HomeMy Public PortalAboutM 1989-12-19 - CCr 3 ~"
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REGULAR MEETING DECEMBER 19, 1989
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 Pro Tem Richards in the chair.
Councilmembers Heine, Henning, Rea, Richards, answered the roll
call.
Mayor Wells was absent.
It was moved by Councilmember Henning, seconded by Councilmember
Heine and carried, to excuse Mayor Wells.
Also present were City Manager Gomez, City Attorney Barbosa
and City Clerk ~is~oper.
City Clerk announced the agenda had been duly posted in accordance
with The Brown Act.
It was moved by Councilmember Henning, seconded by Councilmember ~.
Heine to approve commendation for Todd-Anthony Dunn for achieving T.A.Dunn
Eagle Scout Award.
RESOLUTION NO. 89-230 entitled: "A RESOLUTION OF THE CITY Res.89-230
COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THAT THE
CALIFORNIA AIR RESOURCES BOARD SCHEDULE A FORMAL PUBLIC HEARING
ON THE ADOPTION OF CONFORMITY PROCEDURES INTO THE SOUTH COAST
AIR QUALITY MANAGEMENT PLAN" was presented.
It was moved by Councilmember Henning, seconded by Councilmember
Heine to adopt the resolution.
ROLL CALL•
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
It was moved by Councilmember Henning, seconded by Councilmember
Rea to recess to the Lynwood Redevelopment Agency at 7:40 p.m.
It was moved by Councilmember Heine, seconded by Councilmember
Rea to reconvene City Council at 8:02 p.m.
It was moved by Councilmember Henning, seconded by Councilmember
Heine to recess to Closed Session at 8:03 p.m.
Council reconvened at 9:17 p.m.
PUBLIC ORAL COMMUNICATIONS: AGENDAS ITEMS ONLY:
Hearing no response, public oral communications was closed.
SCHEDULED MATTERS:
Mayor Pro Tem Richards announced the time had arrived to conduct per. Hsi
a public hearing on adoption of an ordinance adopting by reference ~~~~
,,._, the recodified and recompiled Lynwood Municipal Code and Amending adopting
Section 1 -1 of that code. Code
It was moved by Councilmember Heine, seconded by Councilmember
Rea to open the public hearing.
Hearing no response,
It was moved by Councilmember Heine, seconded by Councilmember Y=
Rea to close the public hearing.
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1st reading: ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
Ordinance CITY OF LYNWOOD, CALIFORNIA, ADOPTING BY REFERENCE THE RE-
CODIFIED AND RECOMPILED LYNWOOD MUNICIPAL CODE AND AMENDING
SECTION 1-1 OF THAT CODE." was presented.
It was moved by Councilmember Rea, seconded by Councilmember
Heine to waive reading and introduce ordinance for first
reading.
ROLL CALL:
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
CONSENT CALENDAR:
All matters listed under the Consent Calendar were acted upon by
one motion affirming the action recommended on the agenda unless
members of staff or Council request specific items removed for
separate action.
Councilmember Henning requested item 12 - Public facilities
improvement project (FY 1989-90) project no. 5-5114 - Bateman Hall
Pools.
Councilmember Heine questioned item 13, if the Associate Engineer
mentioned in the item was an actual engineer.
Public Works Director Wang stated staff was requesting approval
of the position when the time came to recruit and there was no
one in the position at this time.
Councilmember Rea requested item 14 - Amendment of Contract -
Salary Adjustment.
The following action was taken:
Water Ma:i.nt.City Council approve the upgrading of Water Maintenance Division
Div: Head position from Water Supervisor to Associate Civil Engineer.
Res.89-232 RESOLUTION NO. 89-232 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD TO SET A DATE FOR A PUBLIC HEARING
TO CONSIDERREVOKING OR SUSPENDING THE BUSINESS LICENSE ISSUED
TO THE LA FRONTERA BAR LOCATED AT 11620 ATLANTIC BOULEVARD."
was presented.
Res.89-233 RESOLUTION NO. 89-233 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DEMANDS AND
ORDERING WARRANTS THEREFOR." was presented.
