmember Heine, and carried to adjourn at 11:30 p. PAUL H. DS, II, a ~~.~~ ~~ ANDREA L. HOOPER, City Clerk