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Home My Public Portal AboutM 1987-09-15 - CC4~5 REGULAR MEETING SEPTEMBER 15, 1987 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 in the chair. Councilmembers Byork, Henning, Morris, Richards answered the roll call. Councilwoman Wells was absent. Also present were City Manager Gomez and City Attorney H. Barbosa. City Manager Gomez announced that Councilwoman Wells would arrive late. City Clerk Hooper announced the Agenda had been duly posted according to The Brown Act. City Attorney H. Barbosa introduced the law firm of William Lofton and Elizabeth Pierce who are associates of Mr. Barbosa. It was moved by Councilmember Byork, seconded by Councilmember Henning to approve the Proclamations for: National POW/MIA Recog- nition Day, September 18, 1987, and Constitution Observation Day, September 24, 1987. ROLL CALL: AYE COUNCILMEMBER BYORK, HENNING, MORRIS, RICHARDS NOES: NONE ABSENT: COUNCILMEMBER WELLS It was moved by Councilmember Henning, seconded by Councilmember Byork to recess to the Lynwood Redevelopment Agency at 7:36 p.m. t""" ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, RICHARDS NOES: NONE ABSENT: COUNCILMEMBER WELLS Council reconvened at 8:03 p.m. Council recessed to Closed Session at 8:04 p.m. Council reconvened at 9:05 p.m. City Attorney Barbosa stated Councilmember Wells arrived during Closed Session at 8:15 p.m. Mayor Richards opened the Public Oral Communications regarding Agenda items. Ray Chavira, 11434 Plum, spoke regarding item no. 16, ordinance #16 Ord. establishing citywide regulations for establishments selling al- alchohol coholic beverages and any preliminary findings be made in public beverage and writing from the City Attorney so that all citizens and Planning selling Commission be clear on all directions. Alberto Penalber, 3737 Lugo, spoke regarding the alcoholic ordinance and stated Council should address the business people in regards to selling alcoholic beverages and hold over the ordinance until every- one is clear on its contents. City Attorney Barbosa stated he has presented his recommendations Barbosa and comments to Council as a`confidential memo under the Attorney- recommen~ Client priviledge and a public list of recommended modifications the Council may wish to consider, l) Reconsider the vote on second reading, 2) Table second reading on ordinance as is presented and (3) That the city Council take certain recommendations which will require the matter to go back to the Planning Commission for public hearing at which time all parties interested can be heard on the matter. ~~ B Mayor Richards closed the public orals on Agenda items, CONSENT CALENDAR: Agenda All matters listed under the Consent Calendar were acted upon Items by one Motion affirming the action recommended on the Agenda unless members of the Council or staff requested specific items be removed for separate action. Res.87-133 RESOLUTION N0. 87-133 entitled: "A RESOLUTION OF THE CITY Su11y- COUNCIL OF THE. CITY OF LYNWOOD AWARDING A CONTRACT TO SULLY- Miller MILLER CONTRACTING COMPANY IN THE AMOUNT OF $49,405.00 FOR THE BUS PAD CONSTRUCTION PROJECT (5-5048) AND TO ALLOCATE AN ADDITIONAL AMOUNT OF $5,000 TO THE PROJECT BUDGET." was presented. Res,87-134 RESOLUTION N0. 87-134 entitled: "A RESOLUTION OF THE CITY Fee neg. COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION APPROVING THE CONSULTAN'T' SELECTION AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT UPON SUCCESSFUL FEE NEGOTIATION?" was presented. Res.87-135 RESOLUTION N0. 87-135 entitled: "A RESOLUTION OF THE CITY Pedestrian COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION FOR Funds PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821." was presented. SB821 That the City Council approve the expenditures for Fire Chief/ Director of Public Safety oral interview panel, was presented. Res.87-136 RESOLUTION NO. 87-136 entitled: "A RESOLUTION OF THE CITY nuisance COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMINING THAT property A NUISANCE IS BEING MAINTAINED ON CERTAIN PROPERTY GENERALLY Lot 014 KNOWN AS LOT 014 TRACT 6190 PAGE 021 (PARKING LOT IN REAR OF CENTURY ARCADE), AND DIRECTING THE ABATEMENT THEREOF." was presented. Ordinance ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE Cable TV CITY OF LYNWOOD (1) GKANTING CONSENT TO THE TRANSFER OF AN Franchise EXISTING CABLE TELEVISION FRANCHISE TO AMERICAN CABLESYSTEMS OF CALIFORNIA, INC., (2) AMENDING ORDINANCE N0. 