It was moved by Councilmember Henning, seconded by Councilmember
Heine to approve the foregoing items and adopt the resolutions.
ROLL CALL:
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
Discussion: Councilmember Henning requested item 12 - Public facilities
Bateman Hallimprovement project-Bateman Hall Pools and requested information
Pools from Public Works Director Wang.
Public Works Director Wang stated bids received for this project
were too high Staff had spoken with contractors and some ex-
pressed the project was too big for them and some did not have
the time to spend on the project. Recommended Council not
award the bid and allow staff to work with contractors to try and
come up with a workable schedule and price.
It was moved by Councilmember Henning, seconded by Councilmember
Heine to approve staff recommendations and not award the contract.
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ROLL CALL:
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES NONE
ABSENT: COUNCILMEMBER WELLS
Councilmember Heine questioned approximately how long before the
project would be underway.
Public Works Director Wang stated the item should be back before
Council by the second meeting in January, 1990.
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Councilmember Rea requested item 14 - Amendment of Contract -
Salary Adjustment and discussed the dedicated quality of service
provided by the Lynwood Fire Department.
RESOLUTION NO. 89-231 entitled: "A RESOLUTION OF THE CITY Res.89-231
COUNCIL OF THE CITY OF LYNWOOD AMENDING ARTICLE V OF THE COMPRE-
HENSIVE MEMORANDUM OF UNDERSTANDING IN EFFECT BETWEEN THE
CITY OF LYNWOOD AND THE LYNWOOD FIREFIGHTER'S ASSOCIATION."
was presented.
It was moved by Councilmember Rea, seconded by Councilmember
Heine to adopt the resolution.
ROLL CALL:
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
DISCUSSION ITEMS:
City Manager Gomez stated Council requested Rapid Publishing
Amendment item be brought back on the agenda.
Rapid Pub.
Councilmember Heine stated he understood there was an amendment
,,_„ to the agreement that was delayed at the last meeting. Feels
the city needs to go ahead with the agreement.
Councilmember Henning questioned who moved to have the item
brought back on the agenda. Stated the matter had been dealt
with four weeks ago.
Councilmember Rea stated he thought the date had been set by the
Mayor to bring the item back.
Councilmember Heine stated at the time, it was a 4-1 vote and
Councilmember Henning had requested the item be brought back.
Mayor Pro Tem Richards stated Council voted to award the contract
and there was a resolution passed to do that.
City Attorney Barbosa stated his recollection of the action was
on the evening of the 4-1 vote, there was a request by one of
those who voted in favor, to bring the matter back on the next
agenda. It was brought back on a subsequent agenda and by a
3-2 vote, the prior action was set aside.
Mayor Pro Tem Richards stated that was not the way it happened.
Stated there. was a resolution to approve the agreement, the
,~- agreement passed. One of the Councilmembers stated they would
like to see the item brought back for discussion at the next
meeting. Council made a decision to award the contract, to amend
the contract. At a subsequent meeting on a 3-2 vote, it was
voted to place the matter up for reconsideration and I ;suppose
the matter is to be reconsidered tonight.
Councilmember Rea stated the matter should have }~e~ a regular
agenda item.
City Manager Gomez stated the matter was up for reconsideration.
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Mayor Pro Tem Richards stated his position was the status quo
was fine and suggested staff proceed with deliberate speed in
o~'t implementing the terms of the agreement as decided by Council.
Rapid Councilmember Heine stated there was nothing in the agenda
per, as far as information relative to the item.
City Manager Gomez stated there was no new information as Council
had the agreement previously.
Mayor Pro Tem Richards stated the item was on for reconsideration.
If Council wanted to reconsider whether to reverse Council's
prior decision or to do whatever.
City Manager Gomez stated he thought the motion was made by
Councilmember Henning and seconded by Councilmember Rea to
reconsider.
Councilmember Heine moved that the recommendation for considera-
tion be approved as it was.
Mayor Pro Tem Richards stated that action was not necessary. The
only decision before Council would be to reverse Council's de-
cision. Council already made a decision, now the decision would
be to reverse any agreement now in place or to void the contract.
