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HomeMy Public PortalAboutM 1989-12-19 - CCr 3 ~" ~~ 1 . ~ ,. 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. ..~~~~bz 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. ~ 3~ . 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. .-- 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. ~: "~ , 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. ~3~5 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. a ~.. 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. /, ~ 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 (~~~~~ City Clerk