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HomeMy Public PortalAboutM 1992-01-07 - CC ~A ~~ ~ REGULAR NESTING JANUARY 7, 1992 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 7:30p.m. Mayor Heine in the chair. ~„~ Councilmembers Byrd, Rea, Richards, Wells, Heine, answered the roll call. Also present were City Manager Heriot, City Attorney Barbosa, and City Clerk Hooper. City Clerk announced the agenda had been duly pasted in accordance with The Brown Act. It was moved by Councilmember Wells, seconded by Councilmember Rea and carried, to approve the following minutes of previous meetings: a. Regular Meeting December 3, 1991 b. Regular Meeting December 17, 1991 Mayor Heine presented commendations to Lynwood Sheriff Deputies,l~'~ Heine for outstanding performance in helping to save the lives of present citizens in two separate incidents. Deputies are: ' commend Eric Parra L. A. Carter Timothy Leon Timothy Broad Robert Westpal Mayor Heine announced the time had arrived for reorganization of M Heine ,,,~ Council for Mayor and Mayor Pro Tem. announc~ reorgan Councilmember Rea nominated Councilmember Richards for Mayor. C Rea Nomination seconded by Councilmember Byrd. nom. c Richard Councilmember Richards stated he was flattered by the nomination, C Rich. but could not take the office. Stated policy needed to be set as denied to term of Mayor and Mayor Pro Tem. Declined the nomination. offic ~. term. Councilmember Richards nominated Councilmember Heine for Mayor. C Rich. Nomination seconded by Councilmember Wells. nom.. w Heine It was moved by Councilmember Wells, seconded by Councilmember Richards to close nominations. ROLL CALL: COUNCII,~IEI~ER BYRD: Abstain COUNCiLMENBER REA: Abstain COUNCILMENBER RICHARDS: Heine COUNCILNENBER WELLS: Heine COUNCILNENBER HEINE: Heine Councilmember Louis Heine appointed Mayor. Nominations were opened for Mayor Pro Tem. Councilmember Byrd nominated Councilmember Rea for Mayor Pro Tem.C Byrd Nomination seconded by Councilmember Rea. no. C Ri Councilmember Wells nominated Councilmember Richards for Mayor C We11s Pro Tem. Nomination seconded by Councilmember Richards. no. C ~; It was moved by Couclose nominati ons~. seconded by Councilmember Rea and carried, to ROLL CALL: COUNCILMEMBER BYRD: Rea COUNCILMEMBER REA: ~ Rea COUNCILNEMBER RICHARDS: Richards COUNCILMEMBER WETTS; Richards COUNCILMEMBER ,•-. HEINE: Richards Councilmember Richards appointed Mayor Pro Tem. It was moved by Councilmember Richards, seconded by Councilmember item 10-Council Wells to acc ept .recommendations of staff on Reorganization. Staff to come back with plan. Councilmember Rea stated the reorganization should be discussed ortunity to serve d the o at a special pp meeting as he had not ha and neither had Councilmember Byrd. as Mayor Pro Tem or Mayor, in the face of the Hispanic population. l Feels it was ap a s Councilmember Wells stated it was a shame that one of the Councilpeople oted on the way hecfeels it sho ldobe any situation that was not v Councilmember Richards spoke on events leading up to reorganization tonight. Stated there should be some goodwill on the Council now and leave all of the old things behind. Wished Council would go forward and not get stuck in a rut. Wells acc. recom. C. REA/ ~EaRG'.~ Ca: Rich. reor. tonight Staff recommendations: The Mayor Pro Tem would become Mayor in Staff order to give each Councilperson the opportunity to serve as recom. Mayor . MProT~~a~ Mayor Heine stated it was established that the date for M Heine reorganizations would be the first meeting in December unless the Georg. Certification had not been received from the County. Councilmember Richards stated maybe a workshop should be held to R~so.