City Attorney Barbosa stated as he recalled, the matter was
voted for reconsideration by a 3-2 vote. The matter of the
contract is before you whether to execute or not to.
Mayor Pro Tem Richards stated the
Council had made a decision to pr~
the last meeting Council voted to
reconsideration. Reconsideration
ahead or to reverse the decision.
decision in place to proceed with
decision would be to reverse.
statement was incorrect. The
~ceed with an agreement. At
bring the matter back for
could only mean to either move
Since there was already a
the agreement, the only
Councilmember Henning stated he would like to hold this item over
until minutes were available in order to clear up .any conflict.
Mayor Pro Tem Richards stated Council was holding in limbo, an
agreement as Council can always reconsider any matter.
City Manager Gomez stated there was an agreement for one tabloid
and 26 weeks of one page issues. Stated what staff presented
back to Council was the additional two tabloids to finish off
the fiscal year.
Councilmember Heine stated the first quarterly was approximately
$6,000 and with recommendation to come back and do another two
tabloids at $6,000 each which would be a total of $12,000 which
received a 3-2 vote.
Mayor Pro Tem Richards stated the matter was not a complex one.
Council voted to amend the agreement 4-1 to do two additional
tabloids. Stated it was requested by a Councilperson to bring
the matter back for discussion and reconsideration. When it was
put back on the agenda, Council then voted 3-2 to bring the
matter back for reconsideration. Again, tonight it is back for
reconsideration. Stated it was not a difficult matter and should
not cause a lot of confusion.
Councilmember Heine stated the next issue was due January, 1990,
and wouldn't allow very much time if Council didn't move ahead.
After discussion,
It was moved by Councilmember Heine to approve $12,000 for the
two tabloids to be produced.
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Mayor Pro Tem Richards stated that amount was approved in Ih.9cz~ai
November. Stated the only thing Council would be doing now was
reversing that action as the agreement was already in effect. an't
If Council wanted to continue matter, it could be continued.
City Attorney Barbosa discussed action as being to reconsider.
Rapid Pub.
Mayor Pro Tem Richards questioned City Attorney's conclusion as
to reconsider and if there had been a motion to void the contract.
•-- City Attorney stated action to reconsider by definition, voids
underlying action.
Mayor Pro Tem Richards questioned how a motion to reconsider
implied voiding a contract. It could mean reconsideration,
putting in additional elements or any number of things.
City Attorney Barbosa recommended Council get minutes of last
meeting and to clarify what the action was as his recollection
of action was to reconsider the matter, which voided the initial
action and puts the matter back before the City Council whether
to enter into the contract or not to. Stated if Council chose
tonight to act on the contract, a motion to approve would have to
be made, have a roll call, if the action passes, you have a
contract.
Mayor Pro Tem Richards stated the action was to bring the matter
back for reconsideration and there was no action to void the
agreement and there was an agreement in place.
City Attorney Barbosa stated he was requesting the Council
reconsider what the action was by way of the minutes.
Councilmember Henning questioned if the matter could be held over
until minutes were available.
After further discussion,
It was moved by Councilmember Heine, seconded by Councilmember
Rea to ratify Council's decision of November 7, 1989.
ROLL CALL•
AYES: COUNCILMEMBERS HEINE, REA, RICHARDS
NOES: COUNCILMEMBER HENNING
ABSENT: COUNCILMEMBER WELLS
Administrative Assistant to City Manager Forde discussed formation
of a Sister City. Spoke on communication from Chairman Pro Tem
of Point Fortin, Trinidad and their interest in becoming sister Sister
city with Lynwood. Clty
Councilmember Heine questioned amounts given for travel in staff
report.
Staff stated it was an estimate amount for travel to Sister City
International by staff or Council.
Mayor Pro Tem Richards spoke on forming a Sister City's Commission
to look at other cities as a starting point for Lynwood.
Councilmember Rea stated there was no need to form a Sister City
Commission as staff had taken the time to look into the matter
and there was already an organization set up to send all the
necessary information.