1134, (3) AMEND- ING ORDINANCE 1108, AND (4) CONCERNING RELATED MATTERS." was presented for first reading, and authorize the Mayor to execute the Franchise Acceptance Agreement and Release with American Cablesystems and the Release and Agreement with Rogers Cable- systems. R~s.87-137 RESOLUTION N0. 87-137 entitled: "A RESOLUTION OF THE CITY warrants COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS drawn AND ORDERING WARRANTS DRAWN THEREFOR." was presented. It Was moved by Councilmember Byork, seconded by Councilmember Henning that the foregoing items be approved and the resolutions be adopted and to waive reading and introduce the Ordinance for first reading. ROLL CAL, AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE DISCUSSION ITEMS: Councilmember Henning requested item no. 15, Country-wide Emergency Medical Transportation Franchise Zone Program be pulled for City Attorney to review for more information. By General Consent, Council agreed. Amending QPsDINANCE:NO. 1293 entitled: code - THE CITY OF LYNWOOD AMENDING selling VIDING CITY-WIDE REGULATIONS alcoholic BEVERAGES." was presented fo beverages "AN ORDINANCE OF THECITY COUNCIL OF THE LYNWOOD MUNICIPAL CODE BY PRO- FOR ESTABLISHMENTS SELLING ALCOHOLIC r second reading. 42 r It was moved by Councilmembex Henning, seconded by Councilmembex Call bac] Byork, the calling back for reconsideration of Ordinance No. 1293 Ord.1293 for second reading. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RI CHARDS NOES: NONE ABSENT: NONE It was moved by Councilmembex Morris, seconded by Councilmembex Byork to table second reading of Ordinance No. 1293. '~ ROLL CALL: AA E~-COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RI CHARDS NOES: NONE ABSENT: NONE It was moved by Councilmembex B~orl~, seconded by Councilmembex Wells that Council direct the City Attorney to transmit the report to the Planning Department and directing the Planning Commission to hold the first available public hearing with respect to a new Ordinance as drafted by the City Attorney in line with recommenda- tions presented to the City Council and when the public hearing is advertised that all businesses affected be notified. ROLL CALL: AYES COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RI CHARDS NOES: NONE ABSENT: NONE By General Consent, Council agreed to have the public hearing at the Planning Commission of November and materials will be available before the meeting. CLOSED SESSION: property City Attorney Barbosa stated that Council and the Agency met in negota- '""" Closed Session pursuant to The Brown Act with respect to property tions negotiations (Hopkins property), Litigation of Workmans Compensation Case (Simmons vs City of Lynwood), and potential Litigation of off and on site sale of alcoholic beverages. City Attorney Barbosa stated action needs to be taken from Closed Session in regards to the litigation of Simmons vs City of Lyn- wood. It was moved by Councilmembex Henning, seconded by Councilmembex Morris to approve payment of sum suggested and settle claim of Simmons vs City of Lynwood. ROLL CALL: A E COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE City Manager Gomez stated there are two information items, Council Concert had instructed staff to do what could be done for Rev. Harris's for Life program "Concert for Life." Has place to hang banner across Century Boulevard, and has agreement with the Sheriffs Department for Security security at the stadium and school. Last item is cash for speaker system. Rev. Harris has received bids,'one for $2,300. Council- membex Henning inquired as to where the money would come-from. '~' City Manager Gomez explained it would come from Community Promotion. Councilmembex Henning inquired if the City would be in any jeopardy for this type of activity. City Attorney Barbosa stated the city is not liable. Planning Community Development Director V. Mas informed Council on September 8, 1987, the Planning Commission will hold a special Planning Commission Study Session in order to consider the perceived negative impact on the community resulting from the present trend of development in the medium and high density residential zones, will address