& discuss this item to decide whether an ordinance or resolution discus. should be brought back. City Manager Heriot stated a workshop had already been set and this matter could be braught back at that time. Councilmember Byrd questioned when the policy for reorganization C Byrd was adopted. ques. policy Was informed it was 1988. ROLL CALL • y~T,T._S , HEINE AYES: COUNCIh~+IEMBER BYRD, REA, RICHARDS, NOES: NONE ABSENT: NONE It was moved.by Councilmember Wells, seconded by Councilmember Rea and carried, to approve Municipal Organizations and x--- Committees 1992 List. It was moved by Councilmember Rea, seconded by Councilmember Byrd to recess to Lynwood Redevelopment Agency and Lynwood Information, Inc., ~t 8:OOp.m. Council was reconvened at 8:lOp.m. 2 5 PUBLIC ORAL COMMUNICA,~TIONS - AGENDA ITEMS ONLY: Jerome Hunter, 11301 Hulme, requested Council consider him for an J.Hunter appointment tonight on the Housing and Community Development request Advisory Board. Spoke of'his length of time residing in the city app, and the organizations he was affiliated with. HCD SCHEDULED I~+LATTERS,i ~--~ - _ ORDINANCE NO. 1368 ENTITLED: "AN ORDINANCE ADDING SECTION 13-11 ~~u=`~`^ TO THE LYNWOOD MUNICIPAL CODE RELATING TO ENCROACHMENTS.° WAS ord.1368 PRESENTED FOR SECOND READING. encroachments It was moved by Councilmember Rea, seconded by Councilmember Byrd to adopt the ordinance. ROLL CALL: AYES: COUNCILMEMBERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE CONSENT CA'LENDAR- All matters listed under the Consent Calendar were acted upon byMatt.list one Motion affirming the action recommended on the agenda unlessacted members of staff ar Council requested specific items removed forupon separate action. Councilmember Wells requested item 17-City Hall Roof Repairs. Councilmember Byrd requested item 14-Street Sweeping Contract; C Byrd item 15- Addition of Section 6-3.15 To The Lynwood Municipal Coderequestec Relating To Contract Change Orders; item 17-City Hall Roofitems. Repairs; item 18-Fire Resistive Roofing; item 19-No Smoking Ordinance; item 20-Rescheduling of City Council Regular Meeting of January 21, 1992; item 24-Nominations For Two City/Board Vacancies. Councilmember Rea requested item 21-Selection of Underwriting Firm; item 23-Warrant Register. The following action was taken: RESOLUTION NO. 92-2 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL res.92-2 OF THE CITY OF LYNWOOD ADOPTING THE WATER SHORTAGE CONTINGENCY sho~age PLAN PREPARED BY THE WEST BASIN AND CENTRAL BASIN MUNICIPAL WATER DISTRICTS A.S REQUIRED BY THE CALIFORNIA STATE ASSEMBLY BILL 11." WAS PRESENTED. RESOLUTION NO. 92-3 ENTITLED: °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYIiWOOD DECLARING ITS INTENTION TO ADOPT THE URBAN res . 92-3 WATER MANAGEMENT PLAN PREPARED BY THE CENTRAL BASIN MUNICIPAL adopt urb WATER DISTRICT." WAS PRESENTED. water management City Council receive and file evaluation report on the City's Third Annual All City Planning Conference held on December 11, 1991. f.- It was moved by Councilmember Wells, seconded by Councilmember Rea to adopt the resolution and approve the item. ' ROLL CALL: AYES: COUNCILMEMBERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE V . Street Councilmember Byrd requested item 14-Street Sweeping Contract and Sweeping spoke on the increases and what they were for. Stated all of Contract this information needed to be more readily available to the public so they would be aware of what-the increases were for. Mayor Heine spoke on the actual fees to be paid by each household. C Richard Councilmember Richards spoke on agenda with all of the backup poke of information being posted in the lobby for anyone who wished to Benda forread all of the information availble, to come in and read the public information. City Manager Heriot questioned the City Attorney regarding The Brown Act posting. City Attorney Barbosa stated The Brown Act had been rescinded back to the way it was before. City