Councilmember Heine stated it would be better to have an Advisory
Group rather than a commission.
Mayor Pro Tem Richards stated it would allow citizens an opportu-
nity to get involved.
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Councilmember Rea suggested Community Affairs Commission as
the commission to work with staff on this item.
After discussion,
Res.89-234 RESOLUTION NO. 89-234 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FUNDS FOR MEMBERSHIP
IN THE SISTER CITIES INTERNATIONAL (SCI) PROGRAM." was presented.
It was moved by Councilmember Henning, seconded by Councilmember
Heine to adopt the resolution and approve staff recommendations.
Councilmember Rea requested staff looking into Community Affairs
Commission to include duties of Sister City International as
part of their overall duty if it is permitted.
ROLL CALL•
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
Closing of City Manager Gomez stated requests had been received from employ-
City Hall ees as to closing City Hall at 3:00 p.m, on Friday before Christmas
for Christ- and Friday before New Years.
mas & New
Years It was moved by Councilmember Heine, seconded by Councilmember
Rea to approve staff request.
Councilmember Henning stated a skeleton crew should remain in
City Hall in case someone comes in for services. Doesn't like
the idea of closing City Hall.
Councilmember Rea stated it would be a good idea to let employees
go home early and would_bt~o~ employee morale.
Councilmember Henning stated employees should be given the option
of taking some time off with pay or to take four hours off on
one of the holidays or the other in order to keep City Hall open.
Councilmember Richards suggested some employees take four hours
the Friday before Christmas and other employees take the Friday
before New Years.
After discussion,
it was moved by Councilmember Heine, seconded by Councilmember
Rea to allow some employees to leave at noon on the Friday
before Christmas and the other employees to leave at noon the
Friday before New Years.
ROLL CALL•
AYES: COUNCILMEMBERS HEINE, HENNING, REA, RICHARDS
NOES: NONE
ABSENT: COUNCILMEMBER WELLS
CITY CLERK'S AGENDA:
Councilmember kenning requested item - nominations Housing
Community Development Advisory Board/one vacancy, be held over
to the meeting of January 2, 1990. "'""
Natdnatie It was moved by Councilmember Heine, seconded by Councilmember
B.ESQ~h Rea to nominate Bette Espeseth to the Community Affairs
Q~an Aff. Commission .
It was moved by Councilmember Rea, seconded by Councilmember
Henning to close nominations. Appointment at Council's meeting
of January 2, 1990.
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CLOSED SESSION ITEM:
City Attorney Barbosa stated Council met and discussed personnel
matters. No need for action at this time.
PU~C":ORAL: COMMUNICATIONS:
Hearing none, public oral communications was closed-
~,,.,, COUNCIL ORAL AND WRITTEN COMMUNICATIONS:
Councilmember Heine wished everyone a Merry Christmas and a
Happy New Year. Stated the Singles Group donated approximately
1,000 toys to be distributed by the Sheriff's Department, to
needy children for Christmas.
Councilmember Rea requested staff look into Council participa-
tion in giving food baskets and toys for the needy at Christmas.
Wished everyone a Merry Christmas and a Happy New Year.
Councilmember Henning spoke on problems with Cable TV viewing on
the past Sunday. Requested an agenda item in order for Council
to review the franchise agreement and have representatives from
Cable present. Doesn't feel residents should be charged when
the service is not working and there is no emergency number
available in order to report problems. Also discussed the increase
in rubbish fees. Questioned why recyclable items are not being
recycled. Requested staff look into possibility of city purchasing
bowling alley if it is for sale to house the Sheriff's Youth
Athletic League. Requested information back at the second meeting
in January. Wished everyone a Merry Christmas and a Happy New
Year.
Mayor Pro Tem Richards spoke on the Conference held by League
.~-- of California Cities he and Councilmember Rea attended. Discussed
moderating panel on drug and gang problems and solutions that were
discussed. Wished everyone a Merry Christmas and a Happy New Year.
_ There was no further business and it was moved by Councilmember
Henning, seconded by Councilmember Heine to adjourn.
Mayor
APPROVED
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City Clerk