traffic congestion, off-street parking, school overcrowding, and adequate provisions of public services and utilities. S 4~ PUBLIC ORAL COMMUNICATIONS: Robert Fry Robert Fry, 12501 Alpine, questioned when Council goes into Simmons vs Closed Session, the citizens should be told and be given informa- Lynwood tion from the Closed Session. Stated the Closed Session of Simmons vs City of Lynwood case, no reporting. Barbosa City Attorney Barbosa stated the settlement of $8,715.00 recommenda- workers tion from the City adjuster for a Workers Compensation Claim. comp.claim Alcoholic Mr. Fry stated the ordinance (.alcoholic beverages) has passed beverage 5-0 twice now. Seems someon e hasn't done their homework and passed 5-0 this Ordinance gets delayed again. Council and Planning twice Commission have been working for 16 months, stated let's get together and ge t things done right and on time. Ray Chavira Ray Chavira, 11434 Alcoholic alcoholic beverage beverage ord. City Attorney Barb the Commission and by those who cause Plum questioned who is going to enforce the ordinance and what will those costs be. osa stated enforcement as he has related to Council, the cost of abatement will be borne the need of abatement. movement of City Manager Gomez stated the city is moving the Code Enforcement Code Enf. from the Fire Station to the Annex. No date has yet been set for the move. abate store Charles Glenn, 3533 Carlin, stated concerns as to who will enforce the new ordinance. Feels the city needs more Code causing Enforcement Officers and their hours need to be staggered. If problems there is a problem with the ordinance, then let's clean it up so everyone can live with it. Abate the stores that cause the problems and make it workable for the rest. -~*~, adopt ord. Joe Smith, 12733 Waldorf, commended John Byork for his service make prop. to the Council and the citizens of Lynwood. Inquired if Council owners could adopt an ordinance to make property owners pay to clean """^ pay to up their property. clean own prop. COUNCIL ORAL COMMUNICATIONS: Block Watch Councilmember Wells stated she would like staff to work with the Sheriffs Department with the Block Watch Captains Annual Dinner Captains on October 29, 1987, and also include the volunteers who work with dinner the Crime Prevention-Center. Thrifty's parking lot still needs to be cleaned up. Questioned if it takes 30 days to clean up a parking lot. Byork's Councilmember Byork stated it seemed as though each Council meeting statement there is a group of people lobbying for whatever and we rehash and re rehash rehash each item. When Council makes up their minds, we should ~ rehash stick with it. items Councilmember Henning stated there are vacant houses that need Henning abatement. One on Palm and one on Beechwood. Also street and vacant sidewalks on Waldorf need repair and water is not properly draining houses need on that street. abatement Morris Councilmember Morris requested staff to place a big dumpster in the place street yard, at one time the city had one for citizens to dump dumpster the big items that the weekly rubbish would not pick up. Maybe ,,,,,,~,, in street this would help. Also made request regarding a plaque for serving yard as Mayor. Stated this is a good idea and maybe this should be done for those persons serving on Commission. Should be made a City policy. - Henning- Councilmember Henning stated the City of Lynwood and the Community Community Affairs Commission is sponsoring "It Happened in Philadelphia" Sponsored on October 24, 1987... Tickets for adults are $9.00 and children Play $5.00 for dinner and the play. See the City Clerk for tickets. City Atty. Mayor Richards commended the City Attorney for reviewing the commended ordinance for alcoholic beverages and making suggestions for a by Mayor workable ordinance. for suggestion on alcoholic beverages 42 9 City Clerk explained the need for a new complete sound system in Need for the Council Chambers. Council concurred with the City Clerk and new sound requested that proposals be brought back to Council. system There was no further business and it was moved by Councilmember Wells, seconded by Councilmember Morris to adjourn to October 6, 1987. ROLL CALL: ~~-COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ~""" ABSENT : NONE ~~ ~~ Mayor APPROVED NOVEMBER 3, 1987 City C er