Manager questioned City Clerk on the posting of city agendas, and if they were being properly posted. City Clerk stated sometimes they were not posted in the right manner. City Manager questioned what the problem was as to posting. City Clerk stated thew were times she felt the agendas were not posted in a timely manner. Brown Act 1ty Manager Heriot stated there had not been any discussion from the City Clerk that there was questions or doubts to the agenda being duly posted. Discussion followed on the questions raised regarding the posting of the agenda relative to The Grown Act. RES. 92-1 RESOLUTION NO. 92-1 ENTITLED: °A RESOLUTION OF THE CITY COUNCIL ST. SW. +~F THE CITY OF LYNWOOD APPROVING THE EXTENSION OF THE STREET SWEEPING CONTRACT WITH JOE'S SWEEPING COMPANY TO DECE1rIBER 31, 1992." WAS PRESENTED. It was moved by Councilmember Richards, seconded by Councilmember Wells to adopt the resolution. ROLL CALL- AYES: COUNGII,MEMBERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE item 15- Councilmember Byrd requested item 15-Addition of Section 6-3.15 addition --to the Lynwood Municipal Code Relating to Contract Change Orders ~f Sec. 6-and stated the backup information was adequate but none of it 3.15 appears in the ordinance. Requested the item pulled. Would like to see a list of the Change Orders every three months. After discussion, Item to be brought back. .tem 17 Councilmember Wells requested item 17-City Hall Roof Repairs, and toof rep~.._.questioned if the repairs could be held off since remodeling of ~emodelingthe City Hall building was to be done. City Manager Heriot requested item pulled from the agenda. Councilmember Byrd questioned if the amount of money for the 4 proposed roof repairs was from bids or was it an estimate amount. Stated he had not heard of any reports of leaky roofs. Was informed there had been numerous reports of leaky roofs. Item pulled from the, agenda. Councilmember Byrd requested item 18-Fire Resistive Roofing. j ORDINANCE ENTITLED: °AN ORDINANCE OF THE CITY OF LYNWOOD REQUIRING ALL NEW AND REPLACEMENT ROOFING TO BE OF A °CLASS A ardor FIRE RETARDANT MATERIAL. ° WAS PRESENTED FOR FIRST READING replacement/new roofing It was moved by Councilmember Wells, .seconded by Councilmember Byrd to waive reading and introduce the ordinance for first reading. ROLL CALL: AYES: COUNCII,MEMBER BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE Councilmember Byrd requested item 19-No Smoking Ordinance and questioned if there had been a smoking area provided for those who smoke. City Manager Heriot stated there had not been, but the City Manager or his designee would make sure this matter was taken care of before the ordinance went into effect. ORDINANCE ENTITLED: °AN ORDINANCE OF THE CITY COUNCIL OF .THE Ard. CITY OF LYNWOOD, CALIFORNIA, ADDING SECTION 3-18 TO THE LYNWOOD ~-18 MUNICIPAL CODE PROHIBITING SMOKING IN ALL CITY OWNED BUILDING prohibitir. FACILITIES. ° WAS PRESENTED FOR FIRST READING. smoking 'in all'- it ~ ob i building e lmem ~ It was moved by Councilmember Wells, seconded by Counc , Heine to waive reading and introduce ordinance for first reading. Councilmember Richards spoke of concerns with Bateman Hall rental and the no smoking ordinance. Mayor Heine stated he did not foresee a problem. Councilmember Richards stated City Council should be inserted into section 3-18,2, of the ordinance. City Manager stated there would be a policy established and adopted before the ordinance goes into effect. ROLL CALL• AYES: COUNCILMEMBERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE Councilmember Byrd requested item 20-Rescheduling of City Council C Byrd Regular Meeting of January 21, 1992, and stated that since the resched. meeting was rescheduled to January 28, 1992 and was so close to item 20 ._, the regular meeting of February 4, 1992, it should be cancelled. next mee ~ After discussion, It was moved by Councilmember Byrd, seconded by Councilmember Rea to cancel the meeting of January 21, 1992 and have the regular scheduled meeting on February 4, 1992. 5 $ ~. ROLL C T T AYES: COUNCILME1SgER5 ByRp, REA, RICHARDS NOES: NONE ~ ~~, HEINE ABSENT: NONE Councilmember Byrd requested item 21-Selection of Underwriting Firm, and questioned if any other companies had been solicited. City Manager stated no others had been as the company was competent. Councilmember Rea questioned if bonds had been voted on by the citizens of the city. City Attorney Barbosa stated it would depend on the structure of the bonds . Most of Lynwood's bonds did not have to be voted on by the citizenry. Councilmember Byrd questioned if Attorney Wilson was to be part of the team. City Manager stated that was his recommendation. Councilmember Richards spoke of Wilson and Beck already serving as Special Counsel for the city. It was moved by Councilmember Wells, seconded by Councilmember Compre. Richards to select the firm of Grigsby, Brandford, and Powell as financing the City's underwriting firm and special counsel Ron Wilson to & refun. prepare comprehensive financing and refunding plan. plan ROTS aT.r. AYES: COUNCIL~IBERS BYRD, REA, RICHARDS, WELLS, HEINI3 NOES: NONE ABSENT: NONE Councilmember Rea requested item 23-Warrant Run, and questioned C/REA warrant #36042, payable to California Western Arborists and Ql1ES. questioned the invoice showing that approximately thirty trees WA,R,, had been cut down without the authority of the Engineering Department. no cut Public Works Director Murga stated the contractor had been down ~ notified not to cut down any more trees without approval from the trees Public Works Department. Councilmember Rea stated this was not an authorized act and the city should not incurr the costs. Star Councilmember Rea also questioned Warrant 36234 in the amount of photo $2,031.65 payable to Star Photo Unlimited, and the photos were for and where they were. Stated he would i kehto Unlimitedsee Bill Thomas as the photographer for the city. Mayor Heine stated this matter needed to be discussed in a workshop meeting as some of the photography services could be done by staff. payment Councilmember Rea also questioned Warrant 36259 in the amount of to Wit. 52.112.50 payable to Wilson and Becks. Was informed payment was & Becks for legal services as our Special Counsel. After discussion , 6 9 ., Warrant It was moved by Councilmember Rea to approve Warrant Run with the exception of Warrant numbers 36042-California Western Arborists;run and number 36234-Star Photo Unlimited. Councilmember Byrd questioned Warrant 36074 in the amount of C/BYRD $30,000 payable to Michael Heriot. Was informed the item had QUES. been approved at a previous Council meeting and was not a loan WAR. from the city, but was a loan from his own personal PERS Account 36.074 and a repayment schedule had been approved by Council. Councilmember Richards stated each Councilperson had theC Richard opportunity to review and question each warrant entry prior to the Council meetings, rather than coming before the public forum to make inquiries of this nature. After discussion, _ It was moved by Councilmember Wells, seconded by Councilmember Richards to approve the entire Warrant Run. ROLL CALL• AYES: .COUNCILMEMBERS RICHARDS, WELLS, HEINE NOES: COUNCILMEMBERS BYRD, REA ABSENT: NONE It was announced nominations were opened for two vacancies on the NOM. Housing and Community Development Advisory Board for expiring CDG$ terms of Margaret Araujo and Claud Law. Councilmember Wells nominated Jerome Hunter. Councilmember Rea nominated Claud Law and Margaret Araujo. Nomination seconded by Councilmember Byrd. r-~ ~ It was moved by Councilmember Rea, seconded by Councilmember Byrd ,~ to close nominations. Councilmember Wells questioned if Claud Law was still interested in serving on Board as letter was not submitted until the very last. ROLL CALL' COUNCILMEMBER $YRD: MARGARET ARAUJO, CLAUD LAW COUNCILMEMBER REA: MARGARET ARAUJO, CLAUD LAW COUNCII,I+i'EMBER RICHARDS: MARGARET ARAUJO, CLAUD LAW COUNCII~+IEI+iBER WELLS : JEROME HUNTER, MARGARET ARAUJO MAYOR HEINE: MARGARET ARAUJO, CLAUD LAW Margaret Araujo and Claud Law reappointed to the Housing and Community Development Advisory Board. It was announced nominations were open for the expiring term of Carlton McMillan on the Planning Commission. Councilmember Wells nominated Robert Henning. Councilmember Richards nominated Carlton McMillan. r--' Councilmember Rea nominated David Willis. It was moved by Councilmember Wells, seconded by Councilmember Byrd and carried, to close the nominations. 7 1~ ROLL C r.r. COUNCILMElsBER BYRO; COUNCII~~ RF,A; COUNCILMEMBER RICHARpS: COUNCII,K~Eg WEi,I,S ; MAYOR HEINE: RI NT OFF VOT ROLL r r _ COUNCILNENBER ByR,p_ COUNCILMEMBER REA: C017NCII,MEMBER RICHARDS s COUNCILMEMBER W'RT•T.S NAYOR HEINE: DAVID WILLIS DAVID WILLIS CARLTON MCMILLAN ROBERT HENNING CARLTON 1rICMILLAN DAVID WILLIS DAVID WILLIS CARLTON 1~ICMILLAN CARLTON MCMILLAN CARLTON MCMILLAN Carlton McMillan reappointed to the Planning Commission. WORK It was moved by Councilmember Wells, seconded by Councilmember SHOP Richards to approve February 7, 1992 as the second workshop meeting date. City Manager directed to ensure that every possible job or other economic opportunity possible from the construction and other activity will result from the issuance of bonds to implement jobs for Lynwood residents. City Manager Heriot read Phase I approach to concepts and HERIOT/ analysis of where the city is currently with respect to its #1 CITY capability in propelling itself towards the given destination as the Number One° city ~.n the United States. Spoke of employees being some of the most and best qualified anyplace. Doesn't feel elimination of staff is the answer, but more staff is needed in almost every department. Councilmember Rea stated it was the quality and not the quantity of staff that made the difference in production. ROLL CAT~T~-_-_ AYES: COUNCII~ERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE PUBLIC O 7-r. COM1KCnaTC'~ATTCINS R. HENNINGRobert Henning spoke on the No Smoking Ordinance and the roof in NO City Hall that needed to be repaired. Stated the Council SMOKING meetings are set by Ordinance and State Law and they cannot just ORD.. be cancelled at will. Thanked Councilwoman Wells for nominating him for the Planning Commission. Also spoke on posting of the City Council agendas. ~, Jerome Hunter congratulated City Manager Heriot on his program to HUNTER help get the citizens of the city employed. C.G Cynthia G. Geter, 3850 Virginia, wished everyone a Happy New GETER Year. B.THOMAS Bevin Thomas, Western Waste representative, spoke on the Christmas Tree recycling program held in the city on last weekend. Council was recessed to Closed Session at 10:25p.m. and was reconvened at 12:25g.m. City Attorney Barbosa stated Council heard report on Potlatch Litigation and Transportation Leasing. No need for action at this time. 8 1y i l l t'~' It was moved by Councilmember Richards, seconde Wells to authorize staff to proceed with acquisition negotiations as recommended. d by Councilmember Jorgensen Steel ROLL CALL• AYES: COUNCIL~ERS BYRD, REA, RICHARDS, WELLS, HEINE NOES: NONE ABSENT: NONE COUNCIL ORAL AND WRITTEN COHMLJNICATIONS: Hearing no response, Council Oral and Written Communications was closed. APPROVED ~ ~=f'~-l CITY CLERK It was moved by Councilmember Rea, seconded by Councilmember Wells and carried, to adjourn in memory of Bill Colitz, wellknown businessm ~ c' y, who passed away earlier today. Ctymin01.07